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California Code of Regulations Title 15 Crime Prevention and Corrections, CDCR, 2009

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State of California

California Code of Regulations
Title 15.

Crime Prevention and Corrections

Division 3
Rules and Regulations of
Adult Institutions, Programs and Parole
Department of Corrections and Rehabilitation

Updated through October 15, 2009

State of California

California Code of Regulations
Title 15.

Crime Prevention and Corrections

Division 3
Rules and Regulations of
Adult Institutions, Programs and Parole
Department of Corrections and Rehabilitation

Updated through October 15, 2009

Information and updates are available online at:
Internet: http://www.cdcr.ca.gov/regulations/adult_operations
CDCR Intranet: http://intranet/ped/regulations-and-policies

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

DIVISION 3.

T of C

ADULT INSTITUTIONS, PROGRAMS AND PAROLE
TABLE OF CONTENTS

Chapter 1.

Rules and Regulations of Adult
Operations and Programs . . . . . . . . . . . . . . . 11
Article 1. Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section
§ 3000
§ 3000.5
§ 3001
§ 3001.5
§ 3002
§ 3003
§ 3004
§ 3005
§ 3006
§ 3007
§ 3008
§ 3009
§ 3010
§ 3011
§ 3012
§ 3013
§ 3014
§ 3015
§ 3016
§ 3017
§ 3018
§ 3019
§ 3020
§ 3021
§ 3022
§ 3023
§ 3024

Article 1.5.
Section
§ 3025

Article 2.
Section
§ 3030

Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules of Construction . . . . . . . . . . . . . . . . . . . . . . .
Subject to Regulations . . . . . . . . . . . . . . . . . . . . . .
Assignment to Caseworker . . . . . . . . . . . . . . . . .
Notice of Program, Behavioral, and
Participation Expectations . . . . . . . . . . . . . . .
Threats Against Public Officials . . . . . . . . . . .
Rights and Respect of Others . . . . . . . . . . . . . .
Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contraband . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sexual Behavior . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obscenity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gambling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gifts and Gratuities . . . . . . . . . . . . . . . . . . . . . . . . .
Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unlawful Influence . . . . . . . . . . . . . . . . . . . . . . . . . .
Calls and Passes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unauthorized Areas and Facility
Boundaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Controlled Substances, Drug
Paraphernalia, and Distribution. . . . . . . . . .
Responsibility for Counts. . . . . . . . . . . . . . . . . . .
Telephones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Activity Groups . . . . . . . . . . . . . . . . . . . . .
Falsification of Records or Documents . . .
Equality of Inmates . . . . . . . . . . . . . . . . . . . . . . . . .
Gang Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Business Dealings by Inmates. . . . . . . . . . . . . .

19
19
19
20
20
21
21
22
22
22
22
22
22

§ 3045
§ 3045.1
§ 3045.2
§ 3045.3
§ 3046
§ 3047

Article 4.
Section
§ 3050
§ 3051
§ 3052
§ 3053
§ 3054
§ 3054.1
§ 3054.2
§ 3054.3

30
30
31
32
32
33
33
34
36
36
39
40
40
41
42
42

Food Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Article 5.

Personal Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 45

Section
§ 3060
§ 3061
§ 3062
§ 3063
§ 3064

Means. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal Hygiene . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Grooming Standards. . . . . . . . . . . . . . . .
Tattoos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quarters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 6.

Camp Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . 46

26
27
27
28

Section
§ 3070
§ 3071
§ 3072
§ 3073

Regulations and Procedures . . . . . . . . . . . . . . . .
Camp Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Contact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

Article 6.1.

§ 3054.5
§ 3054.6

24

State-Issued Inmate Clothing and
Linen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Work and Education . . . . . . . . . . . . . . . . . . . . . . . 26
Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Substance Abuse Programs for Inmates . . .
Bridging Education Program . . . . . . . . . . . . . . .
Performance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paid Inmate Work/Training Assignment
Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Pay Rates, Schedule and
Exceptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate/Parolee Access to Computers . . . . . .

Credit for Participation. . . . . . . . . . . . . . . . . . . . . .
Credit Earning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Loss of Participation Credit . . . . . . . . . . . . . . . .
Loss of Behavior or Worktime Credit . . . . .
Non-Credit Earning . . . . . . . . . . . . . . . . . . . . . . . . .
Credit Earning Special Assignments. . . . . . .
Impact of Transfer on Credit Earning . . . . .
Impact of 45-Day Notification on Credit
Earnings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Work and Training Incentive
Groups . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Timekeeping and Reporting . . . . . . . . . . . . . . . .
Timekeeping for Inmates in
Administrative Segregation . . . . . . . . . . . . . .
Excused Time Off (ETO) . . . . . . . . . . . . . . . . . . .
‘‘S’’ Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Workers’ Compensation for Inmates . . . . . .
Unemployment Compensation and
Disability Benefits . . . . . . . . . . . . . . . . . . . . . . . .

§ 3055
§ 3056

§ 3054.4

DNA and Forensic Identification . . . 24
Department of Justice DNA and Forensic
Identification Database and Data Bank
Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Regular Meals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use of Pork or Pork Derivatives. . . . . . . . . . .
Health and Safety Standards . . . . . . . . . . . . . . .
Food for Religious Events. . . . . . . . . . . . . . . . . .
Religious Diet Program . . . . . . . . . . . . . . . . . . . . .
Religious Vegetarian Diet. . . . . . . . . . . . . . . . . . .
Jewish Kosher Diet. . . . . . . . . . . . . . . . . . . . . . . . . .
Participation in a Religious Diet
Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Monitoring for Religious Diet Program
Inmate Compliance . . . . . . . . . . . . . . . . . . . . . . .
Meals Served to Non-Inmates. . . . . . . . . . . . . .
Reimbursement for State Purchased
Food. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use of Food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meals Served to Non-Inmates. . . . . . . . . . . . . .

22
23
23
23
23
23
23
23
24

Article 3.

§ 3041.3

§ 3044

22

§ 3031
§ 3032
§ 3033

§ 3041.2

Section
§ 3042
§ 3043
§ 3043.1
§ 3043.2
§ 3043.3
§ 3043.4
§ 3043.5
§ 3043.6
§ 3043.7

11
18
18
19

Issuance and Possession of State
Clothing and Linen . . . . . . . . . . . . . . . . . . . . . . .
Neatness and Laundry Exchange . . . . . . . . . .
Alteration of Clothing. . . . . . . . . . . . . . . . . . . . . . .
Alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section
§ 3040
§ 3040.1
§ 3040.2
§ 3041
§ 3041.1

Article 3.5.

25
25
25
26

Section
§ 3074

28
29

1

42
42
43
43
43
43
44
44
44
44
44
45
45

45
45
45
45
46

46
46
46
46

Alternative Sentencing Program . . . . 46
Alternative Sentencing Program
Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

T of C

Article 6.3.
Section
§ 3074.3

Article 6.5.
Section
§ 3075
§ 3075.1
§ 3075.2
§ 3075.3
§ 3075.4
§ 3076
§ 3076.1
§ 3076.2
§ 3076.3

Article 6.7.
Section
§ 3077
§ 3077.1
§ 3077.2
§ 3077.3
§ 3077.4

DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Family Foundations Program . . 46
46

Intake, Release and Discharge of
Inmates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

§ 3099

Inmate Restitution Fine and Direct Order
Collections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Trust Account Interest . . . . . . . . . . . . . .

Article 2.

Handicraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

The Family Foundations Program . . . . . . . . .

Initial Intake. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Intake Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discharge Certificates . . . . . . . . . . . . . . . . . . . . . . .
Earned Discharge From Parole. . . . . . . . . . . . .
Recall of Commitment Recommendation
Circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recall of Commitment Consideration
Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recall of Commitment Processing. . . . . . . . .
Victim Notification for Recall of
Commitment Recommendations . . . . . . . .

47
49
51
52
52

52
53
53

Transfer of Inmate Assessment
Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . 54
County Assessment Program . . . . . . . . . . . . . . .
Senate Bill 618 Program Participant
Determination, Assessment, and
Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senate Bill 618 Participant Medical,
Dental, and Mental Health
Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senate Bill 618 Participant Institutional
Programming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Senate Bill 618 Participant Community
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54
54

56
56

Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Temporary Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . .
Court Hearing on Inmate’s Children . . . . . .

Article 8.

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right to Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal Preparation . . . . . . . . . . . . . . . . . . . . . . . . . .
Screening Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal System Abuse . . . . . . . . . . . . . . . . . . . . . . .
Levels of Appeal Review and
Disposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal Time Limits . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions to the Regular Appeals
Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Americans With Disabilities Act . . . . . . . . . . .

57
57
57
57

§ 3091
§ 3092
§ 3093
§ 3094
§ 3095

Inmate Canteen Establishment and Draw
Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Canteen Operation . . . . . . . . . . . . . . . . . .
Special Inmate Canteen Purchases. . . . . . . . .
Canteen Yard and Cash Register Cards . . .
Exceeding Inmate Canteen Limits . . . . . . . . .
Nonroutine Canteen Draws . . . . . . . . . . . . . . . . .

Article 3.

Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Section
§ 3120
§ 3121
§ 3122

Inmate Library Requirements . . . . . . . . . . . . . .
Library Restrictions and Penalties . . . . . . . . .
Inmate Law Library . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4.

Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

59
60
61
63

67
67
67
67
68
68

2

69
70
70
70
70
71
71
71
71
71

71
71
71

§ 3143
§ 3144
§ 3145
§ 3146
§ 3147

General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plan of Operation. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Responsibility and Compliance . . . . . . . . . . . .
Definitions and Disposition of Mail . . . . . . .
General Mail Regulations. . . . . . . . . . . . . . . . . . .
Processing of Publications. . . . . . . . . . . . . . . . . .
Disturbing or Offensive Correspondence .
Disapproval of Inmate Mail . . . . . . . . . . . . . . . .
Appeals Relating to Mail and
Correspondences . . . . . . . . . . . . . . . . . . . . . . . . . .
Indigent Inmates . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Correspondence Between Inmates,
Parolees, and Probationers . . . . . . . . . . . . . . .
Funds Enclosed in Correspondence. . . . . . . .
Confidential Correspondence. . . . . . . . . . . . . . .
Processing of Outgoing Confidential
Mail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Processing Incoming Confidential Mail . . .
Inspection of Confidential Mail . . . . . . . . . . . .
Enclosures in Confidential Mail . . . . . . . . . . .
Mail in Languages Other Than English . . .
Definition and Disposition of Mail . . . . . . . .

Article 5.

Inmate Manuscripts . . . . . . . . . . . . . . . . . . . . . . . . 81

Section
§ 3150
§ 3151
§ 3152
§ 3153

Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unauthorized or Dangerous Material . . . . . .
Mailing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 6.

Legal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Section
§ 3160
§ 3161
§ 3162
§ 3163
§ 3164
§ 3165

Inmate Access to Courts . . . . . . . . . . . . . . . . . . . .
Inmate-Owned Legal Materials . . . . . . . . . . . .
Legal Forms and Duplicating Services. . . .
Assisting Other Inmates . . . . . . . . . . . . . . . . . . . .
Administrative Segregation . . . . . . . . . . . . . . . . .
Mailing Legal Documents . . . . . . . . . . . . . . . . . .

§ 3140
§ 3141
§ 3142

Subchapter 2. INMATE RESOURCES . . . . . . . . . . . . . . . 67
Article 1. Canteens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Section
§ 3090

§ 3106
§ 3107
§ 3108
§ 3109

§ 3138
§ 3139

57
57
58
58
59

68
69

Handicraft Program Participation . . . . . . . . . .
Volume. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension or Termination . . . . . . . . . . . . . . . . .
Gifts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Handicraft Sales . . . . . . . . . . . . . . . . . . . .
Handicraft Program Assistance to
Indigent Inmates . . . . . . . . . . . . . . . . . . . . . . . . . .
Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Donating Items to the Institution . . . . . . . . . .
Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Business Dealings . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section
§ 3130
§ 3131
§ 3132
§ 3133
§ 3134
§ 3134.1
§ 3135
§ 3136
§ 3137

55

Furloughs and Temporary Leave . . . . . . 57

§ 3085

Section
§ 3100
§ 3101
§ 3102
§ 3103
§ 3104
§ 3105

52

Section
§ 3080
§ 3081
§ 3082
§ 3083

§ 3084.6
§ 3084.7

Inmate Wages and Deductions . . . . . . 68

Section
§ 3097

Article 7.

Section
§ 3084
§ 3084.1
§ 3084.2
§ 3084.3
§ 3084.4
§ 3084.5

Article 1.5.

TITLE 15

72
72
72
72
73
74
75
75
76
76
77
78
78
79
79
79
80
80
80

81
81
81
81

81
81
82
82
82
82

TITLE 15

Article 7.

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Visiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82

Article 2.

82
83
83
83
84

Section
§ 3220

84
85
85
85
86
86

§ 3220.2
§ 3220.3
§ 3220.4
§ 3220.5
§ 3221
§ 3222
§ 3223

87

Article 3.

87
88

Section
§ 3230

88

§ 3231
§ 3232
§ 3233
§ 3234

§ 3177
§ 3178
§ 3179
§ 3182

General Visiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Visiting Guidelines . . . . . . . . . . . . . . . .
Child Victim Visiting Restrictions . . . . . . . . .
Visiting Procedures . . . . . . . . . . . . . . . . . . . . . . . . . .
Applying to Visit an Inmate. . . . . . . . . . . . . . . .
Approval/Disapproval of Prospective
Visitors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Minimum Visiting Days and Hours . . . . . . .
Processing of Approved Visitors . . . . . . . . . . .
Visiting Restrictions with Minors. . . . . . . . . .
Searches and Inspections . . . . . . . . . . . . . . . . . . .
Standards of Dress for Inmate Visitors. . . .
Standards of Conduct for Inmates and
Their Visitors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Denial, Restriction, Suspension,
Termination or Revocation of Visits
and Exclusion of a Person . . . . . . . . . . . . . . .
Visitor Violation Process. . . . . . . . . . . . . . . . . . . .
Violation of State Law on Institution/
Facility Property . . . . . . . . . . . . . . . . . . . . . . . . . .
Exclusion of a Person from Institutions/
Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restriction, Revocation or Suspension of
an Inmate’s Visits. . . . . . . . . . . . . . . . . . . . . . . . .
Family Visiting (Overnight) . . . . . . . . . . . . . . . .
Attorney Visitations and Consultation. . . . .
Appeals Relating to Visiting . . . . . . . . . . . . . . .
Minimum Visiting Days and Hours . . . . . . .

Article 8.

Tobacco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

Section
§ 3170
§ 3170.1
§ 3170.5
§ 3171
§ 3172
§ 3172.1
§ 3172.2
§ 3173
§ 3173.1
§ 3173.2
§ 3174
§ 3175
§ 3176
§ 3176.1
§ 3176.2
§ 3176.3
§ 3176.4

Section
§ 3180
§ 3181
§ 3187
§ 3188
§ 3189

Article 9.
Section
§ 3190
§ 3191
§ 3192
§ 3193
§ 3194
§ 3195

General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Quantity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Smoking Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tobacco Products . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Violations and Cessation
Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88
89
89
90
92
92

Article 4.

94

Personal Property . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

Article 5.

General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Property Registration and Disposition. . . . .
Possession and Exchange . . . . . . . . . . . . . . . . . . .
Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extradition Inmate Property . . . . . . . . . . . . . . . .
Release Clothing. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section
§ 3250
§ 3250.1

94
96
97
97
98
98

Subchapter 3.

INMATE ACTIVITIES . . . . . . . . . . . . . . . . 98

§ 3250.2
§ 3250.3
§ 3250.4
§ 3251

Subchapter 4.

Section
§ 3200

General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 1.

Religious Program . . . . . . . . . . . . . . . . . . . . . . . . . 98

Section
§ 3216

§ 3236
§ 3237

Section
§ 3240
§ 3240.1
§ 3240.2
§ 3241

Inmate Privileges . . . . . . . . . . . . . . . . . . . . . . . . . 98

Article 1.5.

§ 3235

92
93
93
93

Article 10.

Section
§ 3210
§ 3211
§ 3212
§ 3213

§ 3220.1

Establishment of Religious Programs . . . . .
Inmate Ministers. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scheduled Services . . . . . . . . . . . . . . . . . . . . . . . . . .
Stipulations Regarding Religious
Artifacts, Sanctuaries, and Sacramental
Wine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

98

Article 1.

98
99
99

Section
§ 3260
§ 3260.1
§ 3261
§ 3261.1
§ 3261.2
§ 3261.3
§ 3261.4
§ 3261.5

99

Inmate Marriages . . . . . . . . . . . . . . . . . . . . . . . . 99
Marriages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

3

T of C

Recreational and Physical Education
Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Recreational and Physical Education
Program Participation . . . . . . . . . . . . . . . . . . . .
Recreation and Physical Education
Program Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Academic Standards. . . . . . . . . . . . . . . . . . . . . . . . .
Conservation Camp Programs. . . . . . . . . . . . . .
Movies/Videos for Inmate Viewing. . . . . . . .
State-Owned Television Sets . . . . . . . . . . . . . . .
Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Physical Fitness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unauthorized Activity . . . . . . . . . . . . . . . . . . . . . . .

99
100
100
100
100
101
101
101
101

Inmate Councils, Committees, and
Activity Groups . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Establishment of Inmate Advisory
Councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Inmate Committees. . . . . . . . . . . . . . . . .
Inmate Participation in Committees . . . . . . .
Inmate Leisure Time Activity Groups . . . . .
Establishment of Inmate Leisure Time
Activity Groups . . . . . . . . . . . . . . . . . . . . . . . . . . .
Termination of an Inmate Leisure Time
Activity Group . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attendance at Group Activities . . . . . . . . . . . .
Inmate Membership in Outside
Organizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

101
102
102
102
102
103
103
103

Inmate Fund Raising Campaigns
and the Inmate Welfare Fund . . . . . . . 103
Inmate Fund-Raising Campaigns . . . . . . . . . .
Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Welfare Fund Processing Fees. . . . .
Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103
103
104
104

Institution Publications . . . . . . . . . . . . . . . . . . . 104
Inmate Publications . . . . . . . . . . . . . . . . . . . . . . . . .
Material Prohibited from Inmate
Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Publication Disclaimer and
Editing Authority . . . . . . . . . . . . . . . . . . . . . . . . .
Resolution of Inmate Publication Editing
Disagreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Termination of an Inmate Publication . . . . .
Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104
104
104
104
104
104

GENERAL INSTITUTION
REGULATIONS . . . . . . . . . . . . . . . . . . . . . . 104
Public Information and Community
Relations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Public Access to Facilities and Programs .
Public Records Duplication Services . . . . . .
Moviemakers, Broadcasters, Writers . . . . . .
Media Access to Facilities. . . . . . . . . . . . . . . . . .
Authorized Release of Information . . . . . . . .
Notifying Media of Escapes. . . . . . . . . . . . . . . .
Media Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Routine Media Interviews . . . . . . . . . . . . . . . . . .

104
105
105
105
105
106
106
106

T of C
Section
§ 3261.6
§ 3261.7
§ 3262
§ 3263
§ 3264
§ 3265
§ 3266
§ 3267

Article 1.5.
Section
§ 3268
§ 3268.1
§ 3268.2

Article 1.6.

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Article 5.
Seriously or Terminally Ill Inmate Media
Interviews. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cameras and Other Audio or Visual
Recording Devices. . . . . . . . . . . . . . . . . . . . . . . .
Public Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Group Visits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employee Guests . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arts and Crafts Exhibits . . . . . . . . . . . . . . . . . . . .
Inmate Contacts with the Public . . . . . . . . . . .
Access of Public Officials to Facilities. . . .

107
107
108
108
108
108
108
108

Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

Article 3.
Section
§ 3295
§ 3296
§ 3297

§ 3319
§ 3320
§ 3320.1
§ 3321
§ 3322
§ 3323
§ 3324

Inmate Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

Article 2.

§ 3292
§ 3293
§ 3294.1
§ 3294.5

§ 3318

Use of Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Reporting and Investigating the Use of
Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Use of Restraints . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

Inmate Housing Assignments . . . . . . . . . . . . . . 110
Integrated Housing . . . . . . . . . . . . . . . . . . . . . . . . . . 111

§ 3291

§ 3314
§ 3315
§ 3316
§ 3317

Use of Force and Restraining
Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108

Section
§ 3269
§ 3269.1
Section
§ 3270
§ 3270.1
§ 3271
§ 3272
§ 3273
§ 3274
§ 3275
§ 3276
§ 3277
§ 3278
§ 3279
§ 3280
§ 3281
§ 3282
§ 3283
§ 3284
§ 3285
§ 3286
§ 3287
§ 3288
§ 3289
§ 3290

Section
§ 3310
§ 3311
§ 3312
§ 3313

§ 3325
§ 3326

Article 5.5.
General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lethal Electrified Fences . . . . . . . . . . . . . . . . . . .
Responsibility of Employees . . . . . . . . . . . . . . .
Custody Classification . . . . . . . . . . . . . . . . . . . . . .
Acceptance and Surrender of Custody . . . .
Inmate Count and Movement . . . . . . . . . . . . . .
Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Use of Tear Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Control of Inmates and Parolees . . . . . . . . . . .
Use of Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mechanical Restraint . . . . . . . . . . . . . . . . . . . . . . . .
Corporal Punishment . . . . . . . . . . . . . . . . . . . . . . . .
Use of Telephones by Inmates . . . . . . . . . . . . .
Unauthorized Persons . . . . . . . . . . . . . . . . . . . . . . .
Unattended Vehicles. . . . . . . . . . . . . . . . . . . . . . . . .
Association with Inmates . . . . . . . . . . . . . . . . . . .
Controlling and Reporting Fights . . . . . . . . . .
Cell, Property and Body Inspections . . . . . .
Notice to Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Methods for Testing of Controlled
Substances or for Use of Alcohol. . . . . . .
Employee Law Enforcement and Peace
Officer Personnel . . . . . . . . . . . . . . . . . . . . . . . . .
Arrest and Detention . . . . . . . . . . . . . . . . . . . . . . . .
Polygraph Examinations . . . . . . . . . . . . . . . . . . . .
Inmate Operation of a Motor Vehicle . . . . .
Inmate Name Change . . . . . . . . . . . . . . . . . . . . . . .

112
112
112
112
112
112
113
113
114
114
114
114
114
114
116
116
116
116
116
117
117

Section
§ 3327
§ 3328
§ 3329

Article 6.
Section
§ 3330
§ 3331
§ 3332
§ 3333

Article 6.5.
Section
§ 3334

Article 7.
Section
§ 3335
§ 3336
§ 3337
§ 3338
§ 3339

117
118
119
119
119
119

§ 3340
§ 3341
§ 3341.5
§ 3342
§ 3343
§ 3344
§ 3345

Escapes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Duty of Employees to Prevent Escapes . . . 120
Escape Pursuit Plan . . . . . . . . . . . . . . . . . . . . . . . . . 120
Air Space Management . . . . . . . . . . . . . . . . . . . . . 120

Article 4.

Disorders and Emergencies . . . . . . . . . . . . . 120

Section
§ 3300
§ 3301
§ 3302
§ 3303
§ 3304

Prevention of Disorders. . . . . . . . . . . . . . . . . . . . .
Disturbance Control Plan . . . . . . . . . . . . . . . . . . .
Emergency Preparedness Plan. . . . . . . . . . . . . .
Safety and Security. . . . . . . . . . . . . . . . . . . . . . . . . .
Hostages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7.5.
Section
§ 3349

Article 8.

120
120
120
121
123

Section
§ 3350
§ 3350.1

4

TITLE 15

Inmate Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reporting Rule Violations . . . . . . . . . . . . . . . . . .
Disciplinary Methods . . . . . . . . . . . . . . . . . . . . . . .
Classification of Rules Violation Report
and Notice of Pending Charges . . . . . . . . .
Administrative Rule Violations . . . . . . . . . . . .
Serious Rule Violations . . . . . . . . . . . . . . . . . . . . .
Referral for Criminal Prosecution . . . . . . . . .
Mental Health Evaluations for
Disciplinary Hearings . . . . . . . . . . . . . . . . . . . .
Assistance to Inmates for Serious Rule
Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigative Employees . . . . . . . . . . . . . . . . . . . .
Hearing Procedures and Time
Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hearings for Transferred Inmates . . . . . . . . . .
Confidential Material. . . . . . . . . . . . . . . . . . . . . . . .
Length of Confinement . . . . . . . . . . . . . . . . . . . . .
Disciplinary Credit Forfeiture Schedule. . .
Conduct Reportable to the Releasing
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal of Disciplinary Actions . . . . . . . . . . . .
Records of Disciplinary Matters . . . . . . . . . . .

123
123
123
128
128
129
133
133
134
134
134
136
136
137
137
139
139
139

Restoration of Forfeited Worktime
Credits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Restoration of Forfeited Credits . . . . . . . . . . . 140
Disciplinary-Free Periods . . . . . . . . . . . . . . . . . . . 141
Extraordinary Circumstances . . . . . . . . . . . . . . . 141

Disciplinary Detention . . . . . . . . . . . . . . . . . . . . 142
Disciplinary Detention . . . . . . . . . . . . . . . . . . . . . .
Conditions of Detention . . . . . . . . . . . . . . . . . . . .
Administration and Supervision of
Detention Units . . . . . . . . . . . . . . . . . . . . . . . . . . .
Confinement to Quarters. . . . . . . . . . . . . . . . . . . .

142
142
143
144

Behavior Management Unit . . . . . . . . . . . 144
Behavior Management Unit . . . . . . . . . . . . . . . . 144

Segregation Housing . . . . . . . . . . . . . . . . . . . . . . 146
Administrative Segregation . . . . . . . . . . . . . . . . .
Segregation Order . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review of Segregation Order . . . . . . . . . . . . . .
Hearing on Segregated Housing Order. . . .
Release from Administrative Segregation
and Retention in Administrative
Segregation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Segregated Program Housing Units . . . . . . .
Case Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conditions of Segregated Housing . . . . . . . .
Administrative Segregation Records. . . . . . .
Officer in Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . .

146
147
147
147
148
149
149
149
156
156
156
156

Execution of Death Penalty . . . . . . . . . . 157
Method of Execution. . . . . . . . . . . . . . . . . . . . . . . . 157

Medical and Dental Services . . . . . . . . . . . 161
Provision of Medical Care and
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Medical and Dental Treatment/Service
Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161

TITLE 15
Section
§ 3350.2
§ 3351
§ 3352
§ 3352.1
§ 3352.2
§ 3353
§ 3353.1
§ 3354
§ 3354.1
§ 3354.2
§ 3355
§ 3355.1
§ 3355.2
§ 3356
§ 3357
§ 3358
§ 3359

Article 9.
Section
§ 3360
§ 3361
§ 3362
§ 3363
§ 3364
§ 3365
§ 3366
§ 3367
§ 3368
§ 3369
§ 3369.1

Article 9.1.
Section
§ 3369.5

Article 9.5.
Section
§ 3370
§ 3370.5
§ 3371.1
§ 3371.2

Article 10.
Section
§ 3375
§ 3375.1
§ 3375.2
§ 3375.3
§ 3375.4
§ 3375.5
§ 3376
§ 3376.1
§ 3377
§ 3377.1
§ 3377.2
§ 3378
§ 3378.1

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Off-Site Health Care Treatment . . . . . . . . . . . .
Inmate Refusal of Treatment . . . . . . . . . . . . . . .
Medical Authorization Review
Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Care Review Committee . . . . . . . . . . .
Dental Authorization Review Committee .
Informed Consent Requirement . . . . . . . . . . . .
Capacity for Informed Consent . . . . . . . . . . . .
Health Care Responsibilities and
Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Elective Surgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Copayment for Health Care
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health Care Examinations . . . . . . . . . . . . . . . . . .
Dental Examinations . . . . . . . . . . . . . . . . . . . . . . . .
Treatment for Pregnant Inmates. . . . . . . . . . . .
Health Care Treatment for Parolees . . . . . . .
Inmate Deaths. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Artificial Appliances . . . . . . . . . . . . . . . . . . . . . . . .
Donation and Sale of Blood. . . . . . . . . . . . . . . .

Section
§ 3378.2
§ 3379

162
162
163
163
163
163
164

Subchapter 5.
Article 1.

164
165
165
166
166
167
167
168
168
169

Availability of Mental Health Services. . . .
Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Availability of Treatment . . . . . . . . . . . . . . . . . . .
Right to Refuse Treatment. . . . . . . . . . . . . . . . . .
Involuntary Medication . . . . . . . . . . . . . . . . . . . . .
Suicide Prevention and Response. . . . . . . . . .
Mental Health Advisory Board. . . . . . . . . . . . .
Psychosurgery. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Aversive Therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Shock Therapy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate/Parolee Placements in Department
of Mental Health Hospitals . . . . . . . . . . . . . .

169
169
169
169
170
170
171
171
171
171
172

Article 2.

Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

§ 3405

Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172

§ 3406

Case Records File and Unit Health
Records Material—Access and
Release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Detainers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Computation of Time and Preprison
Credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Credits for Escapee or Parole Violator . . . .

§ 3407
§ 3408
§ 3409
§ 3410
§ 3411

173
173

§ 3412
§ 3413
§ 3413.1
§ 3414
§ 3415
§ 3416

173
174

Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Classification Process . . . . . . . . . . . . . . . . . . . . . . .
Inmate Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Administrative Determinants . . . . . . . . . . . . . . .
CDC Classification Score Sheet, CDC
Form 839, Calculation . . . . . . . . . . . . . . . . . . .
CDC Reclassification Score Sheet, CDC
Form 840, Calculation . . . . . . . . . . . . . . . . . . .
CDC Readmission Score Sheet, CDC
Form 841, Calculation . . . . . . . . . . . . . . . . . . .
Classification Committees . . . . . . . . . . . . . . . . . .
Departmental Review Board . . . . . . . . . . . . . . .
Facility Security Levels. . . . . . . . . . . . . . . . . . . . .
Inmate Custody Designations . . . . . . . . . . . . . .
Criteria for Assignment of Close
Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Documentation of Critical Case
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Debriefing Process . . . . . . . . . . . . . . . . . . . . . . . . . .

174
176
177
178
183
186
189
190
190
191
193
196
203

5

PERSONNEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
Wardens, Superintendents, Parole
Region Administrators . . . . . . . . . . . . . . . . 209
Chief Executive Officer. . . . . . . . . . . . . . . . . . . . .
Absence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incident Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State of Emergency. . . . . . . . . . . . . . . . . . . . . . . . . .
Administrative Visitation . . . . . . . . . . . . . . . . . . .

Research of Inmates/Parolees . . . . . . . . 172
Case Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

Advisement of Rights During Debriefing. 203
Inmate Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203

Section
§ 3380
§ 3381
§ 3382
§ 3383
§ 3384
Section
§ 3390
§ 3391
§ 3392
§ 3393
§ 3394
§ 3395
§ 3396
§ 3397
§ 3398
§ 3399
§ 3400
§ 3401
§ 3401.5
§ 3402
§ 3403
§ 3404
§ 3404.1

Mental Health Services . . . . . . . . . . . . . . . . . . . 169

T of C

Background Investigations. . . . . . . . . . . . . . . . . .
Employee Conduct . . . . . . . . . . . . . . . . . . . . . . . . . .
Punctuality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Uniforms, Badges, and Insignia. . . . . . . . . . . .
Distractions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Alertness. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address and Telephone . . . . . . . . . . . . . . . . . . . . .
Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Visiting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Familiarity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employee and Inmate/Parolee Relations . .
Employee Sexual Misconduct . . . . . . . . . . . . . .
Central File. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Communications . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hiring of Ex-Offenders . . . . . . . . . . . . . . . . . . . . .
Approval of Ex-Offender Employee
Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Legal Assistance to Inmates and
Parolees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Committed Relatives and Friends of
Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State Supplies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gratuities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Intoxicants and Drugs . . . . . . . . . . . . . . . . . . . . . . .
Reporting of Arrest or Conviction,
Change in Weapons or Driving Status. .
Personal Firearms. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Incompatible Activity . . . . . . . . . . . . . . . . . . . . . . .
Compensation for Witnesses . . . . . . . . . . . . . .
Identification Card. . . . . . . . . . . . . . . . . . . . . . . . . . .
Employees of Other Agencies. . . . . . . . . . . . . .
Conflict of Interest Code . . . . . . . . . . . . . . . . . . .

209
209
209
209
209

210
210
210
210
211
211
211
211
211
211
211
211
211
212
212
212
212
212
213
213
213
213
213
213
213
213
214
214
215
215

Article 3.

Employee Services . . . . . . . . . . . . . . . . . . . . . . . . . 215

Section
§ 3420
§ 3421
§ 3422
§ 3423
§ 3424
§ 3425
§ 3426

General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employee Associations. . . . . . . . . . . . . . . . . . . . . .
Institution Services . . . . . . . . . . . . . . . . . . . . . . . . . .
Operational Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . .
State Products. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gifts, Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employee Early Intervention Program . . . .

Article 4.

General Personnel Regulations . . . . . . . . 217

Section
§ 3430
§ 3431
§ 3432
§ 3433
§ 3434

General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hours of Employment . . . . . . . . . . . . . . . . . . . . . .
Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grievances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

215
215
215
215
215
215
215

217
217
217
217
217

T of C
Section
§ 3435
§ 3436
§ 3439

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Article 5.

Camp Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . 217

Section
§ 3440
§ 3441
§ 3442
§ 3443
§ 3444

Officer-In-Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Camp Counts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Camp Log . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transporting Inmates . . . . . . . . . . . . . . . . . . . . . . . .
Escorting Inmates. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 6.

Information Practices . . . . . . . . . . . . . . . . . . . . . 218

Section
§ 3450
§ 3451
§ 3452
§ 3453

Article 7.
Section
§ 3454
§ 3455
§ 3456
§ 3457
§ 3458
§ 3459
§ 3460
§ 3461
§ 3462
§ 3463
§ 3464

Article 8.
Section
§ 3475
§ 3476
§ 3477
§ 3478
§ 3479

Article 9.
Section
§ 3480
§ 3480.1
§ 3481
§ 3482
§ 3483
§ 3484
§ 3485
§ 3486

Section
§ 3503
§ 3504
§ 3505
§ 3506
§ 3507
§ 3508
§ 3509
§ 3510
§ 3511

In-Service Training . . . . . . . . . . . . . . . . . . . . . . . . . . 217
Limited Term Light Duty Assignments . . . 217
Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217

Personal Information Record Access and
Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Methadone Patient Consent for
Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Access and Amendment of Records . . . . . . .
Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

217
217
217
217
217

Article 2.
Section
§ 3520

§ 3521.3
§ 3521.4
§ 3521.5
§ 3521.6
§ 3522
§ 3523
§ 3524
§ 3525
§ 3526

Section
§ 3540
220
§ 3541
220
221
221

§ 3542

221

§ 3543

Joint Venture Program . . . . . . . . . . . . . . . . . . . . 221
Joint Venture Program . . . . . . . . . . . . . . . . . . . . . .
Joint Venture Policy Advisory Board. . . . . .
Joint Venture Employer Selection
Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Joint Venture Program Contracts. . . . . . . . . . .
Joint Venture Lease. . . . . . . . . . . . . . . . . . . . . . . . . .
Monitoring Comparable Wages and Wage
Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inmate Joint Venture Program
Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 3544

221
222

§ 3545

222
222
223

§ 3546
§ 3547

223

§ 3548
§ 3549

224
225

Article 4.

Subchapter 6. ADULT PAROLE . . . . . . . . . . . . . . . . . . . . . . . . 225
Article 1. Parole Supervision . . . . . . . . . . . . . . . . . . . . . . . . . 225
Section
§ 3500
§ 3501
§ 3502

Electronic Monitoring [Reserved] . . . . 227

Selection of Professional Consulting
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218

Disabled Veteran Business Enterprise
Goal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disabled Veteran Business Enterprise Bid
and Sole Source Requirements . . . . . . . . . .
Certification of a Disabled Veteran
Business Enterprise . . . . . . . . . . . . . . . . . . . . . . .
Good Faith Effort Documentation . . . . . . . . .
Monitoring Disabled Veteran Business
Enterprise Goals . . . . . . . . . . . . . . . . . . . . . . . . . .

Section
§ 3560

General Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . 225
Prerelease Referral . . . . . . . . . . . . . . . . . . . . . . . . . . 225

§ 3561

6

Preventing Parolee Crime Program
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226

Article 3.

§ 3521.1
§ 3521.2

Disabled Veteran Business
Enterprise Program . . . . . . . . . . . . . . . . . . . . . 220

225
225
226
226
226
226
226
226
226

§ 3527

§ 3521

218
218
218
219
219
219
219
219
219
219
220

Assignment to Parole Agent. [Reserved] .
Parole Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preventing Parolee Crime Program
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preventing Parolee Crime Program
Components [Reserved] . . . . . . . . . . . . . . . . .
Parolee Service Centers [Reserved] . . . . . .
Residential Multi-Service Centers.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Day Reporting Centers. [Reserved] . . . . . . .
Computerized Literacy Learning
Program. [Reserved] . . . . . . . . . . . . . . . . . . . . .
Drug Treatment Networks. [Reserved] . . .
Job Placement Networks. [Reserved] . . . . .
Preventing Parolee Crime Program
Placement. [Reserved] . . . . . . . . . . . . . . . . . . .
Procedures for Placing Parolees in a
Preventing Parolee Crime Program.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exclusionary Criteria. [Reserved] . . . . . . . . .
Eligibility Criteria. [Reserved] . . . . . . . . . . . .
Status While Programming at a
Preventing Parolee Crime Program
Facility. [Reserved] . . . . . . . . . . . . . . . . . . . . . .
Evaluation. [Reserved] . . . . . . . . . . . . . . . . . . . . .

218
218
218
218

Selection of Professional Consulting
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procuring Services. . . . . . . . . . . . . . . . . . . . . . . . . . .
Establish Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Selection of Architects or Engineers . . . . . .
Estimate of Value of Services . . . . . . . . . . . . . .
Negotiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contracting in Phases . . . . . . . . . . . . . . . . . . . . . . .
Small Business Participants . . . . . . . . . . . . . . . .
Applicability of this Article . . . . . . . . . . . . . . . .

TITLE 15

Continuous Electronic Monitoring.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Required Attributes of Continuous
Electronic Monitoring Devices.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notification of Actual or Suspected
Parole Violations by System.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Safety Standards for Minimum
Time Between Transmission and
Accuracy of Information. [Reserved] . .
Prohibitions Against Unauthorized
Access To and Use of Continuous
Electronic Monitoring. [Reserved] . . . . .
Persons to Participate in Continuous
Electronic Monitoring. [Reserved] . . . . .
Revocation of Continuous Monitoring.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Noncompliance with Rules or
Conditions. [Reserved] . . . . . . . . . . . . . . . . . .
Costs of Supervision. [Reserved] . . . . . . . . .
Written Contracts for Continuous
Electronic Monitoring. [Reserved] . . . . .

226
226
226
226
226
226
226
226
226
226
226
226
227
227

227
227
227
227
227
227
227
227
227
227

Global Positioning System Program
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Global Positioning System Program
Establishment. [Reserved] . . . . . . . . . . . . . . 227
Global Positioning System High Risk
Sex Offenders. [Reserved] . . . . . . . . . . . . . . 227

TITLE 15
Section
§ 3562
§ 3563
§ 3564

Article 5.
Section
§ 3570
§ 3571

Article 6.
Section
§ 3580
§ 3581
§ 3582

Article 7.
Section
§ 3600
§ 3604

Article 8.
Section
§ 3605
§ 3605.5

Article 9.
Section
§ 3610

Article 10.
Section
§ 3620
§ 3625

Article 11.
Section
§ 3630

Article 12.
Section
§ 3640

Article 13.
Section
§ 3650
§ 3651
§ 3652
§ 3653
§ 3654

Article 14.
Section
§ 3700
§ 3701
§ 3702

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Section
§ 3703

Global Positioning System Gang.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Global Positioning System For Life.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Transitioning Sex Offenders To Local
Law Enforcement Monitoring.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

§ 3704
§ 3705
§ 3706
§ 3707

Sex Offenders [Reserved] . . . . . . . . . . . . . . . 227
Article 15.

Assessments. [Reserved] . . . . . . . . . . . . . . . . . . . 227
Residence Restrictions. [Reserved] . . . . . . . 227

Section
§ 3720
§ 3721
§ 3721.1

High Risk Sex Offenders
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Definitions. [Reserved] . . . . . . . . . . . . . . . . . . . . . 227
Assessments. [Reserved] . . . . . . . . . . . . . . . . . . . 227
Residence Restrictions. [Reserved] . . . . . . . 227

§ 3722
§ 3723

Parole Searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

Article 16.
Section
§ 3730

Searches of Parolees . . . . . . . . . . . . . . . . . . . . . . . . 227
Prerelease Referral . . . . . . . . . . . . . . . . . . . . . . . . . . 227

Article 17.

Cash Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

Section
§ 3740

Cash Assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Release from Revocation or Limited
Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

Article 18.

Parole Outpatient Clinic . . . . . . . . . . . . . . . . . . 228
Parole Outpatient Clinic Services. . . . . . . . . . 228

Section
§ 3750

Civil Addicts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

§ 3751

Special Requirements of Civil Addict
Release or Parole . . . . . . . . . . . . . . . . . . . . . . . . . 228
Civil Addict Program Exclusion . . . . . . . . . . . 228

§ 3752
§ 3753
§ 3754
§ 3755
§ 3756

Illegal Aliens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
Limitations of Parole Services . . . . . . . . . . . . . 229

Article 19.

Parolee Field Files . . . . . . . . . . . . . . . . . . . . . . . . 229

Section
§ 3760
§ 3761
§ 3762

Parolee Field Files. . . . . . . . . . . . . . . . . . . . . . . . . . . 229

Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
Registration Notification . . . . . . . . . . . . . . . . . . . .
Penal Code Section 186.30 Registrants
(Gang Offenders) . . . . . . . . . . . . . . . . . . . . . . . . .
Penal Code Section 290 Registrants (Sex
Offenders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penal Code Section 457.1 Registrants
(Arson Offenders) . . . . . . . . . . . . . . . . . . . . . . . .
Health and Safety Code 11590
Registrants (Drug Offenders) . . . . . . . . . . . .

230
230
230

§ 3763
§ 3764
§ 3765

231

§ 3766

232

Article 20.

Hormonal Chemical Treatment for
Sex Offenders [Reserved] . . . . . . . . . . 232

Section
§ 3770
§ 3771
§ 3772

Medroxyprogesterone Acetate Treatment
Program. [Reserved] . . . . . . . . . . . . . . . . . . . . . 232
Medroxyprogesterone Acetate Treatment
Advisory Board. [Reserved] . . . . . . . . . . . . 232
First Conviction of a Qualifying Offense.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232

§ 3801
§ 3802
§ 3815

7

T of C

Second Conviction of a Qualifying
Offense. [Reserved] . . . . . . . . . . . . . . . . . . . . . .
Qualifying Offenses. [Reserved] . . . . . . . . . .
Beginning Treatment. [Reserved] . . . . . . . . .
Alternative to Medroxyprogesterone
Acetate Treatment. [Reserved] . . . . . . . . .
Administration of Medroxyprogesterone
Acetate Treatment Program.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

232
232
232
232

232

Discharge [Reserved] . . . . . . . . . . . . . . . . . . . . 232
Discharge Reviews. [Reserved] . . . . . . . . . . .
Discharge Review Reports. [Reserved] . .
Documenting the Discharge Review.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annual Discharge Review Reports.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parolee Rights. [Reserved] . . . . . . . . . . . . . . . .

232
232
232
232
232

Restitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Restitution Obligations. . . . . . . . . . . . . . . . . . . . . . 232

Revocation or Limited Placement
Releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
Release from Revocation or Limited
Placement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232

Parole Holds [Reserved] . . . . . . . . . . . . . . . 233
Authority to Place a Parole Hold.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criteria for Placement of a Parole Hold.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Factors to be Considered. [Reserved] . . . .
Review of a Parole Hold. [Reserved] . . . .
Reasons for a Parole Hold. [Reserved] . . .
Transfer to Prison. [Reserved] . . . . . . . . . . . .
Length of a Parole Hold. [Reserved] . . . . .

233
233
233
233
233
233
233

Parole Violations and Reports
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
General. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . .
Reportable Information. [Reserved] . . . . . .
Reportable Information for Sex
Offenders Undergoing Chemical
Treatment. [Reserved] . . . . . . . . . . . . . . . . . . .
Investigation. [Reserved] . . . . . . . . . . . . . . . . . .
Parole Violation Report. [Reserved] . . . . . .
Supplemental Parole Violation Reports.
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recommendations. [Reserved] . . . . . . . . . . . .

233
233
233
233
233
233
233

Revocation Proceedings
[Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
General. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . .
Revocation Period. [Reserved] . . . . . . . . . . . .
Division of Adult Parole Operations
Review. [Reserved] . . . . . . . . . . . . . . . . . . . . . .
Special Requirements of Civil Addict
Release or Parole . . . . . . . . . . . . . . . . . . . . . . . . .
Civil Addict Program Exclusion . . . . . . . . . . .
Limitations of Parole Services . . . . . . . . . . . . .

233
233
233
233
233
233

T of C

Subchapter 7.
Article 1.
Section
§ 3901.1.1
§ 3901.1.2

Article 2.
Section
§ 3901.3.1

Article 3.
Section
§ 3901.5.1
§ 3901.5.2
§ 3901.5.3
§ 3901.5.4
§ 3901.5.5
§ 3901.5.6

Article 4.
Section
§ 3901.7.1
§ 3901.7.2
§ 3901.7.3
§ 3901.7.4

Article 5.
Section
§ 3901.9.1
§ 3901.9.2
§ 3901.9.3
§ 3901.9.4
§ 3901.9.5
§ 3901.9.6

Article 6.
Section
§ 3901.11.1

Article 7.
Section
§ 3901.13.1
§ 3901.13.2
§ 3901.13.3

DEPARTMENT OF CORRECTIONS AND REHABILITATION

PAROLE HEARINGS
DIVISION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Public Attendance at Parole
Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233

Article 8.

§ 3901.15.3
§ 3901.15.4
§ 3901.15.5

Article 9.

Effective Date and Review of Parole
Hearing Panel Decisions. [Repealed] . . 233

§ 3901.17.2
233

§ 3901.17.3
§ 3901.17.4
§ 3901.17.5
§ 3901.17.6
§ 3901.17.7

233
234

Article 10.

234

Section
§ 3901.19.1
§ 3901.19.2
§ 3901.19.3

234
234

Multijurisdiction Regulations . . . . . . . . . . 234

§ 3901.19.4
§ 3901.19.5
§ 3901.19.6

234

Article 11.

234

Section
§ 3901.21.1

234
234

§ 3901.21.2
§ 3901.21.3

Length and Conditions of Parole . . . . . . 234
Department Responsibilities. [Repealed] .
Notice of Parole. [Repealed] . . . . . . . . . . . . . .
General Conditions of Parole.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Conditions of Parole.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver of Parole. [Repealed] . . . . . . . . . . . . . .
Length of Parole. [Repealed] . . . . . . . . . . . . . .

§ 3901.21.4
§ 3901.21.5

234
234
234

§ 3901.21.6

234
234
235

§ 3901.21.7

Reconsideration of Length and/or
Conditions of Parole . . . . . . . . . . . . . . . . . . . 235

§ 3901.21.8
§ 3901.21.9
§ 3901.21.10

Filing for Reconsideration of Length
and/or Conditions of Parole.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

§ 3901.21.11
§ 3901.21.12

Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235

§ 3901.21.13

Discharge Review. [Repealed] . . . . . . . . . . . . 235
Early Discharge. [Repealed] . . . . . . . . . . . . . . . 235
Statutory Discharge. [Repealed] . . . . . . . . . . . 235

§ 3901.21.14
§ 3901.21.15

8

235
235
235
235
235

Parole Hold Policy . . . . . . . . . . . . . . . . . . . . . . . . . 235

Section
§ 3901.17.1

Parole Hearings Division Appeals . . . . 233

Application of Regulations to
Multijurisdiction Prisoners and
Parolees. [Repealed] . . . . . . . . . . . . . . . . . . . . .
Determination of Multijurisdiction Status.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeals for Multijurisdiction Prisoners
and Parolees. [Repealed] . . . . . . . . . . . . . . . .
Appeals Coordinator Designation.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions of Multijurisdiction Parole.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reconsideration of Multijurisdiction
Length and Conditions of Parole.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Filing the Request for Multijurisdiction
Reconsideration. [Repealed] . . . . . . . . . . . .
Submitting Multijurisdiction
Reconsideration Request. [Repealed] . .
Right to Multijurisdiction Appeal.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

§ 3901.15.2

Parole Hearing Panel Decisions . . . . . . . 233

Parole Hearing Appeal Procedures.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Grounds for Parole Hearing
Appeals. [Repealed] . . . . . . . . . . . . . . . . . . . . .
Filing a Parole Hearing Appeal.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parole Hearings Division Appeals Unit
Decisions. [Repealed] . . . . . . . . . . . . . . . . . . .
Attorney Determination Appeals.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expedited Parole Hearing Division
Appeals. [Repealed] . . . . . . . . . . . . . . . . . . . . .

Multijurisdictional Regulations . . . . . . . . 235

Section
§ 3901.15.1

Visitors and Observers at Parole
Hearings. [Repealed] . . . . . . . . . . . . . . . . . . . . 233
Media Representatives Attendance at
Parole Hearings. [Repealed] . . . . . . . . . . . . 233

TITLE 15

Authority to Place Parole Hold.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criteria for Placement of Parole Hold.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parole Hold Considerations. [Repealed] .
Review of a Parole Hold. [Repealed] . . . .
Reasons for Parole Hold. [Repealed] . . . . .
Return to Prison. [Repealed] . . . . . . . . . . . . . .
Length of Parole Hold. [Repealed] . . . . . . .

235
235
236
236
236
236
236

Parole Violations and Reports . . . . . . . . 236
Parole Violation Authority. [Repealed] . . .
Behavior to Be Reported. [Repealed] . . . .
Investigation of Parole Violations.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parole Violation Report. [Repealed] . . . . . .
Supplemental Parole Violation Reports.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parole Violation Recommendations.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

236
236
236
236
236
236

Revocation Proceedings . . . . . . . . . . . . . . . . 236
Location of Revocation Hearings.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation Period. [Repealed] . . . . . . . . . . . .
Parole and Community Services Division
Review. [Repealed] . . . . . . . . . . . . . . . . . . . . . .
Central Office Calendar. [Repealed] . . . . . .
Parole and Community Services Division
Regional Hearing Coordinator
Notification. [Repealed] . . . . . . . . . . . . . . . . .
Central Office Hearing Coordinator
Notification. [Repealed] . . . . . . . . . . . . . . . . .
Revocation Process Time Limits.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver of Hearing. [Repealed] . . . . . . . . . . . .
Prehearing Procedures. [Repealed] . . . . . . .
Parolee Rights and Responsibilities at
Revocation and Revocation
Extension Hearings. [Repealed] . . . . . .
Prerevocation Proceedings. [Repealed] . . .
Revocation Hearing Procedures.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parole Revocation Hearing Disposition.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Time in Custody. [Repealed] . . . . . . . . . . . . . .
Time in Custody for Psychiatric
Treatment. [Repealed] . . . . . . . . . . . . . . . . . . .

236
236
237
237
237
237
237
237
237
237
237
237
237
237
237

TITLE 15
Section
§ 3901.21.16
§ 3901.21.17

Article 12.
Section
§ 3901.23.1
§ 3901.23.2
§ 3901.23.3
§ 3901.23.4

Article 13.
Section
§ 3901.25.1
§ 3901.25.2
§ 3901.25.3
§ 3901.25.4
§ 3901.25.5
§ 3901.25.6
§ 3901.25.7
§ 3901.25.8

Article 14.
Section
§ 3901.27.1
§ 3901.27.2
§ 3901.27.3
§ 3901.27.4
§ 3901.27.5

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Section
§ 3901.27.6

Disposition of Holds at Hearings.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Revoked Parolees with New
Commitments. [Repealed] . . . . . . . . . . . . . . 238

§ 3901.27.7
§ 3901.27.8

Revocation and Revocation
Extension Hearings Evidence . . . . . 238
Admissible Evidence in Revocation and
Revocation Extension Hearings.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Documentary Evidence in Revocation
and Revocation Extension Hearings.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Physical Evidence in Revocation and
Revocation Extension Hearings.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Witnesses in Revocation and Revocation
Extension Hearings. [Repealed] . . . . . . . .

§ 3901.27.9
§ 3901.27.10
§ 3901.27.11
§ 3901.27.12

238

Article 15.
Section
§ 3901.29.1
§ 3901.29.2

238
238

§ 3901.29.3

238

§ 3901.29.4
§ 3901.29.5

Subpoenas to Parole Revocation
and Revocation Extension
Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
Issuance of Subpoenas. [Repealed] . . . . . . .
Request for Subpoenas. [Repealed] . . . . . . .
Criteria for Issuance of Subpoenas.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Service of Subpoenas. [Repealed] . . . . . . . .
Witness Obligation to Comply with
Subpoenas. [Repealed] . . . . . . . . . . . . . . . . . .
Quashing of a Subpoena. [Repealed] . . . . .
Subpoena Authority. [Repealed] . . . . . . . . . .
Subpoena-Related Appeals. [Repealed] . .

Article 16.
Section
§ 3901.31.1
§ 3901.31.2
§ 3901.31.3

238
238
238
238

§ 3901.31.4

238
238
239
239

Article 17.
Section
§ 3901.33.1

Attorney Assistance at Hearings . . . . . 239
Attorney Assistance During Hearings.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Request for an Attorney. [Repealed] . . . . . .
Basic Test of Need for Attorney.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Presumption of Need for Attorney.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ability to Speak for Self. [Repealed] . . . .

§ 3901.33.2
§ 3901.33.3

239
239

Article 18.

239

Section
§ 3901.35.1
§ 3901.35.2

239
239

9

T of C

Preliminary and Final Hearings.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information Considered. [Repealed] . . . . . .
Decision for Attorney Assistance.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Indigent Prisoner or Parolee. [Repealed] .
Attorney Selection. [Repealed] . . . . . . . . . . . .
Hearing Panel Designation. [Repealed] . .
Attorney Assistance Appeals.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

239
239
239
239
239
240
240

Warrants of Arrest . . . . . . . . . . . . . . . . . . . . . . . . 240
Authority to Issue Warrants. [Repealed] .
Warrants Based on Parole and
Community Services Division
Request. [Repealed] . . . . . . . . . . . . . . . . . . . . .
Emergency Actions to Issue Warrants
(Off-Duty Hours). [Repealed] . . . . . . . . . .
Recall of Warrant. [Repealed] . . . . . . . . . . . . .
State and National Warrant Systems.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

240
240
240
240
240

Multijurisdiction Regulations . . . . . . . . . 240
Application of This Article. [Repealed] . .
Absconders from California. [Repealed] .
Multijurisdiction Parolees Who Abscond.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Revocation of Multijurisdictional
Parolees. [Repealed] . . . . . . . . . . . . . . . . . . . . .

240
240
240
240

Parole Revocation Extension
Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Parole Revocation Maximum Term.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
Release to Parole. [Repealed] . . . . . . . . . . . . . 241
Parole Violation Extension Procedures.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241

Worktime Credits . . . . . . . . . . . . . . . . . . . . . . . . . 241
Worktime Credits. [Repealed] . . . . . . . . . . . . . 241
Non-Eligibility for Worktime Credits.
[Repealed] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

DIVISION 3. ADULT INSTITUTIONS,
PROGRAMS AND PAROLE

California Agency Prisoner means a prisoner who has been
transferred from the custody of the department to the custody of
any other California agency or subdivision thereof.
California Concurrent Parolee means a person on parole for a
California sentence and a sentence of another jurisdiction who is
being supervised in a California community pursuant to the
Uniform Act for Out-of-State Parole Supervision (Penal Code
sections 11175–11179).
California Out-of-State Correctional Facility (COCF). The
COCF is a program through which male CDCR inmates are
transferred to out-of-state correctional facilities that have contracted with the CDCR to provide housing, security, health care
and rehabilitative programming services to CDCR inmates.
Case Conference means a documented conference between a
parole agent and his/her supervisor to discuss a parolee’s behavior.
Case records file means the file which contains the information
concerning an inmate which is compiled by the department
pursuant to Penal Code Section 2081.5 and includes such components as the central file, education file, visiting file and parole field
file.
Central File (C-File) means a master file maintained by the
department containing records regarding each person committed to
its jurisdiction.
Central Office Calendar means the calendar which is composed
of administrative hearing officers as designated by the deputy
director, parole hearings division. They are authorized to make
decisions regarding matters reported to the parole hearings division, including the decision to order a hearing scheduled.
Central Office Hearing Coordinator means the parole hearings
division employee at headquarters who is responsible for hearing
schedules, attorney appointments, and other hearing-related services.
Certification means that a business concern has obtained verification that it meets the definition of disabled veteran business
enterprise pursuant to Military and Veterans Code section 999(g)
from an agency that has been authorized by law to issue such
certification.
Chaplain means an individual duly designated by a religious
denomination to discharge specified religious duties, including a
native American Indian spiritual leader.
Child means a person under the age of 18 years.
Chronological History means a CDC Form 112 (Rev. 9/83),
Chronological History, prepared for each inmate, upon which
significant dates and commitment information affecting the inmate
are logged.
Classification and Parole Representative (C&PR) means the
department employee designated at each institution to be that
institution’s liaison with releasing boards and parole staff.
Collateral Contact means any communication between a Division of Adult Parole Operations staff and another person concerning a parolee.
Concurrent Parolee means a person on parole for a California
sentence and a sentence of another jurisdiction who is being
supervised in a state other than California pursuant to the Uniform
Act for Out-of-State Parole Supervision (Penal Code sections
11175–11179).
Conditions of Parole mean the specific conditions under which
a prisoner is released to parole supervision.
Confinement to Quarters (CTQ) means an authorized disciplinary hearing action whereby an inmate is restricted to their assigned
quarters for a period not to exceed five days for administrative rule
violations and ten days for serious rule violations.
Contraband means anything which is not permitted, in excess of
the maximum quantity permitted, or received or obtained from an
unauthorized source.
Control Service means the middle supervision category of a
person on parole.

CHAPTER 1. RULES AND
REGULATIONS OF ADULT
OPERATIONS AND PROGRAMS
HISTORY:
1. Change without regulatory effect repealing preface filed 10-29-90
pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 6).

Article 1.

§ 3000

Behavior

3000. Definitions.
The following are definitions of terms as used in these regulations:
Accessory means a person who, after a felony has been
committed, harbors, conceals or aids a principal in such felony,
with the intent that the principal may avoid punishment, and has
knowledge that said principal committed the felony.
Adverse Witness means a person who has given or will give
information against a prisoner or parolee. For the purpose of
conducting parole revocation hearings, adverse witness means a
person whose expected testimony supports the violation charged.
Appeal means a formal request for, or the act of requesting, an
official change of a decision, action, or policy.
Appeal Form means Inmate/Parolee Appeal Form, CDC Form
602 (Rev. 12/87).
Architectural and Engineering Services means those services
procured outside of the State’s Civil Service procedures and which
are rendered by an architect or engineer, but may include ancillary
services logically or justifiably performed in connection therewith.
Asylum State means the state other than California in which a
parolee-at-large is in custody.
Attempted Escape means an unsuccessful effort to breach a
secured perimeter or the use of force against a person to attempt
access into an unauthorized area. Some progress toward implementing an escape must be made to implement a plan. This
includes, but is not limited to the following overt acts: acquiring
unauthorized clothing or identification, preparing a hiding place in
an unauthorized area, lying in wait for a potential hostage,
attempting access to a perimeter that was unsupervised, unlawfully
obtaining tools to aid in an escape, manufacturing a likeness of a
person in order to substitute for the inmate’s presence, or receiving
assistance from other conspirators who acted upon an escape plan,
e.g. a plan to escape uncovered from verbal, telephone or mail
communication.
Behavior Management Unit is alternate general population
housing and programming which is designed to reduce inmates’
continuing involvement in disruptive behavior, violence, or noncompliance with CDCR rules and regulations, allowing nondisruptive inmates in the general population the opportunity to
program without continual interruption due to the behavior of a
smaller, more disruptive segment of the inmate population.
Board of Parole Hearings (Board) means the state agency which
is responsible for the administration of paroles for those persons
committed to the department under Penal Code section 1168 and
those committed under Penal Code section 1170 who also meet the
criteria found in Penal Code section 2962.
California Agency Parolee means a person released from department facility to parole supervision in a California community who
subsequently is within the custody of any California agency, or
subdivision thereof, except the department.

11

§ 3000

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

any), and advertisements of business opportunities aimed at
disabled veteran business enterprises; and (4) is readily available
within the geographical area for which the advertisement is placed
and for which the services are to be performed.
Disabled Veteran Business Enterprise focus paper and trade
paper means a publication that meets all of the criteria of a
disabled veteran business enterprise focus paper and all of the
criteria of a trade paper.
Disciplinary Detention means a temporary housing status which
confines inmates so assigned to designated rooms or cells for
prescribed periods of time as punishment for serious rule violations.
Disciplinary Free means without any finding of guilt of a
disciplinary infraction filed on a CDC Form 115, Rule Violation
Report, classified as either administrative or serious.
Disciplinary Free Period means the period that commences
immediately following the date and time an inmate is identified
(date of discovery of information leading to the charge) as
committing a rules violation classified as serious.
Disruptive Behavior means behavior which might disrupt orderly operations within the institutions, which could lead to
violence or disorder, or otherwise endangers facility, outside
community or another person as defined in sections 3004(b),
3005(a) and 3023(a).
Disruptive Group 1 means any gang, other than a prison gang.
Distribution means the sale or unlawful dispersing, by an inmate
or parolee, of any controlled substance; or the solicitation of or
conspiring with others in arranging for, the introduction of
controlled substances into any institution, camp, contract health
facility, or community correctional facility for the purpose of sales
or distribution.
District Administrator means the department’s administrator of a
Division of Adult Parole Operations unit, district, or geographical
area.
Drug paraphernalia means any device, contrivance, instrument,
or paraphernalia intended to be used for unlawfully injecting or
consuming into the human body a controlled substance as identified in Health and Safety Code section 11007.
Drugs means substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease, and as defined in
Health and Safety Code section 11014.
Effective communication means providing the inmate, to the
extent possible, the means to understand and participate in the
disciplinary process to the best of their ability. This may be
accomplished through reasonable accommodation or assignment
of a staff assistant. If the inmate’s Test of Adult Basic Education
(TABE) score is 4.0 or lower, employees are required to query the
inmate to determine whether or not assistance is needed to achieve
effective communication. The employee is required to document
on appropriate CDCR forms his/her determination of whether the
inmate appeared to understand, the basis for that determination and
how it was made. For contacts involving due process, employees
shall give priority to the inmate’s primary means of communication, which may include but is not limited to; auxiliary communication aids, sign language interpreter, and bilingual interpreter.
Escape History refers to any reliable information or inmate
self-admission in the central file to an escape, attempted escape,
walkaway, or plan to escape. The available information describing
the circumstances of the escape or attempted escape shall be
evaluated in determining the level of risk to correctional safety and
security posed by the inmate.
Examinee means a person who voluntarily takes a polygraph
examination.
Exceptional Circumstances means circumstances beyond the
control of the department or the inmate that prevent the inmate or
requested witnesses from participating in the disciplinary hearing
within established time limitations. Examples of this as applied to

Controlled Substance means any substance, drug, narcotic,
opiate, hallucinogen, depressant, or stimulant as defined by California Health and Safety Code section 11007. Also included are
prescribed medications containing any of the substances identified
in the H&SC section above.
Cooperative Parolee means a person on parole for a California
sentence who is under parole supervision in a state other than
California pursuant to the Uniform Act for Out-of-State Parole
Supervision (Penal Code sections 11175–11179).
Course of conduct means two or more acts over a period of time,
however short, evidencing a continuity of purpose.
Court Order means a custody determination decree, judgment,
or order issued by a court of competent jurisdiction, whether
permanent or temporary, initial or modified, that affects the
custody or visitation of a child, when issued in the context of a
custody proceeding. An order, once made, shall continue in effect
until it expires, is modified, is rescinded, or terminates by
operation of law.
Criminal Identification and Investigation (CI&I) Report means
the report defined by Penal Code section 11105, commonly
referred to as ‘‘Rap Sheet’’.
Cumulative Case Summary means the cumulative summary of
specific portions of the record maintained by the department
regarding each prisoner from reception to discharge.
Custody of the department means the inmate is in the physical
custody of the department. The inmate would be considered out of
the custody of the department when; out to court and housed in a
County or Federal facility, escaped and not returned to departmental custody, in a non-departmental mental health facility, and in a
medical facility under non-departmental supervision.
Dangerous contraband means materials or substances altered
from their original manufactured state or purpose and which could
be fashioned into a weapon. Examples would include, but not be
limited to, metal, plastic, wood, or wire. Also included are:
sharpened objects such as scissors or other tools not authorized to
be in the inmate’s possession, as well as poison, caustic substances, or flame producing devices i.e. matches or lighters.
Deadly weapon means any weapon identified in Penal Code
section 4502. Any item or substance not readily identified as a
weapon becomes a deadly weapon when used in a manner that
could reasonably result in serious bodily injury or death.
Department means the California Department of Corrections
and Rehabilitation.
Deputy Regional Parole Administrator means the department’s
administrator within a Division of Adult Parole Operations region.
Designated Level II Housing means a housing facility encompassed by a facility security perimeter and constructed to provide
celled housing for inmates with Level II classification scores.
Detainer means a written document received from an official
representing a district attorney office, court, or correctional or law
enforcement agent which indicates that an inmate is wanted by that
office and the basis for the detainer.
Determinate Sentencing Law (DSL) Prisoner means a person
sentenced to prison under Penal Code section 1170 for a crime
committed on or after July 1, 1977.
Direct and Constant Supervision means an inmate shall be
monitored and observed by CDC staff, either custody staff or work
supervisor as indicated in these regulations, sufficiently to account
for the specific whereabouts of the inmate at all times.
Director means the director of the department of corrections.
Disabled Veteran Business Enterprise means a business concern
as defined in Military and Veterans Code section 999(g).
Disabled Veteran Business Enterprise focus paper means a
publication that meets all of the following criteria: (1) has an
orientation relating to the disabled veteran business enterprise; (2)
is known and utilized by members of the disabled veteran business
enterprise community; (3) primarily offers articles, editorials (if

12

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3000

Goal means a numerically expressed disabled veteran business
enterprise objective as set out in Public Contract Code section
10115(c), that awarding departments and contractors are required
to make efforts to achieve.
Good Cause means a finding based upon a preponderance of the
evidence that there is a factual basis and good reason for the
decision made.
Good Faith Effort means a concerted effort on the part of a
potential contractor to seek out and consider disabled veteranowned and operated business enterprises as potential contractors,
and/or subcontractors in order to meet the program participation
goals.
Grievance means a complaint about a decision, action, or policy
which an inmate, parolee or staff wish to have changed.
Harassment means a willful course of conduct directed at a
specific person, group, or entity which seriously alarms, annoys, or
terrorizes that person, group, or entity and which serves no
legitimate purpose.
Hearing Committee means a panel of three certified Senior
Hearing Officers comprised of: one Correctional Lieutenant or
Correctional Counselor II, one Facility/Correctional Captain or
Correctional Counselor III, and one staff member at the level of
Associate Warden or above, or any combination thereof.
High Control means the highest supervision category of a person
on parole.
High Notoriety describes an inmate who must be treated as a
significant escape risk due to the unusual level of public panic that
his or her escape would likely cause. The risk of public panic is
based upon the nature or circumstance of the inmate’s crime, the
inmate’s criminal history, the inmate’s behavior in custody, and
extensive or prolonged media coverage of the crime beyond the
closest large city and its surrounding communities. A High
Notoriety inmate is one who is perceived by the public to have
criminal influence or access to significant amounts of money or
drugs or power that may enable the inmate to escape, trigger a
public disturbance, or victimize any person or a witness to their
conviction offense. Bases for the High Notoriety designation
include, but are not limited to, Execution Type Murder, Multiple
Murders, mutilation of victims, an original sentence of Death, a
sentence of Life Without the Possibility of Parole, a total term of
100 years or more.
Hold means to retain an inmate or parolee, who is under the
Secretary’s jurisdiction, in custody at an institution or a local
detention facility in response to the legal request of a law
enforcement or correctional agency representative.
Immediate Family Members means legal spouse; registered
domestic partner, natural parents; adoptive parents, if the adoption
occurred and a family relationship existed prior to the inmate’s
incarceration; step-parents or foster parents; grandparents; natural,
step, or foster brothers or sisters; the inmate’s natural and adoptive
children; grandchildren; and legal stepchildren of the inmate.
Aunts, uncles and cousins are not immediate family members
unless a verified foster relationship exists.
Incarcerating Jurisdiction means the jurisdiction where an Interstate or Western Interstate Corrections Compact, federal contract,
federal concurrent, or concurrent prisoner is incarcerated.
Indecent Exposure means every person who willfully and
lewdly, either: exposes his or her person, or the private parts
thereof, in any public place, or in any place where there are present
other persons to be offended or annoyed thereby; or, procures,
counsels, or assists any person so to expose him or her self or take
part in any model artist exhibition, or to make any other exhibition
of him or her self to public view, or the view of any number of
persons, such as is offensive to decency, or is adapted to excite to
vicious or lewd thoughts or acts.
Indeterminate Sentence Law (ISL) means a person sentenced to
prison for a crime committed on or before June 30, 1977, who

an inmate would include a serious temporary mental or physical
impairment verified in writing by a licensed clinical social worker,
licensed psychologist, psychiatrist, or physician. Some examples
of exceptional circumstances preventing staff witnesses, to include
the reporting employee, from attending the disciplinary hearing
would be extended sick leave, bereavement leave, personal emergency, or extended military duty. Exceptional circumstances, as
described above, would allow for suspension of time limitations
pending resolution of the instances.
Ex-Offender means a person previously convicted of a felony in
California or any other state, or convicted of an offense in another
state which would have been a felony if committed in California.
Execution Type Murder describes the circumstances or manner
of a fatal offense in which the victim is bound, cuffed, gagged,
blindfolded, or forced to assume a position from which the victim
is unable to resist or flee; the victim is shot at close range; or the
manner of death demonstrates that the victim had no opportunity to
defend himself or herself nor to flee.
Face-to-Face Contact means an in-person contact with a parolee
by Division of Adult Parole Operations staff.
Facility Security Perimeter is any combination of living unit,
work area and recreation area perimeters that is set aside to
routinely restrict inmate movement based on custody level. This
perimeter will contract and expand depending upon the weather,
lighting conditions and hours of operation.
Federal Consecutive Prisoner means a California prisoner who
is also under sentence of the United States and is confined in a
federal correctional facility, and whose California term shall
commence upon completion of the United States’ sentence.
Felony means a crime which is punishable with death or by
imprisonment in the state prison. Every other crime or public
offense is a misdemeanor except those offenses that are classified
as infractions.
Field Contact means face-to-face contact by Division of Adult
Parole Operations staff with a parolee away from the parole office
or office parking area.
Firm means any individual, firm, partnership, corporation,
association, joint venture or other legal entity permitted by law to
practice the professions of architecture, landscape architecture,
engineering, environmental services, land surveying or construction project management.
Force, as applied to escape or Attempted Escape, refers to
physical contact or threat of physical harm against a person to
enable or attempt the escape.
Frequent and Direct Supervision means that staff supervision of
an inmate shall be sufficient to ensure that the inmate is present
within the area permitted.
Friendly Witness means any witness who is not an adverse
witness.
Gang means any ongoing formal or informal organization,
association or group of three or more persons which has a common
name or identifying sign or symbol whose members and/or
associates, individually or collectively, engage or have engaged, on
behalf of that organization, association or group, in two or more
acts which include, planning, organizing threatening, financing,
soliciting, or committing unlawful acts or acts of misconduct
classified as serious pursuant to section 3315.
General Chrono means a CDC Form 128-B (Rev. 4–74) which
is used to document information about inmates and inmate
behavior. Such information may include, but is not limited to,
documentation of enemies, records of disciplinary or classification
matters, pay reductions or inability to satisfactorily perform a job,
refusal to comply with grooming standards, removal from a
program, records of parole or social service matters.
General Conditions of Parole mean general rules regarding
behavior required or prohibited during parole for all parolees.

13

§ 3000

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

Manuscript means any written, typed or printed articles of
fiction and nonfiction; poems; essays; gags; plays; skits; paintings;
sketches; drawings; or musical compositions created by an inmate.
Material Evidence means evidence which has a substantial
bearing on matters in dispute and legitimate and effective influence
on the decision of a case.
Minimum Eligible Parole Date (MEPD) means the earliest date
on which an Indeterminate Sentence Law or life prisoner may
legally be released on parole.
Multijurisdiction Parolee means any concurrent, California concurrent, California agency, or cooperative parolee.
Multijurisdiction Prisoner means any federal contract, federal
concurrent, federal consecutive, concurrent, consecutive, California agency, Interstate or Western Interstate Corrections Compact
prisoner.
Multiple Murders means the inmate killed or was involved in
killing more than one victim during the commission of the crime
for which the inmate is currently serving a Life term. This does not
necessarily include an inmate who has killed more than one person
during his or her criminal career.
Our Hold Only (OHO) means a parolee is in custody under a
Penal Code section 3056 parole hold and has no other charges or
detainers pending.
Out-to-Court means an inmate is temporarily removed from a
facility to be brought before a court to be tried for an offense, to be
examined by a grand jury or magistrate, or for any other court
proceedings.
Parole Agent means an employee and his/her supervisors in the
department who are assigned to supervise those persons released
from incarceration to the supervision of the Division of Adult
Parole Operations.
Parolee Field File means a file maintained by a parole unit office
containing information about a parolee and his or her current
parole.
Parole Hearings Division means the division of the department
which is responsible for the department’s administration of paroles
for those persons committed to the department under Penal Code
section 1170, except those who also meet the criteria of Penal
Code section 2962.
Parole Hold means authorization by a departmental employee to
hold a parolee in custody pursuant to section 3056 of the Penal
Code.
Parole Violation means conduct by a parolee which violates the
conditions of parole or otherwise provides good cause for the
modification or revocation of parole.
Parole Violation Extension means an extension of return-tocustody time for a parolee in revoked status.
Parole Violator means a parolee who is found to have violated
parole and who may be returned to custody pursuant to Penal Code
section 3057.
Parolee means a felon or civil addict commitment released from
confinement in state prison to supervision in the community.
Parolee-at-Large means an absconder from parole supervision,
who is declared a fugitive by releasing authority action suspending
parole.
Polygraph Examination means the procedure by which a polygraph examiner renders an opinion as to the veracity of statements
made by an examinee.
Polygraph Examiner means a person who purports to be able to
determine the truthfulness of statements through the use of a
polygraph instrument.
Preprison Credit means credit for time in custody as certified by
the court and provided for in Penal Code section 2900.5.
Principal means any person involved in the commission of a
crime, felony or misdemeanor, whether they directly commit the
act constituting the offense, or aid and abet in its commission, or

would have been sentenced under Penal Code section 1170 if
he/she had committed the crime on or after July 1, 1977.
Indigent Inmate means an inmate who is wholly without funds
at the time they were eligible for withdrawal of funds for canteen
purchases.
Inmate means a person under the jurisdiction of the Secretary
and not paroled. Inmate and prisoner are synonymous terms.
Inmate Match means a one-on-one match of a citizen volunteer
and an inmate who receives few or no visits to establish a
relationship which encourages positive inmate behavior and programming.
Institution Head means a warden, regional parole administrator,
or designated manager of a facility housing inmates.
Interstate Unit means the office of the parole and community
services division which coordinates the supervision of California
cooperative parolee and the return of parolees-at-large from
asylum states. The unit is responsible for Interstate and Western
Interstate Corrections Compacts, federal contrast, federal concurrent, and consecutive prisoners and multijurisdiction parolees
incarcerated in the prison of another jurisdiction.
Intoxicant not identified as a controlled substance means toluene
or any bi-product i.e. paint thinners, paint, fingernail polish,
lacquers, gasoline, kerosene, adhesives or other substance that
markedly diminishes physical and/or mental control.
Joint Venture Employer (JVE) means any public entity, nonprofit or for profit entity, organization, or business which contracts
with the director for the purpose of employing inmate labor.
Joint Venture Program (JVP) means a contract entered into
between the director and any public entity, nonprofit or for profit
entity, organization, or business for the purpose of employing
inmate labor.
Laboratory means any toxicological or forensic laboratory
which has been recognized by the state, other certifying agency, or
which is accepted by any local, county, or state prosecuting
authority to provide evidence as to the presence of controlled
substances in human body fluids or confirm that a substance is or
contains any controlled substance.
Legal process means a writ, summons, warrant or mandate
issued by a court.
Legal Status Sheet (LSS) means a CDC Form 188, Legal Status
Summary, containing the commitment and release status of an
inmate.
Life Prisoner means a prisoner serving a sentence of 15- or
25-years-to-life.
Lockdown means that a portion of the facility is affected by
suspension of required programs or services, and inmates are not
released except as determined by the facility administration on an
individuals, case-by-case basis. As determined by the facility
administration, under such circumstances only critical inmate
workers in the affected housing units/sub-facilities will be permitted to attend to work assignments under escort, and all but essential
functions are suspended in those affected housing units or subfacilities, e.g., yard, canteen draws, religious services, and visiting.
Lockout means any refusal by an employer to permit any group
of five or more employees to work as a result of a dispute with
such employees affecting wages, hours or other terms or conditions of employment of such employees.
Management Concern means a behavior observed or documented in the inmate’s criminal history that demonstrates to a
classification committee that the inmate has a propensity towards
violence against self or others; has a history of inciting or
pressuring others toward criminal behavior; preys on more vulnerable members of society; or portrays a level of criminal sophistication and/or access to large amounts of drugs, money, or power.
This may include disruptive groups and prison gang members or
affiliates.

14

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3000

Security Perimeter means any unbroken physical barrier or
combination of physical barriers that restricts inmate movement to
a contained area without being processed through a door, gate, or
sallyport.
Senate Bill (SB) 618 Participant means an adult inmate who is
deemed eligible and agrees to participate in a SB 618 Program, as
defined in section 3000, which includes that prior to reception by
the California Department of Corrections and Rehabilitation, the
inmate will be assessed and classified at the county in which he or
she is adjudged to have committed his or her crime.
Senate Bill (SB) 618 Program means a program developed for
nonviolent felony offenders pursuant to SB 618 (2005/2006
session), which added Penal Code section 1203.8, which provides
in part that programs shall be available for inmates, including
vocational and educational programs that are designed to prepare
nonviolent felony offenders for successful reintegration back into
the community.
Serious injury means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of
function of any bodily member or organ; a wound requiring
suturing; and disfigurement.
Serious Offense, for the purpose of conducting parole revocation
hearings, refers to any felony listed in section 1192.7 (c) of the
Penal Code.
Sexual Activity means any behavior of a sexual nature between
an inmate and a visitor including, but not limited to:
(1) Sexual intercourse, oral copulation, or masturbation.
(2) The rubbing or touching of breast(s), buttock(s) or sexual
organ(s) for the purpose of arousing, appealing to, or gratifying
lust, passions, or sexual desires.
(3) Exposure of breast(s), buttocks or sexual organ(s) for the
purpose of arousing, appealing to, or gratifying lust, passions, or
sexual desires.
Sexual Disorderly Conduct means every person who touches,
without exposing, his or her genitals, buttocks or breasts in a
manner that demonstrates it is for the purpose of sexual arousal,
gratification, annoyance, or offense, and that any reasonable
person would consider this conduct offensive.
Small Business Firm means a business in which the principal
office is located in California and the officers of such business are
domiciled in California which is independently owned and operated and which is not dominant in its field of operation. The
maximum dollar volume that a small business may generate shall
vary from industry to industry to the extent necessary to reflect
differing characteristics of such industries.
Special Assignment means a departmentally-approved special
program, temporary or short-term assignment for departmental
convenience, or medical or psychiatric treatment category with
exceptional credit-earning provisions.
Special Conditions of Parole means conditions of parole placed
by the Board of Parole Hearings or Division of Adult Parole
Operations and restricted to the individual.
Street gang refers to a gang as defined herein except that it is not
a prison gang.
Strike means any concerted act of more than 50 percent of the
bargaining unit employees in a lawful refusal of such employees
under applicable state or federal law to perform work or services
for an employer, other than work stoppages based on conflicting
union jurisdictions or work stoppages unauthorized by the proper
union governing body.
Subcontractor means any person or entity that enters into a
subcontract with a prime contractor for work, materials, supplies
and/or labor.
Sweat Lodge means a native American Indian ceremonial hut.

not being present, have advised and encouraged its commission, or
who, by threats, menaces, command or coercion, compel another
to commit any crime.
Prison Gang means any gang which originated and has its roots
within the department or any other prison system.
Prisoner means a person in custody of the Secretary and not
paroled. Prisoner and inmate are synonymous terms.
Probation Officer’s Report means a CDC Form 174 (Rev. 3/87),
Probation Officer’s Report, prepared by the probation officer in the
county where the offense was committed.
Program failure means any inmate who generates a significant
disciplinary history within the last 180 days from the current date.
A guilty finding for two serious Rules Violation Reports or one
serious and two administrative Rules Violation Reports within that
180 day time period is reasonable evidence of a significant
disciplinary history and may be considered a program failure.
Project, as used in sections 3475 through 3478, means a
proposal of something to be done for which a contract has not yet
been awarded.
Public Interest Case is a case identified by a Classification Staff
Representative as involving a High Notoriety inmate who requires
exceptional placement.
Public official means any person identified in Penal Code
Section 76. CDCR staff are considered the staff of an exempt
appointee of the Governor.
Received Date means the date an inmate is initially received into
a facility of the department.
Receiving State means the state which supervises a cooperative
parolee or a concurrent parolee.
Regional Parole Administrator means the department’s administrator of a Division of Adult Parole Operations region.
Relevant Evidence means evidence which tends to prove or
disprove an issue or fact in dispute.
Religious Artifact means any bag, cross, medallion, totem, bible,
pipe, or other item in which the possessor places religious or
spiritual significance.
Religious Review Committee (RRC) means a committee formed
and maintained at each institution that reviews and reaches a
decision regarding requests for reasonable accommodation and/or
access to religious services.
Residence means one or more addresses at which a person
regularly resides, regardless of the number of days or nights spent
there, such as a shelter or structure that can be located by a street
address, including, but not limited to, houses, apartment buildings,
motels, hotels, homeless shelters, and recreational and other
vehicles.
Responsible Bidder means, in addition to other State contracting
requirements, a bidder who has either met the disabled veteran
business enterprise goal or who has demonstrated that a good faith
effort was made to meet the goal.
Restricted or controlled inmate movement means that the
affected inmates are not permitted normal release schedules and
that all or specified movement may require a greater degree of
supervision than normal. Such restriction may include, but is not
limited to controlled feeding, a section at a time, rather than the
entire unit or sub-facility being released. Such restrictions do not
constitute a State of Emergency as determined in Section 3383.
Review means formal investigation into facts related to appeal
allegations, and documentation of the findings and the decision to
grant or deny the appeal.
Room and Board means all that the department provides for the
inmate’s care, housing and retention.
Screening means evaluation by staff to ascertain that specified
requirements or criteria are met.
Secure Perimeter means the largest Security Perimeter that
physically retains inmates in custody on facility property.

15

§ 3000

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Terminal illness means an incurable disease process with progression unresponsive to medical intervention where a medical
doctor estimates that death will occur within a six-month period.
Time Computation means the department’s uniform method for
calculating an inmate’s term and minimum and maximum release
dates as governed by law.
Time Served means that time an inmate is imprisoned with the
department between their received date and a given date.
Trade Paper means a publication that meets all of the following
criteria: (1) has a business orientation relating to the trade or
industry for which the advertisement is being placed; (2) is known
and utilized by members of that trade or industry; (3) primarily
offers articles, editorials (if any), and advertisements of business
opportunities aimed at that trade or industry; and (4) is readily
available within the geographical area for which the advertisement
is placed and for which the services are to be performed.
Under the influence of alcohol, any drug, controlled substance,
toluene or any combination thereof means being in a condition that
he/she is unable to exercise care for his/her safety or the safety of
others pursuant to Penal Code 647(f) and confirmed by a positive
test from a departmentally approved testing method, to include
field sobriety testing.
Unit Supervisor means a supervisor of case-carrying parole
agents in the Division of Adult Parole Operations.
Unusual Violence describes the circumstances of an offense
wherein the inmate acted to torture the victim over a period of time
or intentionally made the victim endure great pain and suffering. A
single act of stabbing, shooting, or beating of a victim does not
necessarily qualify.
Vexatious Litigant means a person who does any of the
following: (1) in the immediately preceding seven-year period has
commenced, prosecuted, or maintained in propria persona at least
five litigations other than in a small claims court that have been (a)
finally determined adversely to the person or; (b) unjustifiably
permitted to remain pending at least two years without having been
brought to trial or hearing; (2) after a litigation has been finally
determined against the person, repeatedly relitigates or attempts to
relitigate in propria persona either; (a) the validity of the determination against the same defendant or defendants as to whom the
litigation was finally determined or; (b) the cause of action, claim,
controversy, or any of the issues of fact or law, determined or
concluded by the final determination against the same defendant or
defendants as to whom the litigation was finally determined; (3) in
any litigation while acting in propria persona, repeatedly files
unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous
or solely intended to cause unnecessary delay; (4) has previously
been declared to be a vexatious litigant by any state or federal
court of record in any actions or proceeding based upon the same
or substantially similar facts, transaction, or occurrence. Pursuant
to In re Bittaker, Writs of Habeas Corpus are not included under
vexatious litigation.
Violent Offense, for the purpose of conducting parole revocation
hearings, refers to any felony listed in section 667.5 (c) of the
Penal Code.
Work Change Area means a portal controlled by staff and/or
locking gates that is used to control access and includes the area
where staff search inmates prior to permitting inmates in or out of
adjacent areas such as Prison Industry Authority yards.
Worktime Credit means credit towards a prisoner’s sentence for
satisfactory performance in work, training or education programs.
Writ means a court order in writing, requiring the performance
of a specified act, or giving authority to have it done.

TITLE 15

2081.5, 2600, 2601, 2700, 2717.1, 2717.6, 2932.5, 4570, 5009, 5054,
5068, 7000 et seq. and 11191, Penal Code; Sections 1132.4 and 1132.8,
Labor Code; Sections 10106, 10108, 10108.5, 10115, 10115.1,
10115.2, 10115.3 and 10127, Public Contract Code; and Section 999,
Military and Veterans Code; Section 391, Code of Civil Procedure;
Section 297.5, Family Code; Section 8550 and 8567, Government
Code; Governor’s Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; In re Bittaker, 55 Cal.App. 4th 1004, 64
Cal. Rptr. 2d 679; and Section 11007, Health and Safety Code.
HISTORY:
1. Amendment of subsection (a)(19) filed 12-1-78 as an emergency;
designated effective 1-1-79 (Register 78, No. 48). For prior history,
see Register 77, No. 40.
2. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
3. Amendment filed 11-20-79 as an emergency; designated effective
1-1-80 (Register 79, No. 47). A Certificate of Compliance must be
filed within 120 days or emergency language will be repealed on
3-20-80.
4. Certificate of Compliance filed 2-15-80 (Register 80, No. 7).
5. Amendment filed 3-2-83: effective thirtieth day thereafter (Register
83, No. 12).
6. Change without regulatory effect repealing and adopting new
section filed 10-29-90 pursuant to section 100, title 1, California
Code of Regulations (Register 91, No. 6).
7. Amendment filed 11-28-90 as an emergency; operative 11-28-90
(Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 3-28-91 or emergency language will be repealed
by operation of law on the following day.
8. Amendment adding definitions of ‘‘disruptive group,’’ ‘‘gang,’’
and ‘‘prison gang’’ filed 5-20-91; operative 6-19-91 (Register 91,
No. 26).
9. Amendment adding definition for ‘‘Media representative’’ filed
12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4).
10. Amendment adding definitions for ‘‘Disciplinary Free,’’ ‘‘Inmate
Match,’’ and ‘‘Special Assignment’’ and amending Note filed
12-20-91 as an emergency; operative 12-20-91 (Register 92, No.
4). A Certificate of Compliance must be transmitted to OAL
4-20-92 or emergency language will be repealed by operation of
law on the following day.
11. Amendment adding definition for ‘‘Case records file’’ and amendment of Note filed 12-20-91 as an emergency; operative 12-20-91
(Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-20-92 or emergency language will be
repealed by operation of law on the following day.
12. Amendment adding definition for ‘‘Detainer’’ and amendment of
Note filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted
to OAL 4-17-92 or emergency language will be repealed by
operation of law on the following day.
13. Amendment adding definitions for ‘‘Received Date,’’ ‘‘Time
Computation,’’ and ‘‘Time Served’’ filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of
Compliance must be transmitted to OAL 4-20-92 or emergency
language will be repealed by operation of law on the following
day.
14. Editorial correction of ‘‘Firm’’ and ‘‘Grievance’’ filed 12-20-91;
operative 12-20-91 (Register 92, No. 4).
15. Amendment adding definition for ‘‘Terminal illness’’ filed 5-2092; operative 5-20-92 (Register 92, No. 21). A Certificate of
Compliance must be transmitted to OAL 9-17-92 or emergency
language will be repealed by operation of law on the following
day.
16. Editorial correction of printing error restoring inadvertently deleted definitions originally filed 12-20-91 (Register 92, No. 24).
17. Certificate of Compliance as to 12-20-91 order adding definition
for ‘‘case records file’’ transmitted to OAL 4-15-92 and filed
5-27-92 (Register 92, No. 24).

NOTE: Authority cited: Sections 2717.3, 5058 and 5058.3, Penal
Code; Section 10115.3(b), Public Contract Code; and Sections
4525(a), 4526 and 14837, Government Code. Reference: Sections
186.22, 243, 314, 530, 532, 646.9, 653m, 832.5, 1203.8, 1389, 2080,

16

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3000

38. Certificate of Compliance as to 11-22-96 order, including amendment of definition of ‘‘Certification,’’ transmitted to OAL 3-20-97
and filed 5-1-97 (Register 97, No. 18).
39. Amendment adding definitions of ‘‘Lockdown’’ and ‘‘Restricted
or controlled inmate movement’’ filed 10-16-97; operative 1115-97 (Register 97, No. 42).
40. Amendment adding definition of ‘‘Program failure’’ filed 1016-97 as an emergency; operative 10-16-97 (Register 97, No. 42).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-98 or emergency
language will be repealed by operation of law on the following
day.
41. Amendment adding definition of ‘‘Vexatious Litigant’’ and
amending Note filed 11-12-97 as an emergency; operative 1112-97 (Register 97, No. 46). A Certificate of Compliance must be
transmitted to OAL by 3-13-98 or emergency language will be
repealed by operation of law on the following day.
42. Editorial correction of definition of ‘‘Vexatious Litigant’’ and
Histories 40 and 41 (Register 98, No. 18).
43. Amendment adding definition of ‘‘Vexatious Litigant’’ and
amending Note refiled 4-29-98 as an emergency; operative
4-29-98 (Register 98, No. 18). A Certificate of Compliance must
be transmitted to OAL by 10-6-98 or emergency language will be
repealed by operation of law on the following day.
44. Certificate of Compliance as to 10-16-97 order, including removal
of definition of ‘‘Program failure’’ to section 3062(n), transmitted
to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
45. Certificate of Compliance as to 4-29-98 order, including further
amendment of definition of ‘‘Vexatious Litigant’’ and Note,
transmitted to OAL 6-12-98 and filed 7-21-98 (Register 98,
No. 30).
46. Amendment adding new definitions of ‘‘Controlled Medication,’’
‘‘Controlled Substance,’’ ‘‘Distribution’’ and ‘‘Laboratory’’ and
amendment of Note filed 8-27-98 as an emergency; operative
8-27-98 (Register 98, No. 35). A Certificate of Compliance must
be transmitted to OAL by 2-3-99 or emergency language will be
repealed by operation of law on the following day,
47. Amendment filed 11-13-98 as an emergency; operative 11-13-98
(Register 98, No. 46). A Certificate of Compliance must be
transmitted to OAL by 3-15-99 or emergency language will be
repealed by operation of law on the following day.
48. Amendment adding new definitions of ‘‘Controlled Medication,’’
‘‘Controlled Substance,’’ ‘‘Distribution’’ and ‘‘Laboratory’’ and
amendment of Note refiled 2-3-99 as an emergency; operative
2-3-99 (Register 99, No. 6). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL
by 7-13-99 or emergency language will be repealed by operation
of law on the following day.
49. Certificate of Compliance as to 11-13-98 order transmitted to
OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
50. Certificate of Compliance as to 2-3-99 order transmitted to OAL
5-12-99 and filed 6-24-99 (Register 99, No. 26).
51. Amendment filed 3-27-2000 as an emergency; operative 3-272000 (Register 2000, No. 13). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL
by 9-5-2000 or emergency language will be repealed by operation
of law on the following day.
52. Amendment of definition of ‘‘Chronological History’’ filed 8-282000; operative 9-27-2000 (Register 2000, No. 35).
53. Certificate of Compliance as to 3-27-2000 order transmitted to
OAL 9-5-2000; disapproval and order of repeal and deletion
reinstating section as it existed prior to emergency amendment by
operation of Government Code 11346.1(f) filed 10-18-2000 (Register 2000, No. 42).
54. Amendment filed 10-19-2000 deemed an emergency pursuant to
Penal Code section 5058(e); operative 10-19-2000 (Register 2000,
No. 42). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the
following day.

18. Certificate of Compliance as to 12-29-91 order adding definitions
for ‘‘Disciplinary Free,’’ ‘‘Inmate Match,’’ and ‘‘Special Assignment’’ transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92,
No. 24).
19. Certificate of Compliance as to 12-19-91 order adding definition
of ‘‘Detainer’’ transmitted to OAL 4-20-92 and filed 5-28-92
(Register 92, No. 24).
20. Certificate of Compliance as to 12-19-91 order transmitted to
OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
21. Certificate of Compliance as to 12-20-91 order transmitted to
OAL 4-20-92 and filed 6-2-92 (Register 92, No. 24).
22. Certificate of Compliance as to 5-20-92 order transmitted to OAL
9-9-92; disapproved by OAL and order of repeal of 5-20-92 order
filed on 10-22-92 (Register 92, No. 43).
23. Amendment adding definition for ‘‘Terminal illness’’ refiled
10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A
Certificate of Compliance must be transmitted to OAL 2-23-93 or
emergency language will be repealed by operation of law on the
following day.
24. Amendment adding ‘‘Cumulative case summary,’’ ‘‘Chronological
history,’’ ‘‘Legal status sheet,’’ ‘‘Probation officer’s report’’ and
‘‘Criminal identification and investigation report’’ and amendment
of Note filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
25. Change without regulatory effect amending ‘‘Immediate Family
Members’’ filed 1-26-93 pursuant to section 100, title 1, California
Code of Regulations (Register 93, No. 5).
26. Certificate of Compliance as to 10-23-92 order transmitted to
OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
27. Amendment adding ‘‘Harassment’’ and amendment of Note filed
7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31).
A Certificate of Compliance must be transmitted to OAL 11-26-93
or emergency language will be repealed by operation of law on the
following day.
28. Amendment filed 9-3-93; operative 9-3-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 36).
29. Amendment of ‘‘Good Faith Effort,’’ ‘‘Minority Business Enterprise,’’ ‘‘Responsible Bidder’’ and ‘‘Women Business Enterprise’’
and Note and new definitions ‘‘Disabled Veteran Business Enterprise,’’ ‘‘Goal,’’ ‘‘Minority and/or Women and/or Disabled Veteran
Business Enterprise focus paper,’’ ‘‘Minority and/or Women
and/or Disabled Veteran Business Enterprise focus paper and trade
paper,’’ ‘‘Project,’’ ‘‘Subcontractor,’’ and ‘‘Trade Paper’’ filed
10-18-93 as an emergency; operative 10-18-93 (Register 93, No.
43). A Certificate of Compliance must be transmitted to OAL by
2-15-94 or emergency language will be repealed by operation of
law on the following day.
30. Definitions added for ‘‘Chaplain,’’ ‘‘Religious Artifact,’’ and
‘‘Sweat Lodge’’ and amendment of Note filed 11-1-93; operative
12-13-93 (Register 93, No. 45).
31. Amendment adding ‘‘Ex-Offender’’ filed 11-30-93; operative
12-30-93 (Register 93, No. 49).
32. Certificate of Compliance as to 7-29-93 order transmitted to OAL
11-18-93 and filed 12-31-93 (Register 94, No. 1).
33. Certificate of Compliance as to 10-18-93 order transmitted to
OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
34. Amendment of ‘‘Inmate’’, new definition ‘‘Serious injury’’, and
amendment of Note filed 5-5-95; operative 6-5-95 (Register 95,
No. 18).
35. Amendment of ‘‘Institution Head’’ filed 9-13-96 as an emergency;
operative 9-13-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97 or emergency language will be repealed by
operation of law on the following day.
36. Amendment adding definition of ‘‘Certification’’ filed 11-22-96 as
an emergency; operative 11-22-96 (Register 96, No. 47). A
Certificate of Compliance must be transmitted to OAL by 5-1-97
pursuant to Penal Code section 5058(e) or emergency language
will be repealed by operation of law on the following day.
37. Certificate of Compliance as to 9-13-96 order transmitted to OAL
11-22-96 and filed 1-6-97 (Register 97, No. 2).

17

§ 3000.5

DEPARTMENT OF CORRECTIONS AND REHABILITATION

55. Amendment adding definition of ‘‘General Chrono’’ filed 11-162000; operative 12-16-2000 (Register 2000, No. 46).
56. Certificate of Compliance as to 10-19-2000 order, including
further amendment of definitions of ‘‘Execution Type Murder,’’
‘‘High Notoriety’’ and ‘‘Public Interest Case,’’ transmitted to OAL
3-27-2001 and filed 5-3-2001 (Register 2001, No. 18).
57. Amendment of definitions of ‘‘Firm’’ and ‘‘Small Business Firm’’
and amendment of Note filed 7-12-2002; operative 8-11-2002
(Register 2002, No. 28).
58. Amendment adding definition of ‘‘Street gang’’ and amendment of
Note filed 8-27-2002 as an emergency; operative 8-27-2002
(Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a
Certificate of Compliance must be transmitted to OAL by 2-42003 or emergency language will be repealed by operation of law
on the following day.
59. Certificate of Compliance as to 8-27-2002 order transmitted to
OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
60. Amendment adding definitions of ‘‘Program failure’’ and ‘‘Significant work related disciplinary history’’ 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.
61. Amendment adding definitions of ‘‘Program failure’’ and ‘‘Significant work related disciplinary history’’ 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.
62. Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
63. New definition of ‘‘Religious Review Committee (RRC)’’ filed
1-17-2006 as an emergency; operative 1-17-2006 (Register 2006,
No. 3). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the
following day.
64. Amendment of definition of ‘‘Program failure’’ filed 6-9-2006;
operative 7-9-2006 (Register 2006, No. 23).
65. Certificate of Compliance as to 1-17-2006 order transmitted to
OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
66. Change without regulatory effect amending division heading and
chapter heading filed 12-4-2006 pursuant to section 100, title 1,
California Code of Regulations (Register 2006, No. 49).
67. New definitions of ‘‘Indecent Exposure’’ and ‘‘Sexual Disorderly
Conduct’’ and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to
Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 8-2-2007 or emergency language will be
repealed by operation of law on the following day.
68. Certificate of Compliance as to 2-23-2007 order transmitted to
OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
69. New definitions of ‘‘Non-serious offender’’ and ‘‘Non-violent
offender’’ filed 10-1-2007 as an emergency; operative 10-1-2007
(Register 2007, No. 40). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 3-102008 or emergency language will be repealed by operation of law
on the following day.
70. Amendment of definition of ‘‘Immediate Family Members’’ and
amendment of Note filed 10-16-2007; operative 11-15-2007
(Register 2007, No. 42).
71. New definitions of ‘‘Non-serious offender’’ and ‘‘Non-violent
offender’’ refiled 2-25-2008 as an emergency; operative 2-252008 (Register 2008, No. 9). A Certificate of Compliance must be
transmitted to OAL by 5-26-2008 or emergency language will be
repealed by operation of law on the following day.
72. Reinstatement of section as it existed prior to 10-1-2007 emergency amendment by operation of Government Code section
11346.1(f) (Register 2008, No. 22).
73. New definitions of ‘‘Behavior Management Unit’’ and ‘‘Disruptive Behavior’’ filed 7-8-2008 as an emergency; operative 7-8-

74.
75.
76.

77.
78.

79.

80.
81.
82.
83.

TITLE 15

2008 (Register 2008, No. 28). Pursuant to Penal Code section
5058.3(a)(1), a Certificate of Compliance must be transmitted to
OAL by 12-15-2008 or emergency language will be repealed by
operation of law on the following day.
Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
Repealer of definition of ‘‘Media representative’’ filed 8-29-2008;
operative 9-28-2008 (Register 2008, No. 35).
New definition of ‘‘California Out-of-State Correctional Facility’’
and amendment of Note filed 10-30-2008 as an emergency;
operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 4-8-2009 or emergency language will be
repealed by operation of law on the following day.
Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008,
No. 50).
New definitions of ‘‘Behavior Management Unit’’ and ‘‘Disruptive Behavior’’ refiled 12-15-2008 as an emergency; operative
12-15-2008 (Register 2008, No. 51). Pursuant to Penal Code
section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 3-16-2009 or emergency language will be
repealed by operation of law on the following day.
New definitions of ‘‘Senate Bill (SB) 618 Participant’’ and
‘‘Senate Bill (SB) 618 Program’’ and amendment of Note filed
2-5-2009 as an emergency; operative 2-5-2009 (Register 2009,
No. 6). This filing contains a certification that the operational
needs of the Department required filing of these regulations on an
emergency basis and were deemed an emergency pursuant to
Penal Code section 5058.3. A Certificate of Compliance must be
transmitted to OAL by 7-15-2009 or emergency language will be
repealed by operation of law on the following day.
Certificate of Compliance as to 12-15-2008 order transmitted to
OAL 2-23-2009 and filed 4-2-2009 (Register 2009, No. 14).
Certificate of Compliance as to 10-30-2008 order transmitted to
OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).
Certificate of Compliance as to 2-5-2009 order transmitted to
OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
New definition of ‘‘Sexual Activity’’ filed 10-6-2009; operative
10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).

3000.5. Rules of Construction.
The following rules of construction apply to these regulations,
except where otherwise noted:
(a) The enumeration of some criteria for the making of discretionary decisions does not prohibit the application of other criteria
reasonably related to the decision being made.
(b) The order in which criteria are listed does not indicate their
relative weight or importance.
(c) ‘‘Shall’’ is mandatory, ‘‘should’’ is advisory, and ‘‘may’’ is
permissive.
(d) The past, present, or future tense includes the others.
(e) The masculine gender includes the feminine gender; the
singular includes the plural.
(f) The time limits specified in these regulations do not create a
right to have the specified action taken within the time limits. The
time limits are directory, and the failure to meet them does not
preclude taking the specified action beyond the time limits.
NOTE: Authority cited: section 5058 and Stats. 1992, ch. 695, sec. 45.
Reference: Sections 3000 and 5054, Penal Code.
HISTORY:
1. New section filed 9-3-93; operative 9-3-93 pursuant to Government
Code section 11346.2(d) (Register 93, No. 36).

3001. Subject to Regulations.
Regardless of commitment circumstances, every person confined or residing in facilities of the department is subject to the
rules and regulations of the Secretary, and to the procedures
established by the warden, superintendent, or regional parole
administrator responsible for the operation of that facility. Persons

18

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3004

specialized unit. A copy of the committee’s chrono reflecting the
discussion shall be given to the inmate and a copy placed in the
inmate’s central file.
(7) The facility location where Board of Prison Terms’ Rules
may be reviewed by the inmate.
(8) Available institution social services.
(c) The issuance of rules and regulations and program information, summaries, and the inmate’s receipt for same is required in
order to comply with Sections 2080 and 2930 of the Penal Code.
An inmate’s refusal to sign a receipt for the issue of rules and
regulations, work and program summaries, or work and program
agreements or understandings, shall be noted by staff, and the
receipt shall be filed in the inmate’s central file. Refusal or failure
to acknowledge the receipt of information shall not relieve the
inmate from any responsibility to behave and participate as
expected nor from the consequence for misbehavior or refusal or
failure to participate.
(d) Each institution and reception center shall provide a means
of advising inmates who cannot read English of the expectations
contained in this section. The provisions shall include communication of the expectations to those inmates who also have impaired
hearing.

on parole or civil addict outpatient status are subject to such
Secretary’s rules, regulations and parole region procedures as may
be applicable to such persons.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
HISTORY:
1. Amendment of section and new Note filed 12-9-2008; operative
1-8-2009 (Register 2008, No. 50).

3001.5. Assignment to Caseworker.
Upon reception at a facility, each inmate shall be assigned a
caseworker.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
HISTORY:
1. New section filed 10-15-92; operative 11-16-92 (Register 92,
No. 42).

3002.

Notice of Program, Behavioral, and Participation
Expectations.
(a) Within 14 days of reception by the Department of Corrections or upon return to confinement in a departmental institution or
facility, every inmate or parolee shall be issued a copy of the Rules
and Regulations of the Director of Corrections and copies of all
rule changes that have occurred since the last complete reprinting
and reissue of the rules and regulations. Each inmate and parolee
shall sign a receipt for the rules. The receipt shall be filed as a
permanent record in the inmate’s central file. In addition:
(1) Spanish language copies of the rules and regulations of the
director shall be maintained at each reception center, institution
and facility where inmates are confined. Notice shall be given in
Spanish that a Spanish version of the rules is available for
inspection. These rules shall be made available for review by
Spanish speaking inmates who cannot read English.
(2) Within 14 days of transfer to another departmental institution or facility, the new arrival shall be given a written summary of
local procedures governing the conduct and activities of inmates
confined at that location and a summary of the range of work and
training programs offered by and available at that institution or
facility. The summary or summaries shall also include: procedures
governing mail and visiting, the inmate’s right to appeal and
appeal procedures, the facility’s basic daily schedule, and where
and how additional procedural information of interest may be
obtained. New arrivals shall also be given verbal staff instructions
regarding the procedures.
Staff instructions shall also be given to newly received inmates
regarding the possibility of receiving a one-third reduction of their
sentence or minimum eligible parole date for refraining from acts
or activities of misbehavior and by participating in assigned work
and program activities.
(b) During regularly scheduled institution and reception center
inmate orientation sessions each inmate or parolee shall be advised
of the following:
(1) The ability to earn credits by participating in assigned work
and program activities; and,
(2) The availability of work and program activities; and,
(3) The possible loss of credits resulting from acts or activities
of misbehavior; and,
(4) The availability of and procedures for access to health care
including daily sick call procedures.
(5) Reception centers shall incorporate the inmate’s acknowledgement of the receipt of the summary of reception center work
and program activities in the same form used as a receipt for issue
of the rules and regulations to the inmate.
(6) When inmates are placed in specialized housing with
specialized or limited program options and opportunities to participate, the initial classification committee shall explain the
options and opportunities available to the inmate within that

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2080, 2930, 2931 and 5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to
Government Code section 11346.2(d) (Register 83, No. 19).
4. Amendment of subsections (a), (b) and new subsection (d) filed
2-8-88; operative 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing errors in subsections (a)(1) and
(b)(3) (Register 92, No. 5).
6. New subsections (b)(7)–(8) filed 10-15-92; operative 11-16-92
(Register 92, No. 42).

3003. Threats Against Public Officials.
Any inmate away from a secure perimeter facility or parolee
who makes a written or verbal threat against the life of any official
specified in Penal Code section 76 with the intent and apparent
ability to carry out the threat shall immediately be placed in
custody at a jail or secure perimeter facility pending disposition of
the charges.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
76, 3056, 5054, and 6253, Penal Code.
HISTORY:
1. New section filed 10-18-93; operative 11-17-93 (Register 93, No.
43). For prior history, see Register 89, No. 41.

3004. Rights and Respect of Others.
(a) Inmates and parolees have the right to be treated respectfully, impartially, and fairly by all employees. Inmates and
parolees have the responsibility to treat others in the same manner.
Employees and inmates may use first names in conversation with
each other when it is mutually acceptable to both parties.
(b) Inmates, parolees and employees will not openly display
disrespect or contempt for others in any manner intended to or
reasonably likely to disrupt orderly operations within the institutions or to incite or provoke violence.
(c) Inmates, parolees and employees will not subject other
persons to any form of discrimination because of race, religion,
nationality, sex, political belief, age, or physical or mental handicap.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).

19

§ 3005

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

12. Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
13. New subsection (c) and subsection relettering filed 12-28-2007;
operative 12-28-2007 pursuant to Government Code section
11343.4 (Register 2007, No. 52).
14. Amendment of subsection (d), new subsections (d)(1)–(3) and
amendment of Note filed 8-4-2008; operative 8-4-2008 pursuant
to Government Code section 11343.4 (Register 2008, No. 32).

2. Amendment of subsection (a) filed 9-30-77; effective thirtieth day
thereafter (Register 77, No. 40).
3. New subsection (c) filed 4-18-80; effective thirtieth day thereafter
(Register 80, No. 16).

3005. Conduct.
(a) Inmates and parolees shall obey all laws, regulations, and
local procedures, and refrain from behavior which might lead to
violence or disorder, or otherwise endangers facility, outside
community or another person.
(b) Obeying Orders. Inmates and parolees must promptly and
courteously obey written and verbal orders and instructions from
department staff, and from employees of other agencies with
authorized responsibility for the custody and supervision of
inmates and parolees.
(c) Refusing to Accept Assigned Housing. Inmates shall not
refuse to accept a housing assignment such as but not limited to, an
integrated housing assignment or a double cell assignment, when
case factors do not preclude such.
(d) Force or Violence.
(1) Inmates shall not willfully commit or assist another person
in the commission of an assault or battery to any person or persons,
nor attempt or threaten the use of force or violence upon another
person.
(2) Inmates shall not, with the intent to cause a riot, willfully
engage in conduct that urges a riot, or urges others to commit acts
of force or violence at a time and place under circumstances that
produce a clear and present and immediate danger of acts of force
or violence or the burning or destroying of property.
(3) Inmates shall not participate in a riot, rout, or unlawful
assembly.

3006. Contraband.
Inmates may possess only the personal property, materials,
supplies, items, commodities and substances, up to the maximum
amount, received or obtained from authorized sources, as permitted in these regulations. Possession of contraband as defined in
section 3000 may result in disciplinary action and confiscation of
the contraband.
(a) Dangerous Property. Inmates may not possess or have under
their control any weapons, explosives, explosive making material,
poisons or any destructive devices, nor shall they possess or assist
in circulating any writing or voice recording which describes the
making of any weapons, explosives, poisons, or destructive
devices.
(b) Money. Inmates may not possess money. If an inmate finds
money and voluntarily surrenders it, and the rightful owner does
not claim it within 30 days, it will be credited to the inmate’s trust
account.
(c) Except as authorized by the institution head, inmates shall
not possess or have under their control any matter which contains
or concerns any of the following:
(1) Any matter of a character tending to incite murder; arson;
riot; or any form of violence or physical harm to any person, or any
ethnic, gender, racial, religious, or other group.
(2) Blackmail or extortion.
(3) Contraband, or sending or receiving contraband.
(4) Plans to escape or assist in an escape.
(5) Plans to disrupt the order, or breach the security, of any
facility.
(6) Plans for activities which violate the law, these regulations,
or local procedures.
(7) Coded messages.
(8) A description of the making of any weapon, explosive,
poison or destructive device.
(9) Illustrations, explanations, and/or descriptions of how to
sabotage or disrupt computers, communications, or electronics.
(10) Diskettes.
(11) Catalogs, advertisements, brochures, and material whose
primary purpose is to sell a product(s) or service(s) and when taken
as a whole, lacks serious literary, artistic, political, educational, or
scientific value.
(12) Maps depicting any area within a ten mile radius of a
facility.
(13) Gambling or a lottery.
(14) Markings on the envelope which are obscene in nature as
described in subsection (15) below.
(15) Obscene material and mail containing information concerning where, how, or from whom obscene material may be
obtained.
(A) Obscene material means material taken as a whole, which
to the average person, applying contemporary statewide standards,
appeals to the prurient interest; and is material which taken as a
whole, depicts or describes sexual conduct; and which, taken as a
whole, lacks serious literary, artistic, political, or scientific value.
(B) When it appears from the nature of the matter or the
circumstances of its dissemination, distribution, or exhibition that
it appeals to deviant sexual groups.
(C) Material subject to the tests in paragraphs (A) or (B)
includes, but is not limited to material that:

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 242, 295–300.3, 404–409, 2931 and 5054, Penal Code.
HISTORY:
1. Repealer and new section (b) filed 2-24-77; effective thirtieth day
thereafter (Register 77, No. 9).
2. New subsection (c) filed 5-13-77; effective thirtieth day thereafter
(Register 77, No. 20).
3. Amendment of subsection (c) filed 6-30-77 as an emergency;
effective upon filing (Register 77, No. 27).
4. Amendment of subsection (c) filed 9-29-77 as an emergency;
effective upon filing. Certificate of Compliance included (Register
77, No. 40).
5. Amendment filed 3-2-83; effective thirtieth day thereafter (Register
83, No. 12).
6. Change without regulatory effect amending subsection (a) filed
6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 31).
7. Amendment of subsection (c) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
8. Amendment of Note filed 9-20-99 as an emergency; operative
9-20-99 (Register 99, No. 39). Pursuant to Penal Code section
5058(e) a Certificate of Compliance must be transmitted to OAL by
2-28-2000 or emergency language will be repealed by operation of
law on the following day.
9. Certificate of Compliance as to 9-20-99 order transmitted to OAL
1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
10. Amendment of subsection (c) and amendment of Note 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.
11. Amendment of subsection (c) and amendment of Note 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.

20

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(1) Depicts, displays, or describes penetration of the vagina or
anus, or contact between the mouth and the genitals.
(2) Depicts, displays, or describes bestiality, sadomasochism, or
an excretory function including urination, defecation, or semen.
(3) Portrays the nudity of a minor, or person who appears to be
under 18 years old.
(4) Portrays conduct which appears to be non-consensual behavior.
(5) Portrays conduct which is or appears to be forceful, threatening, or violent.
(6) Portrays conduct where one of the participants is a minor, or
appears to be under 18 years old.
(16) Material that is reasonably deemed to be a threat to
legitimate penalogical interests.
(17) Sexually explicit images that depict frontal nudity in the
form of personal photographs, drawings, magazines, or other
pictorial format.
(A) Sexually explicit material shall be defined as material that
shows the frontal nudity of either gender, including the exposed
female breast(s) and/or the genitalia of either gender.
(B) The following sexually explicit material shall be allowed:
1. Departmentally purchased or acquired educational, medical/
scientific, or artistic materials, such as books or guides purchased
by the department for inclusion in institution libraries and/or
educational areas; or
2. Educational, medical/scientific, or artistic materials, including, but not limited to, anatomy medical reference books, general
practitioner reference books and/or guides, National Geographic,
or artistic reference material depicting historical, modern, and/or
post modern era art, purchased or possessed by inmates and
approved by the institution head or their designee on a case-bycase basis.
(18) Any tobacco product, or tobacco cessation product, that
contains nicotine.
(19) Cellular telephone or other electronic communications
device.
(d) Anything in the possession of an inmate which is not
contraband but will, if retained in possession of the inmate, present
a serious threat to facility security or the safety of inmates and
staff, shall be controlled by staff to the degree necessary to
eliminate the threat.

§ 3008

6. Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section
11346.1(f). Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95; disapproved by OAL and order of repeal as to
6-13-95 order filed on 12-27-95 (Register 95, No. 52).
7. Amendment of section and Note filed 12-27-95 as an emergency
pursuant to Government Code section 11346.1; operative 12-27-95
(Register 95, No. 52). A Certificate of Compliance must be
transmitted to OAL by 4-25-96 or emergency language will be
repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-27-95 order including amendment of subsections (c), (c)(3), and (c)(9), new subsection (c)(10)
and subsection renumbering, amendment of newly designated
subsections (c)(11), (c)(14) and (c)(15), new subsections
(c)(15)(A)–(c)(15)(C), amendment of newly designated subsections
(c)(15)(C)(1) and subsection renumbering, amendment of subsection (d) and Note transmitted to OAL 4-25-96 and filed 6-6-96
(Register 96, No. 23).
9. New subsections (c)(17)–(c)(17)(B)2. filed 9-30-2002 as an emergency pursuant to Penal Code section 5058.3; operative 9-30-2002
(Register 2002, No. 40). A Certificate of Compliance must be
transmitted to OAL by 3-10-2003 pursuant to Penal Code section
5058.3 or emergency language will be repealed by operation of law
on the following day.
10. Certificate of Compliance as to 9-30-2002 order transmitted to
OAL 2-3-2003 and filed 3-18-2003 (Register 2003, No. 12).
11. Amendment of first paragraph filed 5-27-2004 as an emergency;
operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be
repealed by operation of law on the following day.
12. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
13. New subsection (c)(18) and amendment of Note filed 7-7-2005 as
an emergency; operative 7-7-2005 (Register 2005, No. 27).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency
language will be repealed by operation of law on the following
day.
14. Certificate of Compliance as to 7-7-2005 order transmitted to
OAL 12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
15. New subsection (c)(19) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No.
32).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601, 2772, 2790, 4574, 5030.1, 5054 and 5057, Penal
Code.
HISTORY:
1. Amendment of subsection (a) filed 3-2-83; effective thirtieth day
thereafter (Register 83, No. 12).
2. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 6).
3. Editorial correction of printing error in subsection (a) (Register 92,
No. 5).
4. New subsection (c) and subsection relettering, renumbering and
amendment of former subsections 3136 (a)–(h) to subsections
3006(c)(1)–(8), new subsections 3006(c)(9)–(15), and amendment
of newly designated subsection (d) and Note filed 1-3-95 as an
emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of
Compliance must be transmitted to OAL 6-12-95 or emergency
language will be repealed by operation of law on the following day.
5. New subsection (c) and subsection relettering, renumbering and
amendment of former subsections 3136(a)–(h) to subsections
3006(c)(1)–(8), new subsections 3006(c)(9)–(15), and amendment
of newly designated subsection (d) and Note refiled 6-13-95 as an
emergency; operative 6-13-95 (Register 95, No. 24). A Certificate
of Compliance must be transmitted to OAL by 11-20-95 or
emergency language will be repealed by operation of law on the
following day.

3007. Sexual Behavior.
Inmates may not participate in illegal sexual acts. Inmates are
specifically excluded in laws, which remove legal restraints from
acts between consenting adults. Inmates must avoid deliberately
placing themselves in situations and behaving in a manner, which
is designed to encourage illegal sexual acts.
Comment: Former DR-1105, sexual behavior.
3008. Obscenity.
Inmates shall not openly or publicly display photographs,
pictures, drawings, or other pictorial representations of persons
engaged in sexual acts, actual or simulated, masturbation, excretory functions or lewd exhibitions of the genitals which are
obscene as defined in Section 311 of the Penal Code.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register
83, No. 12).
2. Certificate of Compliance as to 12-27-95 order including amendment of section and Note transmitted to OAL 4-25-96 and filed
6-6-96 (Register 96, No. 23).
3. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

21

§ 3009

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

person by the use of bribery, threat or other unlawful means.
Comment: Former DR-1111, improper influence.

3009. Gambling.
Inmates shall not participate in any form of gambling or
bookmaking. Comment: Former DR-1107, gambling and bookmaking.

HISTORY:
1. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

HISTORY:
1. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

3014. Calls and Passes.
Inmates must respond promptly to notices given in writing,
announced over the public address system, or by any other
authorized means.
Comment: Former DR-1113, answering calls and passes.

3010. Gifts and Gratuities.
Inmates may not ask for or accept any gift of money, property,
material or substance from institution visitors, employees or other
persons, and may not give any person a gift or promise of one,
except as provided for by law, approved institution procedures, or
as specifically authorized by the warden or superintendent. Institution procedures established under this section should be directed
toward control of property, safety of persons and institution
security.

HISTORY:
1. Repealer of section 3014 and renumbering of section 3015 to
section 3014 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40). For former section 3014, see Register 77, No. 9.

3015. Unauthorized Areas and Facility Boundaries.
(a) Every area of a facility which is out of bounds to inmates or
which is only out of bounds at specified times shall be clearly
designated. Inmates shall not enter such areas unless specifically
authorized to do so by staff.
(b) Inmates assigned to a work detail or project off their
facility’s property shall not go beyond the geographical limits
established by their staff escort.
(c) Except as provided in sections 3080 through 3083, Title 15,
California Code of Regulations, inmates shall not travel past the
boundaries of a facility unless escorted by authorized staff.
Inmates shall not be escorted from a facility except in an
emergency or when authorized for the purpose of a work or project
assignment, transfer to another facility, or temporary community
leave or removal.
(d) Inmates shall not escape, attempt to escape or conspire with
others to escape from the custody of the department. Inmates shall
not solicit or coerce others to aid or assist in an escape.

HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).

3011. Property.
Inmates shall not intentionally destroy, damage, or deface, state
property or another person’s property. To do so shall be cause for
disciplinary action and the inmate may be charged for the cost of
repair or replacement, including materials. Intentional destruction
of property may result in a credit loss as specified in Section
3323(c)(3), 3323(d)(6), or 3323(g)(1) of these regulations. Intentional damage to property valued at four hundred dollars or more
may result in criminal prosecution and an additional term of
imprisonment in addition to any credit loss resulting from the
disciplinary action. Intentional damage to property valued at less
than four hundred dollars may result in a misdemeanor conviction
in addition to any credit loss resulting from the disciplinary action.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 594(a), 2932, 4600 and 5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 12-1-78 as an emergency; designated effective
1-1-79 (Register 78, No. 48).
3. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code
Section 11349.7; effective thirtieth day thereafter (Register 85, No.
26).
5. OAL Notice of Erroneous Filing filed 7-29-85; purported Order of
Repeal of Section 3011(a) filed in error on 6-3-85 is null and void
and text of subsection (a) as filed with Secretary of State on 12-1-78
remains in effect uninterrupted (Register 85, No. 31).
6. Amendment filed 12-16-88; operative 1-15-89 (Register 88, No.
53).
7. Change without regulatory effect amending section filed 11-19-97
pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 47).
8. Amendment of section and Note filed 9-25-2000; operative 10-252000 (Register 2000, No. 39).
9. Amendment of section and Note filed 8-4-2008; operative 8-4-2008
pursuant to Government Code section 11343.4 (Register 2008,
No. 32).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Renumbering of Section 3016 to Section 3015 filed 9-30-77;
effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment of section heading and newly designated subsection
(a), new subsection (b), renumbering and amendment of former
section 3444 to new subsection (c), and new Note filed 10-27-93;
operative 11-26-93 (Register 93, No. 44).
3. New subsection (d) filed 8-4-2008; operative 8-4-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 32).

3016.

HISTORY:
1. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

Controlled Substances, Drug Paraphernalia, and
Distribution.
(a) Inmates shall not inhale, ingest, inject, or otherwise introduce into their body; use, possess, manufacture, or have under their
control any controlled substance, medication, or alcohol, except as
specifically authorized by the institution’s/facility’s health care
staff.
(b) Inmates shall not possess, exchange, manufacture, or have
under their control any paraphernalia as defined by Health and
Safety Code section 11014.5, or device related to the use, injection,
or manufacture of any controlled substance, except as specifically
authorized by the institution’s/facility’s health care staff.
(c) Inmates shall not distribute, as defined in section 3000, any
controlled substance.
(d) Inmates shall not possess medication in quantities exceeding
the dosage specifically authorized by the institution’s/facility’s
health care staff, nor may an inmate possess medication prescribed
to another inmate.

3013. Unlawful Influence.
Inmates shall not attempt to gain special consideration or favor
from other inmates, employees, institution visitors or any other

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2931, 4573, 4573.6 and 5054, Penal Code; and Sections 11014.5,
11350–11383, Health and Safety Code.

3012. Theft.
Inmates shall not obtain anything by theft, fraud or dishonesty.
Comment: Former DR-1110, stealing and dealing.

22

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3023

ment of a deliberately mutilated, lost or destroyed card in
accordance with section 3011. An inmate may also be charged for
replacement of a card if a physical change in the inmate’s
appearance is a matter of his or her own choice and the change
occurs within six months of the issue of a new or replacement card.
An inmate will not be charged for replacement of a card because
of a physical change in the inmate’s appearance over which the
inmate has no control.

HISTORY:
1. Renumbering of Section 3017 to Section 3016 filed 9-30-77;
effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 3-2-83; effective thirtieth day thereafter (Register
83, No. 12).
3. Amendment filed 2-17-95 as an emergency; operative 3-1-95
(Register 95, No. 9). This regulatory action was deemed an
emergency pursuant to section 5058(e) of the Penal Code and
remains in effect for 160 days. A Certificate of Compliance must be
transmitted to OAL by 8-8-95 or emergency language will be
repealed by operation of law on the following day.
4. Amendment refiled 8-7-95 as an emergency; operative 8-7-95
(Register 95, No. 32). This regulatory action was deemed an
emergency pursuant to section 5058(e) of the Penal Code and
remains in effect for 160 days. A Certificate of Compliance must be
transmitted to OAL by 1-16-96 or emergency language will be
repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section
11346.1(f) (Register 96, No. 8).
6. Amendment filed 2-21-96 as an emergency; operative 2-21-96
(Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed
by operation of law on the following day.
7. Certificate of Compliance as to 2-21-96 order including amendment
of section heading and section transmitted to OAL 6-18-96 and
filed 7-9-96 (Register 96, No. 28).
8. Amendment of section heading, section and Note filed 8-27-98 as
an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or
emergency language will be repealed by operation of law on the
following day,
9. Amendment of section heading, section and Note refiled 2-3-99 as
an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to
Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 7-13-99 or emergency language will be
repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-3-99 order transmitted to OAL
5-12-99 and filed 6-24-99 (Register 99, No. 26).
11. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

HISTORY:
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Renumbering of section 3020 to section 3019 filed 9-30-77;
effective thirtieth day thereafter (Register 77, No. 40).

3020. Inmate Activity Groups.
(a) Inmates may not establish or participate in the establishment
or activities of any inmate club, inmate activity group, or any
association or organization of inmates within the institution except
as specifically approved by the warden or superintendent, as
provided in Sections 3233–3235.
(b) Inmate participation in an approved activity group will not
be cause to deny or restrict regular correspondence and visitation
rights with persons who are approved to attend and participate in
such inside inmate group activities.
Comment: Former DR-1119, unauthorized organizations.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2079 and 5054, Penal Code.
HISTORY:
1. Amendment of subsection (a) filed 2-24-77; effective thirtieth day
thereafter (Register 77, No. 9).
2. Renumbering of section 3021 to section 3020 filed 9-30-77;
effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment of subsection (a) filed 2-22-79; effective thirtieth day
thereafter (Register 79, No. 8).
4. Amendment of subsection (b) filed 3-2-83; effective thirtieth day
thereafter (Register 83, No. 12).

3021. Falsification of Records or Documents.
Inmates and parolees must not intentionally enter or introduce
false information into or upon any record or document maintained
by the Department of Corrections. Inmates and parolees must not
destroy, delete, remove or otherwise intentionally cause any record
or document maintained by the Department of Corrections to be a
false or incomplete record or document by reason of such action.

3017. Responsibility for Counts.
Inmates must be present at designated times and places for
counts, and must present themselves for count in the manner set
forth in institution procedures.
Comment: Former DR-1116, responsibility for count.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Renumbering of section 3022 to section 3021 filed 9-30-77;
effective thirtieth day thereafter (Register 77, No. 40).

HISTORY:
1. Renumbering of section 3018 to section 3017 filed 9-30-77;
effective thirtieth day thereafter (Register 77, No. 40).

3018. Telephones.
Inmates may not use institution telephones or public coin
operated telephones located on institution property except as
specifically authorized and as described in section 3282. An inmate
must identify himself or herself as an inmate when answering or
making an interinstitution telephone call.
Comment: Former DR-1117, use of telephones.

3022. Equality of Inmates.
No inmate or group of inmates will be given or be permitted to
assume control over other inmates. This does not preclude the use
of inmates as aides or lead persons on work and training assignments when the activity is directed and supervised by responsible
employees.

HISTORY:
1. Renumbering of section 3019 to section 3018 filed 9-30-77;
effective thirtieth day thereafter (Register 77, No. 40).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).

3019. Identification.
Inmates must carry on their person any identification and
privilege card issued for identification purposes, in accordance
with institution procedures. Inmates must not mutilate or destroy
such cards nor possess the card of another inmate. An inmate must
surrender his or her identification card or cards at the request of
any employee. Unless a card is being officially recalled, the card(s)
will be promptly returned to the inmate when staff’s use of the card
has been accomplished. An inmate may be charged for replace-

3023. Gang Activity.
(a) Inmates and parolees shall not knowingly promote, further
or assist any gang as defined in section 3000.
(b) Gangs, as defined in section 3000, present a serious threat to
the safety and security of California prisons.

23

§ 3024

DEPARTMENT OF CORRECTIONS AND REHABILITATION

1998, or any amendments to it; including the DNA, Fingerprint,
Unresolved Crime and Innocence Protection Act.
(2) Whether or not the court advised the convicted person of
this requirement;
(3) If the inmate or parolee was convicted of a state or federal
offense in another state which would constitute an offense as listed
in PC section 296(a);
(4) If notification is received from the DOJ that an inmate’s or
parolee’s specimens already taken for any purpose are not usable
for any reason.
(c) DOJ DNA laboratory may obtain blood specimens from
qualifying persons as defined in PC section 296(a) when it is
determined that such specimens are necessary in a particular case
or would aid the DOJ in obtaining an accurate forensic DNA
profile for identification purposes. Cases requiring blood specimens include, but are not limited to, buccal swab samples that
cannot be properly identified or analyzed by DOJ, or if the inmate
refuses to submit to DNA buccal swab collection, and/or print
impressions.
(d) Newly committed inmates and persons returned to custody
based upon a violation of parole, furlough or any other type of
release, who meet the criteria established in PC section 296(a),
shall, provide the required specimens, samples and print impressions during the reception center process or reasonably promptly
after their transfer to an institution/facility.
(e) Parolees identified as meeting the criteria established in PC
section 269(a) for present and past qualifying offenses, shall
provide the required specimens, samples and print impressions
within five days of notification by the court, or by parole unit staff
at a collection location designated in accordance with PC section
296.1(a)(3)(B).
(f) Only medical staff trained and certified to do so shall draw
blood for collection of specimens; in accordance with standard
medical practices. The specimens, samples, and print impressions
collected pursuant to Penal Code, Part 1, Title 9, Chapter 6,
Articles 1 through 7 (sections 295 et seq.), shall be forwarded
promptly to the DOJ. The collection kit, including all blood
specimen vials, buccal swab collectors, mailing tubes, labels and
instructions for the collection shall be provided by the DOJ. A right
thumbprint, a full palm print impression of each hand, and the
writers palm print impression shall be taken on forms prescribed
by the DOJ. The palm print forms shall be forwarded to and
maintained by the Bureau of Criminal Identification and Information of the DOJ. If a blood specimen is necessary pursuant to
subsection (c), right thumbprints shall be taken at the time of the
collection of samples and specimens, and shall be placed on the
samples and specimen containers and forms as directed by DOJ.
The samples, specimens and forms shall be forwarded to and
maintained by the DNA Laboratory of the DOJ.
(g) Only trained, designated medical, custody, parole staff
and/or local law enforcement shall handle forms or specimens after
their collection.
(h) If a person has been convicted of a state or federal offense
which would constitute an offense as listed in PC section 296(a)
and is transferred or paroled from another state into California, an
agreement to provide these specimens shall be made a condition of
acceptance for supervision in this state.
(i) Any inmate or parolee who refuses to provide any or all of
the following; blood specimens, buccal swab samples, or thumb or
palm print impressions as required by Penal Code, Part 1, Title 9,
Chapter 6, Articles 1 through 7 (sections 295 et seq.), after he or
she has received written notice that he or she is required to provide
specimens, samples, and print impressions is guilty of a misdemeanor. An inmate who refuses shall also be subject to progressive
discipline pursuant to California Code of Regulations, Title 15,
Division 3, Chapter 1, Subchapter 4, Article 5 (section 3310 et
seq.).

(c) For the purpose of specific gang participant identification,
the department categorizes gangs into prison gangs and disruptive
groups as defined in section 3000.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
186.22 and 5054, Penal Code.
HISTORY:
1. New section filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
2. New subsection (b) and subsection relettering filed 1-21-99 as an
emergency; operative 1-21-99 (Register 99, No. 4). Pursuant to
Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 6-30-99 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-21-99 order transmitted to OAL
6-30-99 and filed 8-12-99 (Register 99, No. 33).

3024. Business Dealings by Inmates.
(a) Inmates shall not engage actively in a business or profession
except as authorized by the institution head or as provided in
Section 3104. For the purpose of this section, a business is defined
as any revenue generating or profit making activity. An inmate
who is engaged in a business or profession prior to commitment to
the department shall assign authority for the operation of such
business or profession to a person in the community.
(b) Inmate mail may be rejected by an institution head or
designee for reasons, which include, but are not limited to, the mail
relates the direction of an inmate’s business or profession. This
does not, however, prohibit mail necessary to enable an inmate to
protect property and funds that were legitimately the inmate’s at
the time of commitment.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2600 and 5054, Penal Code; Turner v. Safley 482 US 78 (1987).
HISTORY:
1. New section filed 1-3-95 as an emergency; operative 1-3-95
(Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by
operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g)
(Register 95, No. 30).
3. New section filed 7-25-95 as an emergency; operative 7-25-95
(Register 95, No. 30). A Certificate of Compliance must be
transmitted to OAL by 11-22-95 or emergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-25-95 order including amendment
of section transmitted to OAL 11-17-95 and filed 1-3-96 (Register
96, No. 1).

Article 1.5.

TITLE 15

DNA and Forensic Identification

3025.

Department of Justice DNA and Forensic Identification
Database and Data Bank Program.
(a) All inmates and parolees, including juveniles, committed to
the custody of the department after having been convicted of,
found guilty of, having pled guilty or no contest to, or having been
found not guilty by reason of insanity for, any offense listed in
Penal Code (PC) section 296(a), or whose records indicate a prior
conviction for such an offense, shall provide all of the following
required specimens, to be forwarded to the Department of Justice
(DOJ) as soon as administratively practicable:
(1) Buccal Swab Samples.
(2) Right Thumbprint Impressions.
(3) Full Right and Left Palm Print Impressions.
(4) Writer’s Palm Print Impression.
(5) Any Blood Specimens or other Biological Samples required.
(b) The listed specimens shall be provided under the following
circumstances, unless the inmate’s central file or other records
indicate that all required specimens have already been obtained:
(1) Whether or not the offense predated the enactment of the
DNA and Forensic Identification Database and Data Bank Act of

24

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(j) The use of reasonable force, as defined in section 3268(a)(1),
shall not be authorized without the prior written authorization at
the level of Facility/Correctional Captain or higher, or the administrative officer on duty. The authorization shall include information that reflects the fact that the offender was asked to provide the
requisite specimen, sample, or impressions as required by law, and
that he or she refused to do so.
(k) The use of reasonable force, as defined in section
3268(a)(1), shall be preceded by efforts to secure voluntary
compliance.
(l) If the use of reasonable force to obtain DNA includes a cell
extraction, the extraction shall be videotaped. The videotaping
shall depict all correctional personnel directly involved and the
advisement to the inmate that the requisite specimen, sample or
impressions is required. All incidents that required the use of
reasonable force to obtain DNA samples shall be tracked and
maintained by the institutional DNA coordinator and forwarded to
the assistant director, Law Enforcement Investigative Unit (LEIU).
(m) Any person described in section 3025(a), pursuant to PC
section 298.2, who engages or attempts to engage in any of the
following acts is guilty of a felony:
(1) Knowingly aids in the wrongful collection of a required
specimen, sample, or print impression, with the intent to deceive as
to the origin of a DNA profile.
(2) Knowingly tampers with any specimen, sample, print impressions, or the collection container, with the intent to deceive as
to the identification of the person.

(2) In addition to the items in (1) above, each male inmate shall
be issued:
(A) Jeans, blue denim, three pair.
(B) Shirts, blue chambray, three.
(C) Undershirts, white, four.
(D) Socks, six pair.
(E) Undershorts, white, four pair.
(F) Jacket, blue denim, one.
(G) Belt, web, one.
(3) In addition to the items in (1) above, each female inmate
shall be issued:
(A) Blouses/T-shirts, three.
(B) Slacks, three pair.
(C) Bras, three each six months.
(D) Dress, muumuu, robe or duster; one.
(E) Coat, one.
(F) Panties, five pair each six months.
(G) Nightgown, one.
(H) Socks, six pair.
(I) Pregnant inmates shall be issued one additional, larger pair
of shoes.
(c) Inmates shall possess only those items of personal clothing
specifically authorized by the institution head and acquired pursuant to these regulations.
(d) During interdepartmental transportation, male inmates shall
wear a red, one-piece outer garment and female inmates shall wear
an orange, two-piece outer garment; and all shall wear state-issued
shoes, socks, and underclothes; and may possess one handkerchief.
(e) Inmates transported for appearance in court shall wear clean
state-issued clothing, unless otherwise ordered by the court.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 295–300.3 and 5054, Penal Code.
HISTORY:
1. New article 1.5 (section 3025) and section filed 9-20-99 as an
emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to
Penal Code section 5058(e) a Certificate of Compliance must be
transmitted to OAL by 2-28-2000 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-20-99 order transmitted to OAL
1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
3. Amendment filed 10-4-2002 as an emergency pursuant to a
certificate of operational necessity under Penal Code section
5058.3; operative 10-4-2002 (Register 2002, No. 40). Pursuant to
Penal Code section 5058.3, this filing is deemed an emergency and
a Certificate of Compliance must be transmitted to OAL by
3-13-2003 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 10-4-2002 order, including further
amendment of subsections (e) and (i), transmitted to OAL 3-122003 and filed 4-8-2003 (Register 2003, No. 15).
5. Amendment filed 8-23-2005; operative 8-23-2005. Submitted to
OAL for printing only pursuant to Penal Code section 295(h)(2)
(Register 2005, No. 34).

Article 2.

§ 3032

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.
HISTORY:
1. Amendment of article heading, section heading, and newly designated subsection (a), renumbering and amendment of former
subsection 3032(a) to 3030(b), renumbering and amendment of
former subsection 3032(b) to 3030(c), and new subsections (d) and
(e) and Note filed 7-9-92; operative 8-10-92 (Register 92, No. 28).
2. Amendment of subsections (b)(3)(C)–(D) and new subsection
(b)(3)(I) filed 3-6-2008; operative 4-5-2008 (Register 2008,
No. 10).

3031. Neatness and Laundry Exchange.
Inmates shall be appropriately clothed at all times, consistent
with the specific unit, work or program activities and as directed
by staff. Inmate clothing shall be worn in the manner in which it
was manufactured to be worn.
(b) Each inmate shall maintain issued clothing and linen as neat
and clean as conditions permit. Weekly laundry exchange shall be
provided on a one-for-one basis limited as follows:
(1) Shirts or blouses, two.
(2) Jeans or slacks, two pair.
(3) Undershirts, three.
(4) Undershorts, or panties, three pair.
(5) Sheets, two.
(6) Pillow case, one.
(7) Socks, three pair.
(8) Towels, two.

State-Issued Inmate Clothing and Linen

3030. Issuance and Possession of State Clothing and Linen.
(a) Each inmate shall be provided state clothing and linen
pursuant to this section. Each item issued shall remain state
property for which the inmate shall be accountable. State items
shall be recalled and exchanged as directed by the institution head.
(b) Inmates shall possess only those items of state clothing and
linen issued to them. Below are the standard inmate issues:
(1) Each inmate shall be issued:
(A) Work shoes, one pair.
(B) Sheets, two.
(C) Pillow case, one.
(D) Towels, two.
(E) Blankets, two.
(F) The distinctive, protective and/or extra clothing required by
the climate and/or the inmate’s job assignment.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment of section heading, section and new Note filed 7-9-92;
operative 8-10-92 (Register 92, No. 28).

3032. Alteration of Clothing.
(a) Inmates shall not alter or dispose of damaged or worn out
personal or state-issued clothing or linen in any manner without
specific authority to do so. If the regular issue of clothing or linen

25

§ 3033

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(4) Safekeeping of the inmate.
(5) Safety of persons and the general public.
(d) Despite an inmate’s assignment to a program mutually
agreed upon in a classification committee hearing, or pending such
a hearing, or pending assignment to a designated program, or
during any period when the designated program is temporarily
suspended, or in the absence of the inmate’s agreement to
participate in any program activity, any able-bodied inmate may be
assigned to perform any work deemed necessary to maintain and
operate the institution and its services in a clean, safe and efficient
manner. Operational needs may always override a program assignment.
(e) Inmates assigned to clerical duties and office work positions, requiring an extensive amount of staff/inmate interaction,
such as clerks and teachers’ aides, shall be rotated at regular
intervals to other positions within the institution even though that
may result in lower pay, or no pay at all, to the inmate being rotated
out of the position. The institution head shall determine the
rotation schedule based upon security needs of the institution.
Assignments to such positions shall not exceed a two-year period.
Routine rotation shall not affect the inmates’ work/training group
designation, although it may divest the inmate of a paid position.
(f) Any staff request for removal of an inmate from a program
shall be submitted to the inmate’s correctional counselor on a CDC
General Chrono Form. The counselor shall refer the request to a
classification committee for consideration and action. If a request
is for cause, defined as behavior that would result in loss of
participation credit pursuant to section 3043.2(a), the inmate may
be temporarily relieved of the position and denied pay (if a paid
position), pending classification committee action.
(g) Work assignments, in lieu of enrollment and participation in
education, vocational, therapeutic or other institution program
assignments, may be made with or without the inmate’s consent by
a classification committee, a staff member designated as an inmate
assignment officer, or by any staff member responsible for the
supervision of an unassigned inmate.
(h) Inmates who have a history of computer fraud or abuse,
including documented institutional disciplinary action involving
computer fraud or abuse, shall not be placed in any vocational or
work assignment that provides access to a computer.
(i) A job description shall be developed for each inmate
work/training position, establishing the minimum standards of
acceptable participation and performance and the possible consequences of failure or refusal to meet the standards. The inmate
shall sign a copy of the job description, indicating acceptance of
the conditions of employment, and shall receive a copy.
(j) The allocation of paid inmate work/training assignments on
an institution-specific basis shall be made by the institution’s
inmate pay committee. Each institution shall administer an inmate
pay program consistent with the budget allotted for such assignments. As directed and in accordance with section 3380, Department and institutional inmate pay committees shall administer
inmate rate and wage matters subject to these regulations.
(k) An inmate’s assignment to a paid position is a privilege
dependent on available funding, job performance, seniority and
conduct. These factors shall be criteria considered in determining
an inmate’s eligibility for pay earning status and rate of pay.
(l) The following inmate assignments shall not be considered
paid work/training assignments.
(1) Inmate advisory council members (except the chairperson
and secretary).
(2) Vocational student assignments (however, exceptions may
be made where the inmate is enrolled in a bona fide apprenticeship
program or performs work that provides a benefit to the institution
and/or public).
(3) Academic student assignments.
(4) Substance abuse or therapeutic program assignments.

does not meet an inmate’s special physical/health needs, the chief
medical officer may authorize a special issue to that inmate based
upon a medical necessity as defined in section 3350(b)(1). Upon
staff verification, a state-issued item, which is lost or damaged
through no fault of the inmate, shall be replaced without charge to
the inmate.
(b) An inmate shall not alter personally owned clothing in any
manner that would change its characteristics or style from that
originally approved by the institution head.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Renumbering and amendment of former subsection 3032(a) to
3030(b), and former 3032(b) to 3030(c), and renumbering and
amendment of former section 3033 to 3032 filed 7-9-92; operative
8-10-92 (Register 92, No. 28).
2. Amendment of subsection (a) filed 2-17-95 as an emergency;
operative 3-1-95 (Register 95, No. 9). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal
Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language
will be repealed by operation of law on the following day.
3. Amendment of subsection (a) refiled 8-7-95 as an emergency;
operative 8-7-95 (Register 95, No. 32). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal
Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency
language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section
11346.1(f) (Register 96, No. 8).
5. Amendment of subsection (a) filed 2-21-96 as an emergency;
operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance
must be transmitted to OAL by 6-20-96 or emergency language will
be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment
of subsection (a) transmitted to OAL 6-18-96 and filed 7-9-96
(Register 96, No. 28).

3033.

Alteration.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Editorial correction of printing error (Register 92, No. 5).
2. Renumbering of former section 3033 to 3032 filed 7-9-92; operative 8-10-92 (Register 92, No. 28).

Article 3.

TITLE 15

Work and Education

3040. Participation.
(a) Every able-bodied person committed to the custody of the
Secretary of the Department of Corrections and Rehabilitation is
obligated to work as assigned by department staff and by personnel
of other agencies to whom the inmate’s custody and supervision
may be delegated. Assignment may be to a full day of work,
education, or other program activity, or to a combination of work
and education or other program activity.
(b) Inmates assigned to a physical fitness program as part of a
work incentive program shall be held to the same obligations/
participation requirements governing other vocational, educational, or work assignments.
(c) Except as provided in sections 3040.2(d) and 3040(e), a
classification committee shall assign each inmate to an appropriate
work, education, vocation, therapeutic or other institution program, taking into account the:
(1) Inmate’s expressed desires and needs.
(2) Inmate’s eligibility for and availability of the desired work
or program activity.
(3) Institution’s security and operational needs.

26

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3040.2

(1) Inmates who have been housed in a Security Housing Unit
at any time during the preceding 12 months as a result of a guilty
finding in a disciplinary action for assault and/or battery with force
sufficient to cause serious injury or other rule violations classified
as Division A-1, as listed in Section 3323(b);
(2) Inmates who have been housed in a Protective Housing Unit
at any time during the preceding 12 months;
(3) Inmates who are currently members or associates of a prison
gang, as certified by a Institution Gang Investigator;
(4) Inmates who have active or potential felony holds from any
jurisdiction which could result in an increase in sentence length;
(5) Inmates who have active or potential United States Immigration and Naturalization Service holds;
(6) Inmates who are enrolled in Inpatient or Enhanced Outpatient Program (EOP) services.
(d) Inmates who meet the initial screening requirements for
placement in an SAP shall be identified in the department’s data
processing system record by the placement of an ‘‘S’’ in the
Eligibility Identifier field of the database.
(e) Final consideration prior to assignment to an SAP:
(1) Inmate’s classification score and administrative determinants, established in accordance with section 3375, shall be
appropriate to the facility where the SAP is located;
(2) Inmate’s remaining time to serve shall be within the
minimum length of participation required for the SAP as established at that institution.
(f) Inmates assigned to an SAP are subject to the program
participation requirements listed in Section 3040, and the performance requirements of section 3041, and shall be placed in a
work/training incentive group consistent with the provisions of
section 3044. Inmates who fail to comply with program participation and/or performance requirements shall be subject to the
methods of discipline defined in section 3312.
(g) Inmates who participate in an SAP shall not be eligible for
placement in a Community Correctional Reentry Facility unless
that facility provides a continuation of SAP activities.
(h) Inmates eligible for SAP placement who are housed in
Conservation Camps or Minimum Support Facilities shall participate in an SAP only if one is available at that facility.
(i) A community services plan shall be developed by SAP staff
for each inmate being paroled from an SAP.

(5) Any other specific work/training assignment deemed ‘‘nonpay’’ by the inmate pay committee of the institution/facility.
NOTE: Authority cited: Sections 2700, and 5058, Penal Code.
Reference: Section 1182, Labor Code; and Sections 502, 2079, 2702,
2933, 5054 and 5068, Penal Code.
HISTORY:
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to
Government Code Section 11346.2(d) (Register 83, No. 19).
3. New subsection (e) 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. New subsection (e) 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. New subsection (e) 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. Editorial correction of HISTORY 7. only changing Register 88,
No. 16 to Register 88, No. 24 (Register 88, No. 34).
9. Certificate of Compliance as to 6-2-88 order transmitted to OAL
9-26-88 and filed 10-26-88 (Register 88, No. 50).
10. Amendment of subsection (b), new subsection (d) and subsection
renumbering filed 12-20-91 as an emergency; operative 12-20-91
(Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL by 4-20-92 or emergency language will be
repealed by operation of law on the following day.
11. Certificate of Compliance as to 12-20-91 order transmitted to
OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
12. Renumbering and amendment of former section 3220.2 to subsection 3040(b) and subsection redesignation filed 6-30-95 as an
emergency; operative 7-1-95 (Register 95, No. 26). A Certificate
of Compliance must be transmitted to OAL by 12-7-95 or
emergency language will be repealed by operation of law on the
following day.
13. Certificate of Compliance as to 6-30-95 order transmitted to OAL
11-22-95 and filed 1-8-96 (Register 96, No. 2).
14. New subsection (g), subsection relettering, and amendment of
Note filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
15. New subsection (e) and subsection relettering filed 2-13-2001;
operative 3-15-2001 (Register 2001, No. 7).
16. Amendment of subsections (a)–(c), (d)–(f) and (i), new subsections (j)–(l)(5) and amendment of Note filed 5-3-2004; operative
6-2-2004 (Register 2004, No. 19).
17. Amendment of subsections (a), (c) and (e) filed 6-9-2006;
operative 7-9-2006 (Register 2006, No. 23).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 8-28-98 as an emergency; operative 8-28-98
(Register 98, No. 35). Pursuant to Penal Code section 5058(e), a
Certificate of Compliance must be transmitted to OAL by 2-4-99 or
emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 8-28-98 order, including amendment of section, transmitted to OAL 2-2-99 and filed 3-18-99
(Register 99, No. 12).
3. Amendment of subsection (c)(3) filed 5-25-2006; operative 5-252006 pursuant to Government Code section 11343.4 (Register
2006, No. 21).

3040.1. Substance Abuse Programs for Inmates.
(a) Prisons may establish substance abuse programs (SAP) as
work/training incentive assignments to provide education, work,
and other program activities. An SAP is not intended to provide
medical or mental health treatment. Available services and duration of programs may vary, depending upon each participating
prison’s security needs and space availability.
(b) A classification committee may consider inmates who have
a documented history of substance abuse for placement in the
SAP; placement may be voluntary or involuntary. Inmates who
volunteer for participation in the SAP shall be given priority
placement.
(c) Inmates with the following case factors shall not be placed
in an SAP:

3040.2. Bridging Education Program.
(a) Each prison shall establish Bridging Education Programs as
work/training incentive assignments to provide education programming. Inmates who are undergoing reception center processing, and are day-for-day credit eligible per Penal Code section
2933, will be assigned to the Bridging Education Program upon
their arrival at the reception centers. Inmates who are day-for-day
credit eligible, who are housed in general population institutions,
will be eligible to be assigned to the Bridging Education Program.
(b) An inmate’s participation in the Bridging Education Program will be evaluated on course curriculum, instructor evaluation,

27

§ 3041

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

typing, filing, and handling information under the supervision of
employees of the Department, and for no other purpose.
(2) Pursuant to Civil Code Section 2318 inmate ‘‘special
agents’’ are specifically deprived of the authority to disobey
instructions as described in Civil Code Section 2320.

and completed assignments. Assignment to an approved Bridging
Education Program shall qualify as a full-time assignment in Work
Group A-1.
(c) Inmates with the following case factors shall not be placed
in Bridging Education Programs:
(1) Inmates who do not meet the criteria to earn day-for-day
credits per Penal Code section 2933, or are sentenced to an
indeterminate term, who are undergoing reception center processing.
(2) Inmates who do not meet the criteria to earn day-for-day
credits per Penal Code section 2933, or are sentenced to an
indeterminate term, who are housed at a general population
institution.
(3) Inmates who are housed in segregated housing (e.g., Administration Segregation Unit, Security Housing Unit, Psychiatric
Services Unit, etc.).
(4) Inmates housed in facilities where the Bridging Education
Program is not available (e.g., Community Correctional Facilities,
Department of Mental Health, etc.).
(d) The reception center Inmate Assignment Officer shall have
the authority to initiate a classification action to assign inmates to
reception center Bridging Education Programs and affect a work/
training group change. When taking such an action, notification
and classification procedural safeguards as described in sections
3375(e) and 3375(f) of these regulations shall not be required.
(e) General population inmates may be assigned to Bridging
Education Programs following a classification committee review
as detailed in section 3376.
(f) A classification committee action shall not be required to
remove inmates from Bridging Education Programs if no other
changes in work/training group, custody designation or work
waiting list is required.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; and Sections 2297, 2318, 2320 and 1798 et seq.,
Civil Code.
HISTORY:
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. New subsections (e)–(e)(2) and Note filed 2-22-95; operative
3-24-95 (Register 95, No. 8).
3. Amendment of subsection (a) and new subsections (b)(1)–(2) filed
5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
4. Amendment of subsection (b)(1) filed 6-9-2006; operative 7-92006 (Register 2006, No. 23).

3041.1. Paid Inmate Work/Training Assignment Criteria.
(a) Inmate work/training supervisors, in accordance with section 3040(d), shall fill vacant paid inmate assignments based on the
following criteria:
(1) Skill level evidenced by the inmate’s technical expertise,
ability, and knowledge.
(2) Behavior and relationships with others evidenced by the
inmate’s ability to deal with staff and other authority figures,
work/training supervisors, and other inmates.
(3) Attitude and adaptability evidenced by the inmate’s willingness to learn and to take directions.
(4) Work/training habits evidenced by the inmate’s punctuality,
dependability, care of equipment, and safety practices.
(5) Formal education and training evidenced by the inmate’s
preparation for the assignment and ability to read, write, and speak
effectively.
(6) Mission and physical plant of the institution/facility.
(7) Ethnic balance. Ethnic balance is achieved by having the
facility’s White, Black, Hispanic, American Indian, and other
identified ethnicities in the inmate population proportionately
represented in the number of paid assignments at the facility.
(b) Each institution/facility shall establish an application process for selection of skilled workers to fill paid positions.
(c) Inmates assigned to paid positions will be paid from the
fund or allotment of the institution’s/facility’s support budget.
(d) All paid work/training assignments shall be ranked in
sequential order of technical skill required. The United States
Department of Labor Dictionary of Occupational Titles (DOT)
shall be used to maintain consistency throughout the Department
when determining skill levels.

NOTE: Authority cited: Sections 5058, Penal Code. Reference: Sections 2933 and 5054, Penal Code.
HISTORY:
1. New section filed 6-9-2006; operative 7-9-2006 (Register 2006,
No. 23).

3041. Performance.
(a) Inmates must perform assigned tasks diligently and conscientiously. Inmates must not pretend illness, or otherwise evade
attendance or avoid performance in assigned work and program
activities, or encourage others to do so.
(b) Inmates must report to their place of assignment at the time
designated by the institution’s schedule of activities and as
instructed by their assignment supervisor. Inmates may not leave
an assignment without permission to do so.
(1) Time and payroll credits for paid inmate workers shall be
documented on timekeeping logs maintained by work supervisors
in accordance with section 3045.
(2) The duration of an unauthorized absence from a compensated assignment shall be documented and under no circumstances
shall an inmate be paid under the authority of section 3041.2 for
time not worked.
(c) Inmates must perform their work and program assignments
in a safe manner, using safety equipment as instructed by their
assignment supervisor.
(d) Inmates assigned to educational, vocational, or other training programs must cooperate with the instructor or the person in
charge, and must comply with instructions, and all requirements
for participation in the assigned activity.
(e) Inmates in assignments where they will type, file, or
otherwise handle any nonconfidential information pertaining to
another inmate shall comply with all state Information Practices
Act (Civil Code Sections 1798, et seq.) requirements.
(1) For purposes of this section inmates in such assignments are
designated ‘‘special agents’’ of the Department of Corrections as
defined in Civil Code Section 2297, for the limited purposes of

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 2-28-95; operative 3-30-95 (Register 95, No. 9).
2. Amendment filed 5-3-2004; operative 6-2-2004 (Register 2004,
No. 19).

3041.2. Inmate Pay Rates, Schedule and Exceptions.
(a) Pay rates at each facility for paid inmate assignments shall
be commensurate with the level of skill and productivity required
and shall be set with the assistance of the Institutional Inmate Pay
Committee. Pay rates shall be in accord with the following general
pay schedule adopted and revised by the Director pursuant to the
Administrative Procedures Act.

28

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(b) Inmates shall not access any computer connected to a local
area network (LAN), except as approved by the ISO; nor shall
inmates access any computer which has any type of direct, outside
communication capability, except as provided in section 3370(b).
(c) Only those computer programs developed by inmates that
are written in a programming language approved by the ISO shall
be authorized for use.
(1) The use of inmates as programmers and system experts shall
be prohibited where there is a risk to the information assets of the
department or the public, as determined by the institution head or
the ISO. Inmates shall not be used as programmers or system
experts for departmental business applications, systems, and data.
(2) Inmates assigned to one computer for work, vocation or
education shall not be assigned to, or permitted to use, any other
computer, except as approved by the ISO.
(d) Area where inmates are authorized to work on computers
shall be posted as such. Each computer in a facility shall be labeled
to indicate whether or not inmate access is authorized.
(e) Inmates shall not access any computer that contains or is
capable of accessing, or is connected to, other computers containing sensitive or confidential information, except as provided in
section 3370(b).
(f) Inmates shall not use or be informed of any computer
password. Passwords shall be set only by the supervising staff.
(g) Inmates shall not have access to diskettes or any other
electronic storage media, except within an area approved by the
institution head.
(h) Inmates shall not possess a computer as part of their
personal property.
(i) Inmates shall not access or use any computer-based tool or
program that is capable of destroying or corrupting stored data,
except as provided in sections 3041.3(m) and 3370(c).
(j) Inmates who have a record of computer fraud or abuse shall
not have access to a computer.
(k) No communication capabilities; e.g., telephone lines, data
lines, or telephone access punch panels, shall be permitted in any
area where inmates are allowed to access computers, except as
approved by the ISO.
(l) Inmates shall not directly access or alter any computer’s
operating system, except as provided in sections 3041.3(m) and
3370(b), or authorized by the ISO.
(m) Inmate refurbishing of computers shall be permitted only as
part of a program that has been approved, and subject to all
requirements established, by the institution head and ISO. An
unclothed body search shall be conducted on each inmate prior to
their exiting any area where a computer refurbishing program
exists.
(n) Each parole office shall ensure the security of computers,
LANs, and modems or other communication devices used in that
office from unauthorized access by parolees. The unit supervisor
of each parole office shall be responsible for enforcement of this
subsection.

(b)(1) Pay Schedule
Skill Level

Level 1
Lead Person
Level 2
Special Skill
Level 3
Technician
Level 4
Semi-Skilled
Level 5
Laborer

Minimum/Maximum
Hourly

$0.32

$0.37

$0.19

$0.32

$0.15

$0.24

$0.11

$0.18

$0.08

$0.13

Minimum/Maximum
Monthly

DOT
$48
DOT
$29
DOT
$23
DOT
$17
DOT
$12

§ 3041.3

Skill Level 9
$56
Skill Levels 7–8
$48
Skill Levels 5–6
$36
Skill Levels 3–4
$27
Skill Levels 1–2
$20

(2) Monthly rates shall apply to full time employment in the
job classifications and shall be paid from the support budget or
inmate welfare funds. Hourly rates shall apply to half time and
partial full time paid employment.
(b) Exceptions to the above schedule may be made in
extraordinary circumstances. A wage comparable to that paid to
inmates in the Prison Industry Authority inmate pay program
may be paid for special projects or assignments that require a
high degree of skill or expertise. Other exceptions may also be
made in order to fill positions when recruitment or retention of
inmate workers is a problem. Any exceptions based upon this
subsection shall require approval, review and justification on
an annual basis by the institution head or designee.
(c) Pay increases shall not be automatic or based on the
inmate’s longevity in an assignment. Increases or reductions in
the pay rate shall be based on the work/training supervisor’s
recommendation, the inmate’s work/training performance reports, subject to review and approval of the work/training
incentive coordinator and the inmate assignment authority.
(d) Inmates may receive a pay increase only on a quarterly
basis and only until the maximum pay rate for that assignment
is obtained.
(e) Inmate performance rating and total hours in job categories shall be reviewed when changes in job classifications are
being considered. Inmates approved for advancement to a
higher skill classification shall enter the new classification at a
pay grade equal or greater to their pervious pay grade in the
lower skill, unless the new assignment is to a non-paid position.
(f) The reason for any reduction in an inmate’s pay rate,
including either removing the pay status or decreasing the pay
level from an assigned position or reassigning the inmate to a
non-paid or lower paid position, shall be documented in the
inmate’s central file as follows:
(1) When the reason for a pay reduction is misconduct,
including the inmate’s willful refusal or failure to work as
directed, the matter shall be reported in accordance with
Sections 3314 and 3315 as appropriate.
(2) When the reason for a pay reduction is not the fault of
the inmate, including their inability to satisfactorily perform
the required duties after a reasonable effort to do so, the matter
shall be documented on a CDC General Chrono.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 502, 502.7 and 2702, Penal Code.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2811 and 5054, Penal Code.
HISTORY:
1. New section filed 2-28-95; operative 3-30-95 (Register 95, No. 9).
2. Amendment of section heading, section and Note filed 5-3-2004;
operative 6-2-2004 (Register 2004, No. 19).

HISTORY:
1. New section filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
2. Amendment of section heading and new subsection (n) filed
1-31-2002; operative 3-2-2002 (Register 2002, No. 5).
3. Change without regulatory effect amending subsection (b) filed
5-6-2003 pursuant to section 100, title 1, California Code of
Regulations (Register 2003, No. 19).
4. Amendment of subsection (n) filed 12-9-2008; operative 1-8-2009
(Register 2008, No. 50).

3041.3. Inmate/Parolee Access to Computers.
(a) Inmates shall not access any computer outside of their
authorized work, vocational, or educational assignment, except as
authorized by the department’s information security officer (ISO).

29

§ 3042

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Article 3.5.
3042.

Credits

TITLE 15

may earn a reduction in their term of imprisonment from the date
of reception by the department or effective date of the waiver. Such
credit reduction may be earned for participation in work, educational or vocational training assignments.
(5) Case records staff shall process and calculate inmate time
credits and release dates based upon information provided by the
courts and program staff.
(A) Any classification or inmate appeal action affecting an
inmate’s release date, including a change in work group status or
credit forfeitures and restorations, shall be forwarded to case
records staff. Inmates shall be provided a copy of any change in
their release dates.
(B) Case records staff shall compute worktime credits. The
resultant new legal status summary (LSS) shall be forwarded to the
inmate. The inmate shall sign a receipt for each LSS provided.
(d) Life-term inmates.
(1) Pursuant to PC section 2933, worktime credits shall be
applied to reduce the minimum terms of life inmates sentenced
only under PC sections 191.5(d), 217.1(b), 667.51(d), 667.7(a)(1)
and PC 667.75.
(2) Inmates sentenced to life terms with determinate sentence
law (DSL) enhancements or with a consecutive DSL term shall,
except where otherwise prohibited by law, be eligible to receive
worktime credits on such terms pursuant to PC section 2933.
(e) Jail confinement. A reentry inmate who is confined in a local
jail pending an investigation or disciplinary action, shall be
classified and placed in an appropriate work group pursuant to
section 3045.1.
(f) Return from work furlough. An inmate returned to an
institution due to disciplinary action or refusal to participate in
assigned work, education or vocational assignment shall be placed
in work/training group A-2, one-third credit earning, or to group C
(non-credit earning) by a re-entry classification committee.
(g) Credits for interstate transfer inmates. The Western Interstate Corrections Compact and the Interstate Corrections Compact
Agreement enable the Department to transfer and exchange
prisoners with other states.
(1) Inmates who agree to serve their term in another state or a
federal institution, or who are serving a concurrent term in another
jurisdiction, shall be eligible to earn worktime credits as authorized
under the provisions of Penal Code section 2933.
(2) Before such credit can be awarded, the inmate’s work/
program participation must be verified by a delegated official of
the host institution and reported to the department.
(h) Heroic acts and exceptional assistance. Up to 12 months
reduction of sentence may be awarded for the following acts:
(1) Acts preventing loss of life or injury to the public, staff, or
other inmates.
(2) Acts preventing significant loss or destruction of property.
(3) Providing sworn testimony in judicial proceedings involving prosecution of a felony offense which occurred within the
prison.

Credit for Participation.

HISTORY:
1. Repealed and new section filed 5-13-77; effective thirtieth day
thereafter (Register 77, No. 20).
2. Amendment filed 6-30-77 as an emergency; effective upon filing
(Register 77, No. 27).
3. Amendment filed 9-29-77 as an emergency; effective upon filing.
Certificate of Compliance included (Register 77, No. 40).
4. Change without regulatory effect repealing section 3042 pursuant
to section 100, title 1, California Code of Regulations (Register 88,
No. 38).
5. Editorial correction to replace section in proper sequence (Register
91, No. 14).

3043. Credit Earning.
Presentence. Credit for time served on a term prior to sentencing
shall be awarded by the sentencing court pursuant to sections
2900.1, 2900.5 and 4019 of the Penal Code.
(a) Behavior. All inmates serving a determinate term of imprisonment for a crime committed before January 1, 1983, who have
not waived the time credit provisions of Penal Code section 2931,
shall be credited with a one-fourth reduction on their term of
imprisonment, unless all or part of such good behavior credit is
denied or forfeited as the result of disciplinary action in the
amounts listed in section 3323. Such credit shall be calculated
from July 1, 1977 or the date of reception by the department,
whichever is later.
(1) Except where otherwise prohibited by law, inmates sentenced under Penal Code section 190 to an indeterminate term of
15 years-to-life or 25 years-to-life and received by the department
on or after May 27, 1987 shall be credited with a one-fourth
reduction on their minimum eligible parole date, unless all or part
of such good behavior credit is denied or forfeited as the result of
disciplinary action in the amounts listed in section 3323.
(b) Participation. All inmates described in subsection (a) shall
be credited with a one-twelfth reduction on their term unless all or
part of such participation credit has been denied or forfeited as the
result of disciplinary action for failure or refusal to participate and
perform work and/or program assignments as ordered or directed.
(c) Work time.
(1) Inmates who have received involuntary civil commitment
for narcotic addiction for an offense perpetrated on or after January
1, 1983 are not entitled to credits for good behavior or participation. Good time/participation credits shall not be calculated for
new commitments received on or after August 31, 1995. Time shall
be calculated in accordance with the entire sentence imposed by
the court including any presentence or postsentence credits which
have been granted.
(2) Civil Addict Commitments received prior to August 31,
1995 who are confined at California Rehabilitation Center (CRC)
or a branch of CRC and are within 90 days of reaching their
Custody Expiration Date (CED) which precedes their Program
Expiration Date (PED); outpatients who are returned to CRC or a
branch of CRC; and outpatient violators received prior to August
31, 1995 who have not previously elected to continue participation
in the Civil Addict program shall be given two options:
(A) Remain in the Civil Addict Program, or
(B) Request exclusion from the Civil Addict Program and
referral to the committing court for the vacating of Civil Addict
Commitment and further proceedings on the criminal charges.
(3) The inmate’s choice shall be indicated and signed utilizing
the CDC Form 1840 (Rev. 12/95).
(4) Except where otherwise prohibited by law, inmates serving
a determinate term of imprisonment for a crime committed on or
after January 1, 1983, or who have waived their right to behavior
and participation credits as provided in Penal Code section 2934,

NOTE: Authority cited: Sections 2700 and 5058, Penal Code. Reference: Sections 2931, 2933, 2935, 5054, 6260, 11189 and 11190, Penal
Code; Section 3201, Welfare and Institutions Code; In re Monigold,
205 Cal. App. 3d 1224, and People v. Jones, 44 Cal.Rptr.2d 164 (Cal.
1995).
HISTORY:
1. Change without regulatory effect amending subsections (a), (c) (1)
and NOTE pursuant to section 100, title 1, California Code of
Regulations filed 12-28-89 (Register 90, No. 1). For prior history,
see Register 88, No. 50.
2. Amendment of subsection (c) and redesignated subsection (e), new
subsection (d) and subsection renumbering filed 12-20-91 as an
emergency; operative 12-20-91 (Register 92, No. 4). A Certificate
of Compliance must be transmitted to OAL 4-20-92 or emergency
language will be repealed by operation of law on the following day.

30

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

3. Editorial correction of printing errors (Register 92, No. 4).
4. Certificate of Compliance as to 12-20-91 order including amendment of subsection (d)(2) transmitted to OAL 4-20-92 and filed
5-28-92 (Register 92, No. 24).
5. Editorial correction of subsection (c)(2)(A) (Register 95, No. 42).
6. New subsections (c)(1)–(3) and subsection renumbering, and
amendment of Note filed 2-20-96 as an emergency; operative
2-20-96 (Register 96, No. 8). A Certificate of Compliance must be
transmitted to OAL by 7-29-96 pursuant to Penal Code Section
5058(e) or emergency language will be repealed by operation of
law on the following day.
7. Certificate of Compliance as to 2-20-96 order transmitted to OAL
6-17-96 and filed 7-23-96 (Register 96, No. 30).
8. Amendment of subsections (a)(1), (c)(4), (c)(5), (c)(5)(B), (d)(1),
(g) and (g)(1) filed 6-9-2006; operative 7-9-2006 (Register 2006,
No. 23).

§ 3043.1

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5, 832.5, 2934, 3058.6, 3058.9 and 5054,
Penal Code.
HISTORY:
1. Certificate of Compliance including amendments transmitted to
OAL, 3-22-83 and filed 4-27-83 (Register 83, No. 18).
2. Amendment of subsection (c) and new subsection (d) 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 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 83, No. 16).
4. Amendment of subsection (c) and new subsection (d) 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.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment of subsection (c) and new subsection (d) 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.
7. Certificate of Compliance including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
8. Change without regulatory effect of subsection (a) pursuant to
section100, title 1, California Code of Regulations filed 12-28-89
(Register 90, No. 1) .
9. New subsection (c), amendment of redesignated (d) and subsection
renumbering filed 12-20-91 as an emergency; operative 12-20-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by
operation of law on the following day.
10. Editorial correction of printing errors (Register 92, No. 4).
11. Certificate of Compliance as to 12-20-91 order transmitted to
OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
12. Amendment of subsection (e) and Note filed 5-22-2006; operative
5-22-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).

3043.1. Waiver.
(a) Inmates serving a determinate term of imprisonment may
waive the right to receive behavior and participation credit and
thereafter be eligible to earn worktime credits in the amounts
provided for in section 3043 (c).
(1) Inmates serving an indeterminate term of imprisonment of
15 years-to-life, or 25 years-to-life shall not be entitled to waive
their right to behavior and participation credits to earn Penal Code
section 2933 worktime credits to reduce their minimum eligible
parole dates.
(2) Inmates sentenced under Penal Code section 190 to an
indeterminate term of imprisonment of 15 years-to-life or 25
years-to-life received by the department prior to May 27, 1987,
who waived their right to behavior and participation credits shall
not be entitled to earn Penal Code section 2933 worktime credits
after February 15, 1989 to reduce their minimum eligible parole
date.
(b) All credit attributable to the portion of the inmate’s sentence
served prior to the effective date of the waiver shall be retained by
the inmate unless such credit has been forfeited for a disciplinary
offense. This credit includes all presentence custody and good
behavior credit; credit granted under Penal Code Section 4019;
post-sentence credit; actual days in custody from date of reception
and behavior and participation credit attributable to that actual
custody.
(c) Eligible inmates wishing to receive worktime credits pursuant to PC section 2933 shall present a signed time credit waiver
form to their caseworker who shall:
(1) Verify the qualifying program.
(2) Enter the effective date of the waiver upon the credit waiver
form.
(3) Forward the form to the facility’s records office for placement into the inmate’s central file.
(d) The credit waiver shall be effective on January l, 1983 if
signed on or prior to that date. If signed at a later date, such waiver
shall be effective on the date the inmate’s assignment to a credit
qualifying program is verified. In instances where any inmate
serving a sentence prior to January 1, 1983 was not provided with
an opportunity to sign a credit waiver, the waiver shall be effective
on the date the inmate would otherwise have been eligible because
of a qualifying work/training assignment. Accepted waivers shall
be irrevocable.
(e) A waiver shall not be accepted from an inmate within 30
days of their release date or if the waiver is retroactive and
recomputation of sentence credits would make the inmate overdue
for release, or if granting the credit waiver will prevent notification
to local law enforcement officials of the release of inmates
described in Section 3327(c)(2) in the 45-day time frame required
by law.

STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC FORM 916 (REV 7/88)
TIME CREDIT WAIVER (PC 2934)
I _____________________________________________________
(print name)
having been committed for an offense which occurred prior to January
1, 1983, understand that conduct credit is granted to me pursuant to
Penal Code section 2931. I am aware that under Penal Code section
2931 my term is reduced by one-third for good behavior and
participation. Such credit reduction is granted at the time of reception
into the Department of Corrections and can be taken away only for a
disciplinary offense or for failure to participate in assigned activities.
(CCR 3043.1)
I hereby waive my rights to the provisions of Penal Code section
2931. By making this voluntary waiver, I request that future Time
Credit be granted pursuant to Penal Code section 2933. Such credit
must be earned and will be awarded only after it is earned. This waiver
will be effective only when accepted by the Department. I am also
aware that this waiver is irrevocable. (CCR 3043.1)
I am aware and understand that Time Credit will be granted, based
upon my actual performance in the work group to which I am assigned,
as follows: (CCR 3043.1)
Full-Day Assignment: For each six months of full time assignment,
six months credit or one day credit for each day assigned for a lesser
period. (CCR 3044)
Half-Day Assignment: For each six months of one-half day assignment or enrollment in a two or four-year college program leading to a
degree, three months credit, or one day for each two days assigned for
a lesser period. (CCR section 3044)

31

§ 3043.2

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

HISTORY:
1. Certificate of Compliance including amendments transmitted to
OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).

Involuntary Unassigned: For each six months on a waiting list, three
months credit or one day credit for each two days on a waiting list for
a lesser period. See CCR 3044 for additional information. (CCR 3044)
Voluntarily Unassigned: Zero credit will be earned if I refuse to
accept or perform a full-time assignment. (CCR 3044)
Segregation Following A Disciplinary Infraction: When I am in
lockup status due to a disciplinary infraction, zero credit will be earned
for a period equal to the number of days of any disciplinary credit loss,
this may be extended in six month increments thereafter. (CCR 3044)
I am aware that my credit earning status may be changed by a
classification committee action at any time. I am aware that I may be
placed in zero credit earning status due to a work/training disciplinary
and/or unsatisfactory work performance. (CCR 3044)
I am aware and agree that the penalties for a disciplinary offense
committed by me have been increased, as follows:
Up to 360 days of credit may be denied or lost for a single act of
misconduct as provided in Section (CCR 3323(c)), whether or not
prosecution is undertaken.
Up to 180 days of credit may be denied or lost for a single act of
misconduct as provided in Section (CCR 3323 (d)(e)(f)(g)(h)),
whether or not prosecution is undertaken.
Up to 30 days of credit may be denied or lost for a single act of
misconduct defined by regulations as a serious disciplinary offense by
the Department of Corrections. (CCR 3323(i))

3043.3. Loss of Behavior or Worktime Credit.
(a) As used in these regulations, ‘‘forfeiture’’ of credits means
loss of credits previously earned or to be earned. Behavior or
worktime credit may be denied or forfeited for the commission of
any felony or misdemeanor, whether prosecuted or not, serious
rule violation committed after January 1, 1983, or court judgment
pursuant to Penal Code Section 2932.5.
(1) Not more than 360 days of credit shall be denied or forfeited
for any act specified as a division A-1 offense in section 3323(c),
of these regulations.
(2) Not more than 180 days shall be denied or forfeited for any
act specified as a division A-2 offense in section 3323(d) of these
regulations or for any other felony not cited in subsection (a) (1).
(3) Not more than 90 days shall be denied or forfeited for
commission of any misdemeanor.
(4) Not more than 30 days shall be denied or forfeited for any
single act described as a serious rule violation in these regulations,
unless such act is a misdemeanor or felony offense.
(5) An inmate found by a court to be a vexatious litigant as
defined in Section 3000 shall be denied or lose 30 days of
worktime credit.
(b) No behavior credit attributable to any portion of a sentence
served prior to January 1, 1983 shall be forfeited for any criminal
or disciplinary offense occurring on or after January 1, 1983.
(c) Credit loss shall be assessed in accordance with the schedule
provided in section 3323. The inmate shall be notified of the
change in his or her anticipated release date due to the denial or
forfeiture of credits.

SIGNED: ________________________________________________
CDC NUMBER: __________________________________________
DATE: __________________________________________________
WITNESSED (SIGNATURE): _______________________________
TITLE: __________________________________________________
DATE: __________________________________________________
WITNESS’ NAME (PRINT/TYPE): __________________________
This waiver is accepted by the Department of Corrections and is
effective
DATE: __________________________________________________

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 2932.5 and 5054, Penal Code.
HISTORY:
1. Certificate of Compliance including amendments transmitted to
OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).
2. Amendment of subsection (a) 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.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
4. Amendment of subsection (a) 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.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment of subsection (a) 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.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed
10-26-88 (Register 88, No. 50).
8. Editorial correction of printing error in History 1. (Register 92,
No. 5).
9. Amendment of subsection (a), new subsection (a)(5) and amendment of Note filed 11-12-97 as an emergency; operative 11-12-97
(Register 97, No. 46). A Certificate of Compliance must be
transmitted to OAL by 3-13-98 or emergency language will be
repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 98, No. 18).
11. Amendment of subsection (a), new subsection (a)(5) and amendment of Note refiled 4-29-98 as an emergency; operative 4-29-98
(Register 98, No. 18). A Certificate of Compliance must be
transmitted to OAL by 10-6-98 or emergency language will be
repealed by operation of law on the following day.

3043.2. Loss of Participation Credit.
(a) Any inmate who accumulates participation credit as described in Section 3043(b) may be denied or may forfeit such
credit for failure or refusal to perform assigned, ordered, or
directed work or program activities, as described in section 3040.
Any serious disciplinary offense committed while participating in
such prison work or program activities shall be deemed a failure to
participate.
(b) Not more than 30 days of participation credit may be denied
or forfeited for any single failure or refusal to participate, which
occurred on or after January 1, 1983.
(c) Failure to work or participate in program activities for
reasons, which are beyond the inmate’s control, shall not be cause
for denial or forfeiture of participation credit. Such circumstances
may include but are not limited to:
(1) The inmate has not been given instructions or an order or an
assignment to perform or participate in work or program activities.
(2) The inmate’s work or program assignment has been temporarily suspended or permanently terminated, and no other work or
program assignment has been ordered.
(3) The inmate is medically excluded or restricted from work or
program activities, either on a temporary basis because of illness or
injury, or on a permanent basis because of medically diagnosed
physical or mental inability to participate.
(4) The inmate has failed to perform or participate after
demonstrating a reasonable effort in the specified activity.
(5) The inmate is restricted from reporting to or participating in
an assigned work or program activity by an order or action of
institution staff.
NOTE: Authority cited: Sections 2931 and 5058, Penal Code. Reference: Sections 2931 and 5054, Penal Code.

32

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3043.5

The classification committee shall review the inmate’s medical or
psychiatric unassigned status and change the inmate’s Work Group
status as follows:
(1) An inmate in the general population shall be changed to
Work Group A-2, involuntary unassigned, to be effective the
thirtieth day of unassignment.
(2) An inmate in a lockup unit who is in Work Group A-1 or B
shall be changed to Work Group D-1 to be effective the first day
of placement into Administrative Segregation.
(3) An inmate in a lockup unit who is in Work group D-1 or D-2
shall be retained in their respective Work Group.
(d) Medical/psychiatric health care status determination:
(1) When an inmate has a disability that limits his/her ability to
participate in a work, academic, vocational or other such program,
medical/psychiatric staff shall document the nature, severity, and
expected duration of the inmate’s limitations on a CDC Form
128-C (Rev. 4/92), Chrono-Medical, Psych, Dental. The medical/
psychiatric staff shall not make program assignment recommendations or decisions on the form. The CDC Form 128-C shall then
be forwarded to the inmate’s assigned correctional counselor who
will schedule the inmate for a classification committee review. The
classification committee shall have the sole responsibility for
making program assignment and work group status decisions.
Based on the information of the CDC Form 128-C and working in
conjunction with staff from the affected work area, academic/
vocational program, and the Inmate Assignment Lieutenant or
Work Incentive Coordinator, the classification committee shall
evaluate the inmate’s ability to participate in work, academic,
vocational, or other programs and make a determination of the
inmate’s program assignment and work group status.
(2) Only when the inmate’s documented limitations are such
that the inmate, even with reasonable accommodation, is unable to
perform the essential functions of any work, academic, vocational
or other such program, will the inmate be placed in one of the two
following categories by a classification committee:
(A) Temporary medical/psychiatric unassignment. Except as
provided in section 3043.5(e)(2)(A), when a disabled inmate is
unable to participate in any work, academic, vocational or other
program, even with reasonable accommodation, because of a
medically determinable physical or mental impairment that is
expected to last for less than six months, the classification
committee shall place the inmate on temporary medical/psychiatric
unassignment. Inmates on temporary medical/psychiatric
unassignment status shall be scheduled for classification review
any time there is a change in his/her physical/mental impairment or
no less than every six months for reevaluation. The credit earning
status of an inmate on temporary medical/psychiatric unassignment for less than six months shall be in accordance with section
3044(b)(3), Work Group A-2. If the inmate’s condition lasts six
months and the classification committee still cannot assign the
inmate due to his/her impairment, the credit earning status shall be
changed to be in accordance with section 3044(b)(2), Work Group
A-1 and appropriate privilege group retroactive to the first day of
the temporary medical/psychiatric unassignment.
(B) Medically disabled. When an inmate is unable to participate
in any assigned work, academic, vocational, or other such program
activity, even with reasonable accommodation, because of a
medically determinable physical or mental impairment that is
expected to result in death or last six months or more, the
classification committee shall place the inmate on medically
disabled status. The inmate credit earning status shall be in
accordance with section 3044(b)(2), Work Group A-1 and Privilege Group A.
(e) Medical/psychiatric special assignments:
(1) Light duty: Inmates determined to have long-term medical
or psychiatric work limitations shall be processed in the following
manner:

12. Certificate of Compliance as to 4-29-98 order transmitted to OAL
6-12-98 and filed 7-21-98 (Register 98, No. 30).
13. Amendment of subsection (a)(4) filed 6-9-2006; operative 7-92006 (Register 2006, No. 23).

3043.4. Non-Credit Earning.
An inmate eligible to earn worktime credit who refuses a
full-time qualifying assignment, or is placed on non-credit earning
status (Work Group C) by a classification committee for frequent
work/training violations, shall not receive a worktime credit
reduction from their sentence until the inmate agrees to accept a
qualifying assignment.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2931, 2932, 2933, 5054 and 5068, Penal Code.
HISTORY:
1. Certificate of Compliance including amendments transmitted to
OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).
2. 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.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
4. 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.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No 24).
6. 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.
7. Certificate of Compliance transmitted to OAL 9-26-88; operative
10-26-88 (Register 88, No. 50).
8. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006,
No. 23).

3043.5. Credit Earning Special Assignments.
(a) Special assignments include:
(1) Inmate advisory council. The positions of chairperson and
secretary of an institution’s inmate advisory council may be
full-time positions in Work Group A-1.
(2) Prerelease program. Assignment to an approved full time
pre-release program shall qualify as full time assignment in Work
Group A-1.
(3) Bridging Education Program. Assignment to an approved
Bridging Education Program as described in section 3040.2, shall
qualify as a full-time assignment in Work Group A-1.
(b) Medical/psychiatric inpatient hospitalization (29 calendar
days or less). Inmates determined by medical/psychiatric staff to
need short-term inpatient care shall retain their existing credit
earning category. Inmates requiring longer periods of inpatient
care shall be referred by the attending physician/psychiatrist to a
classification committee. The classification committee shall confirm the inmate’s unassigned inpatient category and change the
inmate’s work/training group status as follows:
(1) General population inmates shall be placed in Work Group
A-2, effective the thirtieth day of unassignment.
(2) Segregation inmates who are in Work Group A-1 or B shall
be placed in Work Group D-1, effective the first day of placement
into Administrative Segregation.
(3) Segregation inmates in Work Group D-1 or D-2 shall retain
their Work Group status.
(c) Long term medical/psychiatric unassigned status. In cases
where the health condition necessitates that the inmate becomes
medically unassigned for 30 calendar days or more, the physician
shall specify an anticipated date the inmate may return to work.

33

§ 3043.6

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(A) A medical or psychiatric evaluation of the inmate shall be
made to determine the extent of disability and to delineate capacity
to perform work and training programs for either a full or partial
workday. If the inmate is deemed capable of only a partial work
program, full credit shall be awarded for participation in such a
program.
(B) A classification committee shall review the evaluation and
determine the inmate’s assignment.
1. A committee concurring with an evaluation’s light duty
recommendation shall refer the matter to the facility’s assignment
office which shall attempt to provide an assignment within the
inmate’s capabilities. Inmates assigned to such light duty shall be
scheduled for semi-annual review.
2. A committee disagreeing with an evaluation’s light duty
recommendation shall refer the matter back to the medical department, describing the difference of opinion or rationale for requesting a second medical evaluation. If the committee disagrees with
the second medical evaluation it shall refer the matter to the
institution classification committee for final determination.
(2) Short-term medical/psychiatric lay-in or unassignment. Inmates who are ill or otherwise require a medical/psychiatric lay-in
or unassignment for 29 days or less shall be processed in the
following manner:
(A) Only designated medical/psychiatric staff are authorized to
approve such lay-ins and unassignments. Reasons for the approval
and the expected date of return to their regular assignment shall be
documented by the medical/psychiatric staff making the decision.
(B) Inmates shall notify their work or training supervisor of
their lay-in or unassignment status. The work or training supervisor shall record each day of the inmate’s approved absence as an
‘‘E’’.
(C) Medical/psychiatric staff determining an inmate should
continue on lay-in or unassigned status for more than 29 days shall
refer the case to a classification committee.
(D) The inmate shall continue to use ETO time while on
short-term medical/psychiatric lay-in or unassigned status.
(f) On-the-job injuries. The chief medical officer shall document inmate injuries occurring on the job. With the exception of
inmates assigned to Work Group F, such injured inmates shall
retain their existing work group status until medically approved to
return to their work assignment. Inmates assigned to Work Group
F shall revert to Work Group A-1 effective on the date the chief
medical officer determines the on-the-job injury excludes the
inmate from conservation camp placement providing the chief
medical officer’s exclusion determination is within 29 days following the date of the inmate’s removal from the conservation
camp assignment. If the chief medical officer’s exclusion determination is not within 29 days following the date of the inmate’s
removal from the conservation camp assignment, the inmate shall
revert to Work Group A-1 effective the 30th day following the date
of the inmate’s removal from the conservation camp assignment.
(g) Medical or psychiatric treatment categories ‘‘H’’, ‘‘I’’, and
‘‘N’’. An inmate assigned to category ‘‘H’’, ‘‘I’’, or ‘‘N’’ is not
capable of performing a work or training assignment and shall,
except where otherwise prohibited by law, be placed in Work
Group A-1.
(h) Department of Mental Health (DMH) Penal Code (PC)
sections 1364, 2684 and 2690 placements. An inmate transferred to
DMH pursuant to PC sections 1364, 2684 or 2690 shall be placed
in a work group as provided in section 3043.6(b).

TITLE 15

2. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
3. 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. 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. Amendment of subsection (b), repealer of subsection (c)(4), and
new subsections (d)–(g) filed 12-20-91 as an emergency; operative
12-20-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-20-92 or emergency language will be
repealed by operation of law on the following day.
8. Editorial correction of subsection (a)(2) (Register 92, No. 4).
9. Certificate of Compliance as to 12-20-91 order including amendment of subsection (f) transmitted to OAL 4-20-92 and filed
5-28-92 (Register 92, No. 24).
10. Amendment of subsection (c) filed 2-17-95 as an emergency;
operative 3-1-95 (Register 95, No. 9). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal
Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 8-8-95 or emergency
language will be repealed by operation of law on the following
day.
11. Amendment of subsection (c) refiled 8-7-95 as an emergency;
operative 8-7-95 (Register 95, No. 32). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal
Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency
language will be repealed by operation of law on the following
day.
12. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section
11346.1(f) (Register 96, No. 8).
13. Amendment of subsection (c) filed 2-21-96 as an emergency;
operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency
language will be repealed by operation of law on the following
day.
14. Certificate of Compliance as to 2-21-96 order transmitted to OAL
6-18-96 and filed 7-9-96 (Register 96, No. 28).
15. Amendment of subsection (e) and amendment of Note filed
10-23-2003 as an emergency; operative 10-23-2003 (Register
2003, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004 or
emergency language will be repealed by operation of law on the
following day.
16. Certificate of Compliance as to 10-23-2003 order transmitted to
OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
17. Amendment of subsection (a)(1) filed 5-3-2004; operative 6-22004 (Register 2004, No. 19).
18. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006,
No. 23).

3043.6. Impact of Transfer on Credit Earning.
(a) Non-adverse transfers.
(1) A non-adverse transfer is movement of an inmate to a less
restrictive institution or program where the security level is the
same or lower, movement to a secure perimeter from a non-secure
camp or Level 1 (Minimum Support Facility) setting by order of
the prison administration for non-adverse reasons or transfers from
reception centers.
(2) With the exception of inmates assigned to Work Group F, an
inmate transferred for non-adverse reasons shall retain their

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 2933.3, 5054 and 5068, Penal Code.
HISTORY:
1. 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.

34

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3043.6

(4) An inmate in Work Group A-2, C or D at the time of transfer
shall be retained in that group status until reclassified at the
receiving institution.
(d) Reception center or layover status.
(1) Inmates being processed in reception centers, not on layover
(en route) status, who are eligible to earn day-for-day credit per
Penal Code section 2933, are eligible to be assigned to a full-time
Bridging Education work/training program.
(2) Inmates being processed in reception centers, who are
ineligible to earn day-for-day credits per Penal Code section 2933,
can be assigned to half-time work/training programs. Inmates on
layover (en route) status in any institution shall only be assigned to
half-time work/training programs. Exception to this policy requires
approval from the director, division of adult institutions.
(3) An inmate’s participation in a full or half-time assignment
while undergoing reception center processing shall be recorded on
timekeeping logs. The inmate’s timekeeping log shall be completed by the work supervisor on a daily basis. A copy shall be
issued to the inmate upon written request.
(e) Special housing unit transfers.
(1) Inmates found guilty of a credit loss offense which could
result in a security housing unit (SHU) determinate term shall be
evaluated for SHU assignment by a classification committee.
(2) If SHU assignment is recommended, the committee shall
place the inmate in Work Group D-2 effective the date that the
inmate was administratively segregated for the instant offense.
(f) Community Correctional Center (CCC) transfers. Transfers
of inmates approved for a CCC program are considered nonadverse. With the exception of inmates assigned to Work Group F,
inmates shall retain their current work group status while en route
to a program. Inmates assigned to Work Group F shall revert to
Work Group A-1 effective the date removed from the camp
assignment.

work/training and privilege group status. Inmates assigned to Work
Group F shall revert to Work Group A-1 effective the date removed
from camp assignment.
(3) An inmate in a vocational/training program at the sending
institution shall be assigned the same or similar program, if
eligible, at the receiving institution unless the program has no
vacancy or the program is unavailable. If the receiving institution’s
program is full or unavailable, the inmate shall be placed on any
existing waiting list. If eligible, inmates on waiting lists at sending
institutions shall be merged into the receiving institution’s waiting
list based on credit earning status, release date, and the length of
time they have spent on the sending institution’s waiting list.
Inmates who are day-for-day eligible per Penal Code section 2933
shall be given priority for assignment with the exception of Senate
Bill (SB) 618 Participants who, as defined in section 3000,
pursuant to the provisions of subsection 3077.3(b)(1), and subject
to the provisions of 3077.3(f), shall be placed at the top of an
institution’s waiting list and given priority for assignment. Inmates
shall be merged into the receiving institution’s waiting list in the
following manner:
(A) First, SB 618 Participants. Those SB 618 Participants
having the earliest release date shall be given first priority.
(B) Second, those inmates who are day-for-day credit eligible,
approved for the program and are not assigned, Work Group A-2.
Inmates eligible to earn credits per Penal Code section 2933 shall
be given second priority for placement on waiting lists and the
inmate with the earliest release date shall be given priority.
(C) Third, inmates who are day-for-day credit eligible and are
already designated Work Group A-1. Inmates eligible to earn
credits per Penal Code section 2933 shall be given next priority for
placement on waiting lists and the inmate with the earliest release
date shall be given priority.
(D) Fourth, those inmates who are not Penal Code section 2933
day-for-day credit eligible and are already designated Work Group
A-1. Inmates will be placed on waiting lists based upon the work
group effective date.
(E) Fifth, those inmates who are not Penal Code section 2933
day-for-day credit eligible and are not assigned, Work Group A-2.
Inmates will be placed on waiting lists based upon the work group
effective date.
(b) Transfers to Department of Mental Health (DMH).
(1) Penal Code (PC) sections 2684 and 2690 transfers. An
inmate transferred to the DMH pursuant to PC sections 2684 and
2690 is not capable of performing a work or training assignment.
Such an inmate shall be classified by the sending facility before the
transfer and placed in Work Group A-1.
(2) Penal Code section 1364 transfers. An inmate transferred to
DMH to participate in the voluntary experimental treatment
program pursuant to Penal Code section 1364 shall participate in a
full-time credit qualifying work/training assignment in order to
earn full worktime credit.
(c) Adverse transfers.
(1) Adverse transfers are defined as a transfer resulting from
any in-custody documented misbehavior or disciplinary that may
or may not have resulted in an inmate’s removal from current
program.
(2) If an inmate is removed from a program for adverse reasons
and is subsequently exonerated of the charges, the credit earning
status shall be designated as though the inmate had not been
removed from the assignment.
(3) Effective on the date of transfer an inmate in Work Group
A-1 or F who receives an adverse transfer shall be reclassified to
Work Group A-2 by the sending institution. The inmate shall
remain in Work Group A-2 until reclassified by the receiving
institution.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.8, 1364, 2684, 2690, 2933, 2933.3, 5054 and 5068, Penal
Code.
HISTORY:
1. 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. 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. 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 including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. New subsection (a)(4), amendment of subsection (b)(1) and new
subsections (e)–(f) filed 12-20-91 as an emergency; operative
12-20-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-20-92 or emergency language will be
repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order including amendment of subsection (b)(1) transmitted to OAL 4-20-92 and filed
5-28-92 (Register 92, No. 24).
9. Change without regulatory effect amending subsection (c)(1) filed
2-5-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).

35

§ 3043.7

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

full-time sentence reduction credits. ‘‘Special assignment’’ shall be
entered on the inmate’s timekeeping log by the staff supervisor.
(A) Full-time educational and training program. Elementary
school, high school, and vocational training programs require the
same minimum hourly participation as the full-time work assignment.
(B) Combination programs qualifying as full-time. Any combination of half-time work, school or training program resulting in
full-time assignment requires the same minimum participation as a
regular full-time work assignment. Each combination half-time
assignment requires the same minimum participation as a half-time
work assignment.
(C) A full-time college program may be combined with a
half-time work or vocational training program equating to a
full-time assignment. The college program shall consist of 12 units
in credit courses only leading to an associate degree in two years
or a bachelor’s degree in four years.
(D) A full-time Bridging Education Program requiring the same
minimum participation as a regular full-time work/training assignment. Participation will be evaluated on course curriculum, instructor evaluation, and completed assignments.
(E) An inmate diagnosed by a physician and/or psychiatrist as
totally disabled and therefore incapable of performing a work/
training assignment, shall remain in Work Group A-1 throughout
the duration of their total disability.
(F) An inmate when diagnosed by a physician and/or psychiatrist as partially disabled shall be assigned to a work/training
assignment within the physical and/or mental capability of the
inmate as determined by the physician and/or psychiatrist, unless
changed by disciplinary action.
(3) Work Group A-2: Involuntarily unassigned.
An inmate willing but unable to perform in a full-time assignment shall receive three months credit for each six months served,
or one day for each two days served, in the following status:
(A) The inmate is placed on a waiting list pending availability
of a full-time work/training assignment.
(B) An unassigned inmate awaiting adverse transfer to another
institution.
(4) Work Group B: Half-time work/training assignment. Halftime programs shall normally consist of a work/training assignment of four hours per workday, excluding meals, five-days-perweek, or full-time enrollment in college consisting of 12 units in
credit courses leading to an associate or bachelor’s degree. The
work day shall be no less than three hours and the work week no
less than 15 hours.
(5) Work Group C: Voluntary unassigned. Zero credit.
(A) An inmate who refuses to accept or perform in a work/
training assignment, or who is deemed a program failure as defined
in Section 3000, and who is placed on non-credit earning status by
a classification committee shall earn zero worktime credits.
(B) An inmate shall remain in zero credit earning status until
classified for placement in a credit qualifying work group. An
inmate must submit a written request for reclassification to be
considered for assignment and removal from Work Group C no
earlier than 30 days from the date of placement. The inmate shall
be scheduled for a hearing within 30 days of receipt of the written
request.
(6) Work Group D-1: Indeterminate lockup status. Except as
provided in section 3044(b)(7)(C), an inmate assigned to a
segregated housing program, shall be awarded three months credit
for each six months served or one day credit for two days served.
Segregated housing shall include, but not be limited to, the
following:
(A) Administrative Segregation Unit (ASU).
(B) Security Housing Unit (SHU).
(C) Psychiatric Services Unit (PSU).

10. Amendment of section and Note filed 10-23-2003 as an emergency; operative 10-23-2003 (Register 2003, No. 43). Pursuant to
Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 4-1-2004 or emergency language will be
repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-23-2003 order transmitted to
OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
12. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006,
No. 23).
13. Amendment of subsection (a)(3), new subsection (a)(3)(A), subsection relettering, amendment of newly designated subsections
(a)(3)(C)–(E) and amendment of Note filed 2-5-2009 as an
emergency; operative 2-5-2009 (Register 2009, No. 6). This filing
contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis
and were deemed an emergency pursuant to Penal Code section
5058.3. A Certificate of Compliance must be transmitted to OAL
by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 2-5-2009 order transmitted to
OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).

3043.7. Impact of 45-Day Notification on Credit Earnings.
Inmates shall not be placed in a greater credit earning category
if it prevents notification to local law enforcement officials of the
release of inmates described in Section 3327(c)(2) in the 45-day
time frame, as required by Penal Code Sections 3058.6 and 3058.9.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 3058.6, 3058.9 and 5054, Penal Code.
HISTORY:
1. New section filed 5-22-2006; operative 5-22-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 21).

3044. Inmate Work and Training Incentive Groups.
(a) Full-time and half-time defined.
(1) Full-time work/training assignments normally mean eight
(8) hours per day on a five day per week basis, exclusive of meals.
(2) Half-time work/training assignments normally mean four
(4) hours per day on a five day per week basis, exclusive of meals.
(b) Consistent with the provisions of sections 3375 and
3040.2(d) of these regulations, all assignments or reassignments of
an inmate to a work/training incentive group shall be by a
classification committee action in accordance with this section.
(1) Work Group F: Full-time conservation camp work assignment. Inmates eligible to earn day-for-day worktime credits under
Penal Code section 2933 shall be awarded two days credit for each
day of qualifying performance. An inmate’s ability to earn
two-for-one credit shall not begin until he/she is assigned and
reports to an established position in the conservation camp setting.
Conservation camp inmates eligible for two-for-one credit, as
defined in this section, may be eligible for Work Group F credit
during temporary removals from the conservation camp setting.
Inmates who become ineligible for continued conservation camp
placement for any reason shall be removed from Work Group F
and assigned to an appropriate Work Group consistent with the
remaining provisions of this section.
(2) Work Group A-1: Full-time work/training assignment. Inmates eligible to earn Penal Code section 2933 worktime credits
shall be awarded one day credit for each day assigned to this work
group. The work day shall not be less than 6.5 hours and the work
week no less than 32 hours. Those programs requiring an inmate to
participate during other than the normal schedule of eight-hoursper-day, five-days-per-week (e.g., 10-hours-per-day, four-daysper-week) or programs that are scheduled for seven-days-perweek, requiring inmate attendance in shifts (e.g., three days of 10
hours and one day of five hours) shall be designated as ‘‘special
assignments’’ and require departmental approval prior to implementation. A CDC Form 128-B or E chrono shall be placed in the
inmate’s central file stating the hours of participation required for

36

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3044

(2) Privileges available to a work/training incentive group may
be denied, modified, or temporarily suspended by a hearing official
at a disciplinary hearing upon a finding of an inmate’s guilt for a
disciplinary offense as described in sections 3314 and 3315 of
these regulations or by a classification committee action changing
the inmate’s custody classification, work/training group, privilege
group, or institution placement.
(3) Disciplinary action denying, modifying, or suspending a
privilege for which an inmate would otherwise be eligible shall be
for a specified period not to exceed 30 days for an administrative
rule violation or 90 days for a serious rule violation.
(4) A permanent change of an inmate’s privilege group shall be
made only by classification committee action under provisions of
section 3375. Disciplinary or classification committee action
changing an inmate’s privileges or privilege group shall not
automatically affect the inmate’s work/training group classification. Worktime credit earning shall be affected only by a work/
training group change by a classification committee.
(5) No inmate or group of inmates shall be granted privileges
not equally available to other inmates of the same custody
classification and assignment who would otherwise be eligible for
the same privileges.
(6) Changes in privilege group status due to the inmate’s
placement in lockup:
(A) An inmate housed in an ASU, SHU, or PSU shall be
designated Privilege Group D. However, if assigned to a qualifying
work/training program within the special housing unit, the inmate
shall be assigned privileges of a higher group, if such privileges are
available within the assigned housing unit.
(B) An inmate working in lockup units while serving a determinate SHU terms shall be retained in Privilege Group D only,
irrespective of their work/training assignment.
(C) An inmate removed from the general population for disciplinary or administrative reasons shall surrender their privilege
card to staff.
(7) An inmate in a re-entry furlough assignment shall be
eligible for available privileges subject to working eight-hoursper-day and shall not require a privilege group designation. A
re-entry inmate placed in a county facility shall be entitled to the
same privileges accorded count prisoners and provided for under
terms of the department’s contract with the county facility.
(8) An inmate’s privileges shall be conditioned upon each of the
following:
(A) The inmate’s compliance with procedures governing those
privileges.
(B) The inmate’s continued eligibility and possession of the
appropriate privilege card.
(C) The inmate’s good conduct and satisfactory participation a
work/training assignment.
(9) Inmates returned to custody from parole may be eligible to
receive privileges based upon their satisfactory participation in a
work/training assignment.
(d) Privilege Group A:
(1) Criteria:
(A) Full-time work/training assignment as defined in section
3044(a).
(B) An inmate diagnosed by a physician and/or psychiatrist as
totally disabled shall remain in Privilege Group A unless changed
by disciplinary action.
(C) An inmate designated by a physician and/or psychiatrist as
partially disabled pursuant to section 3044(a) shall remain in
Privilege Group A unless changed by disciplinary action.
(2) Any inmate classified and assigned to Privilege Group A
shall receive a red CDC 130 Privilege Card with photo.
(3) Privileges for Privilege Group A are as follows:
(A) Family visits limited only by the institution/facility resources, security policy, section 3177(b), or other law.

(7) Work Group D-2: Serving SHU term, deemed a program
failure while on indeterminate or determinate lockup status, or
voluntarily unassigned at the time of or subsequent to placement in
ASU, SHU, or PSU. Zero credit.
(A) An inmate assigned to a determinate SHU term which
included a forfeiture of credits shall not be placed in a credit
earning assignment during the period of credit forfeiture or 180
days, whichever is less, starting from the date of change in
custodial classification. An inmate confined in a secure housing
unit for a division A-1 offense, as designated in section 3323(c) of
these regulations, and which included great bodily injury on a
non-prisoner shall not receive participation or work-time credits
for up to 360 days. Upon completion of the period of credit
forfeiture, the inmate shall be re-evaluated by a classification
committee.
(B) An inmate’s status in Work Group D-2 may be extended, in
up to six-month increments, by a classification committee in
unusual cases where no credit qualifying program can be assigned
the inmate without causing a substantial risk of physical harm to
staff or others. At the end of the designated period (six months or
less), the determination shall be reviewed by an institution
classification committee.
(C) An inmate in ASU, SHU, or PSU, on indeterminate or
determinate lockup status, who is deemed a program failure as
defined in section 3000, may be assigned Work Group D-2 by a
classification committee. An inmate assigned to Work Group C at
the time of placement in ASU, SHU, or PSU, or who refuses to
accept or perform work/training assignments, shall be assigned
Work Group D-2. An inmate assigned to Work Group D-2 pursuant
to this section must submit a written request for reclassification to
be considered for removal from that Work Group. If Work Group
D-2 has been assigned based solely upon the inmate already being
assigned to Work Group C at the time of placement in ASU, SHU,
or PSU, the request may be submitted no earlier than 30 days from
the original Work Group C assignment date. If Work Group D-2
has been assigned following placement into ASU, SHU, or PSU,
for refusing to accept or perform a work/training assignment, or for
being deemed a program failure as defined in section 3000, the
request for removal must be submitted no earlier that 30 days from
the date Work Group D-2 was assigned. Subsequent to the
mandatory 30 days placement on Work Group D-2, if the inmate
submits a written request for removal, and Work Group D-2 has
not been assigned pursuant to section 3044(b)(7)(A) or
3044(b)(7)(B), a hearing shall be scheduled within 30 days of
receipt of the written request to consider removal from Work
Group D-2.
(8) Work Group U: Unclassified. An inmate undergoing reception center processing is in this status from the date of their
reception until classified at their assigned institution, unless the
inmate is assigned to a full-time Bridging Education Program as
described in this section. An inmate on unclassified status shall be
granted three months credit for each six months served or one day
credit for each two days served.
(c) Privileges. Privileges for each work/training incentive group
shall be those privileges earned by the inmate. Inmate privileges
are administratively authorized activities and benefits required of
the secretary, by statute, case law, governmental regulations, or
executive orders. Inmate privileges shall be governed by an
inmate’s behavior, custody classification and assignment. A formal
request or application for privileges is not required unless specified
otherwise in this section. Institutions may provide additional
incentives for each privilege group, subject to availability of
resources and constraints imposed by security needs.
(1) To qualify for privileges generally granted by this section,
an inmate shall comply with rules and procedures and participate
in assigned work/training activities.

37

§ 3044

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(A) One family visit each six months, unless limited by section
3177(b) or other law.
(B) Visits during non-work/training hours, limited only by
availability of space within facility visiting hours, or during work
hours when extraordinary circumstances exist, as defined in
section 3045.
(C) One-half the maximum monthly canteen draw as authorized
by the secretary.
(D) One personal telephone access period per month.
(E) Access to yard, recreation, and entertainment activities
during the inmate’s non-working/training hours and limited only
by institution/facility security needs.
(F) Excused time off as described in section 3045.2.
(G) The receipt of four personal property packages, 30 pounds
maximum weight each, per year, exclusive of special purchases.
(f) Privilege Group C:
(1) Criteria, any of the following:
(A) The inmate who refuses to accept or perform in a work/
training assignment or is deemed a program failure as defined in
section 3000.
(B) A hearing official may temporarily place an inmate into the
group as a disposition pursuant to section 3314 or 3315.
(C) A classification committee action pursuant to section 3375
places the inmate into the group. An inmate placed into Privilege
Group C by a classification committee action may apply to be
removed from that privilege group no earlier than 30 days from the
date of placement. Subsequent to the mandatory 30 days placement
on Privilege Group C, if the inmate submits a written request for
removal, a hearing shall be scheduled within 30 days of receipt of
the written request to consider removal from Privilege Group C.
(2) Any inmate in Privilege Group C shall not be issued a
privilege card.
(3) Privileges and non-privileges for Privilege Group C are as
follows:
(A) No family visits.
(B) One-fourth the maximum monthly canteen draw as authorized by the secretary.
(C) Telephone calls on an emergency basis only as determined
by institution/facility staff.
(D) Yard access limited by local institution/facility security
needs. No access to any other recreational or entertainment
activities.
(E) No personal property packages.
(g) Privilege Group D:
(1) Criteria: Any inmate housed in a special segregation unit,
voluntarily or under the provisions of sections 3335–3345 of these
regulations who is not assigned to either a full-time or half-time
work/training assignment.
(2) An inmate in Privilege Group D shall not be issued a
privilege card.
(3) Any inmate removed from the general population due to
disciplinary or administrative reasons, shall forfeit their privilege
card and privileges within their general population privilege group
pending review by a classification committee.
(4) Privileges and non-privileges for Privilege Group D are as
follows:
(A) No family visits.
(B) One-fourth the maximum monthly canteen draw as authorized by the secretary.
(C) Telephone calls on an emergency basis only as determined
by institution/facility staff.
(D) Yard access limited by local institution/facility security
needs. No access to any other recreational or entertainment
activities.
(E) The receipt of one personal property package, 30 pounds
maximum weight, per year, exclusive of special purchases as

(B) Visits during non-work/training hours, limited only by
availability of space within facility visiting hours, or during work
hours when extraordinary circumstances exist as defined in section
3045.2(e)(2).
(C) Maximum monthly canteen draw as authorized by the
secretary.
(D) Telephone access during the inmate’s non-work/training
hours limited only by institution/facility telephone capabilities.
(E) Access to yard, recreation and entertainment activities
during the inmate’s non-working/training hours and limited only
by security needs.
(F) Excused time off as described in section 3045.2.
(G) The receipt of four personal property packages, 30 pounds
maximum weight each, per year; exclusive of special purchases.
(e) Privilege Group B:
(1) Criteria, any of the following:
(A) Half-time work/training assignment as defined in section
3044(a) or involuntarily unassigned as defined in section 3044(a)
or involuntarily unassigned as defined in section 3044(b).
(B) A hearing official may temporarily place an inmate into the
group as a disposition pursuant to section 3314 or 3315.
(2) Any inmate in Privilege Group B shall not be issued a
privilege card.
(3) Privileges for Privilege Group B are as follows:

38

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

provided in Section 3190. Inmates shall be eligible to acquire a
personal property package after completion of one year of Privilege Group D assignment.
(h) Privilege Group U:
(1) Criteria: Reception center inmates under processing.
(2) An inmate in this category shall not be issued a privilege
card.
(3) Privileges and non-privileges for Privilege Group U are:
(A) No family visits.
(B) Canteen Purchases. One-half of the maximum monthly
canteen draw as authorized by the secretary.
(C) Telephone calls on an emergency basis only as determined
by institution/facility staff.
(D) Yard access, recreation, and entertainment limited by local
institution/facility security needs.
(E) Excused time off as described in section 3045.2.
(F) No personal property packages.
(i) Inmates shall retain in their possession any privilege card
issued them for eligibility to receive designated privileges. Each
inmate shall present the card upon staff request in order to receive
or participate in an authorized privilege, and may be denied the
privilege if the card is not presented.

§ 3045

13. Change without regulatory effect amending subsection (e)(2) filed
7-16-96 pursuant to section 100, title 1, California Code of
Regulations (Register 96, No. 29).
14. Certificate of Compliance as to 6-7-96 order transmitted to OAL
10-3-96 and filed 11-18-96 (Register 96, No. 47).
15. Repealer of subsections (f)(3)(H), (g)(4)(H) and (h)(3)(H) and
amendment of Note filed 1-2-98 as an emergency; operative
1-2-98 (Register 98, No. 1). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL
by 6-11-98 or emergency language will be repealed by operation
of law on the following day.
16. Certificate of Compliance as to 1-2-98 order transmitted to OAL
6-9-98 and filed 7-21-98 (Register 98, No. 30).
17. Repealer of printed inmate time card, new subsection (b)(1),
subsection renumbering and amendment of Note filed 10-23-2003
as an emergency; operative 10-23-2003 (Register 2003, No. 43).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004 or emergency
language will be repealed by operation of law on the following
day.
18. Change without regulatory effect amending subsections (d)(3)(A)
and (e)(3)(A) filed 12-1-2003 pursuant to section 100, title 1,
California Code of Regulations (Register 2003, No. 49).
19. Amendment of section and Note filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to
Penal Code section 5058.3(a)(1), a Certificate of Compliance must
be transmitted to OAL by 6-9-2004 or emergency language will be
repealed by operation of law on the following day.
20. Amendment 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 6-172004 or emergency language will be repealed by operation of law
on the following day.
21. Certificate of Compliance as to 10-23-2003 order transmitted to
OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
22. Withdrawal and repeal of 12-30-2003 amendments filed 5-272004 as an emergency; operative 5-27-2004 (Register 2004, No.
22). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the
following day.
23. Amendment of section and Note, including relocation of former
subsection 3044(g)(4)(G) to new section 3190(i)(3), filed 5-272004 as an emergency; operative 5-27-2004 (Register 2004, No.
22). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the
following day.
24. Amendment of section, including further amendments, 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.
25. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
26. Certificate of Compliance as to 6-17-2004 order, including further
amendment of subsection (b)(5)(B), transmitted to OAL 11-162004 and filed 12-29-2004 (Register 2004, No. 53).
27. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006,
No. 23).

NOTE: Authority cited: Sections 2700, 2701 and 5058, Penal Code.
Reference: Sections 2932, 2933, 2933.3, 2935, 5005, 5054 and 5068,
Penal Code; and In re Monigold, 205 Cal.App.3d 1224 (1988).
HISTORY:
1. Change without regulatory effect of subsection (c)(1) and NOTE
pursuant to section 100, title 1, California Code of Regulations filed
12-28-89 (Register 90, No. 1). For prior history, see Register 88,
No. 50.
2. Relocation of (a) to section 3045, amendment of redesignated
(c)(4)–(f), new subsections (c)(8)–(9) and (i) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to
OAL 4-20-92 or emergency language will be repealed by operation
of law on the following day.
3. Editorial correction of printing errors (Register 92, No. 4).
4. Editorial correction of printing error in subsection (b)(1) (Register
92, No. 5).
5. Certificate of Compliance as to 12-20-91 order transmitted to OAL
4-20-92 and filed 5-28-92 (Register 92, No. 24).
6. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 2-27-95 as
an emergency; operative 5-30-95 (Register 95, No. 9). A Certificate
of Compliance must be transmitted to OAL by 11-6-95 or emergency language will be repealed by operation of law on the
following day.
7. New subsections (f)(3)(H), (g)(4)(H) and (h)(3)(H) and amendment
of Note filed 6-30-95 as an emergency; operative 7-1-95 (Register
95, No. 26). A Certificate of Compliance must be transmitted to
OAL by 12-7-95 or emergency language will be repealed by
operation of law on the following day.
8. Amendment of subsections (d)(3)(A) and (e)(3)(A) refiled 11-7-95
as an emergency; operative 11-6-95 (Register 95, No. 45). A
Certificate of Compliance must be transmitted to OAL by 4-14-96
or emergency language will be repealed by operation of law on the
following day.
9. Certificate of Compliance as to 6-30-95 order transmitted to OAL
11-22-95 and filed 1-8-96 (Register 96, No. 2).
10. Editorial correction of History 8 (Register 96, No. 21).
11. Reinstatement of subsections (d)(3)(A) and (e)(3)(A) as they
existed prior to emergency amendment filed 5-30-95 pursuant to
Government Code section11349.6(d) (Register 96, No. 21).
12. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 6-7-96 as
an emergency; operative 6-7-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-7-96 or
emergency language will be repealed by operation of law on the
following day.

3045. Timekeeping and Reporting.
(a) Inmate timekeeping logs. The attendance of each inmate
assigned to a credit qualifying assignment shall be recorded daily
on an approved timekeeping log. If the assignment began or ended
during the reporting month, the date(s) of such activity shall be
recorded on the timekeeping log. Only the symbols designated on
the timekeeping log shall be used to document the inmate’s
attendance. The symbol(s) and applicable hours for each day shall
be recorded in the space corresponding to the calendar day. This

39

§ 3045.1

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(2) A disciplinary infraction for which the finding was guilty
and the assessment of a SHU term, the inmate shall be placed in
Work Group D-2 for the period of the credit loss assessment
effective the date of their placement in ad. seg.

log shall be the reference for resolving complaints or appeals and
shall be retained at a secure location designated by the facility
management for a period of 4 years from the date of completion.
(1) Staff shall record the work or training time and absences of
each inmate assigned to their supervision each day as they occur.
At intervals designated by the institution head, the supervisor shall:
(A) Enter the totals, hours worked and ETO hours used in the
designated columns of timekeeping log.
(B) Sign the log to authenticate the information.
(C) Forward the log to the division head for review and
approval.
(2) Mismanagement or falsification of an inmate timekeeping
log may result in adverse action and/or prosecution.
(b) Security of timekeeping logs. Inmates shall not have unauthorized access to any timekeeping logs.

NOTE: Authority cited: Sections 2700, 2701 and 5058, Penal Code.
Reference: Sections 2932, 2933, 2935, 5005, 5054 and 5068, Penal
Code; and In re Monigold, 205 Cal. App. 3d 1224.
HISTORY:
1. 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. 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. 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 including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former section 3045.1 to section
3045.3 and adoption of new section 3045.1 filed 12-20-91 as an
emergency; operative 12-20-91 (Register 92, No. 4). A Certificate
of Compliance must be transmitted to OAL 4-20-92 or emergency
language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order including amendment of subsection (a)(2) transmitted to OAL 4-20-92 and filed
5-28-92 (Register 92, No. 24).
9. Repealer of subsection (b) filed 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.
10. Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. Amendment of subsection (a)(1) filed 6-9-2006; operative 7-92006 (Register 2006, No. 23).

NOTE: Authority cited: Sections 2700, 2701 and 5058, Penal Code.
Reference: Sections 2932, 2933, 2935, 5005, 5054 and 5068, Penal
Code; and In re Monigold, 205 Cal.App.3d 1224.
HISTORY:
1. New section filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Repealer and new section filed 2-16-83; effective thirtieth day
thereafter (Register 83, No. 8).
3. Amendment of subsection (c), repealer and new subsection (e) and
new subsection (i) 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 ordered transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
5. Amendment of subsection (c), repealer and new subsection (e) and
new subsection (i) 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 of subsection (c), repealer and new subsection (e) and
new subsection (i) 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 including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
9. Renumbering and amendment of former section 3045 to section
3045.2, relocation and amendment of former section 3044(a) and
adoption of subsections (b) and (c) filed 12-20-91 as an emergency;
operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language
will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-20-91 order transmitted to
OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
11. Editorial correction deleting language previously transferred to
section 3045.2 (Register 93, No. 50).
12. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006,
No. 23).

3045.2. Excused Time Off (ETO).
(a) It is the policy of the California Department of Corrections
that inmates assigned to work/training groups A-1 and B may use
excused time off (ETO) during approved absences from their
assigned work/training assignment in the manner set forth in this
article.
(b) ETO shall be authorized by the work supervisor/employer in
no less than 15-minute increments. The inmate shall not be
required to use excused time off for any service that the department
requires. An inmate who is ill and requires a medical lay-in or is
short term medically unassigned for 29 days or less shall use ETO.
(c) Inmates who are ill may use ETO, but will be responsible for
notifying the work/training supervisor. Sick time must be
approved/authorized by the appropriate institution medical authority. Upon becoming capable of performing medically unrestricted
work activities the inmate will be given priority to resume his/her
previous assignment. If the assignment is not immediately available, the inmate will be placed in an assignment in his/her previous
work/training group category.
(d) Authorized uses of ETO. Excused time off may be approved
by work/training supervisors only for the below stated reasons. A
proposal to use ETO for any other reason requires approval by the
secretary.

3045.1.

Timekeeping for Inmates in Administrative
Segregation.
(a) A classification committee shall evaluate the reasons for an
inmate’s administrative segregation (ad. seg.) placement to ensure
appropriate worktime credits are awarded the inmate. If the
placement was for:
(1) A disciplinary infraction for which the finding was not
guilty or pending an investigation where the inmate was released,
the inmate shall retain their work/training group status at the time
of their placement in ad. seg. unless otherwise impacted by a
classification or disciplinary action.

40

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(1) Family visiting. An inmate scheduled for a family visit may
be permitted to visit in the visiting room (regular visit) on the first
day of a family visit while awaiting processing, and on the last day
of the family visit.
(2) Regular visiting under extraordinary circumstances. Following are extraordinary circumstances for which use of ETO is
authorized:
(A) Out-of-state visitors. Upon substantiation that the visitor(s)
resides out-of-state and is in California for a temporary stay of 30
days or less, and the visitor(s) has not visited with the particular
inmate for four months. No more than two such visits shall be
permitted for each such occurrence.
(B) Excessive distance. When a visitor must travel a distance of
250 miles or more, and has not visited the inmate within the last 30
days.
(C) Weddings. When an inmate marries, the inmate may, with
five working days prior approval, use ETO for a visit on the
wedding day.
(D) Handicapped. When a visitor is handicapped as defined by
California law and must rely on special transportation to the
institution. Approval is required five working days prior to the
visit.
(E) Family emergencies. When death, serious illness or injury
occurs to an inmate’s immediate family member as defined in
Section 3000, clergymen, family members or close friends may
visit the inmate to offer condolences or inform the inmate of the
occurrence.
(F) Infrequent visits. When a visitor unexpectedly arrives who
has not visited in the last six months, the visit will be considered
an infrequent visit.
(G) Visiting during authorized absence. An inmate shall be
permitted to visit using ETO during approved periods away from
assignment involving circumstances beyond the inmate’s control.
(Refer to section 3045.3 of these regulations.)
(H) Work assignment conflicts. When the inmate has not
received a visit in the last 30 days and would otherwise be
prohibited from visiting because of a conflict in work, training, or
education assignment.
(3) Temporary community leave.
(4) Attendance at approved religious services or approved
religious functions. For routine religious services, the use of ETO
shall be limited to instances where it is unduly burdensome to
change the conflicting work/education assignment.
(5) Non-routine recreation and entertainment activities.
(6) Emergency telephone access.
(e) Excused time off applies only to authorized time away from
the work/training assignment.
(f) An inmate shall receive pay only for actual hours worked,
and not for excused time off.

§ 3045.3

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 of subsection (c), repealer and new subsection (e) and
new subsection (i) 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 including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
9. Renumbering of former section 3045 to section 3045.2 and amendment of subsections (b) and (f) filed 12-20-91 as an emergency;
operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language
will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-20-91 order transmitted to
OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
11. Change without regulatory effect amending subsection (e)(2)(G)
filed 11-27-2001 pursuant to section 100, title 1, California Code
of Regulations (Register 2001, No. 48).
12. Amendment of subsection (e)(2)(F) and new subsection (e)(2)(H)
filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
13. Amendment of subsection (a), repealer of subsections (b), (f) and
(g), subsection relettering and amendment of newly designated
subsections (b)–(d) filed 6-9-2006; operative 7-9-2006 (Register
2006, No. 23).
14. Amendment of subsection (d)(2)(E) filed 10-16-2007; operative
11-15-2007 (Register 2007, No. 42).
15. Repealer and new subsection (d)(4) filed 10-14-2009; operative
11-13-2009 (Register 2009, No. 42).

3045.3. ‘‘S’’ Time.
(a) ‘‘S’’ time shall be noted on timekeeping documents for an
authorized absence from the inmate’s work/training assignment by
order of the prison administration. The inmate shall receive
sentence-reducing credit commensurate with their designated work
group. Inmates who are removed from their work/training assignment for the reasons noted below, shall retain their existing
work/training group status unless otherwise impacted by a classification committee or disciplinary action.
(b) ‘‘S’’ time shall be authorized only for the following:
(1) Institutional lockdown.
(2) Emergency recall.
(3) Attorney visits.
(4) Fog or inclement weather conditions.
(5) Work/training supervisor’s absence when no relief supervisor is provided.
(6) Removed to out-to-court status.
(7) Three working days prior to transfer to another institution.
(8) Ten working days prior to parole or discharge, including
institution base camps. Conservation camp inmates shall receive
15 days ‘‘S’’ time prior to release.
(9) Thirty working days prior to parole or discharge of an
inmate serving a term in another jurisdiction.
(10) Appearances at classification hearings or casework interviews which cannot be reasonably conducted during the inmate’s
off-duty hours.
(11) Staff interviews with inmates regarding a death or emergency involving a member of their immediate family as defined in
section 3000.
(12) Emergency or life-threatening medical or dental treatment.
(13) A temporary interruption or delay in the inmate’s work/
training assignment which is no fault of the inmate.
(14) Medical consultant appointments with other than state
employees.
(15) Inmate match job development and initial screening interview.
(16) Board of Prison Terms’ hearings.
(17) Interviews with representatives of other governmental
agencies.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601, 2620, 2621, 2931, 2933 and 5054, Penal Code.
HISTORY:
1. New section filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Repealer and new section filed 2-16-83; effective thirtieth day
thereafter (Register 83, No. 8).
3. Amendment of subsection (c), repealer and new subsection (e) and
new subsection (i) 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 ordered transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
5. Amendment of subsection (c), repealer and new subsection (e) and
new subsection (i) 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.

41

§ 3046

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(18) Delay in reporting to work/training assignment because of
delayed meal schedule, unlocks, and clearing of the institutional
count.
(19) Interview for staff preparation of a Penal Code Section
1170(d) report to the court.
(20) Temporary leave processing for a family emergency.
(21) A serious disciplinary hearing if overtime would be required for a staff witness to attend the hearing.
(22) Authorizations for any reason not listed in this section shall
be considered on a case-by-case basis and require approval of the
secretary or their designee.

HISTORY:
1. New section filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8). For prior history, see Register 78, No. 33.

3047.

Unemployment Compensation and Disability Benefits.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2601 and 5054, Penal Code; and Sections 1480–1481, Unemployment
Insurance Code.
HISTORY:
1. New section filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8). For prior history, see Register 78, No. 33.
2. Change without regulatory effect repealing section 3047 (Register
87, No. 24).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 673, 1170, 2690, 2933 and 5054, Penal Code.
HISTORY:
1. 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. 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. 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 including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former section 3045.1 to section
3045.3 filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to
OAL 4-20-92 or emergency language will be repealed by operation
of law on the following day.
8. Certificate of Compliance as to 12-20-91 order transmitted to OAL
4-20-92 and filed 5-28-92 (Register 92, No. 24).
9. Amendment of subsections (a) and (b), repealer of subsection
(b)(4), subsection renumbering and amendment of newly designated subsection (b)(22) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).

Article 4.

Food Services

3050. Regular Meals.
(a) Each inmate shall be provided a wholesome, nutritionally
balanced diet. Nutrition levels shall meet the Recommended
Dietary Allowances and Dietary Reference Intakes as established
by the Food and Nutrition Board of the Institute of Medicine,
National Academy of Science.
(1) Inmates confined in segregated housing shall be served food
representative of that being served to general population inmates.
Food shall not be withheld nor standard menu varied as a
disciplinary sanction for any inmate.
(2) Inmates shall be provided three meals each day, two of
which shall be served hot. Variations to the two hot meals per day
requirement may be allowed to accommodate religious observances, religious meal programs, and institution emergencies. The
breakfast meal shall be served not more than 14 hours following
the previous day’s evening meal.
(3) Pregnant inmates shall receive two extra eight ounce cartons
of milk or a calcium supplement if lactose intolerant, two extra
servings of fresh fruit, and two extra servings of fresh vegetables
daily. A physician may order additional nutrients as necessary.
(b) Facility menus shall be prepared at least one week in
advance and posted in locations accessible to all general population inmates. Inmates in segregation housing shall, upon request,
be provided a weekly menu.
NOTE: Authority cited; Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
3. Amendment of article heading and section filed 12-18-91 as an
emergency; operative 12-18-91 (Register 92, No. 4). A Certificate
of Compliance must be transmitted to OAL 4-16-92 or emergency
language will be repealed by operation of law on the following day.
4. Editorial correction of History 2. (Register 92, No. 4).
5. Certificate of Compliance as to 12-18-91 order transmitted to OAL
4-15-92 and filed 5-26-92 (Register 92, No. 22).
6. Amendment of subsection (a)(2) filed 4-24-2006; operative 4-242006 pursuant to Government Code section 11343.4 (Register
2006, No. 17).
7. Amendment of subsection (a) and new subsection (a)(3) filed
3-6-2008; operative 4-5-2008 (Register 2008, No. 10).

3046. Workers’ Compensation for Inmates.
Inmates are eligible for workers’ compensation benefits for
injuries sustained while performing assigned work while imprisoned. They are not eligible for benefits for injuries resulting from
an assault in which the inmate was found to be the aggressor; an
intentional act of self-inflicted injury; nor injuries sustained while
assigned to academic and vocational education programs. The
department is not liable for injuries sustained while a person is on
parole or escape status.
(a) Inmates should immediately report any injury to their
supervisor so that prompt medical attention can be given if needed,
and for the supervisor’s information and initiation of necessary
reports.
(b) Inmates will have access to, and be given a copy upon
request, of the department’s guidelines covering workers’ compensation for inmates. Such guidelines will be available at each
institution’s inmate assignment office or the office of the official
responsible for inmate assignments; the inmate law libraries; each
camp; and at or near the inmate’s work location through the
inmate’s work supervisor.

3051. Use of Pork or Pork Derivatives.
(a) Pork or Pork derivatives may be part of meals within camp
settings outside Institutions.
(b) Each menu food item containing pork or prepared in or
seasoned with a pork derivative (including use of a shortening
containing a pork product) shall be identified on the menu with a
‘‘P’’. Unless it can be determined with certainty that a food item
does not contain pork or a pork derivative, that item shall be
identified with an asterisk ( *). A pork-free protein alternate shall
be offered to those inmates who do not eat pork because of
religious reasons.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2601(i), 5054 and 5069, Penal Code; and Sections 3370 and 3351,
Labor Code.

42

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3054.1

For the purposes of this article, Chaplain means a local Institution
Chaplain, or their designee representing the religious group.
(b) A Chaplain shall decide the two religious events when
religious meals are provided. The religious group’s request for
ceremonial foods shall be directed to the institution head, or
designee by the Chaplain at least 30 days, but no more than 90
days before the event, and shall include the following:
(1) Date and location of the event.
(2) Proposed menu.
(3) Number of inmates and/or guest to be served.
(4) Specific ceremonial foods.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.
HISTORY:
1. Amendment of section filed 12-18-91 as an emergency; operative
12-18-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-16-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL
4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Editorial correction of subsection (c) (Register 95, No. 42).
4. Amendment of section and Note filed 4-24-2006; operative 4-242006 pursuant to Government Code section 11343.4 (Register
2006, No. 17).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Renumbering and amendment of former section 3053 to section
3055 and adoption of new section 3053 filed 12-18-91 as an
emergency; operative 12-18-91 (Register 92, No. 4). A Certificate
of Compliance must be transmitted to OAL 4-16-92 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL
4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Amendment of section heading and section filed 4-24-2006;
operative 4-24-2006 pursuant to Government Code section 11343.4
(Register 2006, No. 17).

3052. Health and Safety Standards.
(a) Standards for sanitation shall meet the requirements set forth
in Health and Safety Code (H&SC) Sections 113945 through
114259.4 (California Retail Food Code (CFC)).
(b) An inspection of the food service area of each institution/
camp shall be conducted at least once a year by the Department
Food Administrator, Central Office, and/or a Department of Health
Services’ Environmental Health Specialist.
(c) The institution head or their designee shall conduct sanitation inspections of the institution/camp kitchens at least once a
month to ensure compliance with the standards set forth in this
section.
(d) Cooks and culinary officers shall conduct daily sanitation
inspections of all workers who handle food to ensure cleanliness,
proper attire, and the absence of open sores or any condition that
may contaminate food.
(e) No person shall be assigned to handle food until instructed
on the standards for sanitation as set forth in CFC, and on all
requirements of this section.
(f) Food handlers shall keep their hands and fingernails clean,
wear nets or caps entirely covering their hair, wear clean garments,
and conform to and comply with CFC. A hand washing requirement sign shall be posted in each restroom used by on-duty food
service workers.
(g) No inmate shall be assigned to the food service area until
medically cleared to handle food.
(h) An inmate food handler with any condition which may
contaminate food shall be referred to the medical department for
examination and shall not return to work in the food service area
until medically cleared.

3054. Religious Diet Program.
(a) Each institution shall make reasonable efforts, as required
by law, to accommodate those inmates who have been determined,
pursuant to CCR, Title 15, subsection 3054.3(b)(1), to require a
religious diet.
(b) Each institution shall provide ongoing religious awareness
training for custody and food service staff, and anyone involved in
the Religious Diet Program.
(c) Religious meals shall not be restricted from inmates based
on their classification or housing placement. Transferring inmates
shall continue participating in their Religious Diet Program.
(d) Medical diets shall take precedence over religious diets.
(e) There shall be at least two distinct religious diet options:
(1) Vegetarian.
(2) Jewish kosher.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY:
1. New section filed 12-18-91 as an emergency; operative 12-18-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL
4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Editorial correction of History Note 1 (Register 95, No. 9).
4. Renumbering of former section 3054 to new section 3056 and new
section filed 9-12-95; operative 10-12-95 (Register 95, No. 37).
5. Amendment of section heading, section and Note filed 4-24-2006;
operative 4-24-2006 pursuant to Government Code section 11343.4
(Register 2006, No. 17).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; and Sections 113945 through 114259.4, Health and
Safety Code.
HISTORY:
1. Amendment of section filed 12-18-91 as an emergency; operative
12-18-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-16-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL
4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Amendment of section heading, section and Note filed 9-12-95;
operative 10-12-95 (Register 95, No. 37).
4. Amendment of subsections (a)–(c) and (e)–(f) and Note filed
4-24-2006; operative 4-24-2006 pursuant to Government Code
section 11343.4 (Register 2006, No. 17).
5. Change without regulatory effect amending subsections (a), (e) and
(f) and amending Note filed 12-18-2007 pursuant to section 100,
title 1, California Code of Regulations (Register 2007, No. 51).

3054.1. Religious Vegetarian Diet.
Religious vegetarian meals shall be available at all institutions.
Inmates with determined religious dietary needs and showing a
CDCR Form 3030-B (09/05), Religious Diet Card, which is
incorporated by reference, shall be provided with an approved
vegetarian protein alternative(s), often from that same days’
scheduled meal.

3053. Food for Religious Events.
(a) Inmate religious groups shall not be permitted more than
two events each year where foods with religious significance are
provided by the institution in place of the regularly planned meal.
These event meals must be approved and sponsored by a Chaplain.

NOTE: Authority cited: Sections 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY:
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 17).

43

§ 3054.2

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

participant list within 24 hours of approval. Maintain, update the
list every 30 days, and provide the CFM with a copy of the list of
those inmates who have been determined eligible to receive a
religious diet, and which diet they will receive.
(7) Regularly monitor the religious diet lists with Food Service
staff to ensure that all inmate religious diet program participants
are served their religious dietary meals with minimal delay.
(8) Coordinate with the CFM to determine which dining area
will provide the inmate his/her meals.
(9) Provide each approved inmate with a CDCR Form 3030-B,
Religious Diet Card. Collect Religious Diet Cards that are no
longer valid.
(10) Meet with inmates, giving them the opportunity to respond
to allegation(s) of Religious Diet Program Agreement compliance
violations, prior to making a determination of continuing eligibility.

2. Change without regulatory effect amending section filed 12-182007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 51).

3054.2. Jewish Kosher Diet.
(a) Jewish kosher meals shall be available at designated institutions. Jewish inmates may participate in the program, as determined by a Jewish Chaplain.
(b) Jewish inmates with unmet kosher dietary needs may, when
classification is appropriate, be considered for transfer to another
institution that can provide the Jewish inmate with a kosher diet.
(c) Jewish inmates shall not give away, trade, or sell a sack
meal. Doing so may result in a compliance violation of the
Religious Diet Program Agreement.
(d) All institutions will adhere to standardized departmental
Jewish kosher diet program menus and approved procedures for
purchasing, preparing, and serving kosher meals.
(e) Observance of Passover constitutes a single religious event,
requiring kosher for Passover foods to be provided during the eight
days of observance.
(f) Each institution shall arrange for ongoing and appropriate
training for all inmate workers, and custody and food service
employees involved in the supervising, ordering, preparation, and
serving of kosher meals.
(g) The Jewish kosher diet program shall be administered in
accordance with the provisions of this Article. A Jewish Chaplain
shall:
(1) Determine inmate entry into the Jewish kosher diet program,
oversee the program, and determine Jewish inmate compliance
violations.
(2) Review each institution’s Jewish kosher diet program annually. Provide results of the review to the Correctional Food
Manager (CFM).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY:
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 17).

3054.4.

Monitoring for Religious Diet Program Inmate
Compliance.
Any incident of an alleged inmate Religious Diet Program
Agreement compliance violation shall be reported using CDC
Form 128-B, General Chrono, citing CCR, Title 15, section 3054.
All reports shall be sent to the appropriate Chaplain, who shall
consult with the inmate, make the final determination of continuing eligibility, and complete a CDCR Form 3030-C (09/05),
Religious Diet Program Agreement-Notice of Non-Compliance,
which is incorporated by reference. A copy of the completed
CDCR Form 3030-C shall be provided to the inmate.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY:
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 17).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code.
HISTORY:
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 17).

3054.3. Participation in a Religious Diet Program.
(a) Any inmate who claims to require a religious diet shall be
responsible for completing a CDCR Form 3030 (09/05), Religious
Diet Request, which is incorporated by reference, and submitting
it to the appropriate institution’s Chaplain. No more than 15
calendar days shall pass from the day the Chaplain receives the
completed CDCR Form 3030, Religious Diet Request, which
results in a determination of program eligibility, to the day an
accepted inmate begins receiving the religious meals requested.
(b) The Chaplain shall:
(1) Interview the inmate to explain the two religious diet
options (including what the meals consist of) and determine the
inmate’s religious diet program eligibility.
(2) When religious diet program eligibility is determined,
explain the department’s Religious Diet Program Agreement.
(3) When applicable, have the inmate sign the CDCR Form
3030-A (09/05), Religious Diet Program Agreement, which is
incorporated by reference, the CDCR Form 3030, Religious Diet
Request, and the CDCR Form 3030-D (09/05), Religious Diet
Program Cancellation Request, which is incorporated by reference.
Document an inmate’s refusal to sign any religious diet departmental forms.
(4) Complete and distribute the CDCR Form 3030, Religious
Diet Request and/or the CDCR Form 3030-A, Religious Diet
Program Agreement, within two working days.
(5) Notify the inmate of the decision in writing by copy of their
CDCR Form 3030, Religious Diet Request.
(6) Enter pertinent information for each inmate approved to
participate in a religious diet program onto a religious diet

3054.5. Meals Served to Non-Inmates.
The meal charge for state employees and persons other than
official guests in state-operated dining rooms maintained and
operated for inmates shall be $.85 plus sales tax. The meal charge
for institution-operated employee dining rooms shall be in accordance with this article.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 17).

3054.6. Reimbursement for State Purchased Food.
Outside guests attending inmate banquets, luncheons, or other
special events where state-purchased food is provided shall be
charged a minimum of $.85 plus sales tax per meal, per guest.
Funds collected in excess of $.85 plus sales tax, for the event shall
be accompanied by a statement, signed by a non-inmate representative of the group, which reads: ‘‘We donate the sum of
$_________ to the Inmate Welfare Fund.’’ If the cost of the meals
exceeds the allowance of $.85 per meal, an additional charge to the
inmate group’s trust account shall be made in accordance with this
article.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 17).

44

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(i) An inmate who is assigned to work in food preparation,
processing or serving areas, and/or around machinery, or in high
fire hazard areas, may be required, for safety and sanitation
reasons, to further limit his/her grooming in order to properly wear
such health and safety equipment as is deemed necessary by staff,
including but not limited to, hair nets, safety head coverings, etc.
(j) An inmate’s fingernails shall not extend more than 1/4 inch
beyond the tips of the fingers. Nails shall be neat and clean.
Female inmates may be permitted to wear only clear nail polish.
(k) An inmate may not pierce any part of his/her body for the
purpose of wearing an earring or other jewelry. A male inmate may
not possess or wear earrings. A female inmate may wear authorized
earrings with only one matching earring worn in each ear. An
inmate shall not possess or wear any type of jewelry or other object
intended to be worn as a body piercing adornment.
(l) A female inmate may wear cosmetics that blend with or
match the natural, non-ruddy skin tone. False eyelashes are not
permitted.
(m) An inmate who fails to comply with these grooming
standards may be deemed a program failure, pursuant to Section
3062, subject to progressive discipline and classification committee review for appropriate housing and program placement. Physical force shall not be used to enforce compliance with these
regulations, except as permitted by existing law or with a court
order.

3055. Use of Food.
Inmates shall not steal, waste, or contaminate food or equipment
used in preparing, processing or serving food. Inmates shall not
remove any food from the dining room, kitchen, or food storage
areas except as specifically authorized by facility staff.
NOTE: Authority cited: section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Renumbering and amendment of former section 3053 to section
3055 filed 12-18-91 as an emergency; operative 12-18-91 (Register
92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-16-92 or emergency language will be repealed by operation of
law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL
4-15-92 and filed 5-26-92 (Register 92, No. 22).

3056. Meals Served to Non-Inmates.
Guests at an inmate banquet, luncheon or other special event
shall be charged for state-purchased food. If funds collected from
the guests for a meal are not the same as the allowed cost per meal,
any excess shall be donated to the Inmate Welfare Fund; any
deficiency shall be charged to the inmate group’s trust account.
NOTE: Authority cited: section 5058, Penal Code. Reference: Section
5054, Penal Code; and Section 19822, Government Code.
HISTORY:
1. Renumbering of former section 3054 to new section 3056 filed
9-12-95; operative 10-12-95 (Register 95, No. 37).

Article 5.

§ 3063

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code, Warsoldier v. Woodford, Case No.: 04–55879, DC
No. CV-04–02233-RSWL, (July 2005); and In re Corey Williams, Case
No.: SC133840A, (February 2004).
HISTORY:
1. Amendment of section heading and section and new Note filed
10-16-97 as an emergency; operative 10-16-97 (Register 97, No.
42). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 3-25-97 or emergency
language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (e) (Register 98, No. 19).
3. Certificate of Compliance as to 10-16-97 order, including amendment of subsection (m) and relocation and amendment of definition
of ’’Program failure’’ from section 3000 to new subsection (n),
transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
4. Amendment of subsection (h)(2) filed 8-25-2000; operative 9-242000 (Register 2000, No. 34).
5. Repealer of subsection (n) 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.
6. Repealer of subsection (n) 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.
7. Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
8. Amendment of section and Note filed 1-17-2006 as an emergency;
operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code
section 5058.3, a Certificate of Compliance must be transmitted to
OAL by 6-26-2006 or emergency language will be repealed by
operation of law on the following day.
9. Certificate of Compliance as to 1-17-2006 order transmitted to
OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).

Personal Cleanliness

3060. Means.
Institutions will provide the means for all inmates to keep
themselves and their living quarters clean and to practice good
health habits.
Comment: Former DP-1501, policy, general.
3061. Personal Hygiene.
Inmates must keep themselves clean, and practice those health
habits essential to the maintenance of physical and mental wellbeing.
Comment: Former DR-1501, personal hygiene.
3062. Inmate Grooming Standards.
(a) An inmate’s hair shall be clean, neatly styled, and groomed,
as specified in these regulations, when he/she is away from the
immediate area of his/her quarters.
(b) An inmate’s hair shall have no lettering, numbering, or
designs of any kind cut, shaved, dyed, painted or in any way placed
in the hair or on the scalp or face of the inmate.
(c) An inmate shall not alter the appearance of his/her hair by
changing its natural color.
(d) An inmate shall not possess a wig or hairpiece unless
deemed medically necessary by the Chief Medical Officer and
authorized, in writing, by the appropriate division of adult institutions’ associate director.
(e) An inmate’s hair may be any length but shall not extend
over the eyebrows, cover the inmate’s face or pose a health and
safety risk. If hair is long, it shall be worn in a neat, plain style,
which does not draw undue attention to the inmate.
(f) An inmate may possess and use approved hair holding
devices based on Section 3190.
(g) An inmate with hairstyles, including but not limited to
braids, cornrows, ponytails, or dreadlocks, shall be required to
unbraid, undo, or take down their hair, as applicable for thorough
inspections, as instructed by custody staff to ensure hair is free of
contraband.
(h) Facial hair, including short beards, mustaches, and sideburns are permitted for male inmates and shall not extend more
than one-half inch in length outward from the face.

3063. Tattoos.
Inmates shall not tattoo themselves or others, and shall not
permit tattoos to be placed on themselves. Inmates shall not
remove or permit removal of tattoos from themselves or others.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
653 and 2082, Penal Code.

45

§ 3064

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Article 6.3.

HISTORY:
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register
83, No. 12).
2. Amendment filed 2-17-95 as an emergency; operative 3-1-95
(Register 95, No. 9). This regulatory action was deemed an
emergency pursuant to section 5058(e) of the Penal Code and
remains in effect for 160 days. A Certificate of Compliance must be
transmitted to OAL by 8-8-95 or emergency language will be
repealed by operation of law on the following day.
3. Amendment filed 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency
pursuant to section 5058(e) of the Penal Code and remains in effect
for 160 days. A Certificate of Compliance must be transmitted to
OAL by 1-16-96 or emergency language will be repealed by
operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section
11346.1(f) (Register 96, No. 8).
5. Amendment filed 2-21-96 as an emergency; operative 2-21-96
(Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed
by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment
of section transmitted to OAL 6-18-96 and filed 7-9-96 (Register
96, No. 28).

3070.

Camp Assignment

Regulations and Procedures.

HISTORY:
1. Repealer of article 6 (Sections 3070–3073) and section filed
10-27-93; operative 11-26-93 (Register 93, No. 44).

3071.

Camp Limits.

HISTORY:
1. Repealer filed 10-27-93; operative 11-26-93 (Register 93, No. 44).

3072.

Public Contact.

HISTORY:
1. Renumbering and amendment of former section 3072 to section
3266, and repealer of former section 3072 filed 10-27-93; operative
11-26-93 (Register 93, No. 44).

3073.

Vehicles.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054, 6202, 6204 and 6206, Penal Code.
HISTORY:
1. Renumbering and amendment of former section 3073 to section
3294.1 and repealer of former section 3073 filed 10-27-93; operative 11-26-93 (Register 93, No. 44).

Article 6.1.
3074.

The Family Foundations Program

3074.3. The Family Foundations Program.
(a) The Family Foundations Program (FFP) is a 12-month
residential substance abuse treatment program for pregnant and/or
parenting female inmates who have been determined by the court
to benefit from participation, recommended by the court for
placement, and are accepted by the Department to participate.
Female inmates in the program will be placed in a Family
Foundations facility in the community as an alternative to serving
their prison term in a State prison institution.
(b) Eligibility. To be eligible, a female inmate shall be sentenced to serve a term of not more than 36 months and be
recommended by the court to participate, must have an established
history of substance abuse, and be either pregnant or the parent of
a child under the age of six years. Medical/dental and mental
health evaluations shall be performed prior to placement to
determine the existence of health care conditions that would affect
participation in the program or require a reasonable accommodation be provided to the participant.
(c) Ineligibility. Female inmates who have been convicted of
violent crimes and other offenses enumerated in Penal Code
section 1174.4 are excluded from the program. In addition, a
woman is ineligible for the program if she has an active or
potential United States Immigration and Naturalization hold;
felony hold; her child is a dependent of the court and it has been
determined by the representative of the appropriate county agency
that it is not in the best interest of the child; she is determined by
the Department to pose an unreasonable risk to the public; a staff
physician or psychiatrist has determined that the inmate’s medical
or psychiatric condition is likely to cause an adverse effect upon
the inmate or upon other persons if the inmate is placed in the
program; or she is not willing to sign a CDC Form 1890, Voluntary
Placement Agreement, (4/99), which is incorporated by reference,
and outlines the obligations and responsibilities of program participants.
(d) Credit earnings and losses, including pre-sentence, behavioral, participation and work time credits shall not be applied while
a woman is in the program. Participants who fail to complete the
12-month residential program shall have credit earnings and losses
applied for time served in the program. Participants who fail the
program for reasons identified in (e) below, shall be delivered to
State prison where they shall serve the remainder of their original
sentences. A classification committee hearing shall precede a
participant’s delivery to State prison.
(e) Adverse reasons for failure to complete the program include:
(1) Program participant fails to participate in programming
activities; or,
(2) Program participant fails to comply with facility rules as
presented in orientation; or,
(3) Program participant fails to participate in vocational/
educational activities; or,
(4) Program participant fails urinalysis/drug or alcohol testing;
or,
(5) Program participant demonstrates violent or disruptive behavior.
(f) Program participants may be removed from the program
because of a health care condition that cannot be adequately
managed in the FFP facility. Behavioral credit loss shall not be
applied in such cases.
(g) Individualized treatment plans shall be developed for each
participant and her child. The treatment plan shall be formulated as
a result of an individual assessment performed by a program
counselor. Each plan shall address the specific treatment needs of
the participant and child including the treatment needs necessary
for transitioning the participant to parole and/or another treatment

3064. Quarters.
Inmates must keep their quarters and surroundings neat, clean
and sanitary. Inmates may not alter their quarters or equipment
without specific authorization to do so.
Comment: Former DR-1504, care of quarters.

Article 6.

TITLE 15

Alternative Sentencing Program

Alternative Sentencing Program Establishment.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
1173, et seq., and 5054, Penal Code; Chapter 1063, Statutes of 1992,
section 4.
HISTORY:
1. New article heading and section filed 10-30-92 as an emergency;
operative 10-30-92 (Register 92, No. 44). A Certificate of Compliance must be transmitted to OAL 3-1-93 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-30-92 order transmitted to OAL
2-9-93 and filed 3-12-93 (Register 93, No. 11).
3. Repealer filed 1-8-2002; operative 2-7-2002 (Register 2002, No. 2).

46

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

program, and shall describe treatment goals for both mother and
child and specific activities and services to achieve these goals.
Changes to this plan may occur throughout the course of treatment
and must be relevant to the participant’s progress toward treatment
goals. Individualized treatment plans shall address a full range of
problems including those directly and indirectly related to:
(1) Substance abuse.
(2) Physical and mental health.
(3) Social services.
(4) Parenting skills.
(5) Vocational and educational skills.
(6) Long-term treatment goals.
(7) Treatment methods and resources.
(h) Early childhood care and development plans shall be developed for each child and shall address issues including, but not
limited to:
(1) Immunizations and communicable diseases.
(2) Pediatric medical care.
(3) Nutrition.
(4) Psychological interventions.
(5) Communication skills.
(6) Motor skill development.
(7) Play therapies.
(i) Each participant shall be provided all of the following:
(1) Intensive substance abuse education classes and relapse
prevention counseling.
(2) Classes, as appropriate, on topics such as domestic violence,
incest survivors, family relationships, co-dependency, living with
AIDS, child custody issues, and legal issues.
(3) Individual counseling sessions.
(4) Group counseling.
(5) HIV-AIDS counseling for pre- and post-HIV testing.
(6) Classes on parenting skills.
(7) Early childhood care and development services.
(8) Educational, vocational, and life skills training.
(9) Medically necessary health services pursuant to section
3350 et seq.
(j) Each participant shall be assigned a case manager and
casework team, comprised of a social worker, facility manager,
counselor, child development specialist, child care worker, nurse,
and departmental custody staff person. The casework team will
manage the participant’s intake, orientation and treatment program
for the duration of the 12 months.
(k) Transition planning for the participant’s release from the
facility to parole, shall begin in the first six months of the program
with a written Transition Services Plan for each participant to be
developed no later than the seventh month. Each participant’s
Transition Services Plan shall be initiated after nine months of
participation in the program. Transition Services Plans shall
consist of, but are not limited to, transitional housing, job
placement or assistance, identification of available social services,
etc.
(l) An outpatient transitional services program shall be developed for each participant and shall include a twelve-month period
of intensive parole supervision pursuant to Penal Code Section
1174.2.
(m) The FFP shall maintain a zero tolerance for drugs and/or
alcohol use. Frequent and random urine testing shall be conducted
to detect any illegal drug use.
(n) Each facility shall maintain a library containing a variety of
reference, fiction, self-help and children’s books for use by
participants and their children.
(o) Facilities shall accommodate requests for voluntary participation in religious programs.
(p) Facilities shall post visiting hours and conditions in English
and Spanish and maintain a weekly visiting schedule for six hours
on Saturday and six hours on Sunday of each week.

§ 3075

NOTE: Authority cited: Sections 1174.8(a) and 5058, Penal Code.
Reference: Sections 1174–1174.9 and 5054, Penal Code.
HISTORY:
1. New article 6.3 (section 3074.3) and section filed 8-18-99 as an
emergency; operative 8-18-99 (Register 99, No. 34). A Certificate
of Compliance must be transmitted to OAL by 1-25-2000 pursuant
to Penal Code section 5058(e) or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-18-99 order, including further
amendment of subsection (1) and Note, transmitted to OAL 12-2-99
and filed 1-13-2000 (Register 2000, No. 2).

Article 6.5.

Intake, Release and Discharge of Inmates

3075. Initial Intake.
(a) Inmates received by the department shall be accompanied
by either a copy of the minute order or an abstract of the judgment
certified by the clerk of the court or judge. The inmate’s identity
shall be verified by staff to prevent inadvertent acceptance of a
person not legally committed to the department.
(b) Upon staff’s receipt of an inmate’s cash, personal securities
and property, a CDC Form 104 (Rev. 4/77), Inmate Property and
Cash Receipt—Arrival, shall be completed.
(c) Each inmate shall be photographed and an identification
card prepared. The identification photo shall be updated every five
years or when there is a distinct change in the inmate’s physical
appearance. An inmate who noticeably changes his/her appearance
will be charged for the cost of the updated identification photo/
card, if the distinct change occurs anytime within the five year
period.
(d) Each inmate shall be informed of the departmental grooming standards and afforded an opportunity to comply prior to being
photographed. Each inmate will be advised that failure to comply
with departmental grooming standards may result in the issuance
of an administrative rule violation report and that a repeated
pattern of administrative rule violations, may result in the inmate
being deemed a program failure pursuant to Section 3000. The
processing officer will document on a CDC 128-B, General
Chrono, the inmate’s refusal to comply with the departmental
grooming standards. The CDC 128-B will be forwarded to records
for the inmate’s initial classification committee review.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1216, 2081.5, 2901, 3058.5, 4537 and 5054, Penal Code.
HISTORY:
1. Article 6.5 heading and new section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of
Compliance must be transmitted to OAL 4-20-92 or emergency
language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order including amendment of Note transmitted to OAL 4-15-92 and filed 5-28-92
(Register 92, No. 22).
3. New subsection (d) filed 10-16-97 as an emergency; operative
10-16-97 (Register 97, No. 42). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL
by 3-25-97 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 10-16-97 order, including further
amendment of subsection (d), transmitted to OAL 3-23-98 and filed
5-4-98 (Register 98, No. 19).
5. Amendment of subsection (c) filed 1-17-2006 as an emergency;
operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code
section 5058.3, a Certificate of Compliance must be transmitted to
OAL by 6-26-2006 or emergency language will be repealed by
operation of law on the following day.
6. Amendment of subsection (d) filed 6-9-2006; operative 7-9-2006
(Register 2006, No. 23).
7. Certificate of Compliance as to 1-17-2006 order transmitted to
OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).

47

§ 3075

DEPARTMENT OF CORRECTIONS AND REHABILITATION

48

TITLE 15

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3075.1

(1) The ISRS shall state the sources of information used and
summarize the inmate’s history of or status concerning: type of
confidential information on file; holds or detainers; medical and
dental requirements or limitations; results of a psychiatric or
psychological referral; work experiences and skills; narcotics,
drugs and alcohol use; escapes; arson offenses; sex-related offenses; academic and vocational needs or interests; necessary
casework follow-up; the counselor’s evaluation of the inmate;
reentry plans if the inmate has six months or less to release;
classification score and custody designation suffix; community
correctional facility eligibility; and recommended facility placement.
(2) An ISRS prepared for a Penal Code section 1203.03
(referred to as a presentence diagnostic) case shall:
(A) Address the inmate’s past criminal behavior.
(B) Include in the counselor’s evaluation of the inmate a
sentencing recommendation to the court.
(C) If the court commits the inmate to the department, include
a supplemental report of any changes affecting the inmate’s
conditions of confinement or parole and sentence since the
presentence summary and a recommended facility placement.
(i) A CDC Form 816, Reception Center Readmission Summary,
shall be completed for parole violators who are returned to custody
with new terms other than a life sentence.
(j) Information affecting an inmate’s conditions of confinement
or parole and sentence and received after completion of the ISRS
or CDC Form 816 shall be incorporated into the inmate’s file.
(1) If the information is received after a transfer recommendation endorsement, or the nature of the information indicates a
proposed classification action inappropriate, the case shall be
referred to a classification committee for reconsideration.
(2) Information received after the inmate has been transferred
shall be forwarded to the inmate’s new facility.

3075.1. Intake Processing.
(a) A CDC Form 188-L (Rev. 3/89), Cumulative Case Summary, shall be prepared for each inmate committed to the department and shall include:
(1) CDC Form 188, Legal Status Summary.
(2) CDC Form 112 (Rev. 9/83), Chronological History.
(3) CDC Form 174 (Rev. 3/87), Probation Officer’s Report
(POR).
(4) Criminal Identification and Investigation (CI&I) Report.
(5) A psychiatric/psychological evaluation, when completed
pursuant to (c) below.
(6) The Institutional Staff Recommendation Summary (ISRS)
described in (h) below.
(7) CDC Form 816 (Rev. 2/03), Reception Center Readmission
Summary.
(8) A summary of the inmate’s social factors regarding the
inmate’s: religion; driver’s license number; social security number; and the names, birthdays, addresses and occupations of
parents and siblings; dates and status of marriages; names,
birthdays and custody of children; and family arrest history.
(b) Information affecting an inmate’s conditions of confinement
or parole and sentence shall be solicited from sources outside the
department, with or without the inmate’s consent, and shall include
California Youth Authority commitment history within the last five
years and history of any federal, state or local commitment.
(c) A psychiatric or psychological evaluation shall be prepared
for each inmate whose behavior or background information causes
staff to believe a serious mental problem may exist.
(d) Casework information and documents important to the
placement and supervision of the inmate shall include:
(1) CDC Form 127 (Rev. 5/00), Notification in Case of Inmate
Death, Serious Injury, or Serious Illness.
(2) CDC Form 128-O (8/92), Document Receipt.
(3) CDC Form 345 (Rev. 5/95), Authorization for the Director
to Maintain Trust Account.
(e) All questionable information shall be verified to the extent
possible.
(f) Information obtained from other documents shall indicate
the source. Unverified information affecting an inmate’s conditions of confinement or parole and sentence shall be noted as
unverified.
(g) Each inmate shall before initial classification be provided a
copy of their CDC Form 188-L from which the CI&I Report and
CDC Form 112 have been removed.
(h) An ISRS shall be prepared for each person committed with
or returned as a parole violator with a new life term.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
1203.01, 1203.03, 2930, 3002, 5054, and 5068, Penal Code.
HISTORY:
1. New section filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
2. Change without regulatory effect amending subsection (d)(3) and
adding new form filed 6-28-95 pursuant to section 100, title 1,
California Code of Regulations (Register 95, No. 26).
3. Amendment of subsections (a), (a)(2) and (d)(1) filed 8-28-2000;
operative 9-27-2000 (Register 2000, No. 35).
4. Change without regulatory effect amending subsection (a)(7) filed
8-21-2003 pursuant to section 100, title 1, California Code of
Regulations (Register 2003, No. 34).

49

§ 3075.1

DEPARTMENT OF CORRECTIONS AND REHABILITATION

50

TITLE 15

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3075.2

parolee’s reintegration into society, and shall only be provided to
an inmate who is released from prison to the direct supervision of
a parole agent in the community or is discharged from the
jurisdiction of the Department of Corrections. Except as stipulated
below, inmates with six months or more served on a sentence or
parole violation shall be given $200, less the costs of clothing and
public transportation provided by the facility in connection with
their release. Parolees who willfully abscond shall forfeit any
remaining release allowance otherwise due them.
(1) A release allowance shall not be provided to an inmate
released to the custody of the federal government or another state
unless the inmate is released from custody and available for parole
supervision in California or a state under the interstate compact
(Article 3 (commencing with section 11175) and Article 3.5
(commencing with section 11180) of Chapter 2 of Title 1 of Part 4
of the Penal Code). Inmates released to the custody and supervision of the U.S. Immigration and Naturalization Service and
waiting for a deportation hearing date are not entitled to receive a
release allowance.
(2) Inmates who are released to the custody of local law
enforcement as a result of a detainer or hold are ineligible to
receive a release allowance until the inmate is released from
custody to direct parole supervision in the community. This
includes a detainer or hold pursuant to commitment proceedings as
a sexually violent predator (Article 4 (commencing with Section
6600) of Chapter 2 of Part 2 of Division 6 of the Welfare &
Institutions Code). If the local custody detainer or hold results in
a new commitment, the inmate will be ineligible for release funds
for the prior prison term(s).
(3) Work furlough inmates:
(A) Work furlough inmates may receive an advance of up to
$100 of their release allowance.
(B) A work furlough inmate subject to Penal Code section 1168
and returned to the institution and whose parole date is rescinded
shall receive $200 if six months or more has been served since
rescission, or up to $200, as determined by the assigned parole
agent, if less than six months has been served.
(C) A work furlough inmate subject to Penal Code section 1170
and returned to the institution for administrative reasons shall
receive $200 upon release, less any amount previously advanced
during work furlough.
(D) Release funds shall not be used to repay facility program
costs.
(4) Parole violators returned-to-custody and serving:
(A) Six consecutive months or more shall receive $200.
(B) Less than six consecutive months shall receive $1.10 for
each day or fraction thereof in custody on revocation status up to
a maximum of $200.
(C) A local concurrent sentence exceeding the Board of Prison
Terms’ ordered revocation time shall receive funds only upon
completion of the local concurrent term and after their release from
jail.
(5) California Youth Authority wards confined in department
facilities, and released:
(A) Within the state shall be given up to $10 cash in addition to
transportation expenses and, if necessary, clothing which shall not
exceed $20 in value.
(B) To independent placement may receive no more than $25
cash.
(6) Upon release from a revocation unit, parolees or civil addict
parolees shall be provided bus transportation to their residence
area plus $10 cash if the distance to their residence is less than 200
miles or $15 cash if such distance is 200 miles or more, if release
is for one of the following reasons:
(A) Charges against the parolee were dismissed.
(B) Charges against the parolee were not substantiated.

3075.2. Releases.
(a) Day of release. Inmates, except as otherwise provided by
applicable law and regulations, shall be released on their scheduled
release date. Inmates shall not be retained beyond their discharge
date.
(b) Release Instructions.
(1) Notification of registration requirements:
(A) An inmate required to register pursuant to Penal Code
sections 290 or 457.1 or Health and Safety Code section 11590
shall be notified of the requirement before being released from
custody.
(B) Such inmates shall complete a SS Form 8047, Notice of
Registration Requirement, acknowledging notification of the requirement.
(2) Reporting instructions:
(A) The CDC Form 611 (Rev. 9/91), Release Program Study;
CDC Form 1515 (Rev. 3/92), P&CSD Notice and Conditions of
Parole; CDC Form 1570 (Rev. 12/89), Guidelines for Parole; and
reporting instructions shall be explained to the inmate at least 45
days before their scheduled release to parole or, if less than 45 days
remain as a result of a change in the inmate’s legal status, as soon
as possible.
(B) The CDC Form 611 shall specify a date, time, place and
official to whom a newly released inmate shall report.
(C) Authorized delay in reporting. Any delay in reporting shall
be in writing. The assigned parole agent may authorize a delay in
reporting of no more than seven days from the parolee’s scheduled
reporting date. A delay of more than seven days shall require the
authorization of a unit supervisor or higher staff. Parolees designated as high control cases shall not be granted a delay in reporting
to their assigned parole agent.
(3) Notice and conditions of parole requirements:
(A) The CDC Form 1515 shall be interpreted or otherwise
communicated to any parolee who does not understand or read
English.
(B) A unit supervisor or higher-level staff may place an inmate
or parolee refusing to sign the CDC Form 1515 into custody
pending a revocation hearing.
(C) Any special conditions of parole imposed by the department
shall be related to the inmate’s commitment offense or to conduct
that may reasonably lead to future criminal behavior.
(D) When a department-imposed special condition no longer
applies to a parolee, a unit supervisor or higher-level staff may
remove or modify any but the following department-imposed
special conditions:
1. A prohibition on the use of alcoholic beverages pursuant to
Penal Code section 3053.5 and 15 CCR 3901.9.4(b).
2. A requirement to participate in psychiatric treatment, unless
parole outpatient clinic staff has recommended, in writing, that the
treatment be discontinued.
(E) Within five days after verbally requiring or prohibiting
specific behavior of a parolee, staff shall give the parolee written
confirmation of such instructions.
(c) Release Clearances.
(1) Before release, an inmate shall be provided a CDC Form
162 (Rev. 1/66), Inmate Release Clearance, to obtain the signature
indicating the release clearance of the facility officials as designated thereon, and return the form to the facility’s receiving and
release office.
(2) The original CDC Form 122 (Rev. 12/85), Property ReceiptRelease, which is completed by receiving and release staff, shall be
provided to the inmate before release.
(3) At time of release, the inmate shall sign a CDC Form 102
(Rev. 5/92), Release Statement and Clothing Authorization, acknowledging receipt of any cash, checks, and clothing.
(d) Release Allowances. A release allowance is a sum of money
intended for the rehabilitative purpose of assisting in an inmate/

51

§ 3075.3

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(c) Information which was not made available to the court in
pronouncing the inmate’s sentence is brought to the attention of
the director, who deems the information would have influenced the
sentence imposed by the court.
(d) The director deems that circumstances have changed to the
extent that the inmate’s continued incarceration is not in the
interest of justice.

(C) The parolee was continued on parole and a revocation term
was not assessed.
(7) Inmates or parole violators transferred to the custody and
supervision of the Department of Mental Health shall not be
provided a release allowance until they are released to the
community and are either under the direct supervision of a parole
agent, or discharged to the community and no longer under the
jurisdiction of the Department of Corrections.
(e) Transportation Arrangements.
(1) An inmate’s transportation upon release shall be arranged
by the facility, unless a private party has contacted the facility at
least three days before the inmate’s scheduled release, has offered
to provide transportation, and the facility has approved the
arrangement.
(2) Any transportation costs paid by the state shall be deducted
from the inmate’s release allowance.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
1170(d) and 5054, Penal Code.
HISTORY:
1. New section filed 5-20-92 as an emergency; operative 5-20-92
(Register 92, No. 21). A Certificate of Compliance must be
transmitted to OAL by 9-17-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL
9-9-92; disapproved by OAL and order of repeal of 5-20-92 order
filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92
pursuant to Government Code section 11346.1(h) (Register 92, No.
43). A Certificate of Compliance must be transmitted to OAL
2-23-93 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first paragraph and subsection (b) transmitted to OAL
12-18-92 and filed 2-3-93 (Register 93, No. 6).

NOTE: Authority cited: Sections 2713.1 and 5058, Penal Code.
Reference: Sections 290, 457.1, 1168, 1170, 2713.1, 2901, 2962,
3053.5, 5054, 11175, 11176 and 11180, Penal Code; Section 11592,
Health and Safety Code; and Sections 6601 and 6604, Welfare and
Institutions Code.
HISTORY:
1. New section filed 6-27-94; operative 7-27-94 (Register 94, No. 26).
2. Amendment of subsections (d) and (d)(1), new subsections (d)(2)
and (d)(7), repealer of subsection (d)(4), subsection renumbering,
amendment of newly designated subsection (d)(3)(C) and amendment of Note filed 1-21-2003; operative 2-20-2003 (Register 2003,
No. 4).

3076.1. Recall of Commitment Consideration Criteria.
For inmates meeting one or more of the eligibility requirements
of section 3076, the classification and parole representative shall
consider the following criteria as may be applicable before
recommending recall of commitment consideration for an inmate:
(a) The inmate is or is not terminally ill or, if diagnosed as
having an illness, which results in death, the inmate has more than
an estimated six months to live.
(b) The inmate’s commitment offense is for one or more of the
following felonies: murder, attempted murder, voluntary manslaughter, mayhem, rape with force or violence, sodomy with force
or violence, oral copulation with force or violence, lewd acts on a
child under 14 years of age, arson, and/or other felonies punishable
by imprisonment for life.
(c) The inmate is or is not designated as a high notoriety case by
the classification staff representative or their placement has or has
not been ordered by the departmental review board because of an
unusual threat to the safety of persons or public interest in the
inmate’s case.
(d) The court was aware of the inmate’s imminent terminal
status at the time of sentencing.
(e) The inmate’s prior criminal history reflects a pattern of
convictions for violent acts against persons pursuant to Penal Code
section 667.5(c).
(f) The inmate has no prior criminal convictions preceding the
commitment offense.
(g) There exists a documented victim or next of kin of the
commitment offense in the community who would suffer fear from
the release of the inmate back into the community.
(h) The inmate’s documented institutional behavior reflects an
ongoing, serious pattern of force, violence, assault, arson or
predatory sexual behavior.
(i) The inmate is terminally ill and there are or are not verifiable
community resources appropriate, sufficient, and immediately
available to provide support and sustenance and to meet the
inmate’s medical and/or psychological needs upon release.

3075.3. Discharge Certificates.
(a) CDCR Form 163 (Rev. 10/06), Certificate of Discharge,
which is incorporated by reference, shall be issued to each person
who has completed their commitment to the department.
(b) Such certificate shall be issued to the inmate before release
and mailed to parolees after their discharge date.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 6-27-94; operative 7-27-94 (Register 94, No. 26).
2. Amendment of subsection (a) filed 12-9-2008; operative 1-8-2009
(Register 2008, No. 50).

3075.4.

TITLE 15

Earned Discharge From Parole.

NOTE: Authority cited: Section 5058.3, Penal Code. Reference:
Sections 667.5(c), 1192.7 and 5054, Penal Code.
HISTORY:
1. New section filed 10-1-2007 as an emergency; operative 10-1-2007
(Register 2007, No. 40). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 3-102008 or emergency language will be repealed by operation of law
on the following day.
2. New section refiled 2-25-2008 as an emergency; operative 2-252008 (Register 2008, No. 9). A Certificate of Compliance must be
transmitted to OAL by 5-26-2008 or emergency language will be
repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g)
(Register 2008, No. 22).

3076.

Recall of Commitment Recommendation
Circumstances.
The director may recommend at any time to the sentencing court
the recall of an inmate’s commitment pursuant to Penal Code
section 1170(d) for one or more of the following reasons:
(a) The inmate is terminally ill and is not condemned or
sentenced to life without possibility of parole.
(b) It is evident from the inmate’s exceptional behavior that is
so extraordinary beyond simply complying with all regulations and
procedures during incarceration that they have changed as a person
and would be a positive asset to the community.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
1170(d), 3043 and 5054, Penal Code.
HISTORY:
1. New section filed 5-20-92 as an emergency; operative 5-20-92
(Register 92, No. 21). A Certificate of Compliance must be
transmitted to OAL 9-17-92 or emergency language will be
repealed by operation of law on the following day.

52

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3076.3

(b) Recall of Commitment Processing for Non-Terminally Ill
Inmates.
(1) Requests for consideration for recall of commitment which
are initiated by the facility at any time or by the sentencing court
more than 120 days after the date of commitment shall be referred
to the classification and parole representative via the inmate’s
caseworker.
(2) Upon receipt of the request, the classification and parole
representative shall consider the criteria listed in section 3076.1
and the inmate’s central file before recommending recall of
commitment consideration for the inmate.
(3) If the classification and parole representative recommends
against further recall consideration, the reasons shall be documented on a CDC Form 128-B, Chrono—General (Rev. 4/74),
which shall be countersigned by the warden or chief deputy
warden. The original CDC Form 128-B shall be filed in the
inmate’s central file and a copy, excluding any confidential
material as defined in section 3321, sent to the inmate.
(4) If the classification and parole representative determines
that the inmate’s case warrants recall consideration, the classification and parole representative’s findings shall be submitted to
the inmate’s caseworker, who shall investigate and evaluate the
inmate’s suitability for recommendation of recall and document
their evaluation in a report, with the following attachments:
(A) The inmate’s cumulative case summary.
(B) A list of any victim notification or other special notification
requirements.
(5) The institution’s evaluation and recommendation for a Penal
Code section 1170(d) recall of the inmate, if in favor of recall or
equivocal, or in all cases if the evaluation was originally requested
by the sentencing judge or if the inmate’s term of imprisonment is
under the jurisdiction of the Board of Prison Terms pursuant to
Penal Code section 1170.2, shall be signed by the warden or chief
deputy warden and forwarded to department headquarters, and if
the inmate’s term of imprisonment is under the jurisdiction of the
Board of Prison Terms pursuant to Penal Code section 1170.2, to
the Board of Prison Terms.

2. Certificate of Compliance as to 5-20-92 order transmitted to OAL
9-9-92; disapproved by OAL and order of repeal of 5-20-92 order
filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92
pursuant to Government Code section 11346.1(h) (Register 92, No.
43). A Certificate of Compliance must be transmitted to OAL
2-23-93 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first paragraph and subsection (c) transmitted to OAL
12-18-92 and filed 2-3-93 (Register 93, No. 6).

3076.2. Recall of Commitment Processing.
(a) Recall of Commitment Processing for Terminally Ill Inmates.
(1) Requests for a determination that an inmate is terminally ill
and that they be considered for recall of commitment which are
initiated by the facility at any time or by the sentencing court more
than 120 days after the date of commitment shall be referred to the
inmate’s caseworker, who shall inform the inmate’s treating
physician or the facility’s chief medical officer of the request.
(2) For the purpose of this regulation, the facility’s chief
medical officer must also concur with the treating physician’s
prognosis of the inmate.
(3) Within three working days of the caseworker advising the
chief medical officer or the inmate’s treating physician of the
request or of a medical staff member’s discovery of a medical
condition appropriate for eligibility review, the chief medical
officer shall determine if the inmate is terminally ill. This
determination shall be documented on a CDC Form 128-C,
Chrono-Medical-Psych-Dental, which shall include a description
of the inmate’s illness, physical condition, estimated life expectancy and desire to participate in a recall consideration, and which
shall be submitted to the classification and parole representative.
(4) The classification and parole representative shall review the
report and the inmate’s central file and consider the criteria listed
in section 3076.1 before recommending recall of commitment
consideration for the inmate.
(5) If the classification and parole representative recommends
against further recall consideration, the reasons shall be documented on a CDC Form 128-B, Chrono—General (Rev. 4/74),
which shall be countersigned by the warden or chief deputy
warden within three working days of receipt of the CDC Form
128-C. The original CDC Form 128-B shall be filed in the inmate’s
central file and a copy, excluding any confidential material as
defined in section 3321, sent to the inmate.
(6) If the classification and parole representative determines
that the case warrants recall consideration, the CDC Form 128-C
shall be submitted to the inmate’s caseworker, who shall investigate and evaluate the inmate’s suitability for recommendation of
recall and document their evaluation in a report, with the following
attachments:
(A) The CDC Form 128-C.
(B) The inmate’s cumulative case summary.
(C) A list of any victim notification or other special notification
requirements.
(7) The institution’s evaluation and recommendation for a Penal
Code section 1170(d) recall of a terminally ill inmate, if in favor of
recall or equivocal, or in all cases if the evaluation was originally
requested by the sentencing judge or if the inmate’s term of
imprisonment is under the jurisdiction of the Board of Prison
Terms pursuant to Penal Code section 1170.2, shall be signed by
the warden or chief deputy warden and forwarded within twelve
working days from the date of the CDC Form 128-C to department
headquarters, and if the inmate’s term of imprisonment is under the
jurisdiction of the Board of Prison Terms pursuant to Penal Code
section 1170.2, to the Board of Prison Terms.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
1170(d), 3043 and 5054, Penal Code.
HISTORY:
1. New section filed 5-20-92 as an emergency; operative 5-20-92
(Register 92, No. 21). A Certificate of Compliance must be
transmitted to OAL 9-17-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL
9-9-92; disapproved by OAL and order of repeal of 5-20-92 order
filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92
pursuant to Government Code section 11346.1(h) (Register 92, No.
43). A Certificate of Compliance must be transmitted to OAL
2-23-93 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of subsections (a)(1), (a)(3)–(5) and (b)(2) transmitted to
OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).

3076.3.

Victim Notification for Recall of Commitment
Recommendations.
When informed that an inmate’s commitment has been recommended for recall to the court, the inmate’s classification and
parole representative shall notify any victim of a crime committed
by the inmate, or the victim’s next of kin if the victim has died,
provided that the victim or the victim’s next of kin has requested
notice of any hearing to review or consider the parole suitability or
the setting of a parole date for the inmate, and the requesting party
has kept the department or the Board of Prison Terms apprised of
their current mailing address. The notification shall include the
name and address of the court that will consider recall.

53

§ 3077

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(1) Is a documented and validated prison gang, or disruptive
group member or associate.
(2) Has a prior conviction where the offender’s victim(s)
suffered death, disability, or serious injury.
(3) Has any history of sex or arson offenses subject to registration pursuant to PC sections 290 and 457.1.
(4) Has a United States Immigration and Customs Enforcement
hold from countries without immigration treaties.
(5) Possesses outstanding or active felony holds from other
jurisdictions.
(6) Qualifies for participation in a drug treatment program as
defined in PC section 1210(b).
(7) Repeat offenders with a new sentence and who are offered
a probationary sentence are not automatically excluded from
consideration for participation in the SB 618 Program upon
approval of the court.
(d) Discretionary factors. The following are discretionary factors that will be taken into consideration when determining on a
case-by-case basis, SB 618 Program eligibility:
(1) Prior convictions for PC section 667.5(c). Where a defendant has been out of custody for no less than five years and has
committed no other violent felony as defined under Penal Code
section 667.5(c), prior convictions for violent felonies under Penal
Code section 667.5(c) that do not involve death, great bodily injury
or permanent disability will be screened for SB 618 eligibility on
a case-by-case basis.
(2) Repeat offenders as described in 3077(d)(1) with a new
offense who pick up a new prison term are not automatically
excluded from consideration for participation in the SB 618
Program upon recommendation of the court with concurrence of
CDCR.
(3) Parole violators with a new term, who before parole were
SB 618 Participants, are automatically excluded from consideration for participation in the SB 618 Program.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
1170(d), 3043 through 3043.3 and 5054, Penal Code.
HISTORY:
1. New section filed 5-20-92 as an emergency; operative 5-20-92
(Register 92, No. 21). A Certificate of Compliance must be
transmitted to OAL 9-17-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL
9-9-92; disapproved by OAL and order of repeal of 5-20-92 order
filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92
pursuant to Government Code section 11346.1(h) (Register 92, No.
43). A Certificate of Compliance must be transmitted to OAL
2-23-93 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 10-23-92 order transmitted to OAL
12-18-92 and filed 2-3-93 (Register 93, No. 6).

Article 6.7. Transfer of Inmate
Assessment Responsibility
3077. County Assessment Program.
The California Department of Corrections and Rehabilitation
(CDCR), pursuant to the provisions in sections 3375 through 3379,
provides upon reception, an assessment and classification process
to each person committed to the custody of the CDCR. Exception
to this are Senate Bill (SB) 618 Participants, as defined in section
3000, who will be participating in a SB 618 Program, as defined in
section 3000. Pursuant to the authority and process as described in
this section, SB 618 Participants, prior to reception by the CDCR,
shall be assessed by the county in which the offender is adjudged
to have committed his or her crime.
(a) Assessment transfer authority. Pursuant to Penal Code (PC)
section 1203.8, the CDCR is authorized to enter into an agreement
with up to three counties in the State of California to carry out the
assessment of nonviolent felony offenders and to develop a
multi-agency plan (MAP).
(1) The MAP shall be developed at the participating county and
subject to the approval of the CDCR, will be the general plan and
agreement permitting the transfer of the assessment responsibility
to the county. The MAP shall be developed by and have the
concurrence of the following local county representatives or their
designees, which shall include:
(A) The presiding judge.
(B) The chief probation officer.
(C) The district attorney.
(D) The county defense agency.
(E) The local custodial agency (e.g. sheriff).
(2) The MAP shall be submitted to the Board of Supervisors for
approval.
(b) Inmate eligibility. An eligible offender may voluntarily
participate in a SB 618 Program. To be eligible, the offender must
meet the following criteria:
(1) Is convicted in the current case of a non-violent felony.
(2) Must be in custody to participate with no convictions under
PC section 667.5(c) except as provided in subsection 3077(d)(1).
(3) Is a legal resident of the participating county at the time of
his or her conviction (county of last legal residence).
(4) Is sentenced to a state prison for a period of 7 and 72 months
with time to serve remaining to permit commencement and
completion of programming of no more than 36 months or less
than 4 months.
(5) Is able to live independently in the General Population (GP)
of the participating institution independent of housing designation.
(6) Has a classification score below 52 points.
(c) Exclusionary criteria. An offender is excluded from participating in the SB 618 Program if he or she:

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
HISTORY:
1. New article 6.7 (sections 3077–3077.4) and section filed 2-5-2009
as an emergency; operative 2-5-2009 (Register 2009, No. 6). This
filing contains a certification that the operational needs of the
Department required filing of these regulations on an emergency
basis and were deemed an emergency pursuant to Penal Code
section 5058.3. A Certificate of Compliance must be transmitted to
OAL by 7-15-2009 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order transmitted to OAL
6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).

3077.1.

Senate Bill 618 Program Participant Determination,
Assessment, and Processing.
(a) When an offender is arrested and charges filed, the participating county district attorney (DA) will conduct preliminary
screening for Senate Bill (SB) 618 Program eligibility utilizing the
criteria provided in subsections 3077(b), (c) and (d). If the offender
is identified as a possible SB 618 Participant, as defined in section
3000, the DA, defense attorney, and court shall affirm eligibility
for the SB 618 Program, as defined in section 3000. If eligibility
for participation is approved by the court, the offender will be
petitioned to voluntarily participate in the SB 618 Program. If the
offender agrees, the court will refer the case to county probation
for pre-sentence investigation, multidisciplinary assessment, and
the development of a Life Plan, as described in subsection
3077.1(b). Within 3 working days of the court referral, the offender
will be transported to a predetermined county site for assessment
by a Multi-Disciplinary Team (MDT).
(1) The MDT shall include the following:
(A) County Probation Officer.

54

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3077.2

will be presented to a Classification Staff Representative for
endorsement with the SB 618 Participant in RC status.

(B) Community Case Manager (CCM) who will assist the SB
618 Participant in the community to which he/she is released and
will help to develop a community reentry plan with the SB 618
Participant, his/her family, treatment and social service providers,
and community support persons.
(C) Correctional Counselor (CC) I. The CCI shall make appropriate placement recommendations to a primary California Department of Corrections and Rehabilitation (CDCR) institution/facility
and an alternate CDCR institution/facility. The Participant’s Life
Plan and available Substance Abuse Treatment programs, and
Academic and Vocational programs to advance the Participant’s
Life Plan, shall be used in consideration of the institution/facility
recommendation.
(D) Prison Case Manager (PCM). The PCM shall be a licensed
Clinical Social Worker, or other professional social work classification such as a Bachelor or Master’s degree in Social Work. The
PCM will work with the SB 618 Participant from time of
assessment at the county facility to parole release. The PCM is a
member of the CDCR institution’s Multidisciplinary Team.
(2) The MDT may also include the following:
(A) An education specialist who is a subject matter expert on
educational and vocational assessment, testing and programs.
(B) A licensed mental health clinician who is a subject matter
specialist on mental health and substance abuse screenings, assessments and treatments.
(C) Medical staff, which will include but not be limited to,
doctors, nurse practitioners, nurses, dentists, optometrists, and
medical technical assistants. Medical staff may perform medical
assessments pursuant to the provisions of section 3077.2.
(b) The Life Plan. The SB 618 Participant’s Life Plan will be a
plan based on the assessed needs of the offender which shall
outline the inmate’s specific programming needs and act as a guide
for the SB 618 Participant from sentence and incarceration through
release on supervised parole. The Life Plan, which may be
referenced differently at each participating county (e.g. Case Plan,
Participant Plan, etc.), shall be developed by and have the
concurrence of the participating county’s MDT.
(1) The Life Plan shall:
(A) Include, but not be limited to, the SB 618 Participant’s
court recommended behavioral health treatment, education literacy, and vocational needs.
(B) Include a recommendation for completion while in state
prison, all programs to address those needs identified in the
assessment.
(2) The CDCR, to the extent feasible, shall provide to the SB
618 Participant, all programs pursuant to the Life Plan recommendations.
(c) Within 23 days of the court referral, the following will
occur:
(1) The SB 618 Participant’s Life Plan, as described in subsection 3077.1(b), shall be developed.
(2) The county probation officer will include the Life Plan with
the pre-sentence report and return it to the court.
(d) Within 28 working days post conviction, the court will
affirm the Life Plan recommendations and sentence the Participant
to state prison.
(e) Within 14 working days after sentencing, the SB 618
Participant shall be transported to the appropriate CDCR institution for placement.
(f) All SB 618 Participants in substance abuse programs will be
subject to random drug testing pursuant to the provisions of section
3290.
(g) Upon the SB 618 Participant’s arrival at the institution’s
reception center (RC), the SB 618 RC CCI will review the SB 618
Participant’s Life Plan, complete the casework and recommend
endorsement for placement into the General Population. The case

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
HISTORY:
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009
(Register 2009, No. 6). This filing contains a certification that the
operational needs of the Department required filing of these
regulations on an emergency basis and were deemed an emergency
pursuant to Penal Code section 5058.3. A Certificate of Compliance
must be transmitted to OAL by 7-15-2009 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order, including amendment of subsections (a)(1)(C) and (d), transmitted to OAL 6-252009 and filed 7-28-2009 (Register 2009, No. 31).

3077.2.

Senate Bill 618 Participant Medical, Dental, and
Mental Health Assessments.
(a) For each county participating in the Senate Bill (SB) 618
Program, as defined in section 3000, and pursuant to California
Department of Corrections and Rehabilitation (CDCR) and Division of Correctional Health Care Services medical, dental, and
mental health court or Receiver ordered requirements, regulations,
policies and procedures, the following assessments may be performed at an appropriate county facility for each SB 618 Participant, as defined in section 3000:
(1) Medical assessments. As permitted by the Medical Care
Receiver, all applicable medical tests and assessments, including
tuberculosis and other tests as necessary relating to communicable
diseases and other medical conditions, may be performed by one or
more of the following:
(A) CDCR medical staff.
(B) County medical staff.
(C) County contract medical staff.
(2) Dental screening, as permitted by the court, may be performed by one or more of the following:
(A) CDCR dental staff.
(B) County dental staff.
(C) County contract dental staff.
(3) Dental training. The CDCR Dental Quality Management
Assessment Team staff or designee shall schedule and provide any
necessary training for county dental staff or county contract dental
staff on-site at the appropriate county correctional facility. Any
necessary materials or supplies, as needed, shall also be provided
to county dental staff or county contract dental staff.
(4) Mental health evaluations, as permitted by the court, may be
performed by one or more of the following:
(A) CDCR mental health staff.
(B) County mental health staff.
(C) County contract mental health staff.
(b) After the arrival of the SB 618 Participant at the appropriate
CDCR institution’s reception center, CDCR medical staff shall:
(1) Complete as necessary, the medical history and physical
exam.
(2) Complete all required medical, dental, and mental health
assessments within mandatory time frames.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code; Title 15, CCR, Section
3350(b)(1); Title 15, CCR, Article 8, Medical and Dental Services;
Title 15, CCR, Article 9, Mental Health Services; Coleman v.
Schwarzenegger (No. S90-0520 LKK JFM P) U.S. District Court,
Eastern District of California; Plata v. Schwarzenegger (No. C01-1351
TEH), U.S. District Court, Northern District of California; and
Settlement Agreement, Perez v. Tilton, et al., Case No. C05-5241 JSW,
U.S. District Court, Northern District of California.
HISTORY:
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009
(Register 2009, No. 6). This filing contains a certification that the

55

§ 3077.3

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

respective Advisory Group will make a determination regarding
the SB 618 Participant’s continued participation in the SB 618
Program.
(1) The Advisory Group at the institution shall include:
(A) Associate Warden or designee.
(B) Classification representative or designee.
(C) PCM Coordinator or designee.
(D) SB 618 Participant’s assigned PCM or designee.
(E) Division of Community Partnership (DCP) analyst or designee.
(2) The Advisory Group in the parole community shall include:
(A) SB 618 Participant.
(B) SB 618 Participant’s assigned:
1. Parole Agent or designee.
2. Community Case Manager or designee.
(C) DCP analyst or designee.
(3) The respective Advisory Group’s findings shall be documented on a CDC Form 128-B, (4/74) General Chrono, as
described in section 3000 under General Chrono, with a copy
placed in the SB 618 Participant’s Central File.
(4) An SB 618 Participant who is determined to no longer be
eligible for the SB 618 Program, may appeal the Advisory Group
decision by utilizing the inmate appeal process as provided in the
California Code of Regulations, Title 15, Chapter 1, Article 8,
sections 3084 through 3085.

operational needs of the Department required filing of these
regulations on an emergency basis and were deemed an emergency
pursuant to Penal Code section 5058.3. A Certificate of Compliance
must be transmitted to OAL by 7-15-2009 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order, including amendment of Note, transmitted to OAL 6-25-2009 and filed 7-28-2009
(Register 2009, No. 31).

3077.3.

Senate Bill 618 Participant Institutional
Programming.
(a) The Senate Bill (SB) 618 Participant, as defined in section
3000, shall be delivered to a Departmental RC as arranged between
the respective county Sheriff’s personnel and CDCR’s Transportation Unit. The RC shall expedite the RC processing of the SB
618 Participant and present the Participant’s case to the Classification Staff Representative (CSR) within 30 days of arrival at the
RC. The CSR shall endorse the case for placement at an appropriate institution/facility in consideration of the SB 618 Participant’s Life Plan. The Departmental Transportation Unit shall
expedite movement of SB 618 Participants to the endorsed
institution/facility utilizing existing resources when possible.
Within 14 days from the time the Senate Bill (SB) 618 Participant,
as defined in section 3000, arrives at the endorsed institution, the
SB 618 Participant shall be seen by the Initial Classification
Committee to ensure that the SB 618 Participant is assigned to
appropriate programming according to his or her Life Plan as
described in subsection 3077.1(b).
(b) Upon completion of the Initial Classification Committee,
the Inmate Assignment Office shall assign the SB 618 Participant
into assignments that correspond with his or her Life Plan.
(1) If there are no vacancies available in appropriate work/
training assignments, the SB 618 Participant shall be placed at the
top of the waiting list for assignment. SB 618 Participants having
the earliest release date shall be given priority.
(2) A Classification Committee action shall be required to place
SB 618 Participants onto a waiting list or remove them from a
waiting list.
(c) A Classification Committee shall review the SB 618 Participant’s progress and case factors at least once a year.
(d) The Prison Case Manager (PCM), as described in subsection
3077.1(a)(1)(D), shall:
(1) Monitor, track, record, and evaluate the SB 618 Participant’s participation and completion in the assigned programs.
(2) Attend the SB 618 Advisory Committee meetings to report
program status and to make any recommendations for changes in
the SB 618 Participant’s Life Plan, if appropriate.
(3) Assist the SB 618 Participant in meeting their Life Plan
needs and goals.
(e) Six months prior to release, the PCM, the SB 618 Participant, parole representative, and the CCM will meet and revise the
Life Plan with an emphasis on the community reentry plan for
housing, transportation, and immediate enrollment in community
support programs which include, but are not limited to, substance
abuse and mental health services, work readiness training and
placement.
(f) A SB 618 Participant who no longer wishes to participate in
the SB 618 Program or is no longer eligible for retention at the SB
618 programming institutions, will be seen by an SB 618 Advisory
Group in the institution or while on parole in the community.
Reasons for being determined ineligible while in the program may
include, but are not limited to, rule violations in prison with a
guilty finding, archive information which if known prior to entry
into the program, such as past violence, would have precluded the
SB 618 Participant from the program, not following program
requirements, and parole violations subsequent to parole. The

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
HISTORY:
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009
(Register 2009, No. 6). This filing contains a certification that the
operational needs of the Department required filing of these
regulations on an emergency basis and were deemed an emergency
pursuant to Penal Code section 5058.3. A Certificate of Compliance
must be transmitted to OAL by 7-15-2009 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order, including amendment of subsections (a) and (c), transmitted to OAL 6-25-2009 and
filed 7-28-2009 (Register 2009, No. 31).

3077.4. Senate Bill 618 Participant Community Services.
(a) To meet the objective of providing a state and local response
that will support and sustain the Senate Bill (SB) 618 Participant,
as defined in section 3000, with his or her rehabilitative efforts,
community services, which may be subject to available state and
local funding, may be made available to the SB 618 Participant.
(b) The community services which are designed to maintain the
SB 618 Participant through discharge from parole or 18 months
from release from parole, whichever is the longest period of time,
may include, but are not limited to:
(1) Transitional or step-down housing.
(2) Occupational development and job placement.
(3) Outpatient mental health services.
(4) Substance abuse treatment services.
(5) Education.
(6) Life skills counseling.
(7) Restitution and community services.
(8) Case management.
(9) Intermediate sanctions for technical violations of conditions
of parole.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.8 and 5054, Penal Code.
HISTORY:
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009
(Register 2009, No. 6). This filing contains a certification that the
operational needs of the Department required filing of these
regulations on an emergency basis and were deemed an emergency
pursuant to Penal Code section 5058.3. A Certificate of Compliance

56

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL
9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. Change without regulatory effect repealing section filed 10-29-90
pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 6).

must be transmitted to OAL by 7-15-2009 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order transmitted to OAL
6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).

Article 7.

Furloughs and Temporary Leave

3080. Administration.
Institution and parole division staff will administer inmate work
and educational furloughs and temporary community release
programs in a prudent manner, and in keeping with the basic need
for public protection.
Comment: Former DP-1701, policy, general.

3084.1. Right to Appeal.
(a) Any inmate or parolee under the department’s jurisdiction
may appeal any departmental decision, action, condition, or policy
which they can demonstrate as having an adverse effect upon their
welfare. The decisions of the Departmental Review Board which
serve as the director’s level decision are not appealable and
conclude the inmate’s or parolee’s departmental administrative
remedy pursuant to section 3376.1.
(b) Institution staff shall provide the assistance necessary to
ensure that inmates who have difficulty communicating in written
English have access to the appeal process.
(c) The department shall ensure departmental appeal forms and
forms prescribed by the Board of Parole Hearings, the Narcotic
Addict Evaluation Authority, the Prison Industry Authority, and the
Joint Venture Program for appeal of decisions, actions, or policies
within their jurisdictions, are readily available to all inmates and
parolees.
(d) No reprisal shall be taken against an inmate or parolee for
filing an appeal. This shall not prohibit appeal restrictions against
an inmate or parolee abusing the appeal process as defined in
section 3084.4.
(e) An appeal alleging misconduct by a departmental peace
officer as defined in section 3291(b) shall be accompanied by a
Rights and Responsibility Statement as shown in section 3391(d).
Failure to submit this form will be cause for rejecting the appeal,
in accordance with section 3084.3(c)(5).

3081. Compliance.
Inmates who are granted a furlough or temporary leave must
comply with all departmental rules and regulations governing such
programs; with any conditions for approval; and, with all applicable laws; and must meet eligibility requirements in accordance
with departmental procedures and Sections 2690, 2691, 6250 et
seq., 6263 of the Penal Code and Section 3306 of the Welfare and
Institutions Code.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
6250–6253 and 6260, Penal Code; and Section 3306, Welfare and
Institutions Code.
HISTORY:
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register
83, No. 12).

3082. Temporary Leaves.
Temporary leaves will be granted only for inmates who meet the
criteria for such leaves, as prescribed in guidelines established by
the director, for the following reasons:
(a) Family Emergency. Emergency leaves will normally be
considered only for attendance at services for deceased members
of the inmate’s immediate family, and for visits to critically ill
members of the inmate’s immediate family. Immediate family
members are defined in section 3000.
(b) Prerelease Planning. Prerelease planning leaves may be
considered for the purpose of employment interviews, making
residential plans and for other reasons closely connected to release
programs. A prerelease leave will not normally be granted earlier
than 63 days before the inmate has an established or reasonably
anticipated release date nor any earlier than is required to accomplish the purpose of a prerelease leave.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
148.6, 832.5 and 5054, Penal Code, Chaker v. Crogan (9th Cir 2005)
428 F. 3d 1215.
HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89. For prior history, see section 3003.
2. Certificate of Compliance as to 5-18-89 order including a clarifying
change of subsection (b) transmitted to OAL 9-7-89 and filed
10-10-89 (Register 89, No. 41).
3. Amendment of subsection (a) filed 1-16-92; operative 2-17-92
(Register 92, No. 13).
4. Amendment of subsections (a) and (d), new subsection (e), and
amendment of Note filed 12-23-96 as an emergency; operative
12-23-96 (Register 96, No. 52). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL
by 6-2-97, or emergency language will be repealed by operation of
law on the following day.
5. Amendment of subsections (a) and (d), new subsection (e), and
amendment of NOTE: refiled 5-29-97 as an emergency; operative
6-2-97 (Register 97, No. 22). A Certificate of Compliance must be
transmitted to OAL by 9-30-97 or emergency language will be
repealed by operation of law on the following day.
6. Editorial correction of History 5 (Register 97, No. 24).
7. Certificate of Compliance as to 5-29-97 order, including amendment of subsections (a) and (e), transmitted to OAL 9-25-97 and
filed 11-7-97 (Register 97, No. 45).
8. Amendment of subsection (c) filed 9-13-2005; operative 9-13-2005
pursuant to Government Code section 11343.4 (Register 2005, No.
37).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2690 and 5054, Penal Code.
HISTORY:
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
3. Amendment of subsection (b) filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
4. Change without regulatory effect amending subsection (a) filed
12-2-2003 pursuant to section 100, title 1, California Code of
Regulations (Register 2003, No. 49).

3083. Court Hearing on Inmate’s Children.
Upon a court order, inmates will be released to the custody of the
sheriff for appearance in court in actions concerning termination of
parental rights of an inmate or other parental or marital rights.
HISTORY:
1. Editorial correction of printing error (Register 92, No. 5).

Article 8.
3084.

§ 3084.1

Appeals

Definitions.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

3. New subsection (g) filed 5-6-92 as an emergency; operative 5-6-92
(Register 92, No. 19). A Certificate of Compliance must be
transmitted to OAL 9-3-92 or emergency language will be repealed
by operation of law on the following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL
8-31-92 and filed 10-7-92 (Register 92, No. 41).
5. Amendment of subsection (a) and Note filed 4-7-95 as an emergency pursuant to Penal Code section 5058; operative 4-7-95
(Register 95, No. 14). A Certificate of Compliance must be
transmitted to OAL by 9-14-95 or emergency language will be
repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-7-95 order transmitted to OAL
6-26-95 and filed 7-25-95 (Register 95, No. 30).
7. Amendment of subsections(a)(1), (a)(2), (c) and (f)(1) filed 1223-96 as an emergency; operative 12-23-96 (Register 96, No. 52).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language
will be repealed by operation of law on the following day.
8. Amendment of subsections (a)(1), (a)(2), (c) and (f)(1) refiled
5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A
Certificate of Compliance must be transmitted to OAL by 9-30-97
or emergency language will be repealed by operation of law on the
following day.
9. Editorial correction of History 8 (Register 97, No. 24).
10. Certificate of Compliance as to 5-29-97 order, including amendment of subsection (c), transmitted to OAL 9-25-97 and filed
11-7-97 (Register 97, No. 45).

9. Amendment of subsection (e) and amendment of Note filed
11-3-2006 as an emergency; operative 11-3-2006 (Register 2006,
No. 44). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 4-12-2007 or emergency language will be repealed by operation of law on the
following day.
10. Certificate of Compliance as to 11-3-2006 order transmitted to
OAL 3-12-2007 and filed 4-19-2007 (Register 2007, No. 16).

3084.2. Appeal Preparation.
(a) Form requirement. The appellant shall use a CDC Form 602
(rev. 12-87), Inmate/Parolee Appeal Form, to describe the problem
and action requested. Initial requests or grievances based on a
disability as defined in Title 42, U.S.C. section 12102 shall be filed
pursuant to section 3085.
(1) A limit of one continuation page, front and back, may be
attached to the appeal to describe the problem and action requested
in Sections A and B of the form.
(2) Only supporting documentation necessary to clarify the
appeal shall be attached to the appeal.
(b) Informal attempt prerequisite. The inmate or parolee shall
attempt to resolve the grievance informally with the involved staff,
unless excepted by sections 3084.5(a)(3) and 3084.7.
(c) Place of filing. At the formal levels, the appeal shall be
forwarded to the appeals coordinator within the time limits
prescribed in section 3084.6.
(d) Appellant submittal. An inmate or parolee shall not submit
an appeal on behalf of another inmate or parolee, except as
provided in subsection (f). An inmate, parolee or other person may
assist another inmate or parolee with preparation of an appeal
unless the act of providing such assistance would create an unsafe
or unmanageable situation.
(e) Limit of system. The department’s appeal procedure shall
not be used to appeal the decisions or actions of other agencies,
except as provided by section 3084.7.
(f) Group appeal. If a group of inmates intend to appeal a
decision, action, or policy affecting all members of the group, one
appeal form with the name and departmental identification number
of the inmate who prepared the appeal shall be submitted.
(1) A legible list of the participating inmates’ names, signatures,
departmental identification numbers, and housing shall be attached
to the appeal.
(2) The inmate submitting the appeal shall be responsible for
sharing the written response with the inmates who signed the
appeal attachment.
(3) If the inmate submitting the appeal is transferred or released,
responses shall be directed to the first or next inmate on the appeal
list attachment, who shall be responsible for sharing the response
with the other inmates identified on the attachment.
(g) Multiple appeals of the same issue. If more than one appeal
regarding the same issue is received.
(1) All such appeals shall be logged.
(2) A written response shall be given to the original appellant.
(3) A copy of the response, with the original appellant’s name
and number removed, shall be given to each of the other
appellants.

3084.3. Screening Appeals.
(a) Appeals coordinator. Each institution head and parole region
administrator shall designate an appeals coordinator, at a staff
position level no less than correctional counselor II or parole agent
II, who shall prior to acceptance for review screen and categorize
each appeal originating in their area for compliance with these
regulations, and shall coordinate the processing of appeals.
(b) Unclear appeal issue.
(1) When a group appeal is received, one or more of the
participating inmates shall be interviewed to clarify the issue under
appeal.
(2) When multiple appeals of the same issue are received, the
original appellant and, as needed for clarification of issues, one or
more of the other appellants shall be interviewed.
(3) When an appeal indicates the appellant has difficulty
describing the problem in writing or has a primary language other
than English, the appeals coordinator shall arrange an interview
with the appellant to provide assistance in clarifying or completing
the appeal.
(c) Rejection criteria. An appeal may be rejected for any of the
following reasons:
(1) The action or decision being appealed is not within the
jurisdiction of the department.
(2) The appeal duplicates the appellant’s previous appeal upon
which a decision has been rendered or is pending.
(3) The appeal concerns an anticipated action or decision.
(4) The appellant has not included evidence of attempt to
resolve the grievance at the informal level, unless the informal
level is waived by these regulations.
(5) The appeal is incomplete or necessary supporting documents are not attached.
(6) Time limits for submitting the appeal are exceeded and the
appellant had the opportunity to file within the prescribed time
constraints.
(7) The appeal is filed on behalf of another inmate or parolee,
except as provided in section 3084.2(f).
(8) The appeal constitutes an abuse of the appeal process
pursuant to section 3084.4.
(d) Written rejection. When rejecting an appeal, the appeals
coordinator shall complete an Appeals Screening Form, CDC
Form 695 (rev. 5-83), explaining why the appeal is unacceptable.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
832.5 and 5054, Penal Code; Americans With Disabilities Act, Public
Law 101-336, July 26, 1990, 104 Stat. 328; and section 35.107, Title
28, Code of Federal Regulations.
HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL
9-7-89 and filed 10-10-89 (Register 89, No. 41).

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

If rejection is based on improper documentation, the form shall
provide clear instructions regarding further action the inmate must
take to qualify the appeal for processing.

§ 3084.5

3. Amendment of subsections (a), (a)(1) and (a)(3), repealer and new
subsection(a)(4), and amendment of subsections(b) and (d) filed
12-23-96 as an emergency; operative 12-23-96 (Register 96, No.
52). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 6-2-97, or emergency
language will be repealed by operation of law on the following day.
4. Amendment of subsections (a), (a)(1) and (a)(3), repealer and new
subsection (a)(4), and amendment of subsections (b) and (d) refiled
5-29-97 as an emergency, operative 6-2-97 (Register 97, No. 22). A
Certificate of Compliance must be transmitted to OAL by 9-30-97
or emergency language will be repealed by operation of law on the
following day.
5. Editorial correction of History 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment of subsection (d), transmitted to OAL 9-25-97 and filed
11-7-97 (Register 97, No. 45).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
832.5 and 5054, Penal Code.
HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL
9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. Amendment of subsection (b) and new subsections (b)(1)–(2) filed
5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 19). A
Certificate of Compliance must be transmitted to OAL 9-3-92 or
emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL
8-31-92 and filed 10-7-92 (Register 92, No. 41).
5. Amendment of subsection (a) filed 12-23-96 as an emergency;
operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code
section 5058(e), a Certificate must be transmitted to OAL by
6-2-97, or emergency language will be repealed by operation of law
on the following day.
6. Amendment of subsection (a) refiled 5-29-97 as an emergency;
operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance
must be transmitted to OAL by 9-30-97 or emergency language will
be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 97, No. 24).
8. Certificate of Compliance as to 5-29-97 order transmitted to OAL
9-25-97 and filed 11-7-97 (Register 97, No. 45).

3084.5. Levels of Appeal Review and Disposition.
(a) Informal level. The informal level is that at which the
appellant and staff involved in the action or decision attempt to
resolve the grievance informally.
(1) Unless excepted pursuant to subsection (3) evidence of an
attempt to obtain informal level review is required before an
appeal may be accepted for formal review.
(2) When an appellant attempts to resolve an appeal at the
informal level, the employee contacted by the appellant shall
review and if practical resolve the grievance. The employee shall
report the action taken in the response space provided on the
appeal form, and shall sign and date the form.
(3) The informal level shall be waived for appeal of:
(A) Classification committee actions.
(B) Serious disciplinary infractions.
(C) Classification staff representative actions.
(D) Departmental regulations, policies, or operational procedures.
(E) Exceptional circumstances defined in section 3084.7.
(F) Any action, which the appeals coordinator determines,
cannot be resolved informally.
(G) Alleged misconduct by a departmental peace officer.
(H) The denial of disabled inmate or parolee requests for
reasonable modification or accommodation filed on CDC Form
1824 (1/95), Reasonable Modification Or Accommodation Request, pursuant to section 3085.
(b) First formal level. All appeals shall be initially filed and
screened at the first level. The appeals coordinator may bypass the
first formal level for appeal of:
(1) A policy or procedure implemented by the institution head.
(2) A policy, procedure or regulation implemented by the
department.
(3) An issue, which cannot be resolved at the division head’s
level; e.g., appeal of a regular transfer.
(4) Serious disciplinary infractions.
(c) Second formal level. Second level is for review of appeals
denied at first level or for which first level is otherwise waived by
these regulations. The second formal level, with the exception
provided in section 3084.7(d)(4)(B), shall be completed prior to
the appellant filing at the third formal level.
(d) Third formal level. Third level is for review of appeals not
resolved at second level with the exception provided in section
3084.7(d)(4)(B).
(e) Appeal review. Formal appeals shall not be reviewed by a
staff person who participated in the event or decision being
appealed, or who is of lower administrative rank than any
participating staff, or who participated in review of a lower level
appeal refiled at a higher level.
(1) Second level review shall be conducted by the institution
head or regional parole administrator, or their designee. Institution
heads and regional parole administrators are not prohibited from
reevaluating their own decisions or actions at the second level, and

3084.4. Appeal System Abuse.
(a) Excessive filings. One appellant’s submission of more than
one non-emergency appeal within a seven-calendar-day period
shall be considered excessive.
(1) When an appellant submits excessive appeals, the first
appeal received shall be processed normally and all subsequent
non-emergency appeals filed within the seven-calendar-day period
by that individual shall be suspended.
(2) The appeals coordinator shall consult with the chief, inmate
appeals, who shall determine further action to be taken on the
suspended appeals.
(3) Upon determination of abuse, the chief, inmate appeals,
shall authorize the appeals coordinator to prepare a notice restricting the inmate to one appeal per month for six consecutive months.
(4) Any subsequent violations of the appeal restriction shall
result in an extension of the restriction for an additional six-month
period.
(b) Inappropriate statements. An appeal containing false information, or profanity or obscene language shall be rejected.
(c) Excessive verbiage. Appeals in which the grievance or
problem cannot be understood or is obscured by pointless verbiage
or voluminous unrelated documentation shall be rejected, except as
provided in sections 3084.1(b) and 3084.3(b).
(d) Lack of cooperation. An appellant’s refusal to be interviewed or cooperate with the reviewer shall result in cancellation
of the appeal.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 832.5 and 5054, Penal Code.
HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order including a clarifying
change of subsections (a) and (b) transmitted to OAL 9-7-89 and
filed 10-10-89 (Register 89, No. 41).

59

§ 3084.6

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

written except when an inmate is being returned to a facility for a
disciplinary rehearing, the time constraints shall begin upon the
inmate’s return to that facility.
(i) Delay in Disposition. An administrator may delay for up to
90 days the implementation of a decision affecting an appellant
when such delay will not threaten institution security, the safety of
any person, or create a serious operational problem.

shall respond to appeals filed against them personally for allegations of peace officer misconduct.
(2) Third level review constitutes the director’s decision on an
appeal, and shall be conducted by a designated representative of
the director under supervision of the chief, inmate appeals.
(f) Interview requirements. A personal interview shall be conducted with the appellant at the first level of review unless:
(1) First level was waived. In such case a personal interview
shall be conducted with the appellant at the second level.
(2) The reviewer has decided, before interviewing the appellant,
to grant the appeal.
(3) The appellant is not present at the institution where the
appeal was filed. In such case, a telephone interview with the
appellant shall meet the interview requirement.
(A) If the appeal concerns a disciplinary action, the telephone
interview may be waived if the appeals coordinator determines an
interview would not provide additional facts.
(B) If the appellant is not available for telephone interview, the
reviewers shall request the caseworker in the jurisdiction where the
appellant is located to complete the interview and provide a written
report.
(g) Written response. At each level of review not waived, the
original appeal shall be returned to the appellant with a written
response stating the appeal issue and reasons for the decision.
(h) Disciplinary appeals. When procedural or due process
requirements provided inmates in disciplinary proceedings have
been violated, one of the following remedies shall be considered:
(1) The original disposition shall be vacated and the charges
dismissed if the reviewer determines that the findings of the
disciplinary hearing were not supported by the evidence presented
at the hearing and any of the following circumstances are evident:
(A) The charge was based on information later determined to be
false or unsubstantiated.
(B) A new hearing would not likely produce additional information.
(C) Elapsed time makes it unlikely the accused can present an
adequate defense.
(D) Witnesses whose absence would prevent the accused from
presenting an adequate defense are no longer available.
(2) The original disposition shall be vacated and a new hearing
ordered if the reviewer determines that any of the following
requirements were not met:
(A) The accused was not given copies of required documents
within specified time limits before the hearing and did not waive
the time limits.
(B) The charges were based on confidential information and the
accused was not given a copy of the CDC Form 1030 (Rev. 12/86),
Confidential Information Disclosure.
(C) Confidential information was used and the disciplinary
findings did not address the reliability of the source and the
validity of the information.
(D) The accused was denied witnesses, or when security was an
issue, denied statements of witnesses, which would, in the opinion
of the reviewer, have contributed significant information.
(E) The accused was not allowed to speak or present documentation in their own defense.
(F) The accused was not assigned a staff assistant or interpreter
if required.
(G) An investigative employee was not assigned if required, or
if assigned, the investigative employee did not adequately perform
their task and it appears that such an investigation would have
assisted the accused or hearing officials.
(3) When a disciplinary charge is ordered reheard, a new CDC
Form 115 shall be written and processed. The disciplinary time
constraints shall begin on the date the new CDC Form 115 is

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
832.5 and 5054, Penal Code; Americans With Disabilities Act, Public
Law 101-336, July 26, 1990, 104 Stat. 328; and Section 35.107, Title
28, Code of Federal Regulations.
HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89. For prior history, see section 3003(a) and (b).
2. Certificate of Compliance as to 5-18-89 order including amendment
of subsections (a) and (g) transmitted to OAL 9-7-89 and filed
10-10-89 (Register 89, No. 41).
3. New subsection (a)(3)(F), amendment of subsection (b), new
subsections (g) and (h), and relettering of subsection (g) to (i) filed
5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 19). A
Certificate of Compliance must be transmitted to OAL 9-3-92 or
emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL
8-31-92 and filed 10-7-92 (Register 92, No. 41).
5. New subsection (a)(3)(G) filed 2-1-93 as an emergency; operative
2-1-93 (Register 93, No. 6). A Certificate of Compliance must be
transmitted to OAL 6-1-93 or emergency language will be repealed
by operation of law on the following day.
6. Certificate of Compliance as to 2-1-93 order transmitted to OAL
5-20-93 and filed 6-8-93 (Register 93, No. 24).
7. New subsection (a)(3)(H) and amendment of Note filed 4-7-95 as
an emergency pursuant to Penal Code section 5058; operative
4-7-95 (Register 95, No. 14). A Certificate of Compliance must be
transmitted to OAL by 9-14-95 or emergency language will be
repealed by operation of law on the following day.
8. New subsection (b)(4) filed 5-5-95; operative 6-5-95 (Register 95,
No. 18).
9. Certificate of Compliance as to 4-7-95 order transmitted to OAL
6-26-95 and filed 7-25-95 (Register 95, No. 30).
10. Amendment of subsections (c), (d) and (e)(1) filed 12-23-96 as an
emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to
Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 6-2-97, or emergency language will be
repealed by operation of law on the following day.
11. Amendment of subsections (c), (d) and (e)(1) refiled 5-29-97 as an
emergency; operative 6-2-97 (Register 97, No. 22). A Certificate
of Compliance must be transmitted to OAL by 9-30-97 or
emergency language will be repealed by operation of law on the
following day.
12. Editorial correction of History 11 (Register 97, No. 24).
13. Certificate of Compliance as to 5-29-97 order transmitted to OAL
9-25-97 and filed 11-7-97 (Register 97, No. 45).

3084.6. Appeal Time Limits.
(a) Commencement. Time limits for submitting or reviewing
appeals shall commence upon the date of receipt of the appeal
document by the appeals coordinator or the appellant.
(b) Departmental response. Appeals shall be responded to and
returned to the appellant by staff within the following time limits:
(1) Informal level responses shall be completed within ten
working days.
(2) First level responses shall be completed within 30 working
days.
(3) Second level responses shall be completed within 20 working days, or 30 working days if first level is waived pursuant to
section 3084.5(a)(3).

60

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3084.7

(B) If emergency processing is warranted, the first level shall be
waived and the second level review shall be completed within five
working days.
(C) If dissatisfied with the second level response, the appellant
may resubmit the appeal to the appeals coordinator who shall
telefax it to the chief, inmate appeals, for a third level review
which shall be completed within five working days.
(b) Disciplinary Appeals.
(1) A second level review shall constitute the department’s final
action on appeals of disciplinary actions classified as ‘‘administrative’’ pursuant to section 3314; and Custodial Counseling
Chronos, CDC Form 128-A (rev. 4-74), documenting minor
disciplinary infractions pursuant to section 3312(b).
(2) Appeals of disciplinary actions classified as ‘‘serious’’
pursuant to section 3315, where credit loss is a sanction, may be
appealed through the third level. Within 15 working days of receipt
of the department’s third level denial of a disciplinary credit loss
appeal, the appellant may demand a Board of Prison Terms review.
The appellant shall submit the written demand for such review,
with a copy of the department’s final decision, to the institution’s
classification and parole representative or the parole region’s
appeals coordinator who shall within five working days forward
the material to the Board.
(c) Combined Disciplinary and Parole Rescission Hearing Appeals.
(1) When the outcome of a pending disciplinary hearing may
impact a Board of Prison Terms’ parole rescission hearing on the
same individual, a combined hearing may be held wherein the
evidence is considered by both departmental and Board staff in
arriving at their separate decisions.
(2) When any aspect of a combined disciplinary and parole
rescission hearing is appealed, first and second level review shall
be waived. The appeal shall be forwarded to the chief, inmate
appeals, for a combined review by the department and the Board
of Prison Terms.
(d) Transfer Appeals. A decision for transfer to another institution may be appealed by the affected inmate after endorsement by
the classification staff representative.
(1) Filing of an appeal of a transfer decision shall not normally
be cause to stay or delay a transfer.
(2) Regular transfer appeals:
(A) Informal and first level of appeal shall be waived.
(B) If the appeal is granted at second level, the appellant’s case
shall be presented to a second classification staff representative for
reconsideration.
(C) If the second classification staff representative disagrees
with second level appeal response, the institution head may submit
the case to the departmental review board for final decision.
(D) If the appeal is denied at second level or the institution head
does not refer the case to the departmental review board, the
appellant may appeal at the third level.
(3) Reception center transfer appeals:
(A) The informal level shall be waived.
(B) First level review shall be conducted by the reception
center’s correctional administrator.
(C) If the appeal is granted, the appellant may be retained at the
reception center until the case is presented to a second classification staff representative for reconsideration.
(D) If the second classification staff representative disagrees
with the first level appeal decision, the appellant may resubmit the
appeal for second level review.
(E) Second level review shall be conducted by the institution
head, who may retain the appellant at the reception center as a
second level re-view action and refer the appeal to the departmental review board for resolution. The board’s decision shall constitute final review.

(4) Third level responses shall be completed within 60 working
days.
(5) Exception is authorized in the event of:
(A) Unavailability of the appellant, or staff or inmate witnesses.
(B) Complexity of the decision, action, or policy.
(C) Necessary involvement of other agencies or jurisdictions.
(6) Except for the third formal level, if an exceptional delay
prevents completion of the review within specified time limits, the
appellant shall be informed in writing of the reasons for the delay
and the estimated completion date.
(c) Inmate or parolee response. An appellant must submit the
appeal within 15 working days of the event or decision being
appealed, or of receiving an unacceptable lower level appeal
decision.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
832.5 and 5054, Penal Code; Sections 19572, 19583.5 and 19635,
Government Code; and Brown v. State Personnel Board (1985, 3d
Dist), 166 Cal App 3d 1151, 213 Cal Rptr 53.
HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order including amendment
of subsection (b) transmitted to OAL 9-7-89 and filed 10-10-89
(Register 89, No. 41).
3. Amendment of subsections (b)(1)–(5), repealer and new subsection
(b)(6)(D), amendment of subsections (b)(7) and (c), and repealer of
subsections (c)(1) and (c)(2) filed 12-23-96 as an emergency;
operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted to
OAL by 6-2-97, or emergency language will be repealed by
operation of law on the following day.
4. Amendment of subsections (b)(1)–(5), repealer and new subsection
(b)(6)(D), amendment of subsections (b)(7) and (c), and repealer of
subsection (c)(1) and (c)(2) refiled 5-29-97 as an emergency;
operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance
must be transmitted to OAL by 9-30-97 or emergency language will
be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment, transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97,
No. 45).

3084.7. Exceptions to the Regular Appeals Process.
(a) Emergency Appeals. Usual time limits for staff response
shall not apply to emergency appeals, which shall be resolved in
the shortest practical time.
(1) When circumstances are such that the regular appeal time
limits may result in a threat to the appellant’s safety or cause other
serious and irreparable harm, the appeal shall be processed as an
emergency appeal. Such circumstances include, but are not limited
to:
(A) Need for protective custody.
(B) Decision was made to transfer the appellant to an institution
housing an enemy.
(C) The appellant was scheduled for parole within 15 calendar
days and is appealing a serious disciplinary action resulting in
credit loss extending the release date.
(2) The appeal shall be submitted directly to the appeals
coordinator and include substantiation of circumstances warranting emergency processing of the appeal.
(A) If the appeals coordinator determines emergency processing is unwarranted, the inmate shall be notified and the appeal shall
be processed as a regular appeal.

61

§ 3084.7

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(C) The assistant regional parole administrator shall provide the
first level review and the regional parole administrator shall
provide the second level review, if any.
(D) The inmate may appeal to third level if dissatisfied with
second level response.
(g) Conditions of Parole Appeals. An inmate dissatisfied with
conditions of parole imposed by departmental staff may submit an
appeal requesting removal or change of the conditions.
(1) Within 15 working days following receipt of the decision
outlining conditions of parole, the appellant shall submit the appeal
form directly to the appeals coordinator of the parole region where
the case is assigned.
(2) The informal and first level reviews shall be waived. The
appeals coordinator shall forward the appeal to the regional parole
administrator for second level review.
(3) An appellant dissatisfied with second level review decision,
may file the appeal at third level.
(4) An appellant dissatisfied with a third level review decision
may submit the appeal to the Board of Prison Terms pursuant to 15
CCR sections 2525 and 2526.
(h) Parole Period and Term Computation Appeals.
(1) Informal level review.
(A) The appellant shall submit the appeal to the records office
for research and documenting of the relevant case facts. The
appellant shall be provided a copy of the findings.
(B) The document recording denial of an appeal shall be
hand-delivered to the appellant, who shall sign and date an
Acknowledgement of Receipt, CDC Form 1031 (rev. 8-88).
(2) Formal appeal.
(A) The appellant may then submit to the appeals coordinator
an appeal requesting a computation review hearing.
(B) First level review shall be waived. The computation review
hearing shall constitute the second level of review.
(C) The case records manager or supervisor shall conduct a
computation review hearing within 15 days following receipt of
the appeal.
1. The inmate/parolee shall be notified at least 24 hours prior to
the hearing via the CDC Form 1032 (Rev. 12/86), Notice of Time,
Date and Place of Computation Review Hearing.
2. The hearing shall be held during the inmate’s nonassigned
hours.
(D) Upon staff determination an error exists which the department lacks authority to change, the appeal shall be granted and the
appeal referred to the appropriate agency for disposition.
(E) The appellant shall be provided a copy of the Computation
Review Hearing Decision, CDC Form 1033 (rev. 8-88), at the
conclusion of the hearing.
(F) The appellant may submit the appeal to third level if
dissatisfied with second level response.
(i) Prison Industry Authority Health and Safety Grievances.
(1) An appellant who believes a health or safety hazard exists in
a prison industry operation shall submit the written grievance to
the prison industry safety committee.
(2) If an industrial safety appeal is denied at the third level, the
inmate may file an appeal with the labor commissioner as
prescribed by the Division of Industrial Safety.
(3) If the inmate believes any act of reprisal resulted from the
grievance, an appeal of the alleged reprisal may be filed through
the department’s normal appeal process.
(j) Civil Addict or Releasee Appeal.
(1) Civil addicts or releasees may appeal a staff recommendation for exclusion from the civil addict program, unless the
recommendation is based on a commitment to prison, deportation
or releasee-at-large status.
(2) If an appeal is not received prior to the end of the 15th
calendar day from an appellant’s receipt of written notice of the

(F) If the appeal is denied at first or second level, the appellant
may appeal at the third level.
(4) Involuntary transfer to the California Medical Facility or
Atascadero State Hospital:
(A) Following a hearing on the psychiatric need for an involuntary transfer to the California Medical Facility or Atascadero
State Hospital, the inmate shall be provided with a copy of the
written decision pursuant to Section 3379(d).
(B) The inmate may appeal the written decision, directly to the
third level, within 30 calendar days of receipt of the decision.
(C) A copy of the hearing decision shall be attached to the
appeal.
(e) Lost or damaged personal property appeals.
(1) All property loss or damage arising from the same event or
action shall be included in one appeal.
(2) Replacement or restoration of property.
(A) An attempt shall be made by staff to use local resources to
substitute for, or replace lost property at no cost to the state, or to
repair the item at institution expense.
(B) An appellant’s refusal to accept repair, replacement, or
substitution of like items and value shall be cause to deny the
appeal.
(3) The document denying a property claim appeal at the third
level shall inform the appellant of the right to file a claim directly
with the board of control, and shall provide instructions for such
filing.
(4) Reimbursement for loss. The reimbursement shall not exceed the limit imposed by property procedures and regulations
(Subchapter 2, Article 9, Personal Property).
(A) Reimbursements for $100 or less shall require endorsement
at either the second or third level of review.
(B) Reimbursements for more than $100 shall require both third
level endorsement and Board of Control approval.
(C) Before payment of any granted claim, the appellant shall
sign an Inmate/Parolee Board of Control Release Form, CDC
Form 813 (rev. 2-86), discharging the state from further liability
for the claim pursuant to Government Code section 965. The
appellant shall be provided with a copy of the completed form.
(f) Re-Entry or Work Furlough Placement and Parole to County
of Commitment Appeals. An inmate pending release to the
community and dissatisfied with a parole staff decision regarding
the release program or the location of placement may submit an
appeal requesting administrative review of the decision.
(1) Re-entry or work furlough placement appeals.
(A) The informal level. Appeal of denial of placement into
specific re-entry or work furlough locations shall be submitted by
the appellant to the institution caseworker who prepared Section A
of the Release Program Study, CDC Form 611 (rev. 10-88). The
caseworker shall compare the assigned parole region’s reasons for
denial with the facts contained in the inmate’s central file,
interview the inmate, and record all information obtained on a
CDC Form 128-B (rev. 4-74).
(B) The first level appeal shall be submitted to the appeals
coordinator of the parole region where the denial of placement was
made. A copy of the CDC Form 128-B (rev. 4-74) shall be attached
to the appeal.
(C) The supervisor of the staff person who denied placement
shall conduct the first level review and the regional parole
administrator or designee shall conduct the any second level
review.
(2) Return to county of commitment appeals.
(A) An appeal concerning parole to county of commitment shall
not be accepted until the Release Program Study, CDC Form 611
(rev. 10-88), has been completed and returned to the institution.
(B) The appeal shall be sent to the appeals coordinator of the
parole region where such study was completed. The informal level
of review shall be waived.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

recommendation to exclude, all prepared documentation shall be
forwarded to the committing court.
(3) The second level review shall be the final review.
(4) Time constraints for releasee appeals are:
(A) The assistant regional parole administrator shall complete
the first level review within ten working days.
(B) The regional parole administrator shall complete the second
level review within 15 working days.
(k) Disability Grievances. An inmate or parolee with a permanent disability who is requesting a reasonable modification or
accommodation who has a discrimination complaint or grievance
based on a permanent disability shall follow the procedures
described in section 3085. For the purpose of this section,
permanent disability shall mean a disability/condition that is
expected to last longer than six months.
(l) Movie/Video Selection or Exclusion Appeals.
(1) Movies/videos which have been given a rating of other than
‘‘G,’’ ‘‘PG,’’ or ‘‘PG-13’’ by the Motion Picture Association of
America shall not be approved for general inmate viewing, and
will not be accepted for appeal.
(2) The informal and first level of appeal shall be waived for
appeals related to the selection or exclusion of a ‘‘G,’’ ‘‘PG,’’ or
‘‘PG-13’’ rated or non-rated movie/video for viewing.
(3) An appellant dissatisfied with the second level review
decision may file the appeal at third level.
(m) Joint Venture Program Employer Related Grievances.
(1) Any current or former Joint Venture Program inmateemployee who believes he/she has a grievance regarding a wage
and hour or retaliation claim against a Joint Venture Employer
shall submit the written grievance to the Joint Venture Program
Chief.
(2) The Joint Venture Program Chief shall attempt to resolve all
complaints.
(3) Time frames for filing grievances will be governed by the
Division of Labor Standards Enforcement’s (DLSE) statutes of
limitations, including but not limited to Labor Code Section 98.7
and Code of Civil Procedure Sections 337, 338 and 339, for the
appropriate type of complaint.
(4) If the inmate is dissatisfied with the Joint Venture Program
Chief’s decision, the inmate may file a complaint with the Labor
Commissioner.

§ 3085

(Register 95, No. 14). A Certificate of Compliance must be
transmitted to OAL by 9-14-95 or emergency language will be
repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-7-95 order transmitted to OAL
6-26-95 and filed 7-25-95 (Register 95, No. 30).
8. New subsections (m)–(m)(3) and amendment of Note filed 6-28-96
as an emergency; operative 6-28-96 (Register 96, No. 26). A
Certificate of Compliance must be transmitted to OAL by 1-6-97 or
emergency language will be repealed by operation of law on the
following day.
9. Editorial correction of subsection (m)(3) (Register 96, No. 51).
10. New subsections (m)–(m)(3) and amendment of Note refiled
12-19-96 as an emergency; operative 12-19-96 (Register 96, No.
51). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 5-28-97 or emergency
language will be repealed by operation of law on the following
day.
11. Repealer of subsection (a)(1)(D), amendment of subsections
(a)(2)(A), (b)(2), (d)(4), (d)(4)(A) and (e)(1), repealer of subsections (h) and (h)(1), renumbering of old subsections 3084.7(h)(2)
and (h)(3) to new subsections 3391(b) and (c), subsection relettering, and amendment of newly designated subsection (k) filed
12-23-96 as an emergency; operative 12-23-96 (Register 96, No.
52). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 6-2-97, or emergency
language will be repealed by operation of law on the following
day.
12. Certificate of Compliance as to 12-19-96 order, incorporating
relettering from 12-23-96 order and further amending section and
Note, transmitted to OAL 4-14-97 and filed 5-23-97 (Register 97,
No. 21).
13. Repealer of subsection (a)(1)(D), amendment of subsections
(a)(2)(A), (b)(2), (d)(4), (d)(4)(A) and (e)(1), repealer of subsections (h) and (h)(1), renumbering of old subsections 3084.7(h)(2)
and (h)(3) to new subsections 3391(b) and (c), subsection relettering, and amendment of newly designated subsection (k) refiled
5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22).
A Certificate of Compliance must be transmitted to OAL by
9-30-97 or emergency language will be repealed by operation of
law on the following day.
14. Editorial correction of subsection (j)(1) and History 13 (Register
97, No. 24).
15. Certificate of Compliance as to 5-29-97 order, including amendment of subsections (b)(2) and (k), transmitted to OAL 9-25-97
and filed 11-7-97 (Register 97, No. 45).
16. New subsections (m)–(m)(4) and amendment of Note filed 9-132005; operative 9-13-2005 pursuant to Government Code section
11343.4 (Register 2005, No. 37).

NOTE: Authority cited: Section 5058 and 10006(b), Penal Code.
Reference: Sections 832.5, 5054 and 10006(b), Penal Code; Section
19583.5, Government Code; Wolff v. McDonnell (1974) 418 U.S. 539,
558–560; Americans With Disabilities Act, Public Law 101-336, July
26, 1990, 104 Stat. 328; Section 35.107, Title 28, Code of Federal
Regulations; Section 98.7, Labor Code; and Sections 337, 338 and
339, Code of Civil Procedure.
HISTORY:
1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 9-15-89. For prior history, see section 3325(c).
2. Certificate of Compliance as to 5-18-89 order including amendment
of subsections (a) and (d) transmitted to OAL 9-7-89 and filed
10-10-89 (Register 89, No. 41).
3. Editorial correction of printing errors in subsections (f)(1)(B) and
(g)(2) (Register 92, No. 5).
4. Amendment of subsection (e)(4) and new subsections (h)(3),
(i)(2)(c)1. and 2., and (k) filed 5-6-92 as an emergency; operative
5-6-92 (Register 92, No. 19). A Certificate of Compliance must be
transmitted to OAL 9-3-92 or emergency language will be repealed
by operation of law on the following day.
5. Certificate of Compliance as to 5-6-92 order including amendment
of subsections (e)(4) and (i)(2)(C)1. transmitted to OAL 8-31-92
and filed 10-7-92 (Register 92, No. 41).
6. New subsection (l) and amendment of Note filed 4-7-95 as an
emergency pursuant to Penal Code section 5058; operative 4-7-95

3085. Americans With Disabilities Act.
No qualified inmate or parolee with a disability, as defined in
Title 42, U.S.C. section 12102 shall, by reason of such disability,
be excluded from participation in or be denied the benefits of the
services, programs, or activities of the department, or be subjected
to discrimination.
(a) CDC Form 1824 (1/95), Reasonable Modification Or Accommodation Request. If otherwise qualified or eligible, inmates
or parolees with disabilities as defined in Title 42, U.S.C. section
12102 may request reasonable modification or accommodation to
achieve access to a program, service, or activity offered by the
facility, or may grieve an issue of alleged discrimination based on
disability, by completing a CDC Form 1824. The inmate or parolee
shall complete the front side of the form and forward it to the
appeals coordinator’s office. The form shall be screened in
accordance with section 3084.3 screening criteria and, if it meets
the initial screening criteria, is logged in the CDC Form 645
(7/77), Inmate/Parolee Appeals Log, with the status of a first level
of review.
(b) If dissatisfied with the decision rendered on the CDC Form
1824, the appellant may, within 15 days of receipt of the decision,

63

§ 3085

DEPARTMENT OF CORRECTIONS AND REHABILITATION

appeal to the second level of review by attaching the original
request form, CDC 1824, to a CDC Form 602 (rev. 12-87),
Inmate/Parolee Appeal Form, and completing section ‘‘F’’ of the
CDC Form 602.
(c) Other provisions pertaining to inmate or parolee appeals not
addressed in this section shall apply.

TITLE 15

HISTORY:
1. New section and forms filed 4-7-95 as an emergency pursuant to
Penal Code section 5058; operative 4-7-95 (Register 95, No. 14). A
Certificate of Compliance must be transmitted to OAL by 9-14-95
or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 4-7-95 order transmitted to OAL
6-26-95 and filed 7-25-95 (Register 95, No. 30).

NOTE: Authority cited: section 5058, Penal Code. Reference: Section
5054, Penal Code; Americans With Disabilities Act, Public Law
101-336, July 26, 1990, 104 Stat. 328; and Sections 35.107 and
35.130, Title 28, Code of Federal Regulations.

64

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

65

§ 3085

§ 3085

DEPARTMENT OF CORRECTIONS AND REHABILITATION

66

TITLE 15

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

SUBCHAPTER 2. INMATE
RESOURCES
Article 1.

§ 3093

(1) Complete an itemized order list prior to purchasing canteen
items.
(2) Place a clear thumbprint or three fingerprints on the CDC
Form 184 or IWF Form 21, Cash Register Card (Rev. 4/92).
(3) Sign a CDC Form 184 for the amount approved by the trust
office.
(4) At the time of each purchase, sign the IWF Form 21 to
verify the amount purchased.

Canteens

3090. Inmate Canteen Establishment and Draw Limits.
(a) Each facility shall establish an inmate canteen pursuant to
penal code section 5005 enabling inmate purchases of approved
merchandise. Facility staff shall consult with representatives of the
inmate population when determining items to be stocked in the
canteen for resale to the inmates.
(b) The maximum monthly canteen draw authorized by the
director is $180.00. An inmate’s regular canteen purchases shall
not exceed the limits specified in section 3044 or posted on the
inmate’s IWF Form 21, Cash Register Card (Rev. 4/92), whichever
is less.
(c) Inmates shall be permitted to deduct from their trust account
for canteen purchases by completing a CDC Form 184, Canteen
Draw Order (Rev. 9/88), and submitting it to the trust office. Each
approval shall be posted to the inmate’s IWF Form 21 within eight
days.
(d) An inmate’s trust account deductions for canteen purchases
shall not be restricted beyond limits established by the director for
all inmates in like work/training incentive groups, except by
formal disciplinary action for a violation involving canteen or the
intentional or negligent destruction, damage, or misuse of state
property.
(e) Trust account statements showing current balances shall be
issued to those inmates submitting written requests, provided 90
days have elapsed since their previous request.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5005, 5006 and 5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of section heading, text and Note filed 10-14-93;
operative 11-15-93 (Register 93, No. 42).

3092.

Special Inmate Canteen Purchases.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5006 and 5054, Penal Code.
HISTORY:
1. Amendment of section heading and text and new Note filed
10-14-93; operative 11-15-93 (Register 93, No. 42).
2. Amendment relocating former section 3092 to section 3190(e)–(f)
filed 12-30-2003 as an emergency; operative 1-1-2004 (Register
2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1), a
Certificate of Compliance must be transmitted to OAL by 6-9-2004
or emergency language will be repealed by operation of law on the
following day.
3. Withdrawal and repeal of 12-30-2003 amendment filed 5-27-2004
as an emergency; operative 5-27-2004 (Register 2004, No. 22).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance
must be transmitted to OAL by 9-24-2004 or emergency language
will be repealed by operation of law on the following day.
4. Amendment relocating former section 3092 to section 3190(h) and
(p) filed 5-27-2004 as an emergency; operative 5-27-2004 (Register
2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate
of Compliance must be transmitted to OAL by 11-3-2004 or
emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5005 and 5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
4. Amendment of subsections (a) and (c) filed 2-16-83; effective
thirtieth day thereafter (Register 83, No. 8).
5. Amendment of section heading, text and Note filed 10-14-93;
operative 11-15-93 (Register 93, No. 42).
6. Amendment of subsection (b) filed 3-8-2001; operative 4-7-2001
(Register 2001, No. 10).

3093. Canteen Yard and Cash Register Cards.
(a) Facilities may issue IWF Form 22, Canteen Yard Cards
(Rev. 8/90), for inmate use in making canteen purchases. Inmates
shall not alter such card, nor possess or control another inmate’s
card or other approved means of canteen purchase.
(b) The IWF Form 21, Cash Register Card (Rev. 4/92), of a
transferring inmate shall be cancelled by the trust office and the
unused amount credited to the inmate’s account. A transferring
inmate’s IWF Form 22 shall be also returned to the canteen
cancelled and its value credited to the inmate’s trust account.
(c) Annually on May 31, IWF Form 22 of a color different from
that currently used shall be issued and the previous color no longer
honored. The facility shall post, in conspicuous locations available
to every inmate, a written notice of the IWF Form 22 exchange.
Inmates may, before June 30, exchange their old IWF Form 22 for
new or for credit to their IWF Form 21 or trust account. Exception:
IWF Form 22 of the previous color may be exchanged after June
30 for inmates who were out-to-court or in the hospital during the
exchange period.

3091. Inmate Canteen Operation.
(a) A current list of approved available merchandise, the price
of each item, and the canteen operating hours shall be conspicuously posted at each canteen. Copies shall be made available to
inmates denied direct access to the canteen.
(b) Canteen draw schedules shall:
(1) Be published at least once every six months.
(2) Indicate the deadlines for submission of CDC Form 184,
Canteen Draw Order (Rev. 9/88).
(3) Be posted in each housing unit at each facility and camp.
(4) Include no less than three canteen draw dates each month
based on the last two digits of the inmate’s department identification number. Each inmate shall be entitled to no less than one draw
each month.
(c) Inmates who do not present their privilege card when
purchasing IWF Forms 22, Canteen Yard Cards (Rev. 8/90), or
merchandise shall be limited to one-fourth the maximum monthly
draw.
(d) When purchasing merchandise, inmates shall be required to:

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5005, 5006 and 5054, Penal Code.
HISTORY:
1. Repealer and new section filed 10-7-82; effective thirtieth day
thereafter (Register 82, No. 41).
2. Amendment of section heading, text and Note filed 10-14-93;
operative 11-15-93 (Register 93, No. 42).

67

§ 3094

DEPARTMENT OF CORRECTIONS AND REHABILITATION

income, subject to the exemptions enumerated in subsection (j). In
addition, an administrative fee of 10 percent of the deduction shall
be deducted to reimburse the department for its administrative
costs, for a maximum deduction of 33 percent. The amount
deducted, less the administrative fee, shall be transferred to the
California Victim Compensation and Governing Claims Board for
deposit in the Crime Victims’ Restitution Fund in the State
Treasury. The inmate shall be credited for the amount deducted,
less the administrative fee, against the amount owing on the fine.
A maximum deduction of 33 percent shall remain in effect through
December 31, 2004 at which time subsection (e) shall take effect.
(e) Effective January 1, 2005, when an inmate owes any
obligation pursuant to a restitution fine imposed by a court, the
department shall deduct 40 percent or the balance owing, whichever is less, from the inmate’s wages and trust account deposits
regardless of the source of such income subject to the exemptions
enumerated in subsection (j). In addition, an administrative fee of
10 percent of the deduction shall be deducted to reimburse the
department for its administrative costs, for a maximum deduction
of 44 percent. The amount deducted, less the administrative fee,
shall be transferred to the California Victim Compensation and
Government Claims Board for deposit in the Crime Victims’
Restitution Fund in the State Treasury. The inmate shall be credited
for the amount deducted, less the administrative fee, against the
amount owing on the fine. A maximum deduction of 44 percent
shall remain in effect through December 31, 2006 at which time
subsection (f) shall take effect.
(f) Effective January 1, 2007 and thereafter, when an inmate
owes any obligation pursuant to a restitution fine imposed by a
court, the department shall deduct 50 percent or the balance owing,
whichever is less, from the inmate’s wages and trust account
deposits regardless of the source of such income subject to the
exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to
reimburse the department for its administrative costs, for a
maximum deduction of 55 percent. The amount deducted, less the
administrative fee, shall be transferred to the California Victim
Compensation and Government Claims Board for deposit in the
Crime Victims’ Restitution Fund in the State Treasury. The inmate
shall be credited for the amount deducted, less the administrative
fee, against the amount owing on the fine.
(g) When an inmate owes both a restitution fine and a direct
order of restitution from a sentencing court, the department shall
collect on the direct order(s) of restitution first. Upon satisfaction
of the direct order(s) of restitution, collection of any unsatisfied
restitution fine(s) shall commence until paid in full.
(h) Fines and direct orders of restitution shall be collected from
inmates/parolees who owe restitution while the inmate/parole
violator remains under the jurisdiction of the department, with
certain exceptions, set out in subsection (j).
(i) Fines and direct orders of restitution may be collected from
inmates and parole violators housed in a Reception Center,
Community Correctional Center, Community Correctional Facility, Community Correctional Reentry Center, Restitution Community Correctional Center or Return to Custody Substance Abuse
Treatment Facility. Fines and direct orders of restitution may also
be collected from inmates in the Community Prisoner Mother and
Family Foundations Programs.
(j) Joint Venture Program deposits, funds designated to pay the
costs of a family visit (‘‘family visit funds’’), Temporary Community Leave funds, federal disability payments, veteran benefits, any
reimbursement to an inmate as a result of a claim for lost or
damaged property, or money reimbursed to an inmate due to a
failed attempt to purchase merchandise are exempt from deductions for fines and direct orders of restitution enumerated in
subsections (a), (b), (c), (d), (e), and (f).

3094. Exceeding Inmate Canteen Limits.
Inmates shall not possess canteen items and IWF Form 22,
Canteen Yard Card (Rev. 8/90), with a combined value exceeding
the monthly canteen limits established in section 3044. Excess
canteen items and IWF Form 22 shall be confiscated and stored in
a secure area pending a disciplinary hearing and resolution of any
appeal of the matter.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5005, 5006 and 5054, Penal Code.
HISTORY:
1. Amendment of section heading and text and new Note filed
10-14-93; operative 11-15-93 (Register 93, No. 42).

3095. Nonroutine Canteen Draws.
(a) A newly arrived inmate may within 30 days of arrival
submit CDC Form 184, Canteen Draw Order (Rev. 9/88), for any
scheduled draw. Such exceptions shall not be made for the
inmate’s subsequent draws.
(b) Conservation camp inmates shall submit their CDC Form
184 to the camp lieutenant or designee.
(c) Segregated inmates shall not be permitted to go to the
canteen and shall submit their CDC Form 184 to the segregation
unit staff.
(d) Infirmary patients shall submit their requests for canteen
purchases to the infirmary unit staff.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5005 and 5054, Penal Code.
HISTORY:
1. Repealer and new section filed 10-14-93; operative 11-15-93
(Register 93, No. 42).

Article 1.5.

TITLE 15

Inmate Wages and Deductions

3097. Inmate Restitution Fine and Direct Order Collections.
(a) When an inmate owes any obligation pursuant to a direct
order of restitution imposed by a court, the department shall deduct
30 percent or the balance owing, whichever is less, from the
inmate’s wages and trust account deposits, regardless of the source
of such income, subject to the exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the
deduction shall be deducted to reimburse the department for its
administrative costs, for a maximum deduction of 33 percent. A
maximum deduction of 33 percent shall remain in effect through
December 31, 2004 at which time subsection (b) shall take effect.
(b) Effective January 1, 2005, when an inmate owes any
obligation pursuant to a direct order of restitution imposed by a
court, the department shall deduct 40 percent or the balance owing,
whichever is less, from the inmate’s wages and trust account
deposits regardless of the source of such income, subject to the
exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to
reimburse the department for its administrative costs, for a
maximum deduction of 44 percent. A maximum deduction of 44
percent shall remain in effect through December 31, 2006 at which
time subsection (c) shall take effect.
(c) Effective January 1, 2007 and thereafter, when an inmate
owes any obligation pursuant to a direct order of restitution
imposed by a court, the department shall deduct 50 percent or the
balance owing, whichever is less, from the inmate’s wages and
trust account deposits regardless of the source of such income,
subject to the exemptions enumerated in subsection (j). In addition,
an administrative fee of 10 percent of the deduction shall be
deducted to reimburse the department for its administrative costs,
for a maximum deduction of 55 percent.
(d) When an inmate owes any obligation pursuant to a restitution fine imposed by a court, the department shall deduct 30
percent or the balance owing, whichever is less, from the inmate’s
wages and trust account deposits, regardless of the source of such

68

TITLE 15

§ 3100

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(k) Family visit funds and Temporary Community Leave funds
shall be so designated by the sender on Form 1839 (Rev. 5/97),
Exemption of Family Visit/Temporary Community Leave Funds
From Restitution Fines/Orders, to be completed in its entirety and
returned to staff with the appropriate funds. Any funds received for
either of these two purposes that are not accompanied by the
prescribed form, properly completed, shall be deposited in the
inmate’s trust account and shall be subject to a deduction for
restitution pursuant to subsections (a), (b), (c), (d), (e), and (f).
(l) Existing funds from the inmate’s trust account can be used to
pay for a family visit or a Temporary Community Leave. Upon the
inmate’s request, a hold will be placed on a specified portion of
these funds to pay for the upcoming family visit or Temporary
Community Leave. The inmate shall not use these designated
funds for any other purpose other than the planned family visit or
Temporary Community Leave. Should the family visit or Temporary Community Leave not take place then the hold previously
placed on the funds shall be removed and no restitution deduction
shall be made.
(m) If the family visit does not occur, then the funds designated
for the family visit on Form 1839 (Rev. 5/97), shall have a
permanent hold placed on them in the inmate’s trust account for a
future family visit or until the inmate is released on parole. Should
the inmate transfer to another institution, the hold shall be
removed, the funds deposited into the inmate’s trust account, and
no restitution deduction shall be made.
(n) If the Temporary Community Leave does not occur, then the
funds designated for the leave on Form 1839 (Rev. 5/97), shall be
refunded to the sender.
(o) Any remaining balance on the Temporary Community
Leave fund for a Temporary Community Leave that took place
shall be refunded to the sender.

8. Certificate of Compliance as to 8-11-98 order, including further
amendment of subsections (a) and (b), transmitted to OAL 9-25-98
and filed 11-4-98 (Register 98, No. 45).
9. Amendment of section and Note filed 5-27-2003; operative 7-12003 (Register 2003, No. 22).
10. Amendment of section and Note filed 6-18-2004 as an emergency;
operative 6-18-2004 (Register 2004, No. 25). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 11-29-2004 or emergency language will be
repealed by operation of law on the following day.
11. Certificate of Compliance as to 6-18-2004 order transmitted to
OAL 11-16-2004 and filed 12-30-2004 (Register 2004, No. 53).

3099. Inmate Trust Account Interest.
(a) Beginning January 1, 2009, interest earned on Inmate Trust
Account deposits shall be distributed to qualifying inmates’ trust
accounts based upon the average daily balance in their trust
account. A qualifying inmate is one who has provided a Social
Security Account Number or a Taxpayer ID Number and that
number has been validated with either the Social Security Administration or Internal Revenue Service.
(b) Interest will be distributed in whole penny increments.
(Interest will not be rounded up to the next penny).
(c) Inmate Trust Account funds shall be deposited into an
interest bearing account within the California State Treasury.
(d) The State Treasury account bears interest quarterly. Operational costs shall be deducted from the interest earned on that
account prior to disbursal of the remainder to qualifying inmate
trust accounts on a monthly basis. The interest rate paid to inmates
will be determined by reducing the rate earned to a rate that will
allow maximum distribution of available interest to qualifying
inmates. The rate paid will not exceed the rate earned.
(e) Inmates with validated U. S. Social Security Account
numbers or validated Tax ID numbers shall be eligible to receive
interest.
(f) Inmates who have received $10 or more interest during a tax
year shall have a Form 1099INT filed by CDCR.
(g) Interest distribution shall occur monthly and be subject to all
normal debts and obligations including restitution.
(h) Costs for providing interest such as charges by Social
Security Administration for validation of Social Security Numbers,
cost of forms for reporting, and mailing costs will be deducted
from the interest earned prior to distribution to inmates.
(i) The balance of the interest earned is the amount remaining
after distribution of whole penny increments plus interest earned
on non-qualifying inmate trust accounts less cost of providing
interest. The balance of interest earned remaining at the end of a
fiscal year shall be deposited into the Inmate Welfare Fund for the
benefit of all inmates.

NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code.
Reference: Sections 2085.5 and 5054, Penal Code.
HISTORY:
1. New section filed 9-16-92 as an emergency; operative 9-16-92
(Register 92, No. 38). A Certificate of Compliance must be
transmitted to OAL 1-14-93 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-16-92 order transmitted to OAL
12-24-92 and filed 2-8-93 (Register 93, No. 7).
3. Amendment of section filed 10-17-95 as an emergency pursuant to
Penal Code section 5058(e); operative 10-17-95 (Register 95, No.
42). A Certificate of Compliance must be transmitted to OAL by
3-25-96 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance, including amendment of section, as to
10-17-95 order transmitted to OAL 3-15-96 and filed 4-24-96
(Register 96, No. 17).
5. Editorial correction of subsection (a) (relettered to subsection (b))
(Register 98, No. 9).
6. Amendment of section heading, new subsections (a), (c), and (e),
subsection relettering, and amendment of newly designated subsections (b), (d), and (f)–(j) filed 2-26-98 as an emergency pursuant to
Penal Code section 5058(e); operative 2-26-98 (Register 98, No. 9).
A Certificate of Compliance must be transmitted to OAL by 8-5-98
or emergency language will be repealed by operation of law on the
following day.
7. Amendment of section heading, new subsections (a), (c) and (e),
subsection relettering, and amendment of newly designated subsections (b), (d) and (f)–(j) refiled 8-11-98 as an emergency pursuant
to Penal Code section 5058(e); operative 8-11-98 (Register 98, No.
33). A Certificate of Compliance must be transmitted to OAL by
1-19-99 or emergency language will be repealed by operation of
law on the following day.

NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code.
Reference: Sections 5008 and 5054, Penal Code.
HISTORY:
1. New section filed 12-16-2008 as an emergency; operative 12-162008 (Register 2008, No. 51). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by
5-26-2009 or emergency language will be repealed by operation of
law on the following day.
2. Certificate of Compliance as to 12-16-2008 order transmitted to
OAL 5-22-2009 and filed 6-17-2009 (Register 2009, No. 25).

Article 2.

Handicraft

3100. Handicraft Program Participation.
(a) Each institution or their designee may establish a handicraft
program based on, but not limited to, the following conditions:
(1) possible threat to facility security,
(2) space availability,
(3) sufficient staffing, and
(4) available funding.

69

§ 3101

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(b) Only those inmates in Privilege Groups A and B are eligible
to apply for participation in the handicraft program and must
submit CDC Form 165 (Rev. 7/95), Application for Handicraft
Privilege.
(c) Approval may be granted to those inmates whom, in the
judgement of the institution head or their designee, intend serious
participation and have the skills or the potential and an interest to
develop the skills required for the craft.
(d) The reason(s) for denying an inmate handicraft privileges
shall be documented on Form 165 (Rev. 7/95), Application for
Handicraft Privilege, and returned to the inmate with their application.
(e) An inmate’s right to own, sell or convey personal property,
including all written and artistic material produced or created by
that inmate shall be governed by Section 2601 of the Penal Code.
(f) Handicraft projects or tools necessary for completion of
handicraft projects shall be restricted to the extent necessary to
provide for the reasonable security of the facility and the protection of persons and shall be subject to review by the institution
head or their designee.
(g) Only those items approved by the institution head or their
designee shall be manufactured. A project shall not be approved
under any one or more of the following circumstances:
(1) The size of the materials would exceed the limits established
pursuant to section 3101.
(2) The proposed quantities of the finished item for sale would
exceed probable demands.
(3) The inmate’s loan request for the cost of materials exceeds
the limit established by the institution head or their designee.
(h) Handicraft projects, tools, and materials within a designated
handicraft area, shall be controlled by staff and may be stored in a
designated secured storage area of the facility, dependant upon
space availability at the institution/facility.
(i) Inmates shall not work on a project or participate in any
other handicraft activity during their scheduled work/training
assignment hours.
(j) Supplies and materials for a project shall not be ordered until
the project is approved by the institution head or their designee.

TITLE 15

3102. Suspension or Termination.
(a) Violation of institution handicraft procedures may result in
the inmate being denied participation in the program. Such denial
through disciplinary action will be for a specific period of time in
keeping with the seriousness of the violation. Participation in
handicraft programs or in specific handicraft projects may be
terminated or suspended as a result of classification committee
action which changes the inmate’s custodial classification, housing, or other circumstances which preclude handicraft or specific
kinds of handicraft activity.
(b) Upon suspension or termination of handicraft through disciplinary action, classification committee action, or upon the
inmate’s voluntary termination of handicraft activity, all personally
owned handicraft tools and materials will be placed in institution
storage, or at the inmate’s option and own expense, shipped to any
person designated by the inmate. If placed in institution storage,
tools and materials will be returned to the inmate no later than the
time of release from the institution.
Comment: Former DP-2203, suspension of privilege.
3103. Gifts.
Inmates may give gifts of handicraft items produced by themselves to any correspondent or visitor, subject to institution
procedures for doing so. No limitation will be placed upon the
number of gifts or estimated value of gifts that may be given in
total or to any one person, except that no gift may be given to or
be accepted by an employee of the Department of Corrections.
Comment: Former DP-2204, handicraft gifts.
3104. Inmate Handicraft Sales.
(a) Handicraft items may be sold to the public only at the
facility and as otherwise may be specifically authorized by the
institution head.
(b) The sale price of handicraft items shall be set by the inmate.
An additional 10 percent mark up shall be added to the price of all
articles placed for sale.
(1) One percent of the mark up shall be given to the inmate for
the purpose of refunding duplicate sales tax paid on raw materials
used in the handicraft articles sold.
(2) Nine percent of the mark up shall be deposited into the
Inmate Welfare Fund for the purpose of offsetting administrative
costs.
(c) Inmate handicraft items shall not be sold or given to other
persons for the purpose of resale, except as provided in subsection
(a).
Comment: Former DP-2205, dealing with handicraft.
Former DP-2206, sales of handicraft.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2600, 2601, 5006 and 5054, Penal Code.
HISTORY:
1. Repealer and new section filed 10-7-82; effective thirtieth day
thereafter (Register 82, No. 41).
2. Amendment of section heading, section and Note filed 3-20-96;
operative 4-19-96 (Register 96, No. 12).
3. Amendment of subsection (h) filed 5-27-2004 as an emergency;
operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2600, 2812, and 2813, Penal Code.
HISTORY:
1. Editorial correction of printing error in subsection (b) (Register 92,
No. 5).
2. Amendment of section heading and subsection (a), new subsection
(b), subsection relettering, and amendment of newly designated
subsection (c) filed 1-3-95 as an emergency; operative 1-3-95
(Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by
operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section
11346.1(f) (Register 95, No. 30).
4. Amendment of section heading and subsection (a), new subsection
(b), subsection relettering and amendment of newly designated
subsection (c) filed 7-25-95 as an emergency; operative 7-25-95
(Register 95, No. 30). A Certificate of Compliance must be
transmitted to OAL by 11-22-95 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL
11-17-95 and filed 1-3-96 (Register 96, No. 1).

3101. Volume.
Inmates assigned to handicraft programs may possess handicraft
articles and materials in their quarters/living area. Any authorized
handicraft items in excess of six cubic feet of space shall be
confiscated and disposed of in accordance with Section 3191(c).
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code.
HISTORY:
1. Amendment of section and new Note filed 5-27-2004 as an
emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant
to Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 11-3-2004 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

70

TITLE 15

4. Reinstatement of section as it existed prior to emergency repeal
filed 7-25-95 by operation of Government Code section 11346.1(f)
(Register 95, No. 30).
5. Repealer filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted
to OAL by 11-22-95 or emergency language will be repealed by
operation of law on the following day.
6. Certificate of Compliance as to 7-25-95 order transmitted to OAL
11-17-95 and filed 1-3-96 (Register 96, No. 1).

6. Amendment of subsection(b), new subsections (b)(1)–(2) and
amendment of Note filed 5-6-2002; operative 6-5-2002 (Register
2002, No. 19).

3105. Handicraft Program Assistance to Indigent Inmates.
The institution head or their designee may authorize loans from
the inmate welfare fund (IWF) to help indigent inmates purchase
materials for their initial or continued participation in the handicraft program. The institution head or their designee shall establish
a limit on the dollar amount of IWF loans. A hold for the amount
of the loan shall be placed on the trust account of such an inmate
until the loan is fully repaid.

Article 3.

Library

3120. Inmate Library Requirements.
(a) Each warden shall ensure a library, law library and related
services are maintained for the benefit of all inmates in their
facility, including those inmates confined to segregated housing
units. A library access schedule shall be approved by the warden
and posted throughout the facility.
(b) Material that contains any of the characteristics listed in
sections 3006(a) and (c) shall be prohibited from inmate libraries
unless specifically authorized by the institution head.
(c) To check out material from a library, each inmate shall:
(1) Present photo identification (state identification or privilege
card) as required.
(2) Sign a trust account withdrawal order.
(3) Display the materials to staff when leaving the library.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2079, 2813, 5006, and 5054, Penal Code.
HISTORY:
1. Amendment of section heading, section and new Note filed
3-20-96; operative 4-19-96 (Register 96, No. 12).

3106. Materials.
Inmates must use only materials purchased from their own funds
or approved for their use by the institution’s designated supervisor
of the handicraft program in the manufacture of handicraft articles.
Comment: Former DR-2201, source of handicraft materials.
3107. Donating Items to the Institution.
Inmates may donate handicraft items, articles, tools, and materials to the institution for use by other inmates who are properly
enrolled in approved handicraft programs. Such donations shall be
recorded by the institution’s supervisor of handicraft programs.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054, 2600 and 2601, Penal Code; Toussaint v. McCarthy, 801
F.2d 1080 (9th Cir. 1986); and Bounds v. Smith, 97 S.Ct. 1491 (1977),
430 U.S. 817.
HISTORY:
1. Repealer and new section filed 10-7-82; effective thirtieth day
thereafter (Register 82, No. 41).
2. Amendment filed 6-30-93; operative 7-30-93 (Register 93, No. 27).
3. Certificate of Compliance as to 12-27-95 order including amendment of subsection (b) and Note transmitted to OAL 4-25-96 and
filed 6-6-96 (Register 96, No. 23).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code.
HISTORY:
1. Amendment of section heading and section and new Note filed
5-27-2004 as an emergency; operative 5-27-2004 (Register 2004,
No. 22). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

3121. Library Restrictions and Penalties.
(a) No books or other reference material shall be removed from
an inmate library without the librarian’s authorization.
(b) Books or other library material checked out to an inmate
shall not be loaned to or borrowed by another inmate, and shall be
returned to the library as required.
(c) Inmates whose checked out library material is lost, damaged, or stolen shall be subject to disciplinary actions and may also
be charged for the costs of repair or replacement of the material
and may be denied or have restrictions placed upon their library
privileges.

3108. Subcontracting.
(a) Inmates may not employ another inmate or inmates in the
manufacture of any handicraft article.
(b) Inmates may collaborate in the manufacture of handicraft
articles only with the prior and specific approval of the institution’s designated supervisor of the handicraft program. All inmates
involved in such joint productions or creations shall be given
recognition if the article is disposed of as a gift by or through the
institution. If sold, all inmates involved in its production or
creation are to share in any profit as determined by the institution’s
supervisor of the handicraft program.
Comment: Former DR-2203, subcontracting handicraft production.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendments filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Editorial correction of printing error in Note (Register 92, No. 5).
3. Renumbering and amendment of former section 3122 to section
3121 and renumbering and amendment of former section 3121 to
section 3122 filed 6-30-93; operative 7-30-93 (Register 93, No. 27).

HISTORY:
1. Amendment of subsection (b) filed 2-24-77; effective thirtieth day
thereafter (Register 77, No. 9).

3109.

§ 3122

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Business Dealings.

3122. Inmate Law Library.
(a) Each facility shall provide legal materials through its law
library to provide inmates with meaningful access to the courts.
Inmates with established court deadlines shall be given higher
priority to access law library resources than those with longer
deadlines or without a deadline.
(b) An inmate in a facility without a law library and requesting
access to such resources shall be transferred to a facility with a law
library of departmental choosing for the period of time needed to
complete legal work.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2600 and 2812, Penal Code.
HISTORY:
1. Repealer and new section filed 10-7-82, effective thirtieth day
thereafter (Register 82, No. 41).
2. Editorial correction filed 2-19-85 (Register 85, No. 8).
3. Repealer filed 1-3-95 as an emergency; operative 1-3-95 (Register
95, No. 1). A Certificate of Compliance must be transmitted to OAL
6-12-95 or emergency language will be repealed by operation of
law on the following day.

71

§ 3130

DEPARTMENT OF CORRECTIONS AND REHABILITATION

NOTE: Authority cited: Section 5058, Penal Code. Reference: section
5054, Penal Code; Gilmore v. Lynch, 319 F.Supp. 105 (1970);
Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); Toussaint v.
McCarthy, USDC N.D. Cal. No. C 73-1422 SAW, First Special Report
of the Monitor, August 19, 1987; and Toussaint v. Rowland, USDC
N.D. Cal. No. C 73-1422 SAW, Second Special Report of the Monitor,
June 30, 1988.
HISTORY:
1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Renumbering and amendment of former section 3121 to section
3122 and renumbering and amendment of former section 3122 to
section 3121 filed 6-30-93; operative 7-30-93 (Register 93, No. 27).

Article 4.

TITLE 15

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601, 2930, 5054 and 5058, Penal Code; and Procunier v.
Martinez, 416 U.S. 396.
HISTORY:
1. Amendment of subsection (a) filed 7-17-2008; operative 7-17-2008
pursuant to Government Code section 11343.4 (Register 2008,
No. 29).

3133. Definitions and Disposition of Mail.
(a) Definitions:
(1) First-Class Mail is all mail wholly or partly in writing or
typewriting, all actual and personal correspondence, all bills and
statements of account, and all matter sealed or otherwise closed
against inspection. The maximum weight for a First-Class letter is
13 ounces. All First-Class Mail shall be delivered to the inmate as
soon as possible, but not later than seven calendar days from
receipt of the mail at the facility mailroom.
(2) Standard Mail, formerly called Bulk Mail, is used for
advertising mail, catalogues, and newsletters of a non-personal
nature that are not required to be mailed as First-Class Mail. The
maximum weight for Standard Mail is 16 ounces.
(3) Periodicals are a class of mail consisting of magazines,
newspapers or other publications formed of printed sheets that are
published at least four times a year at regular, specified intervals
from a known office of publication. The known office of publication must be a public office for transacting the business of the
publication during normal business hours, and must also be the
office where the publication’s circulation records are available for
USPS examination.
(4) Package Services are Parcel Post, bound Printed Matter,
Media Mail, and Library Mail. With the exception of parole
clothes and third party special purchase health appliances, inmates
shall not be allowed to receive package services directly from
personal correspondents. Packages containing parole clothes or
third party special purchase health care appliances must be clearly
marked with either ‘‘Parole Clothes’’ or ‘‘Health Care Appliance’’
on the outside of the package. Personal correspondents do not
include the Courts, Law Firms, County, State and Federal Agencies, Publishers, Bookstores, Book Distributors, Religious Organizations that provide written materials only, etc.
(5) For purposes of this article, the definition of indigent inmate
is an inmate who has $1.00 or less in their Inmate Trust Account
for 30 consecutive days.
(b) All incoming and outgoing mail shall be handled in accordance with the following:
(1) All incoming mail shall be properly addressed. Appropriately addressed mail shall include the inmate’s name and department identification number. The mail should also include the
address designated by the institution for inmate mail. The receiving institution is required to update any mail piece that does not
reflect accurate housing or institutional location. Standard Mail
must be addressed to an individual inmate, showing their name,
CDCR number and the address for the applicable institution.
(2) All outgoing mail shall be properly addressed, and shall be
marked indicating that it originated from a California State
Correctional Facility. If addressed to an inmate, it must contain the
sender’s name, department identification number and the return
address designated by the institution for inmate mail, including
housing. It shall also contain the recipient’s name, address, city,
state, and zip code.
(3) All incoming packages and non-confidential mail addressed
to an inmate will be opened and inspected before delivery to the
inmate. The purpose of inspection will be to receive or receipt any
funds enclosed for deposit to the inmate’s trust account, to verify
and record the receipt of permitted personal property, and to
prevent the introduction of contraband. All non-confidential inmate mail, incoming or outgoing, is subject to being read in its

Mail

3130. General Policy.
The California Department of Corrections and Rehabilitation
(CDCR) encourages correspondence between inmates and persons
outside the correctional facility. The sending and receiving of mail
by inmates shall be uninhibited except as specifically provided for
in this article. The Regulations contained in this article shall
provide for the orderly processing of inmate mail and to give
direction to staff, inmates, and their correspondents concerning
facility mail requirements. Mail shall be delivered to inmates,
regardless of housing, unless it is contraband pursuant to section
3006, or is disturbing or Offensive Correspondence pursuant to
section 3135.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601(d) and 5054, Penal Code; and Procunier v. Martinez,
416 U.S. 396.
HISTORY:
1. Repealer of Article 4 (Sections 3130–3143) and new Article 4
(Sections 3130–3147) filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41). For prior history, see Registers 78, No. 33;
78, No. 12; 77, No. 40; 77, No. 20; 77, No. 9 and 76, No. 31.
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3131. Plan of Operation.
Each warden or head of a correctional facility shall prepare and
maintain a plan of operation for the sending and receiving of mail
for all inmates housed in the facility. Procedures of the correctional
facility shall conform to the policies, regulations and the provisions of law made reference to and shall apply to all inmates of the
facility. Correctional staff shall promptly inform each newly
received inmate of all department regulations and local procedures
governing inmate mail.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
2080, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
HISTORY:
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3132. Responsibility and Compliance.
(a) Correspondents are personally responsible for the content of
each item of mail they send into or out of a correctional facility. All
persons corresponding with inmates must comply with existing
laws, regulations and local rules. Any violation of laws governing
mail will be referred to postal authorities and to appropriate
criminal authorities. Violations of law, the policies and regulations
set forth in this article, or of approved facility mail procedures may
result in the temporary suspension or denial of correspondence
between the persons involved.
(b) Departmental employees, inmates and persons corresponding with inmates must comply with the regulations set forth in this
article and with approved facility mail procedures. Failure to do so
may result in legal or administrative measures against the person
or persons involved.

72

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3134

‘‘Forwarding Service Requested’’, or ‘‘Change Service Requested’’, or ‘‘Return Service Requested’’. Staff may dispose of
any Standard Mail piece that does not have a Mailer Endorsement,
and is undeliverable because the inmate is not currently housed at
the institution. Daily newspapers that are delivered by courier will
not be forwarded nor will they be held for an inmate who is
temporarily away from the facility for longer than 72 hours.
Exceptions will be made when the absence results from the
inmate’s participation in facility approved activities such as a
community release program, firefighting or other disaster control
assignments. Newspapers that are delivered by the USPS will have
a forwarding address affixed and shall be returned to the USPS for
processing.
(g) Forwarding Confidential Correspondence. All confidential
correspondence for inmates that must be forwarded will be done
on a daily basis. If delivery of confidential correspondence from
the courts is impeded because the addressee’s name and CDCR
number do not conform to each other, the mailroom will contact
the Litigation Coordinator who will telephone the court to clarify
the identification of the addressee in order to expedite delivery of
confidential correspondence. Staff will document their efforts to
identify the addressee when confidential correspondence from the
courts cannot be delivered.
(h) Temporary Absence. Mail shall be held for an inmate who is
temporarily away from the facility when the inmate’s return is
anticipated within one week.

entirety by designated staff. All non-confidential inmate mail that
is ‘‘returned to sender’’ shall be opened and inspected before being
returned to the inmate.
(4) Facilities shall not require incoming books, magazines or
newspapers to have an institution pre-approved ‘‘vendor approved’’ label affixed to the packaging. A departmentally approved
vendor is any publisher, book store, or book distributor, that does
mail order business. Books, periodicals or other publications that
are mailed from a religious organization shall be considered as
coming from an authorized vendor.
(c) Confidential Mail with Inmate Trust Account Withdrawals.
Inmate confidential mail submitted with a CDC Form 193, Inmate
Trust Withdrawal (Rev. 1/88), to pay for filing fees or other costs
may be left unsealed so that the voucher (check) can be enclosed
after the trust account withdrawal has been processed. Inmates
who do not wish to forward this type of mail unsealed should
attach a stamped, appropriately addressed envelope to the confidential mail so the check can be enclosed and forwarded in the
extra envelope.
(d) Undelivered Mail. All undelivered letters and packages
returned to a facility by the post office shall be opened and
inspected before being returned to the inmate. This inspection is to
determine if the content originated with the inmate sender identified on the letter or package, and to prevent the transmission of
contraband, material, substances, and property that an inmate is not
authorized to possess in the correctional facility. The inspection of
returned mail includes regular mail and letters that were mailed as
confidential correspondence. In the case of returned confidential
correspondence, the envelope shall be opened in the presence of
the inmate. It shall be examined and read to the degree necessary
to determine if it was sent by the inmate and opened or tampered
with before its return to the facility. Upon completion of this
examination, the returned correspondence shall be given to the
inmate. Any contraband found in the returned correspondence shall
be confiscated and processed, and appropriate disciplinary action
taken.
(e) Unmailed Correspondence. If any First-Class Mail is not
accepted for mailing, or is accepted for mailing but is not properly
mailed, the inmate shall be notified in writing of the reason for
refusal to accept or to promptly mail the item(s). When the delay
in mailing exceeds 5 business days, the notice shall be sent and
include the disposition of such mail. Unless retention of such mail
is required in administrative, legal, or disciplinary proceedings
against the inmate or other persons, it shall be promptly mailed or
returned to the inmate.
(f) Forwarding Mail. Mail received for an inmate who has been
transferred from the facility where the mail is received shall be
immediately forwarded to the facility or agency that has current
custody of the inmate. Mail addressed to an inmate who has been
transferred or released shall not be returned to the sender as
‘‘Addressee Unknown’’ unless the individual has been discharged
from CDCR. First-Class Mail and Periodicals addressed to an
inmate who has been transferred within the CDCR shall have a
label affixed with the current address and shall be forwarded via
the USPS. For inmates who have paroled, the affixed label shall
state ‘‘Paroled Region #____’’, and shall show that Parole Regions’ address. Standard Mail with a ‘‘Mailer Endorsement’’ that
was appropriately addressed, but is undeliverable because the
inmate is no longer housed at the facility, shall be returned to the
USPS for processing. Mailroom staff shall affix a label to the
Standard Mail piece showing the correct address before returning
it to the USPS for processing. For inmates who have paroled, the
label affixed to the Standard Mail piece shall state ‘‘Paroled
Region #____’’ and shall show that Parole Regions’ address. The
Mailer Endorsement will appear either near the address block or
below the return address in the top left corner of the mail piece. A
Mailer Endorsement may read ‘‘Address Service Requested’’, or

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S.
396; and Bell v. Wolffish, 99 S. Ct 1861.
HISTORY:
1. Repealer of former section 3133 and renumbering of former section
3147 to new section 3133, including amendment of section heading
and repealer and new section, filed 7-17-2008; operative 7-17-2008
pursuant to Government Code section 11343.4 (Register 2008,
No. 29).

3134. General Mail Regulations.
(a) First-Class Mail can have the following items enclosed,
including but not limited to:
(1) Photographs, with the exception of photographs with attached backing, framed photographs that cannot be searched,
Polaroid’s, negatives, and slides.
(2) Calendars.
(3) Blank greeting cards (No 3-dimensional attachments or
stamps).
(4) Postage embossed envelopes, up to forty.
(5) Blank envelopes.
(6) Writing paper/tablets (white or yellow lined only—no cotton paper).
(7) Typing paper (no cotton paper).
(8) Legal paper, to include colored paper required by court rules
(no cotton paper).
(9) Children’s drawings.
(10) Newspaper clippings, Internet downloaded articles, photocopies of clippings/articles, or electronic mail (e-mail). Prior to
issuance they shall be reviewed to ensure that they comply with
sections 3006 and 3135.
(11) Forty postage stamps. If there is a rate change, then forty
stamps at the old rate, and 40 stamps at the amount needed to equal
the new rate. No personalized postage stamps will be allowed. The
weight limit for First-Class Mail is 13 ounces, and for Standard
Mail is 16 ounces. Photo albums can be obtained by the inmate
from the canteen and the Vendor Package Program. Any unacceptable mail shall be immediately returned to the sender with the
envelope annotated ‘‘Unauthorized Mail, Return to Sender’’.
Inmates shall be noticed pursuant to section 3136.
(b) Metered Envelopes. Metered reply envelopes sent in with
correspondence must adhere to the following conditions:

73

§ 3134.1

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(1) The postage amount must be enough to prepay the postage
in full.
(2) Indicia may be printed directly on the mail piece or on a
label and must be positioned appropriately.
(3) Indicia used to prepay reply postage must not show the date.
(4) The words ‘‘NO POSTAGE STAMP NECESSARY POSTAGE HAS BEEN PREPAID BY’’ must be printed above the
address.
(c) Inspection of Incoming and Outgoing Packages will occur
as follows:
(1) Facilities will establish and make available to all inmates
procedures for shipping packages to their correspondents.
(2) Facilities will make available to all inmates local procedures
for the receipt of packages from their correspondents in accordance with limits set for their assigned inmate work/training
incentive group. A facility may refuse to deliver the package if the
inmate is not qualified to receive it. If the package is in excess of
the 30-pound limit, or is damaged, the package shall be returned to
the vendor at the vendor’s expense.
(3) All incoming packages addressed to an inmate shall be
opened and inspected in the presence of the inmate. The contents
of the package are inspected to record authorized personal property, and to prevent the introduction of contraband.
(4) Delivery by staff of packages, special purchases, and all
publications, shall be completed as soon as possible but not later
than 15 calendar days, except during holiday seasons such as
Christmas, Easter, and Thanksgiving, and during lockdowns of
affected inmates.
(5) All packages shall be processed and issued from a designated distribution area. All outgoing packages shall be inspected
for contraband prior to being sealed and mailed.
(d) Contests. Inmates shall not participate in any contest when
a financial obligation is involved or when such participation shall
result in expense to the facility beyond the cost of processing mail.
If lottery tickets, lottery scratchers, or other contest materials, are
discovered in incoming mail, the entire envelope and its contents
shall be returned to sender with a pre-printed notice to the sender
which states: ‘‘Unauthorized item’’.
(e) Inmate Manuscripts. Manuscripts include, but are not limited to, written, typed or printed articles of fiction and nonfiction,
poems, essays, gags, plays, skits, paintings, sketches, drawings, or
musical compositions created by an inmate. Any manuscript
remains the property of the inmate who created it. It may be
retained in the inmate’s possession, unless it violates sections 3006
or 3135. If unauthorized state materials have been used in the
creation of a manuscript, the item shall be confiscated pending
disciplinary action and reimbursement by the inmate for the state
materials. Incoming and outgoing manuscripts shall be processed
as regular mail in accordance with the provisions of this article.
(f) There shall be no limitations placed on the number of
persons with whom an inmate may correspond.

TITLE 15

3134.1. Processing of Publications.
(a) Publications. Inmates may subscribe to, purchase, or have
items sent in to them such as newspapers, periodicals, magazines
or books. If subscriptions or books are purchased for the inmate by
a third party or donated to an inmate, they must be mailed directly
from a book store, book distributor, or publisher. Personal correspondents cannot mail books, periodicals, or other publications
directly to inmates and state that they are a donation. There shall
be no ‘‘Approved Vendor Lists’’ for any publications.
(b) Processing and Inspection of Incoming Magazines and
Newspapers. All magazines and newspapers shall be inspected
prior to issuance to ensure that they comply with sections 3006,
3134, and 3135. Attached free CD’s and packaged samples of
perfume, lotion, moisturizers, stickers, or any item deemed to be
contraband, contained in magazines shall be removed; notification
of such to the inmate is not required. No other items shall be
removed from a magazine or other publication in order to issue it
to an inmate.
(c) Processing and Inspection of Incoming Books. All incoming
paperback and hardback books and any enclosures within them
shall be inspected prior to issuance to ensure they comply with
sections 3006, 3134, and 3135. For hardback books staff shall
allow the inmate to determine whether to accept the book with the
cover removed or, if that option is declined, decide how the book
is to be disposed of per section 3191(c). If the inmate chooses to
accept the book, staff shall insure the book does not violate any
other departmental regulation, and then shall remove the entire
cover in front of the inmate. Should such removal render the book
unstable, staff shall take measures to ensure the book remains
intact.
(d) Notification to Publisher for Disapproval of Publication.
When incoming books, magazines, or publications to an inmate are
withheld or disallowed, a letter shall be sent by the institution to
the publisher explaining why the item was denied. A book,
magazine, or publication denied to an inmate(s) based on a
violation of departmental regulation or policy, and that has not
previously been included on a centralized list of banned publications pursuant to subsection 3134.1(e), shall only require one
notification letter per institution to be sent to the publisher. At a
minimum the letter must include the reason why the book,
magazine, or publication was denied, the names and CDCR
number for all inmates, the applicable CCR section that the
publication violates, and a notice to the Publisher of their right to
appeal per section 3137(c). The letter must be sent within 15
calendar days of the determination to disallow the book, magazine
or publication, with a copy of the notification letter and supporting
documents to be retained by the facility for a minimum of seven
years. The institution shall also notice the Division of Adult
Institutions to request inclusion of the disallowed publication on
the centralized list of banned publications. When incoming or
outgoing publications addressed to or being sent by an inmate are
withheld or disallowed, the inmate shall be informed via CDC
Form 1819, Notification of Disapproval-Mail/Packages/
Publications (Rev. 06/98) of the reason, disposition, name of
official disallowing the publication, and the name of the official to
whom an appeal can be directed.
(e) Centralized List Of Disapproved Publications. The Division
of Adult Institutions shall distribute to each institution a centralized list of disapproved publications that are prohibited as contraband. Examples of publications that would be included on the
centralized list would include, but not be limited to, publications
that contain sexual content or nudity, warfare or weaponry, bomb
making instructions, etc. Publications that are enumerated on this
centralized list are not allowed in any institution. Local institutions
may not add items to the centralized list. When a publication is
placed on the centralized list, the Division of Adult Institutions
shall send a letter to the publisher explaining why the publication

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S.
396; and Bell v. Wolffish, 99 S. Ct. 1861.
HISTORY:
1. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 6).
2. Editorial correction deleting duplicate sentence (Register 91,
No. 11).
3. Editorial correction of printing error in Note (Register 92, No. 5).
4. Amendment filed 11-18-96; operative 12-18-96 (Register 96,
No. 47).
5. Renumbering of former section 3134 to section 3138 and renumbering of former section 3138 to section 3134, including repealer
and new section, filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

74

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

was excluded. At a minimum, the letter must include the reason
why the publication is excluded, the applicable CCR section that
the publication violates, and a notice to the Publisher of its right to
appeal per CCR subsection 3137(c). The letter must be sent within
15 calendar days of the determination to disapprove the publication, with a copy of the notification letter and supporting documents to be retained by the facility for a minimum of seven years.

§ 3136

(3) Portrays, displays, describes, or represents bestiality, sadomasochism, or an excretory function, including urination, defecation, or semen.
(4) Portrays, displays, describes, or represents the nudity of a
minor, or person who appears to be under 18 years old.
(5) Portrays, displays, describes, or represents conduct that
appears to be non-consensual behavior.
(6) Portrays, displays, describes, or represents conduct that
appears to be forceful, threatening, or violent.
(7) Portrays, displays, describes, or represents sexual conduct
where one of the participants is a minor, or appears to be under 18
years old.
(e) If the receiver of any mail, confidential or nonconfidential,
directs a written complaint to administrative staff of the department or to facility officials, consideration will be given to any
reasonable remedy sought by the individual. This may include
discussion of the complaint with the inmate in an attempt to
resolve the matter, reading of all mail, including confidential mail,
addressed to the individual, and either disallowing only that which
appears to perpetuate the problem, or disallowing all mail to the
individual. Complaints and requests for actions which would, if
approved, restrict an inmate’s correspondence, and any action
taken in response to such complaints or requests, will be fully
documented on a CDC Form 128B (Rev. 4-74). The inmate shall
receive a copy of the documentation and the original shall be
placed in the inmate’s C-file.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and
Bell v. Wolffish, 99 S. Ct. 1861.
HISTORY:
1. New section filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3135. Disturbing or Offensive Correspondence.
(a) Non-confidential correspondence may be disallowed if the
text of such correspondence presents a danger, or a threat of
danger, to any person. The authority to disallow such correspondence shall not be delegated below the staff level of Correctional/
Facility Captain.
(b) Disagreement with the sender’s or receiver’s morals, values,
attitudes, veracity, or choice of words will not be cause for
correctional staff to disallow mail. Correctional staff shall not
challenge or confront the sender or receiver with such value
judgments.
(c) Certain correspondence, including but not limited to the
following, is disallowed, regardless of values or morals, in order to
ensure the safety and security of the institution/facility:
(1) Any mail of a character tending to incite murder, arson, a
riot, or any form of violence or physical harm to any person, or any
ethnic, gender, racial, religious, or other group.
(2) Threatens blackmail or extortion.
(3) Contraband, or sending or receiving contraband.
(4) Concerns plans to escape or assist in an escape.
(5) Concerns plans to disrupt the order, or breach the security,
of any institution/facility.
(6) Concerns plans for activities which violate the law, these
regulations or local procedures.
(7) Contains coded messages.
(8) Describes the making of any weapon, explosive, poison, or
destructive device.
(9) Contains illustrations, explanations, and/or descriptions of
how to sabotage or disrupt computers, communications, or electronics.
(10) Contains maps depicting any area within a ten-mile radius
of an institution/facility.
(11) Contains gambling or lottery information or paraphernalia.
(12) Contains material obscene in nature.
(13) Contains human or animal hair, substances, or fluids.
(d) Inmates shall not possess or have under their control
obscene material and/or mail containing information concerning
where, how, or from whom obscene material may be obtained.
Obscene material means catalogs, advertisements, brochures,
and/or material taken as a whole, which to the average person,
applying contemporary statewide standards, appeals to the prurient
interest. It is material which taken as a whole, depicts or describes
sexual conduct, and lacks serious literary, artistic, political, or
scientific value. Additionally, material is considered obscene when
it appears from the nature of the matter or the circumstances of its
dissemination, distribution or exhibition that it appeals to deviant
sexual groups. Material subject to the test of the above includes,
but is not limited to:
(1) Portrays sexually explicit materials, which are defined as
materials that show frontal nudity including personal photographs,
drawings, and magazines and pictorials that show frontal nudity.
(2) Portrays, displays, describes, or represents penetration of the
vagina or anus, or contact between the mouth and genitals.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S.
396.
HISTORY:
1. Change without regulatory effect amending subsection (a) filed
8-6-2001 pursuant to section 100, title 1, California Code of
Regulations (Register 2001, No. 32).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3136. Disapproval of Inmate Mail.
(a) Disapproval of inmate mail that is in clear violation of CCR
sections 3006 or 3135 shall be referred to staff not below the level
of Correctional/Facility Captain for determination and appropriate
action. Disapproval of inmate mail that is not in clear violation of
CCR sections 3006 or 3135 shall be referred to the Warden, but not
lower than the Chief Deputy Warden, for determination and
appropriate action. When incoming or outgoing mail/packages/
publications addressed to or being sent by an inmate are withheld
or disallowed, the inmate shall be informed via CDC Form
1819, Notification of Disapproval-Mail/Packages/Publications
(Rev. 06/98) of the reason, disposition, name of official disallowing the mail/package/publication, and the name of the official to
whom an appeal can be directed.
(b) When inmate mail is disapproved based on the criteria
established in this section, a copy of the CDC Form 1819 and the
supporting document(s) shall be retained by each facility for a
minimum of seven years.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601(d), Penal Code.
HISTORY:
1. Amendment of section heading and section, and redesignation of
former subsections 3136(a)–(h) to subsections 3006(c)(1)–(8) filed
1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A
Certificate of Compliance must be transmitted to OAL 6-12-95 or
emergency language will be repealed by operation of law on the
following day.
2. Editorial correction of History1 (Register 95, No. 24).
3. Amendment of section heading and section, and redesignation of
former subsections 3136(a)–(h) to subsections 3006(c)(1)–(8) refiled 6-13-95 as an emergency; operative 6-13-95 (Register 95, No.

75

§ 3137

4.

5.

6.

7.

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

to facilitate this mailing, if requested, staff shall provide the
indigent inmate with one appropriately sized envelope.
(c) Foreign mail requiring postage in excess of the minimum
required for First-Class Mail shall be limited to two of the five
letters.
(d) Indigent envelopes issued to an inmate become their property. The inmate shall be allowed to utilize the envelopes regardless of current financial status. A charge shall not be placed against
future deposits to the inmate’s trust account to recover the cost of
materials and postage provided, while the inmate was indigent as
defined in subsection 3133(a)(5).
(e) All inmate requests for indigent envelopes shall be authorized by the Institutional Inmate Trust Account Office.
(f) Any inmate attempting to use a State issued envelope
intended for another inmate who is indigent shall receive progressive discipline pursuant to CCR section 3312.
(g) Indigent inmates desiring to correspond with their attorney
or any other confidential correspondent shall be required to utilize
their weekly allotment of indigent supplies to send such correspondence.
(h) In addition to indigent writing supplies and postage for the
five (5) one (1) ounce letters per week, indigent inmates shall have
free and unlimited mail to any court or the Attorney General’s
Office.
(1) Upon request, institutions shall also provide indigent inmates free copying of the legal documents limited to the number of
copies of a document required by the court, plus one copy for the
opposing party and one copy for the inmate’s records.
(2) If the case is accepted by the court, the need for future
copies of legal documents and necessary postage will be evaluated
on a case-by-case basis.
(3) A charge shall not be placed against future deposits to the
inmate’s trust account to recover the cost of materials, copying and
postage provided, while the inmate was indigent.
(i) Each institution shall establish local procedures for the
issuance of writing supplies to indigent inmates.

24). A Certificate of Compliance must be transmitted to OAL by
11-20-95 or emergency language will be repealed by operation of
law on the following day.
Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section
11346.1(f). Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95; disapproved by OAL and order of repeal as to
6-13-95 order filed on 12-27-95 (Register 95, No. 52).
Amendment filed 12-27-95 as an emergency pursuant to Government Code section 11346.1; operative 12-27-95 (Register 95, No.
52). A Certificate of Compliance must be transmitted to OAL by
4-25-96 or emergency language will be repealed by operation of
law on the following day.
Certificate of Compliance as to 12-27-95 order including amendment of subsection (b) transmitted to OAL 4-25-96 and filed 6-6-96
(Register 96, No. 23).
Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3137. Appeals Relating to Mail and Correspondences.
(a) Inmates, their correspondents, and publishers may appeal
departmental rules, regulations, policies, approved facility procedures and their application relating to mail and correspondence.
(b) Inmates shall use the established inmate appeal procedures
as provided in section 3084.1, et seq. An inmate’s submittal of an
appeal within 15 days of a notice that mail is being designated as
undelivered will postpone any disposition of the mail until an
appeal decision is made at the third level of appeal review. If the
inmate’s appeal is denied at the third level of appeal review, the
item of mail shall be disposed of as provided in subsection
3191(c).
(c) Persons other than inmates should address any appeal
relating to department policy and regulations to the Director of the
Division of Adult Institutions (DAI). Appeals relating to a specific
facility procedure or practice should be addressed in writing to the
Warden, or Associate Director of the facility where the appeal
issue arises. A written response shall be provided within 15
working days. Appeals that are not satisfactorily resolved at this
level may be forwarded in writing to the Director of the DAI who
shall provide a written response within 20 working days.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; and Procunier v. Martinez, 416 U.S.
396; and Bell v. Wolfish, 99 S. Ct. 1861.
HISTORY:
1. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to
OAL 6-12-95 or emergency language will be repealed by operation
of law on the following day.
2. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section
11346.1(f) (Register 95, No. 30).
3. Amendment of subsections (a)–(c) filed 7-25-95 as an emergency;
operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-25-95 order transmitted to OAL
11-17-95 and filed 1-3-96 (Register 96, No. 1).
5. Renumbering of former subsections 3147(a)(9)(G) through
(a)(9)(J) to newly designated subsections 3138(d) through (g),
amendment of newly designated subsections (d)(1), (f)(1)–(f)(2),
(g) and Note filed 6-6-96; operative 6-6-96 pursuant to Government
Code section 11343.4(d) (Register 96, No. 23).
6. Amendment of subsection (d)(1) filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to
Penal Code section 5058.3(a)(1), a Certificate of Compliance must
be transmitted to OAL by 6-9-2004 or emergency language will be
repealed by operation of law on the following day.
7. Withdrawal and repeal of 12-30-2003 amendment filed 5-27-2004
as an emergency; operative 5-27-2004 (Register 2004, No. 22).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance
must be transmitted to OAL by 9-24-2004 or emergency language
will be repealed by operation of law on the following day.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601, Penal Code; and In re Muszalski, 52 Cal App. 3rd
500.
HISTORY:
1. Amendment of section heading, renumbering and amendment of
former subsection 3147(a)(5)(C) to section 3137 subsection (b),
and amendment of Note filed 6-6-96; operative 6-6-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 23).
2. Amendment of section heading and section filed 7-17-2008;
operative 7-17-2008 pursuant to Government Code section 11343.4
(Register 2008, No. 29).

3138. Indigent Inmates.
(a) Upon an indigent inmate’s request, writing paper, envelopes, a writing implement, and the postage required for five
1-ounce First-Class letters per week shall be supplied. Inmates are
not allowed to trade, transfer, or swap indigent inmate supplies
with another inmate.
(b) Except as provided in subsection 3138(h) for mail to the
courts or to the Attorney General, indigent inmates may request to
mail any type of correspondence that weighs more than one ounce.
Indigent inmates must relinquish the appropriate number of
indigent envelopes to either their assigned Correctional Counselor
or housing unit staff with the item to be mailed. If the item to be
mailed weighs more than five ounces, the indigent inmate must
relinquish all five indigent envelopes. Staff must forward the
indigent envelopes with the item to be mailed to the mailroom with
the notation that it is to be mailed for the indigent inmate. In order

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3139

(6) Upon receipt of the disapproved CDC 1074, staff at the
sending institution/field office shall ensure that the 2nd page is
returned to the initiating inmate.
(7) If correspondence is approved at the institution/parole
office, staff shall ensure that the CDC Form 1074 is completed.
They shall retain the third and fourth pages for distribution. If the
third page and fourth pages are not legible, the CCI/PAI shall make
photocopies of the first page prior to forwarding the completed
CDC Form 1074 to the sending institution. The approved CDC
Form 1074 will be distributed as directed on the form.
(8) Photocopies of the CDC Form 1074 shall not be made for
the housing unit(s). The housing units shall not keep records of
approved correspondents.
(9) The mailroom supervisor shall establish and maintain a
record of approved CDC Form 1074s.
(10) When a CDCR inmate requests to correspond with an
inmate in a county, state, or federal facility, or if the request is from
a county, state, or federal inmate, the CCI shall ensure that a CDC
Form 1074 is completed along with a cover letter that thoroughly
explains the need for the CDC Form 1074. If the request is denied,
the CCI shall ensure that a letter is forwarded to the requesting
agency thoroughly explaining the denial.
(d) There shall be no limits set on the number of times approved
inmates/parolees/probationers can correspond with one another
unless revoked. The approval to correspond may be revoked due to
disciplinary violations involving correspondence between the
inmates/parolees or as a result of a classification action based on
safety and security. Any such restriction, or revocation of approval,
shall be communicated to inmate(s)/parolee(s) and to the
warden(s)/parole administrator(s) of the institution/facility where
the inmate(s)/parolee(s) are housed.
(e) Wardens at institutions where there are segregated housing
units such as, but not limited to, Security Housing Units (SHU),
Administrative Segregation Units (ASU), and Psychiatric Services
Units (PSU), shall outline in their local procedure any further
restrictions on correspondence due to safety and security concerns,
limited to those specific housing units.
(f) The most restrictive a facility can be with respect to inmate
mail privileges is to limit correspondence between inmates to only
the following:
(1) Immediate Family Members as defined in section 3000.
(2) Co-litigants on active cases, until the case is resolved.
(3) Incarcerated natural parent of the inmate’s child.
A facility may not restrict mail privileges between an inmate and
any of the above three types of correspondents, unless the inmate
or the correspondent violates section 3006 or other CCR section.
(g) Approval to correspond shall remain in effect upon transfer
to another departmental facility or another parole office.
(h) If an inmate’s transfer is based on case factors that create
security concerns, such as, but not limited to, placement in SHU,
ASU, or PSU, a reexamination by committee of all approved
correspondence shall be conducted. The CCI shall review and
recommend to committee whether to continue approval of the
correspondence.
(i) If an institution/parole office receives mail from an unapproved inmate/parolee correspondent, staff shall mark the envelope with ‘‘Not an Approved Correspondent’’ or equivalent language and return it to the sender.
(j) Inmates confined in departmental facilities may correspond
with former inmates. Prior approval of the warden, superintendent,
or person in charge of the correctional facility is required if the
person was discharged from a facility within the past twelve
months.

8. Amendment of subsection (d)(1) and Note filed 5-27-2004 as an
emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant
to Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 11-3-2004 or emergency language will be
repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
10. Renumbering of former section 3138 to section 3134 and renumbering of former section 3134 to new section 3138, including
repealer and new section, filed 7-17-2008; operative 7-17-2008
pursuant to Government Code section 11343.4 (Register 2008,
No. 29).

3139.

Correspondence Between Inmates, Parolees, and
Probationers.
Inmates shall obtain written authorization from the Warden/
Regional Parole Administrator or their designee/assigned probation officer, person in charge of the County Jail and/or other State
Correctional Systems, at a level not less than Correctional Captain/
Facility Captain or Parole Agent III, to correspond with any of the
following:
(1) Inmates under the jurisdiction of any county, state or
federal, juvenile or adult correctional agency.
(2) Persons committed to any county, state or federal program
as a civil addict.
(3) Persons on parole or civil addict outpatient status under the
jurisdiction of any county, state or federal, juvenile or adult
correctional agency.
(4) Persons on probation.
(b) Inmates may initiate requests to correspond with the above
by contacting their Correctional Counselor I (CCI). Parolees may
initiate request by contacting their Parole Agent (PA).
Inmates may be allowed to correspond with the persons described in subsections 3139(a)(1) through (4) provided those
persons meet the criteria of approval of no known gang affiliation,
or involvement with a known terrorist group or racketeering
enterprise.
(c) The CCI/PA shall interview the inmate/parolee and/or review their C-file/Field File to obtain the information required to
process an inmate’s Request for Correspondence Approval, CDC
Form 1074 (Rev. 08/87). If an inmate’s request to correspond with
another inmate/parolee is denied, the CCI/PA shall advise the
inmate in writing.
(1) When reviewing the initiating inmates C-file, staff shall
ascertain whether prior approval exists. If prior approval exists, a
copy of the previously approved CDC Form 1074 shall be
forwarded to both institutional mailrooms.
(2) When an initiating inmate’s request to correspond with
another inmate meets the criteria for approval per section 3139(b),
and no prior approval exists, the CCI/PAI shall ensure that a CDC
Form 1074 is completed.
(3) If the request is approved, staff shall retain the fifth page in
the C-File/Field/File at the requesting institution/parole office. The
remaining four pages shall be forwarded, intact, to the institution/
parole office/probation office/other county, state or federal facility
where the other requested correspondent is housed. Neither a
photocopy of the CDC Form 1074, nor the fifth page, shall be
forwarded to the C-File or mailroom while the correspondence
approval is pending.
(4) If the request to correspond is denied at the institution/
parole office/probation office/other state correctional facility, the
reason for denial shall be annotated on the CDC Form 1074, and
it shall be returned, in its entirety, to the sending institution/ parole
office.
(5) Copies/photocopies shall not be delivered to the requested
inmate, the receiving institutions mailroom, or the housing unit.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S.
396; and Bell v. Wolffish, 99 S. Ct 1861.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

HISTORY:
1. Change without regulatory effect amending first paragraph and
subsection (b) filed 4-4-2001 pursuant to section 100, title 1,
California Code of Regulations (Register 2001, No. 14).
2. Amendment of section heading and section, including renumbering
and amendment of former section 3140 to new subsection 3139(j),
filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 11343.4 (Register 2008, No. 29).

have cleared the bank upon which they were drawn. When
personal checks are received, the face of the envelope in which the
check was received shall be imprinted with a stamp that reads that
the personal check has been accepted at this time.
(e) No foreign currency shall be accepted. If foreign currency is
received, the entire envelope and its contents shall be returned to
sender with a pre-printed notice to the sender which states it is
unauthorized.

3140. Funds Enclosed in Correspondence.
(a) Funds may be mailed to an inmate in the form of a money
order, certified check, personal check, or any other negotiable
means except cash and Travelers Checks.
(1) The check or money order shall be made payable to the
California Department of Corrections and Rehabilitation with the
inmate’s last name and departmental identification number. This
information shall be on the face of the check or money order.
(2) Funds from other inmates/parolees shall be only accepted
from approved correspondents, pursuant to section 3139, who are
members of the same family, or the parent of the inmate’s
child(ren).
(3) Funds received in the mail shall be removed from the
envelope by mailroom staff, and the envelope shall be imprinted
with a stamp that reads ‘‘Funds Enclosed.’’ The date, amount, and
initials of the person processing the funds shall be recorded on the
envelope before it is forwarded to the inmate. The stamped
envelope is the inmate’s receipt for the funds.
(4) Cash received in incoming mail will be returned to the
sender. Mailroom staff shall notify the inmate in writing, informing them that cash was received and will be returned to sender. The
envelope containing the cash and two copies of the memo will be
forwarded to the Inmate Trust Office to be returned to the sender.
(5) Mailroom staff shall arrange the day’s remittances in
numerical order. The remittances shall be listed in sequence on the
report of collections. This report shall include each inmate’s name,
departmental identification number, type of payment amount and
the total received.
(b) Generally, inmates are not eligible to receive Supplemental
Security Income (SSI) checks from the Social Security Administration, Veteran Affairs Benefits, or Welfare checks from the
California Department of Social Services/County Welfare agencies. Depending upon eligibility, inmates may be allowed to
receive tax refund checks.
(1) A facility representative shall be appointed by the Associate
Warden, Business Services, to assist outside agencies in determining an inmate’s eligibility.
(2) Mailroom staff shall deliver all received SSI, Veteran Affairs
Benefits, and/or welfare and/or tax refund checks to the Inmate
Trust Office. The Accounting Officer shall notify the facility
representative that checks are being held pending determination of
eligibility of the inmates to receive the checks. The facility
representative shall notify the appropriate agency.
(3) Unauthorized checks shall be returned to the appropriate
agency.
(c) When a U.S. Government check is received for an inmate
who is deceased or discharged from CDCR, the check and
envelope shall be returned to the sending agency with the
necessary information shown as to the inmate being deceased or
discharged.
(1) If an inmate has been transferred to another facility, the
check shall be forwarded including a note requesting the inmate to
notify the state or federal agency of their change of address.
(2) Mail received for inmates who have been paroled shall be
forwarded to the office of the parole region to which the inmate
was released, or if unable to locate the parolee, the check should be
returned to the originating state or federal agency.
(d) Funds not in the form of money orders or certified checks
shall not be released for spending by the inmate until the funds

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
2601, Penal Code.
HISTORY:
1. Renumbering of former section 3140 to subsection 3139(j) and new
section 3140 filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3141. Confidential Correspondence.
(a) Confidential correspondence is a right guaranteed by law.
Using confidential correspondence for personal non-business correspondence, the transmission of contraband items, or the smuggling of letters and other communications to be forwarded to
persons not listed in subsection (c) is an abuse of this right and
such proven abuse may be subject to disciplinary action as
described in Sections 3314 and 3315.
(b) Confidential mail will not be limited to First Class mail
standards. Mail received from confidential correspondents will be
processed regardless of weight or postage class.
(c) Persons and employees of persons with whom inmates may
correspond confidentially and from whom inmates may receive
confidential correspondence include:
(1) All state and federal elected officials.
(2) All state and federal officials appointed by the governor or
the President of the United States.
(3) All city, county, state and federal officials having responsibility for the inmate’s present, prior or anticipated custody, parole
or probation supervision.
(4) County agencies regarding child custody proceedings, as
clearly identified in the communication and listed on the envelope.
(5) All state and federal judges and courts.
(6) An attorney at law, on active status or otherwise eligible to
practice law, listed with a state bar association.
(7) All officials of a foreign consulate.
(8) The Secretary, Undersecretary, Chief Deputy Secretaries,
Executive Director, Assistant Secretaries, Division Directors,
Deputy Directors, Associate Directors, the Chief, Inmate Appeals,
and the Lead Ombudsman’s Office of the Department.
(9) A legitimate legal service organization that consists of an
established group of attorneys involved in the representation of
offenders in judicial proceedings including, but not limited to:
(A) The American Civil Liberties Union.
(B) The Prison Law Office.
(C) The Young Lawyers Section of the American Bar Association.
(D) The National Association of Criminal Defense Lawyers.
(E) California Appellate Project.
(d) All incoming confidential mail from an attorney or legal
service organization shall include the attorney’s name, title, and
return address of their office. Institution mailroom staff shall
contact the CDCR Office of Legal Affairs Division at Headquarters if there is any question regarding the legitimacy of a legal
service organization.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; and In re Jordan, 12 CA 3rd 575
(1974); and King v. Borg, USDC-ED Case No. CIV. S-87–0519
LKK/PAN/P.
HISTORY:
1. Editorial correction of subsection (a) filed 2-19-85 (Register 85,
No. 8).

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3144

attorney’s return address must match the address listed with the
State Bar. A notice or request for confidentiality is not required on
the envelope. Correspondence that is appropriately addressed with
a return address that indicates it may be confidential shall be
processed and treated as confidential correspondence whether or
not it is stamped as such.
(a) Designated staff shall open the letter in the presence of the
addressed inmate at a designated time and place. Staff shall not
read any of the enclosed material. Staff shall remove the pages and
shake them to ensure the absence of prohibited material.
(b) Inmates shall sign for all confidential mail at the time of
delivery. This shall be accomplished by use of a permanent
logbook or use of receipts. If receipts are used, the receipts shall be
forwarded to the mailroom for filing. The log book at a minimum
must record the date of delivery, the inmates name and departmental identification number, and the senders name and address.

2. Change without regulatory effect adopting new subsection (c)(8)
and amending Note filed 8-19-93; operative 8-19-93 (Register 93,
No. 34).
3. Repealer of subsection (c)(6) and subsection renumbering filed
4-8-96 as an emergency; operative 4-8-96 (Register 96, No. 15).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-15-96 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL
9-13-96 and disapproved 10-28-96 (Register 96, No. 44).
5. Repealer of subsection (c)(6) and subsection renumbering filed
10-28-96 as an emergency; operative 10-28-96 (Register 96, No.
44). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 4-6-97 or emergency
language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-28-96 order transmitted to OAL
3-3-97 and filed 4-14-97 (Register 97, No. 16).
7. New subsection (c)(4), subsection renumbering, and amendment of
Note filed 7-28-97 as an emergency; operative 7-28-97 (Register
97, No. 31). Pursuant to Penal Code 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.
8. Certificate of Compliance as to 7-28-97 order, including further
amendment of subsection (c)(4), transmitted to OAL 12-2-97 and
filed 1-15-98 (Register 98, No. 3).
9. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
2601, Penal Code.
HISTORY:
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3144. Inspection of Confidential Mail.
Confidential mail will be opened and inspected for contraband
in the presence of the inmate addressee. Inspecting correctional
officials will not read any of the contents of the confidential mail.
Confidential mail may be further inspected, for cause only.
(a) Cause may include, but is not limited to, the reasonable
belief by correctional officials that the letter is not addressed to or
is not from an official or office listed in Section 3141 or when
other means of inspection indicates the presence of physical
contraband in the envelope. In such instances the mail will be
opened in the presence of the inmate for determination.
(b) Administrative action may be taken to restrict, for cause, the
confidential mail privileges afforded to an attorney pursuant to this
Article.
(1) A first offense of a non-serious mail rule violation of the
department’s mail regulations shall result in a written warning or
up to a six-month suspension of the attorney’s confidential mail
privileges. A non-serious mail violation means a violation of the
inmate regulations that is not chargeable as a felony but is
nevertheless unlawful, such as an enclosure of contraband into the
confidential mail, or a misrepresentation of the sender or addressee’s identity.
(2) A second offense of a non-serious mail rule violation shall
result in modification/suspension of confidential mail privileges
for a period of up to twelve months.
(3) A third offense of a similar nature and/or a first offense that
could be charged as a felony that jeopardizes the safety of persons,
or the security of the facility, shall result in confidential mail
privileges being suspended from one year up to an indefinite
period of time.
(4) The attorney must petition the Warden or Director of the
Division of Adult Services (DAI) for reinstatement of confidential
mail privileges.
The confidential mail privilege may be a statewide suspension
for any offense that could be prosecuted as a felony. Only the
Director of the DAI or designee shall issue a statewide suspension
of confidential mail privileges.
(c) Upon determining that the envelope contains prohibited
material or that there is a misrepresentation of the sender’s or the
addressee’s identity the letter and any enclosures may be examined
and read in its entirety to determine the most appropriate of the
following actions:
(1) When the prohibited material or misrepresentation of identity indicates a violation of the law or an intent to violate the law,
the matter will be referred to the appropriate criminal authorities
for possible prosecution. Any case referred to criminal authorities

3142. Processing of Outgoing Confidential Mail.
In order to be accepted and processed as confidential correspondence, an inmate’s letter shall comply with the following requirements:
(a) The letter must be addressed to a person or to the office of
a person listed in Section 3141. The address of an attorney must
match the address listed with the State Bar.
(b) The inmate’s full name, department identification number,
and the address of the facility shall be included in the return
address appearing on the outside of the envelope.
(c) The word ‘‘confidential’’ shall appear on the face of the
envelope. Failure to do this will result in the letter being processed
as regular mail or being returned to the inmate if for any reason the
mail cannot be processed as regular mail.
(d) Inmates shall post confidential mail by presenting the mail
unsealed to designated staff. In the presence of the inmate, the staff
shall remove the contents of the envelope upside down to prevent
reading of the contents. Staff shall remove the pages and shake
them to ensure there is no prohibited material, consistent with
these regulations. If no prohibited material is discovered, the
contents shall be returned to the envelope and sealed. Staff shall
place their signature, badge number and date across the sealed area
on the back of the envelope. Staff shall then deposit the confidential mail in the appropriate depository.
(e) If prohibited material is found in the confidential mail, the
prohibited material shall be confiscated; however, the letter may be
returned to the inmate or mailed following the process outlined
above. If the prohibited material indicates a violation of the law or
intent to violate the law, the matter may be referred to the
appropriate authorities for possible prosecution. Administrative
and/or disciplinary action shall also be taken against all parties
involved.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
2601, Penal Code.
HISTORY:
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3143. Processing Incoming Confidential Mail.
Incoming letters must show the name, title, return address and
the office of persons listed in Section 3141 on the outside of the
envelope to be processed as confidential correspondence. An

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

will be reported to the Director of the DAI. When a case is referred
to criminal authorities and the determination is made not to
prosecute, the fact of the referral and the determination made will
be reported to the inmate and to the inmate’s correspondent. The
Director of the DAI will be informed of the outcome of all referrals
to criminal authorities.
(2) When an inmate’s action or complicity indicates a violation
of law; the regulations set forth in this article; or approved facility
mail procedures; the matter may also be handled by appropriate
disciplinary action.

TITLE 15

3146. Mail in Languages Other Than English.
Mail may be subject to a delay for translation of its contents by
staff. When such delay exceeds normal mail processing by five
business days, the inmate shall be notified in writing of the delay,
the reason for the delay, and subsequent determinations and actions
regarding that item of mail. If staff are unable to translate the letter
and its contents within 20 business days of notice to the inmate,
then the letter shall be delivered to the inmate untranslated.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601, Penal Code.
HISTORY:
1. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to
OAL 6-12-95 or emergency language will be repealed by operation
of law on the following day.
2. Amendment refiled 6-13-95 as an emergency; operative 6-13-95
(Register 95, No. 24). A Certificate of Compliance must be
transmitted to OAL by 11-20-95 or emergency language will be
repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section
11346.1(f). Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95; disapproved by OAL and order of repeal as to
6-13-95 order filed on 12-27-95 (Register 95, No. 52).
4. Amendment filed 12-27-95 as an emergency pursuant to Government Code section 11346.1; operative 12-27-95 (Register 95, No.
52). A Certificate of Compliance must be transmitted to OAL by
4-25-96 or emergency language will be repealed by operation of
law on the following day.
5. Certificate of Compliance as to 12-27-95 order including amendment of section transmitted to OAL 4-25-96 and filed 6-6-96
(Register 96, No. 23).
6. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
2601, Penal Code; and Wolff v. McDonald, 94 S. Ct. 2963 (1974).
HISTORY:
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

3145. Enclosures in Confidential Mail.
When the inspection of confidential correspondence discloses
written or printed enclosures, the enclosures will be treated in the
same manner as confidential correspondence. The inmate will not
be given the enclosures or be allowed access to the enclosures
except as authorized in the following subsections:
(a) The inmate may consent to an immediate examination of the
enclosure by staff who issues mail. Such examination will be
limited to the extent necessary to determine if the enclosure may
be safely admitted into the facility under the standards of Penal
Code Section 2601. The conclusion of the examiner will be written
on the enclosure, and be dated and signed by the examiner. If the
enclosure can be safely admitted into the facility, it will be given
to the inmate. If in the examiner’s opinion the enclosure does not
meet the standards of Penal Code Section 2601 and cannot be
safely admitted into the facility, it will be referred to staff at not
less than the Correctional/Facility Captain level, for final determination. If not released to the inmate at this level, the inmate will be
allowed access to the enclosure only as authorized in subsection
(b).
(b) The inmate may decline to consent to examination of
enclosures in confidential mail by any staff. When this occurs, the
enclosure will be immediately placed in a separate envelope and
the envelope will be sealed in the presence of the inmate. The
separate envelope will, at the inmate’s choosing, be returned to the
sender with the mailing cost charged to the inmate’s trust account,
or disposed of pursuant to section 3191(c). The inmate is entitled
to keep the letter or correspondence and the envelope it came in.
(c) Any person who examines the content of mail under the
authority of this article or in connection with an appeal by an
inmate of a ruling under this article, must keep the content of the
material which was examined in strict confidence. No original,
copy, excerpt, or summary of personal correspondence to or from
an inmate shall be made or be placed in an inmate’s C-file unless
such correspondence is or has been the subject of:
(1) Legal, disciplinary, criminal investigation, or casework
determination and actions affecting the inmate.
(2) When the recipient of an inmate’s disturbing or offensive
mail corresponds with the facility and requests administrative
action, subject to section 3135.
(3) If an inmate requests that a copy of personal correspondence
be placed in their C-file and the inmate’s caseworker deems it
appropriate to do so based on the relationship of the correspondence to the inmates incarceration.

3147.

Definition and Disposition of Mail.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2080, 2600, 2601, 4570 and 5054, Penal Code; Procunier v.
Martinez, (1974) 416 U.S. 396; Bell v. Wolfish, (1979) 99 S. Ct. 1861;
Thornburgh v. Abbott (1989) 109 S. Ct. 1874; Turner v. Safely (1987)
107 S. Ct. 2256; and Sections C031.3.0 and C031.5.4, Domestic Mail
Manual, issue 46 7/1/93, U.S. Postal Regulations.
HISTORY:
1. Amendment of subsection (a)(9)(G) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
2. Editorial correction of subsection (a)(9)(G) filed 2-17-83 (Register
83, No. 8).
3. Editorial correction of printing error in subsection (a)(5)(A) (Register 92, No. 5).
4. Amendment of subsection (a)(2) and Note filed 6-17-94 as an
emergency; operative 6-17-94 (Register 94, No. 24). A Certificate
of Compliance must be transmitted to OAL by 10-15-94 or
emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with
amendments to OAL 10-17-94 and filed 12-1-94 (Register 94, No.
48).
6. Amendment of subsection (a)(9)(I) and Note filed 1-3-95 as an
emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of
Compliance must be transmitted to OAL 6-12-95 or emergency
language will be repealed by operation of law on the following day.
7. Amendment of subsections (a)(9)(I)1.-5. and Note refiled 6-13-95
as an emergency; operative 6-13-95 (Register 95, No. 24). A
Certificate of Compliance must be transmitted to OAL by 11-20-95
or emergency language will be repealed by operation of law on the
following day.
8. Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section
11346.1(f). Certificate of Compliance as to 6-13-95 order transmit-

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
2600, Penal Code; and In re Jordan, 12 CA 3rd 575 (1974).
HISTORY:
1. Change without regulatory effect amending subsection (a) filed
4-3-2001 pursuant to section 100, title 1, California Code of
Regulations (Register 2001, No. 14).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 29).

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Article 6.

ted to OAL 11-9-95; disapproved by OAL and order of repeal as to
6-13-95 order filed on 12-27-95 (Register 95, No. 52).
9. Amendment filed 12-27-95 as an emergency pursuant to Government Code section 11346.1; operative 12-27-95 (Register 95, No.
52). A Certificate of Compliance must be transmitted to OAL by
4-25-96 or emergency language will be repealed by operation of
law on the following day.
10. Certificate of Compliance as to 12-27-95 order including amendment of subsections (a)(5) and (a)(5)(A), relocation of former
subsection (a)(5)(C) to section 3137(b), redesignation and amendment of former subsection (a)(6) to subsection (a)(5)(B), repealer
of former subsections (a)(6)(A) through (a)(6)(D) and subsection
renumbering, amendment of newly designated subsections (a)(6),
(a)(7), (a)(8)(C) through (a)(8)(E), and relocation of former
subsections (a)(9)(G) through (a)(9)(J) to section 3138(d) through
(g) transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96,
No. 23).
11. Renumbering of former section 3147 to new section 3133 filed
7-17-2008; operative 7-17-2008 pursuant to Government Code
section 11343.4 (Register 2008, No. 29).

Article 5.
3150.

§ 3161

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Legal Documents

3160. Inmate Access to Courts.
(a) Inmate access to courts shall not be obstructed. Staff shall
assist illiterate inmates or those physically incapable of preparing
forms adopted under rules of the United States courts and the
Judicial Council of California for petitions for habeas corpus or
modification of custody if such an inmate requests assistance. Staff
shall not in any way retaliate against or discipline any inmate for
initiating or maintaining a lawsuit.
(b) In addition to any other court costs, filing fees, or procedures, an inmate initiating a state civil action shall pay a threedollar ($3) filing fee to the Department.
(1) Civil actions are defined as any non-criminal actions. For
the purposes of this regulation, habeas corpus actions are not
considered civil actions.
(2) The filing fee shall be charged against the inmate’s trust
account.
(3) If the inmate is without sufficient funds at the time of the
charge, the civil action shall be allowed to be transmitted to the
courts, and the inmate shall not be charged for any remaining
balance of the filing fee.

Inmate Manuscripts

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5054 and 2601, Penal Code.
HISTORY:
1. Amendment of section heading and text and new Note filed
10-19-93; operative 11-18-93 (Register 93, No. 43).
2. Newly designated subsection (a), new subsections (b)–(b)(2) and
amendment of Note filed 1-3-95 as an emergency; operative 1-3-95
(Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by
operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section
11346.1(f) (Register 95, No. 30).
4. New emergency amendment filed 7-25-95; operative 7-25-95
(Register 95, No. 30). A Certificate of Compliance must be
transmitted to OAL by 11-22-95 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL
9-7-95 and filed 10-16-95 (Register 95, No. 42).

Definitions.

HISTORY:
1. Change without regulatory effect repealing section filed 10-29-90
pursuant to section 100, Title 1, California Code of Regulations
(Register 91, No. 6).

3151. Possession.
Any manuscript as defined in section 3000 remains the property
of the inmate who created it. It may be retained in the inmate’s
possession except as otherwise described in section 3152.
Comment: Former DP-2502, possession of manuscripts.
HISTORY:
1. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, Title 1, California Code of Regulations
(Register 91, No. 6).

3152. Unauthorized or Dangerous Material.
(a) If unauthorized state materials have been used in the
creation of a manuscript, the item may be impounded pending
disciplinary action and reimbursement by the inmate for materials
used.
(b) An inmate will not be permitted to retain in his or her
personal possession manuscripts, which violate the provisions of
Section 3006. Any such manuscript will be confiscated and
disposed of in accordance with the provisions of Section 3006(c),
or providing there is no conflict with the regulations governing
mail and handicraft as set forth in Subchapter 1, Articles 2 and 4
of these regulations, the manuscript and related material may be
sent to a person outside the correctional facility as designated by
the inmate.

3161. Inmate-Owned Legal Materials.
Inmate-owned legal materials/documents, law books and papers
shall be limited to the availability of space authorized by section
3190(b) for personal property in the inmate’s quarters/living area
except as specified in this section. Inmates may possess up to one
cubic foot of legal materials/documents related to their active
cases, in excess of the six cubic feet of allowable property in their
assigned quarters/living area. Legal materials/documents, law
books and papers in excess of this limitation shall be disposed of
pursuant to section 3191(c). Inmates may request the institution/
facility store excess legal materials/documents related to their
active cases(s) when such materials/documents exceed this one
cubic foot additional allowance. Inmate-owned law books in
excess of the additional allowance shall not be stored by the
institution/facility.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2600, 2601 and 5054, Penal Code.
HISTORY:
1. Repealer and new subsection (b) filed 10-7-82; effective thirtieth
day thereafter (Register 82, No. 41).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Amendment of section heading and text and new Note filed
10-19-93; operative 11-18-93 (Register 93, No. 43).
2. Amendment filed 5-27-2004 as an emergency; operative 5-27-2004
(Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 11-32004 or emergency language will be repealed by operation of law
on the following day.
3. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

3153. Mailing.
Incoming and outgoing manuscripts will be processed as regular
mail in accordance with the provisions of Sections 3136 and 3138.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5054 and 5055, Penal Code.
HISTORY:
1. Repealer and new section filed 10-7-82; effective thirtieth day
thereafter (Register 82, No. 41).

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§ 3162

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

extent compatible with institution security. For the purpose of this
subsection, restricted units include reception centers, institution
reception or orientation units, controlled housing and security
housing units.
(d) If an inmate’s housing restricts him or her from going to the
inmate law library, arrangements will be made to deliver requested
and available law library material to the inmate’s quarters.

3162. Legal Forms and Duplicating Services.
(a) The printed forms required by state and federal courts,
which are supplied to the department by the courts shall be
provided to inmates without charge. Inmates shall be required to
pay for the duplication of printed forms and other written or typed
materials, and for any special paper and envelopes required for
mailing to the courts. An inmate who is without funds for 30 days
or more after such materials and services are provided shall not be
required to pay for the cost of those materials and services.
(b) Legal duplicating services for an inmate shall be restricted
(provided such restrictions will not interfere with the inmate’s
access to the courts) when that inmate abuses the service to such
an extent that other inmates are deprived of the services or it
results in an unnecessary expense to the state. The authority to
place such restrictions shall not be delegated to staff below the
level of correctional captain. The reasons for any restrictions on
the services provided an inmate shall be documented on a CDC
Form 128-B (Rev. 4.74), General Chrono, and placed in the
inmate’s central file.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).

3165. Mailing Legal Documents.
(a) The mailing of legal documents to courts and claims to the
Board of Control (BOC) is the inmate’s responsibility. Mail
designated by the inmate as legal mail will be delivered to the
facility mailroom for inspection, pursuant to Sections 3144 and
3145, and mailing in accordance with local facility mail procedures. The mailroom shall maintain a current address list of
federal, state, county, appellate, and district courts. The mailroom
will send mail out each working day.
(b) With each transmittal of mail to a court or claim filed with
the BOC requiring the addition of postage, the inmate must submit
a signed CDC Form 193, Trust Account Withdrawal Order. The
mailroom will remove the trust account withdrawal order, enter the
amount of postage required, and forward the order to the trust
office for processing. Mail addressed to a court or claims addressed to the BOC will be posted on the inmate’s CDC Form 119,
Mail Record.
(c) Notarization of legal documents is not normally required by
the courts and will not be provided as a free service to any inmate,
indigent or not. Inmates must pay the established notary fee for
such service.
(d) The cost of postage for mailing documents to the courts will
be charged against an inmate’s trust account unless the inmate is
without funds at the time the material is submitted for mailing and
remains without funds for 30 days after the documents are mailed.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Amendment filed 4-8-80; effective thirtieth day thereafter (Register
80, No. 16).
3. Amendment of section heading and text filed 10-19-93; operative
11-18-93 (Register 93, No. 43).

3163. Assisting Other Inmates.
One inmate may assist another in the preparation of legal
documents, but shall not receive any form of compensation from
the inmate assisted. Legal papers, books, opinions and forms being
used by one inmate to assist another may be in the possession of
either inmate with the permission of the owner. All papers must be
returned to the respective owners when either inmate is transferred
to another institution or when other administrative action prevents
direct communications between the inmates. An inmate may be
barred from giving legal assistance to other inmates when violations of regulations and established procedures relate directly to
such activities. An inmate will not be barred from giving or
receiving legal assistance for violations of regulations and procedures which are unrelated to providing or receiving legal assistance. However, no otherwise prohibited contacts or access to
prohibited areas will be permitted because of this regulation.

NOTE: Authority cited: section 5058, Penal Code. Reference: In re
Jordan, 7 Cal. 3rd 930 (1972).
HISTORY:
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. New subsection (d) filed 4-18-80; effective thirtieth day thereafter
(Register 80, No. 16).
3. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
4. Amendment of subsections(a) and (b) and amendment of Note filed
11-18-96; operative 12-18-96 (Register 96, No. 47).

NOTE: Authority cited: section 5058, Penal Code. Reference: Johnson
v. Avery, 89 S. Ct. 747 (1969).
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).

Article 7.

Visiting

3170. General Visiting.
(a) These regulations are made in recognition and consideration
of the value of inmate visitation as a means of increasing safety in
prisons, maintaining family and community connections, and
preparing inmates for successful release and rehabilitation. It is the
intent of these regulations to establish a visiting process in the
institutions/facilities of the department that is conducted in as
accommodating a manner as possible, subject to the need to
maintain order, the safety of persons, the security of the institution/
facility, and required prison activities and operations.
(b) The privacy of inmates and their visitors shall be respected
subject to the need to verify the identity of an inmate or visitor;
enforce laws, regulations, and procedures; and/or ensure the safety
of persons and institution/facility security. Video-recording devices may be utilized in visiting areas, excluding family visiting
units or confidential attorney consultation areas.

3164. Administrative Segregation.
(a) Inmates confined in administrative segregation for any
reasons will not be limited in their access to the courts.
(b) During a period of disciplinary detention, as described in
Section 3330, legal resources may be limited to pencil and paper
which will be provided upon request for correspondence with an
attorney or the preparation of legal documents for the courts. Other
legal material in the inmate’s personal property may be issued to
an inmate in disciplinary detention if litigation was in progress
before the inmate’s placement in disciplinary detention and legal
due dates are imminent.
(c) Inmates who are housed in any restricted unit and who are
not serving a period of disciplinary detention may possess and
have access to any legal resource material available to the general
population and may assist each other in their legal work to the

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TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3171

rotation shall be considered a single visit in the event it is
necessary to terminate a visit in progress in accordance with
3176(a)(9) and (10).
(d) Visiting with more than one inmate at the same time, shall
require that both inmates are approved to visit in the same visiting
room, and that either:
(1) The visitors and inmates are immediate family members as
defined in Section 3000; or
(2) The visitor(s) has prior written approval from the institution/
facility head or designee.
(e) Inmates undergoing reception center processing shall be
limited to non-contact visiting. If non-contact visiting cannot be
accommodated because of physical plant limitations, the institution head shall take such limitations into account in establishing an
alternative visiting plan. Inmates with disabilities, who remain at
the reception center for extended stays (exceeding 60 days) due to
their disability, shall be authorized regular visiting privileges.
(f) Inmates assigned to Administrative Segregation and Security
Housing Units shall be eligible for non-contact visits only. On a
case-by-case basis, the institution head or designee may allow
contact visits for administratively segregated inmates. Visitors who
have made appointments in advance for non-contact Administrative Segregation and Security Housing Unit visits shall be given
priority. Non-contact visits shall be scheduled in one-hour increments and may be extended based on space availability. When
overcrowding occurs, those who have visited at least one-hour and
who have been visiting for the longest time may have their visits
terminated as outlined in sections 3176(a)(9) and (10).
(g) During contact visits, the inmate and visitor may pass,
exchange, or examine any item of property or consume food either
party is permitted to bring into or purchase in the visiting area,
except those items that are deemed to be contraband when in the
possession of the inmate. Neither party may retain or take anything
from the visiting area which the other party was permitted to bring
into or purchase in the visiting area, except legal documents as
provided in section 3178, and photographs that are taken during
the visit.

(c) Visits with inmates may, without prior notification, be
terminated, temporarily suspended, or modified in response to an
institution/facility emergency as determined by the institution head
or designee. Emergency modifications of the visiting schedule
shall be posted at the institution/facility as soon as practical and
will be included in the automated telephonic visiting information
system.
(d) Devices that do not allow physical contact between inmates
and visitors shall not normally be used, except as provided in
section 3170.1 or as necessary in the following circumstances:
(1) Physical contact with a visitor(s), or with other inmates, will
seriously endanger the safety of persons or the security of the
institution/facility,
(2) As a temporary measure for willful failure or refusal to
abide by visiting regulations.
(e) Each inmate and visitor is responsible for his or her own
conduct during visits. Any violation of laws, regulations, or local
procedures governing visits may result in termination, suspension,
revocation, or denial of visiting with the person or persons
involved, as described in section 3176. Such violation may also
result in exclusion from the facility, as described in section 3176.3.
(f) Reasonable accommodation shall be afforded visitors and
inmates with disabilities to facilitate their full participation in
contact, non-contact, or family visiting as provided in these rules.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2600, 5054 and 6400, Penal Code; and In re French, 164 Cal Rptr. 800
(1980).
HISTORY:
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
3. Amendment of subsection (d) filed 8-23-82; effective thirtieth day
thereafter (Register 82, No. 35).
4. Amendment of subsections (a), (c) and (e) filed 2-16-83; effective
thirtieth day thereafter (Register 83, No. 8).
5. Editorial correction of printing error restoring subsection (g)
(Register 94, No. 2).
6. Repealer of former article 7 (sections 3170–3179) and new article
7 (sections 3170–3179) and repealer and new section filed 2-182003; operative 3-20-2003 (Register 2003, No. 8).
7. Change without regulatory effect amending subsection (e) filed
5-22-2003 pursuant to section 100, Title 1, California Code of
Regulations (Register 2003, No. 21).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601(c)(2), 4570 and 5054, Penal Code.
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).
2. Change without regulatory effect amending subsection (c)(1) and
Amending Note filed 5-22-2003 pursuant to section 100, title 1,
California Code of Regulations (Register 2003, No. 21).
3. Amendment of subsection (d)(1) filed 10-16-2007; operative 1115-2007 (Register 2007, No. 42).

3170.1. General Visiting Guidelines.
(a) Visiting is permitted only in designated areas and at designated times.
(b) Inmates shall not be permitted to visit during the hours of
their assignment to work, training, vocational and/or academic
education, except as provided in section 3045.2.
(c) No limitations shall be placed on the number of visitors
approved to visit an inmate. However, limitations on the length and
frequency of visits may be imposed to avoid overcrowding or the
inequitable allocation of visiting time or for other reasons as
provided in section 3176.
(1) An inmate shall not be permitted a contact visit with more
than five persons, including minors, at the same time. Groups of
visitors in excess of five may be accommodated only once per visit
by means of rotation through the visiting area. Such rotation shall
be considered a single visit in the event it is necessary to terminate
a visit in progress in accordance with 3176(a)(9) and (10).
(2) An inmate shall not be permitted a non-contact visit with
more than three persons, including minors, at the same time.
Groups of visitors in excess of three may be accommodated only
one per visit by means of rotation through the visiting area. Such

3170.5.

Child Victim Visiting Restrictions.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
1202.05, 5054 and 5054.2, Penal Code; and section 362.6, Welfare and
Institutions Code.
HISTORY:
1. New section filed 8-12-93; as an emergency; operative 8-12-93
(Register 93, No. 33). A Certificate of Compliance must be
transmitted to OAL by 12-10-93 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-12-93 order including amendments transmitted to OAL 11-20-93 and filed 1-11-94 (Register 94,
No. 2).
3. Repealer filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).

3171. Visiting Procedures.
(a) The institution head shall maintain visiting procedures for
inmate visiting at each institution/facility. All local visiting procedures must conform to and shall not conflict with the rules and

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§ 3172

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(f) Previously approved visitors shall submit a new visiting
questionnaire prior to visiting any inmate who has been returned to
an institution/facility from parole or admitted into a substance
abuse treatment control unit while on parole. The visitor shall not
be allowed to visit prior to obtaining the institution/facility
approval.
(g) The applicant shall return the completed questionnaire to the
institution/facility via common carrier or personal delivery (except
as provided in subsection (d) above) addressed to the attention of
‘‘Visiting’’. Any questionnaire received by the visiting office
directly from an inmate shall be disapproved. Approved visitors
required to update information in accordance with (e) above, shall,
absent information which would warrant immediate disapproval,
be allowed to continue to visit pending review and approval/
disapproval of the questionnaire.

regulations set forth in this article. The degree of informality of
inmate visiting will be consistent with the security requirements of
each institution/facility.
(b) Inmates shall be informed of local visiting procedures and
shall be given a written summary of all rules, regulations and
procedures governing visiting at the institution/facility. Additional
copies shall be readily available for inmates to give or send to their
visitors. The written summary shall include the institution/facility
visiting schedule. This same summary will be conspicuously
displayed in all public entrances to the institution/facility and will
be available to any interested person. Institutions/facilities shall
have the visiting days and hours, as well as appropriate dress
standards, clearly published in the visiting centers and in the visitor
processing area.
(c) Inmates may refuse to see a visitor. Such refusal shall not
result in removal of the visitor from the inmate’s visitor list. To
remove a visitor from their approved visitor list, inmates shall
submit a written request to the visiting staff. After six months, the
inmate may make a written request to have the visitor placed back
on their approved visitor list. At this time, the visitor shall reapply
for approval to visit by submitting a visiting questionnaire.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
4570.5 and 5054, Penal Code.
HISTORY:
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).
3. Change without regulatory effect amending Note filed 5-22-2003
pursuant to section 100, Title 1, California Code of Regulations
(Register 2003, No. 21).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2080, 2086, 2930, and 5054, Penal Code.
HISTORY:
1. Amendment of subsection (b) filed 8-27-82; effective thirtieth day
thereafter (Register 82, No. 35).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).
3. Change without regulatory effect amending Note filed 5-22-2003
pursuant to section 100, Title 1, California Code of Regulations
(Register 2003, No. 21).

3172.1. Approval/Disapproval of Prospective Visitors.
(a) The authority to approve or disapprove prospective visitors
may be delegated by the institution head. This authority shall not
be delegated below the level of a correctional sergeant or parole
agent II.
(b) Reasons for disapproving a prospective visitor include but
are not limited to the following:
(1) The prospective visitor has outstanding arrests/warrants
including a Department of Motor Vehicles Failure to Appear notice
with no disposition from the court.
(2) The prospective visitor has one felony conviction within the
last three years or two felony convictions within the last six years
or three or more felony convictions during the last ten years.
(3) The prospective visitor has any one conviction of the
following types of offenses:
(A) Distributing a controlled substance into or out of a state
prison, correctional institution/facility or jail.
(B) Transporting contraband (weapons, alcohol, escape and
drug paraphernalia, etc.) in or out of a state prison, correctional
institution/facility or jail.
(C) Aiding or attempting to aid in an escape or attempted
escape from a state prison, correctional institution/facility or jail.
(D) The prospective visitor is a co-offender of the incarcerated
inmate.
(4) The prospective visitor is a former prison inmate who has
not received the prior written approval of the institution head or
designee. After one year from the date of a former inmate’s
discharge from an institution/facility, or after discharge from
parole or outpatient status, the institution head will only deny
visiting by a former prison inmate for reasons that would apply to
any other person as set forth in this article.
(5) The prospective visitor is a supervised parolee, probationer,
or on civil addict outpatient status and has not received written
permission of his or her case supervisor and/or the prior approval
of the institution head.
(6) The identity of the prospective visitor or any information on
the visiting questionnaire, is omitted or falsified.
(A) If the prospective visitor has omitted information, the
request to visit shall be reconsidered when the information is
provided.

3172. Applying to Visit an Inmate.
(a) It is the inmate’s responsibility to forward a visiting questionnaire to any prospective visitor.
(b) All adults seeking to visit an inmate shall provide a
completed visiting questionnaire and obtain institution/facility
approval before they may be permitted to visit with an inmate.
(1) An emancipated minor shall apply as an adult visitor, and
shall provide a certified copy of the court order granting emancipation.
(2) A minor legal spouse of an inmate may apply to visit the
inmate as an adult visitor with a certified copy of their marriage
license.
(c) Minor visitors shall have prior written approval from a
parent or legal guardian unless the minor applies as an adult as
provided in (b) above. Except when prior approval has been
obtained from the institution head or designee for an inmate to visit
with his or her unchaperoned minor children or siblings, visitors
under 18 years of age shall be accompanied by an adult who is also
approved to visit.
(d) It is a felony for any former prison inmate to come on
institution/facility property for any reason, without prior approval
of the institution head or designee. Requests must be made in
writing and include a visiting questionnaire and a Certificate of
Discharge. Parolees and prospective visitors under probation or
civil addict outpatient supervision shall provide written proof of
permission to make such a visit from their case supervisor.
(e) The visiting approval application process shall include an
inquiry of personal, identifying, and the arrest history information
of the prospective visitor sufficient to complete a criminal records
clearance applicant and a decision by the institution/facility
designated staff to approve or disapprove based upon the information provided. This information is subject to periodic review by
designated staff. Any change in the visitor’s name, address,
telephone number, or arrest history must be reported and may
require submission of an updated questionnaire in order to retain
the status of an approved visitor.

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§ 3173.1

(c) Acceptable proof of picture identification for visitors may
be, but is not restricted to, the following valid documents:
(1) Driver’s license with picture,
(2) Department of Motor Vehicles identification card with
picture,
(3) Picture passport,
(4) Armed forces identification card with picture,
(5) Picture identification cards issued by the United States
Department of Justice—Immigration and Naturalization Service,
or
(6) Picture identification issued by the Mexican Consulate.
(d) Minors may be allowed to visit an inmate subject to the
restrictions of section 3173.1. If the accompanying adult is not the
parent or legal guardian of the minor, a notarized written consent
shall be required from a person with legal custody of the minor,
authorizing the minor to visit while accompanied by a designated
adult.

(B) If the applicant has falsified information no other request to
visit shall be considered until six months after the date of
disapproval.
(C) When positive identity cannot be established or clearing the
criminal history of the prospective visitor is not possible due to
inadequate or conflicting information, the visiting request will be
reconsidered when positive identity is established.
(c) The documentation of the approval or disapproval of an
application to visit shall be in writing.
(1) If the application is approved, the inmate shall be notified in
writing and is responsible for informing their prospective visitor(s)
of the institution/facility decision to approve the application.
(2) If disapproved, the prospective visitor and inmate shall both
be notified in writing. The prospective visitor’s notification shall
include the specific reason(s) for disapproval and instructions
regarding the process for reconsideration.
(d) The prospective visitor may appeal the disapproval by
following the established visitor appeal process described in
section 3179.
(e) Approval to visit an inmate is conditioned upon compliance
with all laws, regulations, and procedures governing visitor conduct on institution/facility property.
(f) There are no restrictions on the number of inmates that a
visitor may be approved to visit at one or more institution/facility.
(g) Any visitor approved for visiting at one institution/facility
shall be approved to visit the same inmate upon transfer to another
institution/facility provided the visitor’s approval status remains
unchanged.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
4570.5 and 5054, Penal Code.
HISTORY:
1. Amendment of subsections (h) and (p) filed 8-22-79; effective
thirtieth day thereafter (Register 79, No. 34). For prior history, see
78, No. 33, 78, No. 30; 78, No. 12; 77, No. 40; 77, No. 20, and 77,
No. 9.
2. Amendment of subsection (m) filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
3. Amendment of subsections (b), (g) and (k) filed 8-23-82; effective
thirtieth day thereafter (Register 82, No. 35).
4. Amendment of subsection (f) filed 8-27-82; effective thirtieth day
thereafter (Register 82, No. 35).
5. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, Title 1, California Code of Regulations
(Register 91, No. 6).
6. Editorial correction of printing errors in subsections (f), (g) and (h)
(Register 92, No. 5).
7. New subsections (p) and (q) filed 2-11-98 as an emergency;
operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance
must be transmitted to OAL by 6-11-98 or emergency language will
be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-11-98 order transmitted to OAL
5-4-98 and filed 6-16-98 (Register 98, No. 25).
9. Change without regulatory effect amending subsection (f) filed
12-18-98 pursuant to section 100, Title 1, California Code of
Regulations (Register 98, No. 51).
10. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).
11. Change without regulatory effect amending Note filed 5-22-2003
pursuant to section 100, Title 1, California Code of Regulations
(Register 2003, No. 21).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).

3172.2. Minimum Visiting Days and Hours.
(a) Each institution/facility shall provide visiting for no less
than 12 hours per week. Any reduction of an institution/facility
visiting schedule below 12 hours shall require the prior approval of
the director or designee. Regular visiting days shall be consecutive
and include Saturday and Sunday.
(b) Each institution head shall develop an operational supplement that includes the respective visiting schedules as follows:
(1) Regular Visiting Days: Four days (Thursday through Sunday); or Three days (Friday through Sunday); or Two days
(Saturday and Sunday); and
(2) Holiday Visiting Days: New Year’s Day; Independence
Day; Labor Day; Thanksgiving Day; Christmas Day.
(3) Visiting Appointments: The institution/facility shall specify
procedures and criteria for scheduling visiting appointments for
non-contact visits in accordance with the provisions of this article.
(c) When a holiday listed in (b)(2) occurs on a day not regularly
scheduled for visiting, each institution/facility shall provide the
same number of hours of visiting on that holiday as for any single
regularly scheduled visiting day.

3173.1. Visiting Restrictions with Minors.
(a) For inmates convicted of Penal Code (PC) Section(s) 261,
264.1, 266c, 269, 285, 286, 288, 288a, 288.5, or 289 when the
victim is a minor, visitation with the minor victim shall be
prohibited, except as authorized by an order of the juvenile court
pursuant to Welfare and Institutions Code Section 362.6. Visitation
pursuant to such an order shall be limited to non-contact status.
(b) For inmates convicted of PC Section(s) 261, 264.1, 266c,
285, 286, 288, 288a, 288.5, or 289 when the victim is a minor,
visitation with any minor who is not the victim of the crime shall
be limited to non-contact status except as authorized by the
Institution Classification Committee.
(c) For inmates convicted of PC Section(s) 273a, or 273d,
visitation with the minor victim shall be limited to non-contact
status.
(d) For inmates convicted of violating PC Section(s) 187, 269,
273a, 273ab, or 273d, when the victim is a minor, visitation with
any other minor shall be limited to non-contact status except as
authorized by the Institution Classification Committee.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2600 and 5054, penal code. In re French, 164 Cal.Rptr. 800 (1980).
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).

3173. Processing of Approved Visitors.
(a) Approved visitors shall complete a visitor pass upon their
arrival at the institution/facility visitor processing center and their
approval to visit shall be verified.
(b) All adult visitors shall present picture identification before
being permitted to visit. For each minor, a certified record of birth
(official birth certificate, or county embossed abstract of birth)
shall be presented during each visit.

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TITLE 15

body, and the need for any assistive device. The authorization letter
shall be renewed every two years.
(e) Visitors who require the use of a wheelchair shall temporarily transfer to a designated institution/facility wheelchair, when
available, while visiting staff conduct an inspection of the visitor’s
wheelchair. Visitors who present a letter signed by their physician
that confirms the need for using a battery powered or custom
designed wheelchair shall be exempt from the requirement of
transferring from their personal wheelchair. In such cases, the
visitor shall permit an inspection of the personal wheelchair and
allow a hand held metal detection device to be used.
(f) Except as provided in subsection (b), if the search of any
visitor’s person, property or vehicle exceeds that which is normally
required for all visitors, the visitor shall be informed in writing of
the reason for the search and the name of the official ordering the
search. Consent shall be obtained from the visitor prior to the
search.
(g) A visitor who refuses to be searched shall be denied visiting
for that day.
(1) The inmate and the visitor who refused to be searched shall
be notified in writing as described in section 3176(a)(3).
(2) Future visits may be conditioned upon the visitor’s willingness to submit to a search prior to each visit for as long as
institution/facility officials have reasonable suspicion to believe
that the visitor will attempt to introduce contraband or unauthorized substances into the institution/facility.

(e) When an inmate has been arrested, but not convicted, of any
crime involving a minor victim included in this Section, a
classification committee shall determine whether all visitation with
a minor(s) is to be limited to non-contact status.
Unless otherwise prohibited, the inmate’s visiting status shall be
unrestricted until a classification committee has done the following:
(1) Made a case-by-case determination whether the inmate
poses a threat of harm to minor visitors in contact visitation.
(2) Considered the circumstances of the misconduct involving a
minor victim in determining whether the inmate poses a threat of
harm to minor visitors in contact visitation. In making its determination, the classification committee shall consider, but is not
limited to, arrest reports, probation officer reports, court transcripts, parole revocation transcripts.
(f) If a classification committee, when making a decision
regarding the visiting status of an inmate described in (e) above,
determines that the inmate will pose a threat of harm to minor
visitors in contact visitation, it will order all the inmate’s visitation
with minors be restricted to non-contact visiting status.
(g) If an inmate disagrees with the decision of a classification
committee, the inmate may file an inmate grievance via the CDC
Form 602 appeal process as outlined in sections 3084.1 through
3085.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code.
Reference: Sections 1202.05, 5054 and 5054.2, Penal Code; Section
362.6, Welfare and Institutions Code; and People v. Glass (2004) 114
Cal. App. 4th 1032.
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).
2. Repealer and new section and amendment of Note filed 12-5-2005
as an emergency; operative 12-5-2005 (Register 2005, No. 49).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance
must be transmitted to OAL by 5-15-2006 or emergency language
will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-5-2005 order, including amendment of subsections (f) and (g), transmitted to OAL 4-24-2006 and
filed 6-6-2006 (Register 2006, No. 23).
4. Amendment of subsections (a)–(c) and amendment of Note filed
10-6-2009; operative 10-6-2009 pursuant to Government Code
section 11343.4 (Register 2009, No. 41).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).
2. Amendment of subsections (a) and (g)(2) filed 4-7-2008; operative
5-7-2008 (Register 2008, No. 15).

3174. Standards of Dress for Inmate Visitors.
(a) Visitors are expected to dress appropriately and maintain a
standard of conduct during visiting that is not offensive to others.
Consistent with the goal of making visiting a safe, positive,
constructive time for families and staff, the following standards
shall apply:
(1) Visitors shall remain fully clothed at all times in the visiting
room.
(2) Appropriate attire includes undergarments; a dress or
blouse/shirt with skirt/pants/or shorts; and shoes or sandals.
(3) For security reasons, no brassiere will have metal underwires.
(b) Prohibited attire consists of:
(1) Clothing that resembles state-issued inmate clothing (blue
denim or blue chambray shirts and blue denim pants);
(2) Clothing that resembles law enforcement or military-type
clothing, including rain gear;
(3) Clothing or garments that:
(A) Expose the breast/chest area, genitals or buttocks;
(B) By design, the manner worn, or due to the absence of,
excessively allows the anatomical detail of body parts or midriff to
be clearly viewed;
(C) Are sheer, transparent or excessively tight;
(D) Expose more than two inches above the knee, including
slits when standing.
(E) Undergarments shall be worn beneath translucent clothing,
under all circumstances.
(4) Clothing or accessories displaying obscene or offensive
language, drawings or objects.
(5) Gloves, head coverings (except clear, see-through rain
gear), and readily removable wigs or hairpieces. The institution
head or designee may grant an exception for a visitor to wear
gloves, head coverings, and/or readily removable hairpieces or
wigs, based upon verification of need. Written approval shall be

3173.2. Searches and Inspections.
(a) Any person coming onto the property of an institution/
facility shall be subject to inspection as necessary to ensure
institution/facility security including prevention of the introduction
of contraband. Inspections may include a search of the visitor’s
person, personal property and vehicle(s) when there is reasonable
suspicion to believe the visitor is attempting to introduce or
remove contraband or unauthorized items or substances into, or out
of, the institution/facility.
(b) Visitors shall not be forcibly searched unless institution/
facility officials possess a court issued warrant to conduct the
search, or are being detained for unlawful actions or activities in
accordance with section 3292.
(c) Visitors shall be required to submit to contraband and/or
metal detection device(s), and a thorough search of all personal
items, including inspection of a wheelchair, implant, prosthesis or
assistive device, prior to being allowed to visit with an inmate.
(d) Visitors with medically implanted or prosthetic devices who
cannot clear the metal detection device and/or visitors who require
the use of a wheelchair or other assistive devices for mobility
impairment shall present a letter of verification signed by their
physician, physiatrist, prosthetist, or orthotist. The letter must
confirm the mobility impairment, and/or the nature of the medically implanted prosthetic device and its specific location in/on the

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§ 3176

(g) Except as provided in this section, no other bodily contact
shall be permitted.

required prior to visiting and subject to staff inspection during any
visit. The institution head or designee may also grant a general
exception allowing visitors to wear gloves and head coverings
based upon weather conditions at the institution/facility.
(6) Any other clothing, garment or accessory when worn in a
manner that would be prohibited in (b)(1) through (5) above.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment of subsections (h) and (i) filed 9-30-77; effective
thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
3. Amendment of subsection (g)(1) filed 2-7-83 as an emergency;
effective upon filing (Register 83, No. 7).
4. Order of Repeal of 2-7-83 emergency order filed 2-10-83 by OAL
pursuant to Government Code section 11349.6 (Register 83, No. 7).
5. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment of subsection (d) filed 2-24-77; effective thirtieth day
thereafter (Register 77, No. 9).
2. Amendment of subsection (e) filed 9-30-77; effective thirtieth day
thereafter (Register 77, No. 40).
3. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
4. Amendment of subsection (e) filed 8-22-79; effective thirtieth day
thereafter (Register 79, No. 34).
5. Amendment of subsection (e) filed 8-23-82; effective thirtieth day
thereafter (Register 82, No. 35).
6. New subsection (f) filed 2-16-83; effective thirtieth day thereafter
(Register 83, No. 8).
7. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, Title 1, California Code of Regulations
(Register 91, No. 6).
8. New subsections (e)(1)–(2) and amendment of Note filed 2-27-95
as an emergency; operative 5-30-95 (Register 95, No. 9). A
Certificate of Compliance must be transmitted to OAL by 11-6-95
or emergency language will be repealed by operation of law on the
following day.
9. New subsections (e)(1)–(2) and amendment of Note refiled 11-7-95
as an emergency; operative 11-7-95 (Register 95, No. 45). A
Certificate of Compliance must be transmitted to OAL by 4-14-96
or emergency language will be repealed by operation of law on the
following day.
10. Editorial correction of History 9 (Register 96, No. 21).
11. Repealer of subsections (e)(1) and (e)(2) and reinstatement of
Note as it existed prior to emergency amendment filed 5-30-95
pursuant to Government Code section 11349.6(d) (Register 96,
No. 21).
12. New subsections (e)(1) and (e)(2) and amendment of Note filed
6-7-96 as an emergency; operative 6-7-96 (Register 96, No. 23). A
Certificate of Compliance must be transmitted to OAL by 10-7-96
or emergency language will be repealed by operation of law on the
following day.
13. Editorial correction of subsection (e)(2) (Register 96, No. 40).
14. Change without regulatory effect amending Note filed 10-1-96
pursuant to section 100, Title 1, California Code of Regulations
(Register 96, No. 40).
15. Certificate of Compliance as to 6-7-96 order transmitted to OAL
10-3-96 and filed 11-18-96 (Register 96, No. 47).
16. Editorial correction of History 9 (Register 99, No. 4).
17. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).

3176.

Denial, Restriction, Suspension, Termination or
Revocation of Visits and Exclusion of a Person.
The terms ‘‘approve,’’ ‘‘disapprove’’ ‘‘deny,’’ ‘‘restrict,’’ ‘‘suspend,’’ ‘‘terminate,’’ ‘‘revoke,’’ and ‘‘reinstate’’ as used in this
article apply to actions which may be taken by the institution head
or designee for the administration of visiting. The director or
institution head may, for cause, exclude a person from entering
institutions/facilities of the Department. All such actions are
subject to the provisions set forth in this article.
(a) The official in charge of visiting may deny an approved
visitor access to an institution/facility, terminate, or restrict a visit
in progress for the following reasons:
(1) The visitor appears to be under the influence of alcohol,
drugs or other substance to the extent that his or her presence in the
institution/facility would pose an undue threat to his or her safety
or the safety of others, or to the security of the institution/facility.
(2) The visitor does not provide the identification and/or documentation required as set forth in these regulations.
(3) The visitor refuses to submit to a search and inspection of
his/her person or vehicles and property brought onto the
institution/facility grounds.
(A) Visitors who refuse to submit to an unclothed body search,
where probable cause exists, shall have their visiting privileges
denied for that day. Future visits may be conditioned upon the
visitor’s willingness to submit to an unclothed body search prior to
being allowed to visit. Such searches may be repeated on subsequent visits for as long as institution/facility officials have probable cause to believe that the visitor will attempt to introduce
contraband or unauthorized substances or items into the institution/
facility.
(B) The willingness or unwillingness of the visitor to submit to
a search shall not affect conditions or restrictions placed on an
inmate’s visiting privileges by a disciplinary or classification
committee unless the inmate is found in a subsequent disciplinary
hearing to have been a conspirator to smuggle contraband into or
out of the institution/facility.
(4) Conduct in violation of institution/facility procedures, including excessive physical contact, refusal to follow staff instructions, disruption of the visiting/processing area, destruction/
alteration of visiting documents, or any other behavior that would
constitute a misdemeanor or felony or repetition of less serious
violations and disregard for a warning about such violations.
(5) The visitor is not appropriately dressed.
(6) The visitor is under 18 years of age and the conditions
prescribed in section 3173(b) have not been met.
(7) The visitor has a medically implanted or prosthetic device,
cannot clear the contraband or metal detection devices, and does
not provide the written verification required in section 3173.2(d).
(8) The visitor requires the use of a wheelchair or other assistive
device(s) for mobility impairment, but does not provide the written
verification as required in section 3173.2(e), or refuses to tempo-

3175. Standards of Conduct for Inmates and Their Visitors.
(a) Inmates and visitors shall comply with all laws, regulations,
and institution/facility procedures. Any violation may result in
denial, termination, suspension, restriction, or revocation, of visiting as described in section 3176.
(b) Accompanying adults shall ensure that minors remain under
their constant control and supervision.
(c) Nursing mothers shall be discreet and covered when breastfeeding their child in the visiting area. Failure to do so shall result
in termination of visiting for that day.
(d) Inmates and their visitors may hold hands.
(e) At the beginning and end of each visit, inmates and their
visitors may briefly embrace and/or kiss.
(f) An inmate may hold his or her minor children. Inmates may
also hold minor children accompanied by an adult.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

rarily transfer to a designated institution/facility wheelchair while
the visitor’s personal wheelchair is being inspected.
(9) The maximum capacity of the visiting area has been reached
and to allow others to visit it is necessary to terminate the visits of
those persons who have been visiting for the longest period of
time. Exceptions shall include, but are not limited to the following:
(A) Excessive Distance: The visitor has traveled a distance of
250 miles or more, and has not visited within the last 30 days. This
exception applies to two consecutive days of visiting.
(B) Weddings: When an inmate and the visitor’s marriage
ceremony occurred on that day.
(C) Disabled: A disabled visitor who must rely on special
transportation to the institution/facility.
(D) Family Emergencies: When death, serious illness or injury
occurs to an inmate’s immediate family as defined in Section 3000.
Clergy or approved visitors may visit the inmate to offer condolences or inform the inmate of the occurrence.
(E) Infrequent Visits: When the visitor has not visited the
inmate in the last six months.
(10) When the overcrowding situation persists, visits of those
remaining will be terminated as necessary.
(b) Written notification shall be provided to the visitor when
action is taken by the official in charge of visiting to deny,
terminate or restrict a visit. The written notification shall contain
information instructing the visitor how to appeal the action as
outlined in section 3179.
(c) The institution head or designee may revoke or suspend an
approved visitor’s future visits for a specified period of time for
the following reasons:
(1) Information, which would have resulted in disapproval of
visits in section 3172.1, becomes known after approval to visit has
been granted.
(2) The visitor has been involved in a serious violation or
multiple less serious violations of CDC regulations.
(3) Visitors who participate in Sexual Activity in a visiting
room may have their access to the visiting program suspended for
up to 6 months. A second violation may result in a suspension of
up to one year. A third or subsequent violation may result in
exclusion.
(d) The ranking custody officer on duty or the official in charge
of visiting may restrict visits, but may not deny visiting, as a
temporary security measure when an inmate is scheduled for a
hearing on a serious rules violation or for classification on an order
for placement in administrative segregation. Subsequent disciplinary or classification committee action will supersede any such
temporary action.

TITLE 15

erning visits. When a verbal warning achieves corrective action, a
written report of the misconduct or warning is not necessary.
(b) Termination. When verbal warnings and/or restrictions fail
to achieve compliance, or fail to deter conduct by a visitor that if
committed by an inmate would constitute a serious rules violation,
the visit shall be terminated and documented in writing.
(c) Suspension up to six months. For serious or repeated
violations of the rules, regulations, or procedures, and/or upon
belief of the visitor’s involvement in a criminal act and pending the
outcome of an investigation, the official in charge of visiting may
impose a suspension of the visitor’s access to the visiting program
for up to 6 months. The length of suspension shall be commensurate with the seriousness of the violation.
(d) Suspension up to 12 months. The institution head or
designee may impose a suspension of visiting for up to 12 months
when a visitor is involved in criminal activity on institution/facility
property, which constitutes a misdemeanor.
(e) Suspension up to 24 months. The director or designee may
impose a suspension of visiting privileges up to 24 months when
a visitor is involved in criminal activity on institution/facility
property, which constitutes a felony.
(f) Revocation. Subsequent discovery of information that would
have resulted in disapproval or disqualifying conduct are grounds
for revocation of the previously granted permission to visit an
inmate.
(g) The visitor and the inmate shall be notified in writing of all
formal warnings, terminations, suspensions and revocations. The
notice shall clearly state the reason for the action and length of
time any sanction will apply. The notification shall also include the
signature of the official taking the action and advise the visitor of
the right to appeal in accordance with section 3179. The notification shall be provided to the visitor at the time of the action or
mailed to the visitor’s last known address within five working days
of the action.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).

3176.2.

Violation of State Law on Institution/Facility
Property.
Any violation of state law, misdemeanor, or felony committed
on institution/facility grounds or property by a visitor may be
referred to prosecuting authorities.
(a) Upon determination by the official in charge of visiting that
a violation of state law has occurred, the visitor’s access to the
visiting program shall be suspended pending investigation, prosecution, and service of any sentence by the court.
(1) If the individual is not prosecuted, or upon completion of
any court ordered sentence, approval to visit shall be reconsidered
upon the visitor’s written request.
(2) If a court finds the individual not guilty, a prior approval to
visit shall be reinstated upon written request of the visitor.
(b) Regardless of the outcome of any referral to prosecuting
authorities, future visits are subject to restrictions as provided in
section 3176.1.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Editorial correction of printing error in subsection (c) (Register 92,
No. 5).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).
3. Amendment of subsection (a)(9)(D) filed 10-16-2007; operative
11-15-2007 (Register 2007, No. 42).
4. New subsection (c)(3) filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009,
No. 41).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).

3176.1. Visitor Violation Process.
Any person seeking entry into an institution/facility for the
purpose of visiting an inmate shall be subject to all applicable
laws, rules and regulations. Any person violating a law, rule or
regulation while visiting shall be subject to warning, termination,
suspension, and/or revocation of their visiting privileges as described below:
(a) Warning. Visitors may be verbally warned about violations
of applicable law, rules, regulations or of local procedures gov-

3176.3. Exclusion of a Person from Institutions/Facilities.
(a) The term ‘‘exclusion’’ as used in this article describes an
administrative action by the director or institution head to bar, for
cause, a person from entering institutions/facilities of the department, when that person would otherwise be permitted to enter. The

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§ 3177

possession/control of a controlled substance, possession of money
or other dangerous contraband that has been introduced into the
institution/facility, or for other violations related to visiting.
(b) Pursuant to section 3314, a hearing officer conducting an
administrative rules violation hearing may restrict an inmate’s
visiting privileges for up to 30 days when the inmate is found
guilty of visiting related misconduct.
(c) Upon a finding of guilt of a drug related offense, as
described in subsections 3323(c)(7) and/or 3323(d)(6), the official
conducting a disciplinary hearing, shall suspend and restrict an
inmate’s visiting privileges pursuant to subsections 3315(f)(5)(H)
and 3315(f)(5)(I).
(d) Pursuant to section 3315, the official conducting a disciplinary hearing may suspend or restrict an inmate’s visiting privileges
for up to 90 days, when the inmate is found guilty of any of the
following serious rule violations:
(1) Possession of $5.00 or more without authorization.
(2) Visiting related violations presenting a threat as described in
section 3315(a)(2).
(3) Serious or repeated violations of visiting regulations or
procedures.
(e) Suspension and or restriction of visiting may be imposed by
a classification committee for a specific period of time when there
is substantial reason(s) to believe that the inmate poses a threat to
the security of the institution/facility and or safety of persons.
(1) Separate from the disciplinary authority of the senior
hearing officer as provided in section 3315, a classification
committee may suspend and restrict the visiting privileges of an
inmate found guilty of multiple visiting related violations as
described in section 3176.4(d). The committee may impose the
following suspensions and restrictions:
(A) Suspension of visiting privileges for up to 90 days, to be
followed by non-contact visiting for up to 180 days for any second
offense which occurs within two years from the date of a previous
offense.
(B) Suspension of visiting privileges for up to 180 days, to be
followed by non-contact visiting for up to 180 days for any third
offense which occurs within two years from the date of a first
offense.
(2) A classification committee may impose a loss of visits for
180 days, to be followed by non-contact visits for 180 days, for
escape or attempted escape when the inmate is found guilty by a
disciplinary hearing officer or court.
(f) When the inmate’s visiting privilege status has been modified or changed, the inmate shall be responsible for promptly
notifying his or her visitor(s) of the action taken.
(g) Any suspensions under this section shall not apply to
attorney visits including visits by attorney representatives.

director may delegate the authority for exclusion no lower than the
rank of deputy director. The institution head may delegate the
exclusion authority not lower than the chief deputy warden. Any
person, including employees of the department, attorneys, attorney
representatives, representatives of the news media, and delivery
persons, may be excluded. The exclusion of a person is effected by
issuance of an exclusion order.
(b) Exclusion orders shall be issued only when the director or
institution head determines one or more of the following:
(1) The person’s presence in the institution/facility presents a
serious threat to security.
(2) The person is charged with a felony.
(3) The person is under investigation for a felony committed on
institution/facility property.
(4) The person’s purpose for entering an institution/facility is
no longer valid or has been lawfully terminated.
(5) The person has committed any offense described in subsection 3178(s)(3) for which exclusion is an appropriate penalty.
(6) The person has violated subsection 3176(c)(3) for which
exclusion is an appropriate penalty.
(c) A temporary exclusion may be ordered pending investigation and/or verification of the cause for exclusion.
(d) The director or designee may exclude a person from any or
all institutions/facilities. An institution head or designee may issue
an order to exclude a person only from the institution/facility
within his/her jurisdiction.
(e) When the institution head’s exclusion order affects an
inmate’s attorney, or when the matter may have department wide
significance, an immediate telephone report will be made to the
director. In all instances of exclusion a written report will be made
to the director or designee within two working days of the effective
date of the order.
(f) The person excluded shall be provided with written notification of the action taken. The notification shall advise the person
that, upon request, a meeting with the official who ordered the
exclusion may be arranged at the convenience of both parties, and
that he/she may bring other persons to the meeting, including an
attorney, and any information or evidence to support his/her
position. Following the meeting, the person shall be provided the
official’s written decision within 20 working days.
(1) If the exclusion is modified to permit the person’s entry only
under special conditions, the reasons shall be given.
(2) If an institution head ordered the exclusion, the person shall
also be informed that the decision may be appealed to the director.
(3) A copy of the letter to the person shall be forwarded to the
director or designee and a copy shall be retained in the institution/
facility files.
(4) If the exclusion letter is rescinded in full, notice of the
rescission will be given in writing to the person, with a copy to the
director or designee.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2086, 2772, 2790, 4502, 4535, 4571, 4573, 4573.5, 4573.6 and
5054, Penal Code; and In re French, 106 Cal.App.3d 74 (1980).
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003,
No. 8).
2. Change without regulatory effect amending subsection (b)(5) filed
3-27-2006 pursuant to section 100, title 1, California Code of
Regulations (Register 2006, No. 13).
3. New subsection (b)(6) filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009,
No. 41).

3177. Family Visiting (Overnight).
Institution heads shall maintain family visiting policies and
procedures. Family visits are extended overnight visits, provided
for eligible inmates and their immediate family members as
defined in Section 3000, commensurate with institution security,
space availability, and pursuant to these regulations. Each institution shall provide all necessary accommodations, except for food,
at no cost to the inmates and their visitors. Institutions shall require
eligible inmates to purchase all food for the family visit through
the institution family visiting coordinator. Each institution family
visiting menu shall provide a balanced variety of nutritional
selections. At all CDC conservation camps, the visitors shall be
required to bring all food for the visit.

3176.4.

Restriction, Revocation or Suspension of an Inmate’s
Visits.
(a) Designated staff, not below the rank of correctional lieutenant or parole agent II, may temporarily impose non-contact visiting
restrictions as a necessary security measure for an inmate who is
pending a serious disciplinary hearing for the distribution and/or

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

Only those immediate family members as defined in Section
3000, including registered domestic partners, are authorized for
family visits.
(a) When a bona fide and verified foster relationship exists
between an inmate and another person, by virtue of being raised in
the same foster family, the person may be approved for family
visiting with the prior approval of the institution head or designee.
(b) Family visiting is a privilege. Eligibility for family visiting
shall be limited by the assignment of the inmate to a qualifying
work/training incentive group as outlined in section 3044.
(1) Family visits shall not be permitted for inmates convicted of
a violent offense involving a minor or family member or any sex
offense, which includes but is not limited to the following Penal
Code sections: 187 (when the victim is a family member as defined
in Section 3000 or minor); 192 (when the victim is a family
member or minor); 243.4; 261; 261.5, 262; 264.1; 266c; 266j;
273a; 273d; 273.5; 273.6; 285; 286; 288; 288a; 288.2; 288.5; 289;
289.5; 311.1; 311.2; 311.3; 311.4; 313.1; 314; or 647.6.
(A) Inmates may be prohibited from family visiting where
substantial documented evidence or information of the misconduct
described in section 3177(b)(1) exists, without a criminal conviction. The evidence or information appropriate for the purpose of
this regulation shall include rule violation reports as well as the
standard described in section 3173.1.
(B) Family visiting shall be restricted as necessary to maintain
order, the safety of persons, the security of the institution/facility,
and required prison activities and operations, pursuant to section
3170.
(2) Family visits shall not be permitted for inmates who are in
any of the following categories: sentenced to life without the
possibility of parole; sentenced to life, without a parole date
established by the Board of Prison Terms; designated Close A or
Close B custody; designated a condemned inmate; assigned to a
reception center; assigned to an administrative segregation unit;
assigned to a security housing unit; designated ‘‘C’’ status; guilty
of one or more Division A or Division B offense(s) within the last
12 months; or guilty of narcotics distribution while incarcerated in
a state prison.
(3) Family visits shall be permitted only in CDC institutions
and conservation camps.
(c) Unescorted minors of the inmate’s immediate family shall
not participate in family visits. Exceptions include an inmate’s
legal spouse, the inmate’s children or legal stepchildren and the
inmate’s own brothers or sisters when the institution head or
designee approves such unchaperoned visits.
(d) Inmates shall not be eligible for a family visit while any
action that restricts, suspends, or denies their contact with a visitor
or visitors during regular visiting is in effect. Family visits may be
revoked or suspended without such action affecting an inmate’s
eligibility for contact or non-contact visits.
(e) Each inmate shall be subject to disciplinary action, which
may include suspension or exclusion from participation in the
family visiting program, for any willful damage of the unit and/or
furnishings or for failure to maintain the cleanliness of the family
visiting program unit.
(f) Visitors failing to report to the visitor processing area by
11:00 a.m. without the notification and approval of the family
visiting coordinator are subject to cancellation of the visit and
suspension of family visiting program privileges for six months.
(g) Inmates with a disability requiring an accommodation for
family visits shall give 72 hours notice of any request for
accommodation.

TITLE 15

2. Amendment of subsection (c) filed 9-30-77; effective thirtieth day
thereafter (Register 77, No. 40).
3. Amendment of subsection (c)(4) and new subsection (c)(13) filed
8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsection (c)(11)(C) filed 4-18-80; effective thirtieth day thereafter (Register 80, No 16).
5. Amendment of subsection (c)(10)(C) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
6. Amendment of subsections (c)(11)(B) and (c)(12) filed 8-23-82;
effective thirtieth day thereafter (Register 82, No. 35).
7. Amendment of subsection (c)(3) filed 3-2-83; effective thirtieth day
thereafter (Register 83, No. 12).
8. Change without regulatory effect amending subsection (c)(9)(C)
filed 9-26-95 pursuant to section 100, title 1, California Code of
Regulations (Register 95, No. 39).
9. New subsections (c)(11)(D) and (E) and subsection relettering filed
2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A
Certificate of Compliance must be transmitted to OAL by 6-11-98
or emergency language will be repealed by operation of law on the
following day.
10. Certificate of Compliance as to 2-11-98 order transmitted to OAL
5-4-98 and filed 6-16-98 (Register 98, No. 25).
11. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).
12. Change without regulatory effect amending subsection (b)(1) filed
12-4-2006 pursuant to section 100, title 1, California Code of
Regulations (Register 2006, No. 49).
13. Amendment of first two paragraphs, subsection (b)(1) and Note
filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).

3178. Attorney Visitations and Consultation.
(a) The provisions of this section apply to any attorney or legal
service organization as identified in section 3141(c)(8) authorized
to practice law in California, another state, or the District of
Columbia.
(b) A private consultation between an inmate and his or her
attorney or attorney representative is known as an attorney visit.
Attorney visits shall be conducted in a confidential area specified
by the institution/facility. Attorney visiting shall normally be
accommodated during the institution/facility regularly scheduled
visiting days and hours. Where regular visiting is scheduled on
both weekdays and weekends, the scheduling preference will be on
weekdays because of the personnel and resources needed for the
greater volume of weekend visits by friends and relatives.
(1) When an institution/facility visiting schedule only provide(s) for visiting on weekends an attorney visit shall be scheduled during normal weekday business hours upon written request
of the attorney or attorney representative.
(2) The institution head or the official in charge of visiting has
the discretion to authorize a contact attorney visit for an inmate on
non-contact visiting status.
(3) If an attorney, or attorney representative, does not desire
private accommodations, the attorney or attorney representative
may visit the inmate on any scheduled visiting day and shall be
provided the same accommodations including the schedule, as a
regular visitor.
(c) An attorney or court may designate other persons to act on
their behalf as attorney representatives.
(1) Attorney representatives must be one of the following:
(A) A private investigator licensed by any state and sponsored
by the attorney or appointed by the court.
(B) An investigator who is employed by a government agency,
public agency or public institution.
(C) A law student sponsored by the attorney.
(D) A legal para-professional sponsored by the attorney or
appointed by the court.
(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the
attorney or licensed private investigator.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
297.5, Family Code; and Section 5054, Penal Code.
HISTORY:
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3178

the initial in-person visit with the specified inmate(s). Attorneys
and attorney representatives must report any change in personal or
professional information, arrest history and declarations made in
subsections (c) and (d) above to retain their approval/clearance.
(g) While five days notice to schedule an attorney visit is
requested an approved attorney or approved attorney representative shall provide the institution/facility with no less than two
business days notice to schedule a private consultation with an
inmate. In an emergency, appointment requests may be cleared
through the institution head or designee.
(h) Upon arrival at the institution/facility, the approved attorney
shall be processed into the institution/facility in the same manner
and under the same restrictions as regular visitors. Attorneys shall
also be required to present their state bar card or other similar
documentation that the attorney is currently registered in good
standing with a state bar association.
(i) To follow-up on information obtained during a private
consultation with an inmate, attorneys or attorney representatives
may request to visit inmates other than those already formally
represented. Such requests shall be considered subject to reasonable operational limitations. If the request imposes an unreasonable burden on staffing or unduly disrupts an institutional function,
e.g., interferes with count or feeding, it will be deemed unreasonable and the request will be denied.
(j) When there is cause to believe an attorney or a legal service
organization is abusing the privilege of private consultation with
the inmate, the institution head is authorized to:
(1) Require proof that the inmate and attorney are involved in
active litigation or have a legitimate legal reason for contact.
(2) Initiate an investigation of the facts and circumstances of the
situation.
(k) An attorney request for the deposition of an inmate shall be
made in writing to the institution head. The request shall include:
(1) The name and CDC number of the inmate.
(2) The name and other identifying information of the court
reporter.
(3) The specific date and time requested for taking the deposition.
(l) Not more than two attorneys or attorney representatives may
visit privately with an inmate or witness at the same time.
Exceptions may be authorized by the official in charge of visiting
commensurate with space and staff availability.
(m) Conversations between an inmate and an attorney and/or
attorney representative shall not be listened to or monitored, except
for that visual observation by staff, which is necessary for the
safety and security of the institution/facility.
(n) All items, including legal documents permitted into the
security area, shall be inspected for contraband and/or unauthorized items or substances. The inmate may retain and take from the
visiting area any legal documents given to him or her by the
attorney or attorney representative, providing the inmate consents
to staff examination of the documents for contraband or unauthorized items or substances.
(1) Staff may open and inspect but shall not read any part of
written or printed materials without the expressed consent of the
attorney/attorney representative and inmate.
(2) Any and all items including written and printed material that
an inmate and an attorney wish to exchange during the visit must
be presented to the official in charge of visiting for inspection
before it is brought into the visiting area. The purpose of this
inspection is to ensure the contents pose no threat to the security or
safety of the institution/facility, including the introduction of
unauthorized drugs, controlled substances, and contraband as
defined in section 3006.

(2) Personnel retained by an attorney or attorney representative,
including, but not limited to certified sign language interpreters,
certified language interpreters and court reporters may accompany
the attorney or attorney representative during the private consultation and are required to provide the information requested in
(c)(3) below. Licensed mental or medical health care professionals
may also serve as attorney representatives and do not have to be
accompanied by the attorney.
(3) The designation shall be in writing and signed by the
attorney and/or judge, and shall contain the following:
(A) The designee’s name and position of employment or title.
(B) The designee’s date of birth, driver’s license and social
security number.
(C) Certification, in the form of a license that the representative
is a licensed private investigator retained by the attorney or
appointed by the court; or valid identification that the investigator
is employed by a government agency, public agency, or public
institution; or a letter in the form of a declaration, that the attorney
representative is being sponsored by the attorney and that the
attorney accepts responsibility for all actions taken by the attorney
representative.
(D) The name and CDC number of the inmate(s) to be visited.
(E) The designation shall be presented by the representative at
the time of their visit and shall be subject to verification by
institution/facility staff.
(4) Attorney representatives shall be afforded the same accommodations and services and are subject to the same rules and
regulations, as an attorney providing all other requirements of this
article are met.
(d) An attorney who wishes to consult in person with an inmate
shall contact the institution/facility at which the inmate is housed.
The request shall be made by calling or writing (including via
facsimile) the staff designated (usually the litigation coordinator)
in the institution/facility operational supplement. In order to obtain
approval/clearance, the attorney shall provide the following personal and professional information in writing (including via
facsimile): name; mailing address; date of birth, valid driver’s
license or state-issued identification card number; proof of current
registry and good standing with a governing bar association; and
indication of the jurisdiction(s) licensed to practice law. Requesting attorneys must also report any prior felony convictions, explain
any prior suspension or exclusion from a correctional facility and
declare one or more of the following:
(1) They are the inmate’s attorney either by appointment by the
court or at the inmate’s request;
(2) They have been requested by a judge to interview a named
inmate for purposes of possible appointment as counsel by the
same court;
(3) They are requesting to visit an inmate who may be a witness
directly relevant to a legal process, purpose, or proceeding;
(4) They are seeking to interview a named inmate, at the request
of the inmate, for the purpose of representation of the inmate in a
legal process, for a legal purpose or in a legal proceeding.
(5) They have been requested by a third party to consult with
the inmate when the inmate cannot do so because of a medical
condition, disability, or other circumstance.
(e) Any false statement or deliberate misrepresentation of facts
specific to the information requested in subsection (d) above shall
be grounds for denying the request and/or cause for subsequent
suspension or exclusion from all institutions/facilities administered
by the department.
(f) Upon receipt of the information specified in (d) above, a
California Law Enforcement Telecommunications System check
of the attorney through the Department of Justice and verification
of the attorney’s credential through the governing state bar will be
conducted. Once the clearance and state bar verification have been
obtained and approved, the attorney shall be contacted to schedule

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TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(3) If the inmate does not consent to an inspection of the
contents of a document given to the inmate by the attorney/
attorney representative, it shall be returned to the attorney/attorney
representative.
(o) After proper inspection, written and printed material may be
exchanged. The attorney or attorney representative may retain and
take from the visiting area and from the institution/facility any
legal written or printed documents given to them by the inmate and
not otherwise prohibited by law or these regulations.
(p) An attorney or attorney representative may be permitted,
with the inmate’s consent, to audio record the inmate’s interview.
(1) The institution/facility shall make audio recording equipment available for such use. The interviewer may use personal
recording equipment providing the equipment can be thoroughly
inspected by staff before entry into the institution/facility.
(2) The attorney or attorney representative must provide a
factory sealed audiotape/compact disc(s).
(q) The institution head or designee may authorize video
recording of inmate interviews, with the inmate’s consent.
(1) Video recording equipment provided by the attorney shall
be thoroughly inspected by staff before entry into the institution/
facility and searched for contraband.
(2) If the attorney’s or attorney representative’s video equipment cannot be thoroughly searched without an undue risk of
damage, the equipment shall be permitted only if the attorney or
attorney representative agrees to pay for staff to escort and control
the equipment while inside the institution/facility. The pay for such
staff escorts shall be at the state established hourly wage, including
rates for overtime when necessary.
(3) The attorney or attorney representative must provide factory
sealed videotape(s).
(r) Attorneys shall not be permitted to attend or participate in
any conference or committee meeting of staff and the inmate
concerned, except as may be authorized in these regulations.
(s) Administrative action may be taken by the institution/
facility head or designee to restrict, where cause exists, the
confidential privileges, including confidential visiting, mail and/or
telephone privileges, and/or normal visiting privileges afforded an
attorney or attorney representative based upon the schedule contained in this section:
(1) A written warning notifying the attorney or attorney representative that the offender’s confidential legal privileges are
subject to modification/suspension and that the offender will be
subject to exclusion for a minimum of six months. Written
warnings are appropriate for minor infraction or violations of the
institution/facility regulations, i.e., violations that cannot be prosecuted as either a misdemeanor or felony.
(2) Modification, suspension, or exclusion of visiting privileges
for a period of at least six months shall occur in the event that the
written warning above fails to deter or correct the offending
behavior.
(3) Committing an act that jeopardizes the life of a person,
violates the security of the facility, constitutes a misdemeanor or a
felony, or is a reoccurrence of previous violations shall result in a
one-year to lifetime exclusion depending on the severity of the
offense in question. Exclusions shall be made in accordance with
section 3176.3 and the appeal process in section 3179.
(t) The director or designee shall be notified in writing within
48 hours when administrative action is taken to restrict visiting
privileges of an attorney or attorney representative.

2. Repealer and new section filed 8-18-78; effective thirtieth day
thereafter (Register 78, No. 33).
3. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 28).
4. Change without regulatory effect amending subsection(a) filed
1-12-98 pursuant to section 100, title 1, California Code of
Regulations (Register 98, No. 3).
5. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).

3179. Appeals Relating to Visiting.
(a) Inmates, and approved inmate visitors, and visiting applicants may appeal in writing department policies, staff decisions,
and institution/facility procedures relating to visiting.
(1) Inmates shall use the established inmate appeal procedures
as provided in section(s) 3084 through 3085.
(2) All appeals by approved inmate visitors and visiting applicants related to visiting shall be submitted to the institution head.
(b) Visitor appeals related to institution/facility procedures or
staff decisions shall be addressed to the institution head. A written
response shall be provided within 15 working days from receipt of
the appeal. If dissatisfied with the institution/facility response or
action, the appellant may refer their appeal, with a copy of the
institution/facility decision, to the director or designee.
(c) Appeals related to visiting shall be addressed to the director.
A written response to appeals addressed to the director shall be
provided within 20 working days from the date of receipt.
(d) All subsequent decisions made, as the result of an appeal
and the reasons for the decisions shall be documented with a copy
to the appellant and/or inmate. Visiting privileges shall be
promptly approved or restored when an investigation concludes
that no violation of rules, regulations, or procedures took place.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Change without regulatory effect renumbering former section 3182
to section 3179 filed 6-28-95 pursuant to section 100, Title 1,
California Code of Regulations (Register 95, No. 26).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003
(Register 2003, No. 8).

3182.

Minimum Visiting Days and Hours.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2600, 2601 and 5054, Penal Code. In re French, 164 Cal. Rptr. 800
(1980).
HISTORY:
1. New section filed 1-13-93 as an emergency; operative 1-13-93
(Register 93, No. 3). A Certificate of Compliance must be transmitted to OAL 5-13-93 or emergency language will be repealed by
operation of law on the following day.
2. New section refiled 5-21-93 as an emergency; operative 5-21-93
(Register 93, No. 21). A Certificate of Compliance must be
transmitted to OAL by 9-20-93 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-21-93 order transmitted to OAL
9-14-93; disapproved by OAL on 10-13-93 (Register 93, No. 42).
4. New section refiled 10-14-93 as an emergency; operative 10-14-93
(Register 93, No. 42). A Certificate of Compliance must be
transmitted to OAL by 2-11-94 or emergency language will be
repealed by operation of law on the following day.
5. Editorial correction adding History 2 (Register 93, No. 42).
6. New section refiled 3-9-94; operative 3-9-94 (Register 94, No. 10).
7. Change without regulatory effect renumbering former section 3182
to Section 3179 filed 6-28-95 pursuant to Section 100, Title 1,
California Code of Regulations (Register 95, No. 26).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2601, 4570.5 and 5054, Penal Code; and Procunier v. Martinez, 94 S.
Ct. 1800 (1974).
HISTORY:
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).

Article 8.
3180.

Tobacco

General Policy.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 308a and 5054, Penal Code.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

tobacco, tobacco substitutes, smoking paraphernalia, and all other
items developed or processed for the primary purpose of facilitating the use or possession of tobacco or tobacco related products as
well as packaging material. Packaging material includes, but is not
limited to, snuff or cigarette containers.
(b) No tobacco product shall be advertised in any departmentowned or -occupied facility with the exception of advertisements
contained in a program, leaflet, newspaper, magazine, or other
written material lawfully sold, bought, or distributed within a
facility.
(c) Staff shall not use or possess tobacco products in the
presence of inmates. No person shall possess or use tobacco
products on the grounds of any institution/facility that houses or
detains inmates, under the jurisdiction of the Department, except
for the following:
(1) The use of tobacco products may be departmentally approved in inmate religious ceremonies.
(2) Tobacco products for personal use off facility grounds are
permitted when secured in a locked private vehicle.
(3) Tobacco products for personal use are permitted in residential spaces of staff where inmates are not present. Use of tobacco
products in residential space at correctional training academies,
and in BOQ’s at conservation camps, will be permitted only in
designated areas with designated times to be determined by local
operational procedures.
(4) Tobacco cessation products such as a patch, inhaler, or
lozenges are permitted for use by staff, and must be for immediate
personal use only.
(d) On July 1, 2005 and thereafter, smoking, possession, or use
of tobacco products by inmates under the jurisdiction of the
Department, or any other persons where inmates are housed or
detained, except as provided in (c), is prohibited and tobacco
products will be considered contraband in accordance with section
3006.

HISTORY:
1. Amendment filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
2. Repealer and new section filed 10-7-82; effective thirtieth day
thereafter (Register 82, No. 41).
3. Repealer filed 2-6-90; operative 3-8-90 (Register 90, No. 6).

3181.

§ 3188

Quantity.

1. Repealer of article 8 and section filed 10-29-90; operative 11-28-90
(Register 91, No. 6).

3187. Smoking Policy.
(a) The terms below are defined for the purposes of this section:
(1) Smoke or Smoking means the inhaling, exhaling, burning,
or carrying of any lit cigarette, cigar, pipe, or smoking paraphernalia used for consuming the smoke of tobacco or any other
burning product.
(2) Use means the use of any tobacco product.
(3) Residential Space means the private living areas of staff.
Residential Space does not include the living areas of inmates or
family visiting areas. Residential space includes, but is not limited
to, residential areas at institutions, correctional training academies,
and conservation camps.
(4) Facility means any building, areas of any building, or group
of buildings owned, leased, or utilized by the Department. This
shall include, but not be limited to, institutions, conservation
camps, community correctional facility, and reentry furlough, and
restitution centers.
(b) No person shall smoke within 20 feet of any operative
window of, entrance/exit to, or within the interior of any state
owned or state occupied building, with the following exceptions:
(1) Residential spaces of staff excluding correctional training
academies, Bachelor Officer Quarters (BOQ) at conservation
camps, and designated non-smoking housing on institutional
grounds. For these excluded areas, smoking will be permitted for
staff in designated areas at designated times.
(2) In areas designated by each institution head for the purpose
of approved inmate religious ceremonies as specified.
(c) In addition to (b), no person shall smoke in any area that
may pose a safety or security risk, e.g., within any fire hazardous
areas.
(d) Signs shall be posted at entrances of all areas designated no
smoking and, as necessary, any other outside areas of a facility not
designated for smoking, along with a citation of the authority
requiring such prohibition.
(e) No person shall smoke in any vehicle that is state-owned or
-leased by the state.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; Section 19994.35, Government
Code.
HISTORY:
1. New section filed 8-18-94 as an emergency; operative 8-18-94
(Register 94, No. 33). A Certificate of Compliance must be
transmitted to OAL by 12-16-94 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-18-94 order, including amendment of subsections (b) and (d), and amendment of Note transmitted to OAL 12-16-94 and filed 1-26-95 (Register 95, No. 4).
3. Editorial correction of Reference cite (Register 95, No. 32).
4. Amendment of section and Note filed 1-14-97 as an emergency
pursuant to Penal Code section 5058(e); operative 1-14-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to
OAL by 6-23-97 pursuant to Penal Code section 5058(e) or
emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 1-14-97 order transmitted to OAL
4-22-97 and filed 5-27-97 (Register 97, No. 22).
6. Amendment of subsection (a)(3) filed 12-1-98 as an emergency;
operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code
5058(e), a Certificate of Compliance must be transmitted to OAL
by 5-10-99 or emergency language will be repealed by operation of
law on the following day.
7. Certificate of Compliance as to 12-1-98 order transmitted to OAL
5-7-99 and filed 6-4-99 (Register 99, No. 23).
8. Renumbering of former section 3188 to new section 3187 and
renumbering of former section 3189 to section 3188, including
amendment of section and Note, filed 7-7-2005 as an emergency;
operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code
section 5058.3, a Certificate of Compliance must be transmitted to
OAL by 12-14-2005 or emergency language will be repealed by
operation of law on the following day.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; Sections 7596–7598 and
19994.30–19994.32, Government Code.
HISTORY:
1. Renumbering of former section 3188 to new section 3187, including amendment of section and Note, filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to
Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 12-14-2005 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).

3188. Tobacco Products.
(a) The terms below are defined for the purposes of this section:
(1) Advertise means the display or posting of any poster, sign,
or other written or visual material that serves to communicate
commercial information or images to the public.
(2) Tobacco product means any product that contains tobacco,
the prepared leaves of any plant belonging to the nicotiana family,
which shall include, but not be limited to, cigarettes, loose tobacco,
cigars, snuff, chewing tobacco, or any other preparation of

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

(F) Wasco State Prison—Reception Center and Administrative
Segregation Unit Housing only.
(G) California Correctional Institution—Reception Center
Housing only.
(H) California State Prison, Los Angeles County—Reception
Center Housing only.
(I) High Desert State Prison—Reception Center Housing only.
(2) Authorized Personal Property Schedule—Levels I, II, III,
Male Conservation Camps, California Out Of State Facilities
(COCF) and Community Correctional Facilities (Rev. 2/1/08).
This personal property schedule applies to the following facilities:
(A) Avenal State Prison—Levels I and II General Population
and Administrative Segregation Unit Housing.
(B) California Correctional Center—Levels I, II, III General
Population, Administrative Segregation Unit Housing and Male
Conservation Camps.
(C) California Institution for Men—Level I General Population
Housing only.
(D) California Rehabilitation Center—Levels I and II General
Population and Administrative Segregation Unit Housing.
(E) California State Prison, Solano—Levels II and III General
Population and Administrative Segregation Unit Housing.
(F) Correctional Training Facility—Levels, I, II, and III General
Population and Administrative Segregation Unit Housing.
(G) Chuckawalla Valley State Prison—Levels I and II General
Population and Administrative Segregation Unit Housing.
(H) Deuel Vocational Institution—Levels I and II General
Population Housing only.
(I) Folsom State Prison—Levels I, II, and III General Population and Administrative Segregation Unit Housing.
(J) Ironwood State Prison—Levels I and II General Population
and Administrative Segregation Unit Housing.
(K) Pleasant Valley State Prison—Level I General Population
Housing only.
(L) California Substance Abuse Treatment Facility and State
Prison, Corcoran—Levels I and II General Population Housing
only.
(M) North Kern State Prison—Levels I and II General Population Housing only.
(N) Richard J. Donovan Correctional Facility—Levels I and III
General Population Housing only.
(O) San Quentin State Prison—Levels I and II General Population Housing only.
(P) Sierra Conservation Center—Levels I, II and III General
Population, Administrative Segregation Unit Housing and Male
Conservation Camps.
(Q) Wasco State Prison—Levels I and III General Population
Housing only.
(R) Calipatria State Prison—Level I General Population Housing only.
(S) Centinela State Prison—Level I General Population Housing only.
(T) California Men’s Colony—Levels I and II General Population Housing only.
(U) California Medical Facility—Levels I and II General Population Housing only.
(V) California State Prison, Los Angeles County—Level I
General Population Housing only.
(W) Mule Creek State Prison—Levels I and II General Population Housing only.
(X) California Correctional Institution—Levels I and II General
Population Housing only.
(Y) Corcoran State Prison—Level I General Population Housing only.
(Z) High Desert State Prison—Levels I and II General Population Housing only.

9. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).

3189. Inmate Violations and Cessation Assistance.
(a) Inmates violating the provisions of sections 3187 and/or
3188 on July 1, 2005 and thereafter shall be subject to the inmate
disciplinary methods, administrative and serious rule violation
provisions of sections 3312, 3314 and 3315.
(b) Tobacco use cessation assistance may include, but is not
limited to the following:
(1) Tobacco use cessation classes,
(2) Distribution of printed tobacco cessation material.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code.
HISTORY:
1. New section filed 8-18-94 as an emergency; operative 8-18-94
(Register 94, No. 33). A Certificate of Compliance must be
transmitted to OAL by 12-16-94 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-18-94 order transmitted to OAL
12-16-94 and filed 1-26-95 (Register 95, No. 4).
3. Amendment of section heading and new subsection (c) filed
12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49).
Pursuant to Penal Code 5058(e), a Certificate of Compliance must
be transmitted to OAL by 5-10-99 or emergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-98 order transmitted to OAL
5-7-99 and filed 6-4-99 (Register 99, No. 23).
5. Renumbering of former section 3189 to section 3188 and new
section 3189 filed 7-7-2005 as an emergency; operative 7-7-2005
(Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 12-142005 or emergency language will be repealed by operation of law
on the following day.
6. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).

Article 9.

TITLE 15

Personal Property

3190. General Policy.
(a) Inmates shall be permitted to possess in their quarters/living
area, state-issued property items, and authorized personal property
items based upon privileges in section 3044 and/or assigned
security level and/or institution mission, and subject to disciplinary
provisions in sections 3314 and 3315.
(b) Specific items of personal property shall be established by a
consensus of individual facilities within each of five mission-based
regions of the Division of Adult Institutions. A list of allowable
property shall be developed and updated by each mission-based
region no more frequently than twice yearly. Local exceptions to
the individual mission-based property lists shall also be identified.
All changes to the Authorized Personal Property Schedule shall be
adopted in accordance with the rulemaking requirements of the
Administrative Procedure Act (Government Code Sections 11340
through 11364).
The following five mission-based regional property lists are
incorporated by reference:
(1) Authorized Personal Property Schedule—Reception Centers
(Rev. 2/1/08). This personal property schedule applies to the
following facilities:
(A) California Institution for Men—Reception Center and Administrative Segregation Unit Housing only.
(B) Deuel Vocational Institution—Reception Center and Administrative Segregation Unit Housing only.
(C) North Kern State Prison—Reception Center and Administrative Segregation Unit Housing only.
(D) Richard J. Donovan Correctional Facility—Reception Center and Administrative Segregation Unit Housing only.
(E) San Quentin State Prison—Reception Center and Administrative Segregation Unit Housing only.

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TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3190

(c) The combined volume of state-issued and allowable personal property items shall not exceed six cubic feet, except as
specifically allowed in these regulations.
(d) Upon an inmate’s transfer between institutions of the
department, the sending institution shall inventory the inmate’s
property and, pursuant to section 3191 ensure the proper disposition of property not allowed at the receiving institution as a result
of privilege group, and/or security level, and/or institution mission
changes.
(e) Inmates may acquire authorized personal property packages
based upon their privilege group, pursuant to section 3044.
Personal property packages shall be ordered by inmates or their
correspondents via a departmentally-approved vendor. All packages shall be shipped to the inmate’s institution/facility by the
departmentally-approved vendor in a sealed container.
(f) Inmates may possess allowable food and personal care/
hygiene items, and personal clothing in their quarters/living areas,
subject to section 3190(a), unless otherwise prohibited by these
regulations. The total volume of canteen merchandise retained in
possession of an inmate shall be pursuant to section 3094. Inmates
shall be required to maintain their purchase receipt to verify
purchases until such items are expended.
(g) Inmates shall be restricted to only clear (see-through)
personal care/hygiene items encased in clear containers or tubing
based upon industry availability. An exemption shall be authorized
by the institution’s health care manager or chief medical officer
when an exemption to the clear item and/or clear case requirement
is deemed medically necessary by a physician. Such exemption
shall not exceed one (1) year. If the condition persists, the inmate
shall submit another exemption request.
(h) Inmates shall only be permitted to possess state-issued
clothing and authorized personal clothing subject to section
3190(a).
(i) Inmates shall be allowed special purchases of authorized
personal property items from locally-approved special purchase
vendors (except as provided for publications (including books and
subscriptions to periodicals) in Sections 3190(i)(2) and 3190(i)(7)
below). The institution head or designated staff shall ensure
approved vendor catalogs and order forms are available to inmates
who qualify. Special purchases shall only include the following:
(1) Health Care Appliances, subject to prescription by health
care staff and approval by designated custody staff, shall be
excluded from the six cubic foot limitation of section 3190(c).
(2) Legal Material, including legal reference material, books,
and legal pads not available in the institution canteen, pursuant to
section 3161. There shall be no ‘‘Approved Vendor Lists’’ for any
legal publications. Inmates may receive legal publications from
any publisher, book store or book distributor that does mail order
business.
(3) Correspondence Courses, subject to approval by supervisor
of correctional education programs and designated custody staff.
(4) Religious Items, subject to approval by institutional chaplain and designated custody staff.
(5) Handicraft Material, subject to approval by handicraft
manager and designated custody staff.
(6) Entertainment Appliances and Musical Instruments, subject
to qualifying privilege group and/or security level/institution
mission.
(7) All publications, including books and subscriptions to
periodicals, subject to section 3006. There shall be no ‘‘Approved
Vendor Lists’’ for any publications. Inmates may receive publications from any publisher, book store or book distributor that does
mail order business.
(j) Inmates may be allowed to possess appliances and one
musical instrument as follows:
(1) Inmates assigned to Privilege Groups A or B may possess up
to three approved appliances in their quarters/living area and shall

(AA) California State Prison, Sacramento—Levels I and II
General Population Housing only.
(BB) Pelican Bay State Prison—Level I General Population
Housing only.
(CC) Kern Valley State Prison—Level I General Population
Housing only.
(DD) Salinas Valley State Prison—Levels I and II General
Population Housing only.
(3) Authorized Personal Property Schedule—Levels III and IV
(Rev. 2/1/08). This personal property schedule applies to the
following facilities:
(A) Calipatria State Prison—Level IV General Population and
Administrative Segregation Unit Housing only.
(B) Centinela State Prison—Level III General Population and
Administrative Segregation Unit Housing only.
(C) California Men’s Colony—Level III General Population
and Administrative Segregation Unit Housing only.
(D) California Medical Facility—Level III General Population
and Administrative Segregation Unit Housing only.
(E) California State Prison, Los Angeles County—Level IV
General Population and Administrative Segregation Unit Housing
only.
(F) Mule Creek State Prison—Levels III and IV General
Population and Administrative Segregation Unit Housing only.
(G) Pleasant Valley State Prison—Levels III and IV General
Population and Administrative Segregation Unit Housing only.
(H) California Substance Abuse Treatment Facility and State
Prison, Corcoran—Levels III and IV General Population and
Administrative Segregation Unit Housing only.
(I) Richard J. Donovan Correctional Facility—Level IV General Population Housing only.
(4) Authorized Personal Property Schedule—High Security and
Transitional Housing (Rev. 2/1/08). This personal property schedule applies to the following facilities:
(A) California Correctional Institution—Level IV General
Population, Administrative Segregation Unit and Security Housing
Unit Housing only.
(B) Corcoran State Prison—Levels III and IV General Population, Administrative Segregation Unit and Security Housing Unit
Housing only.
(C) High Desert State Prison—Levels III and IV General
Population, and Administrative Segregation Unit Housing only.
(D) Kern Valley State Prison—Level IV General Population
and Administrative Segregation Unit Housing only.
(E) Pelican Bay State Prison—Level IV General Population,
Administrative Segregation Unit and Security Housing Unit Housing only.
(F) California State Prison, Sacramento—Level IV General
Population and Administrative Segregation Unit Housing only.
(G) Salinas Valley State Prison—Levels III and IV General
Population and Administrative Segregation Unit Housing only.
(5) Authorized Personal Property Schedule—Female Offenders
Programs (Rev. 2/1/08). This personal property schedule applies to
the following facilities:
(A) Central California Women’s Facility—Levels I, II, III and
IV General Population, Administrative Segregation Unit and
Reception Center Housing.
(B) California Institution for Women—Levels I, II and III
General Population, Administrative Segregation Unit and Reception Center Housing.
(C) Valley State Prison for Women—Levels I, II, III and IV
General Population, Reception Center, Administrative Segregation
Unit and Security Housing Unit Housing.
Facilities are subject to the Authorized Personal Property Schedule exemptions that have been granted to particular institutions and
which are identified at the beginning of each of the property lists
referenced in subsections 3190(b)(1) through 3190(b)(5) above.

95

§ 3191

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

tions shall be reissued to the inmate. If the inmate received a SHU
term, the inmate shall be required to dispose of unallowable
property due to privilege group and/or security level and/or
institution mission change in accordance with section 3191(c).

not exceed the six cubic feet maximum limitation. One musical
instrument with case not exceeding 46’’ x 24’’ x 12’’ may be
substituted as one of the three appliances.
(2) Inmates assigned to Privilege Group C may not possess
entertainment appliances and/or a musical instrument. Inmates
placed on Privilege Group C pursuant to a classification committee
action, shall be required to dispose of the entertainment appliance(s) and/or musical instrument in accordance with section
3191(c).
(3) Inmates assigned to Security Housing Unit/Psychiatric Services Unit (SHU/PSU) may possess or acquire one television or
one radio or one television/radio combination unit. Inmates assigned to Privilege Group D shall not possess a musical instrument.
(4) Inmates assigned to Privilege Group U shall not possess any
appliances or musical instruments.
(5) Inmates housed at conservation camps shall not possess a
television or television/radio combination.
(k) All appliances shall be sealed by staff by covering exterior
pieces of the appliance that may be used to access the interior of
the appliance with hotglue.
(l) Inmates who break or tamper with the seal of an appliance(s)
may be subject to disciplinary action and confiscation of the item.
(m) Inmates ordering new or replacement appliances shall be
required to purchase clear-case appliances, as they become available.
(n) Inmate correspondents shall be permitted to purchase appliances for qualifying inmates, including health care and entertainment appliances and/or musical instruments from a locallyapproved vendor, pursuant to section 3044.
(o) In addition to the six cubic feet limitation of authorized
property, inmates who participate in institution academic or
vocational educational programs shall be allowed to possess, in
their quarters/living area, state provided textbooks/materials necessary to complete their education requirements. In accordance
with section 3011, inmates who do not return state textbooks in
serviceable condition, may be charged a replacement fee, as
determined by the supervisor of correctional education programs.
(p) Inmates may acquire and possess correspondence course
materials, including textbooks, in their quarters/living area as
approved by the supervisor of correctional education programs and
designated custody staff pursuant to limitations in section 3190(b).
Correspondence courses requiring tools, construction kits, or other
materials that may pose a threat to the institution’s security or the
safety of persons shall not be allowed.
(q) The amount charged an inmate for a special purchase or
personal property package shall include normal taxes and a 10%
service charge based upon the purchase price. Service charges
shall be deposited in the inmate welfare fund. Exception: The 10%
service charge shall not be added to purchases of health care
appliances, correspondence courses, nonfiction books, religious
items, and legal materials.
(r) Inmates shall not possess any membership cards, identification cards, or service-type cards other than those issued by the
department.
(s) All allowable inmate property shall be inventoried, documented, and stored for inmates transferred Out-to-Medical or
Out-to-Court, or placed in segregated housing, a Correctional
Treatment Center, or an Outpatient Housing Unit, until the inmate
returns.
(t) Privilege Group A or B inmates placed in administrative
segregation (AD SEG) shall have their property inventoried and
stored pending the outcome of Initial Classification Committee
review. If the inmate is released to general population and
maintains their Privilege Group A or B assignment, all allowable
property shall be returned. If the inmate is retained in AD SEG, all
allowable property as determined by current departmental regula-

NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code.
Reference: Sections 2086, 2601, 5006 and 5054, Penal Code; In re
Alcala, Marin County Superior Court, No. 117925, December 20,
1984 and Armstrong v. Davis Court Ordered Remedial Plan, Amended
January 3, 2001; In re Armstrong, N.D. Cal, No. C 94-02307, March
20, 1998.
HISTORY:
1. Amendment filed 3-6-85 as an emergency; effective upon filing
(Register 85, No. 12). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 7-3-85. For prior history, see Register 84, No. 47.
2. Order of Repeal of 3-6-85 emergency order filed 8-1-85 by OAL
pursuant to Government Code Section 11349.6(b) (Register 85, No.
31).
3. Amendment filed 8-2-85 as an emergency; effective upon filing
(Register 85, No. 31). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be
repealed on 12-2-85.
4. Certificate of Compliance transmitted to OAL 12-2-85 and filed
12-23-85 (Register 85, No. 52).
5. Amendment of subsections (a) and (c), new subsection (d), relocation and amendment of former section 3092(a) to section 3190(e),
new subsections (e)(1)–(7), relocation and amendment of former
section 3092(b) to section 3190(f) and amendment of Note filed
12-30-2003 as an emergency; operative 1-1-2004 (Register 2004,
No. 1). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of
Compliance must be transmitted to OAL by 6-9-2004 or emergency
language will be repealed by operation of law on the following day.
6. Withdrawal and repeal of 12-30-2003 amendments filed 5-27-2004
as an emergency; operative 5-27-2004 (Register 2004, No. 22).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance
must be transmitted to OAL by 9-24-2004 or emergency language
will be repealed by operation of law on the following day.
7. Amendment of section and Note, including relocation and amendment of former subsection 3092(a) to section 3190(h), relocation
and amendment of former section 3044(g)(4)(G) to section
3190(i)(3) and relocation and amendment of former section 3092(b)
to section 3190(p), filed 5-27-2004 as an emergency; operative
5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by
11-3-2004 or emergency language will be repealed by operation of
law on the following day.
8. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
9. Amendment of section and Note filed 8-13-2007 as an emergency;
operative 8-13-2007 (Register 2007, No. 33). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 1-22-2008 or emergency language will be
repealed by operation of law on the following day.
10. Amendment of section and Note refiled 1-23-2008 as an emergency; operative 1-23-2008 (Register 2008, No. 4). A Certificate
of Compliance must be transmitted to OAL by 4-22-2008 or
emergency language will be repealed by operation of law on the
following day.
11. Certificate of Compliance as to 1-23-2008 order, including further
amendment of section and Note, transmitted to OAL 4-22-2008
and filed 6-4-2008 (Register 2008, No. 23).
12. Amendment filed 5-12-2009; operative 5-12-2009 (Register 2009,
No. 20).

3191. Property Registration and Disposition.
(a) Registerable personal property must be registered under the
inmate’s name and number in the institution’s inmate property
records.
(b) Inmates are required upon request by institution staff to
properly account for all registerable personal property registered in

96

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

their name and number. An inmate’s failure to possess or properly
account for personal property registered in the inmate’s name and
number, or possession of property which is not registered in the
inmate’s name and number will be cause for disciplinary action,
including confiscation of the unregistered property. In all instances
of confiscation, every reasonable effort will be made to determine
the rightful owner of the property. The property will be returned to
its rightful owner unless, as the result of disciplinary action for
misuse of property, the inmate’s approval to possess the property
is rescinded.
(c) Inmate personal property not meeting the criteria in section
3190, shall be disposed of in accordance with this section. An
inmate shall select one of the methods listed in sections 3191(c)(1)
through 3191(c)(5) below for disposing of non-allowable personal
property which is unauthorized pursuant to subsection (b) and
section 3190. If the inmate makes no selection or has insufficient
funds, staff shall document that fact and determine the method of
disposition. Property that is considered contraband pursuant to
section 3006(a) or (c) shall be retained by staff as may be required
by ongoing investigation or court order. Following the completion
of all disciplinary, investigative, or court requirements, the contraband property shall be disposed of according to institutional/
facility procedures.
(1) Mail the item to an address of an individual willing to accept
the personal property, provided by the inmate, via USPS or
common carrier at the inmate’s expense. This option is not
available for inmates with insufficient trust account funds.
(2) Return the item to the sender via USPS or common carrier
at the inmate’s expense. This option is not available for inmates
with insufficient trust account funds.
(3) Donate the item to a charitable organization as designated
by the institution/facility.
(4) Donate the item to the institution/facility.
(5) Render the item useless and dispose of it according to
institution/facility procedures.
(d) Inmates shall not send personal property to any state agency
or agent of the state. Failure to comply may result in disciplinary
action, and confiscation and/or disposal of the property.

§ 3193

3192. Possession and Exchange.
An inmate’s right to inherit, own, sell or convey real and/or
personal property does not include the right to possess such
property within the institutions/facilities of the department. An
inmate may not exchange, borrow, loan, give away or convey
personal property to or from other inmates. Violation(s) of this rule
may result in disciplinary action, and confiscation and/or disposal
of the personal property.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code.
HISTORY:
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment of section and new Note filed 5-27-2004 as an
emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant
to Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 11-3-2004 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

3193. Liability.
(a) In permitting inmates to possess items of personal property
while they are incarcerated, the department does not accept
liability for the theft, loss, damage or destruction of such property
resulting from the intentional or careless act or activities of any
inmate. The department does not accept liability for the loss or
destruction of personal property in the inmate’s possession or
control at the time of any willful act by the inmate, such as escape,
which exposes such property to loss or theft before it can be
recovered and controlled by staff.
(b) The department shall accept liability for the loss or destruction of inmate personal property when it is established that such
loss or destruction results from employee action. Inmates shall
utilize the inmate appeal process if unable to resolve a personal
property claim pursuant to section 3084.1. Upon acceptance of
liability, the department shall provide similar items of equal or
greater value to the inmate when such items are available via
donated property items consistent with sections 3084.7(e) and
3191(c). If donated items are not available, monetary compensation to the inmate for such loss shall not exceed either the dollar
value assigned to the item or items at the time the inmate received
authorization to possess the property; the cost of the item, verified
by receipt; or the replacement value for the item or a similar item,
as determined by the department. Staff recommendations to the
Victim Compensation and Government Claims Board regarding
monetary reimbursement will be made accordingly.
(c) The department shall not assume responsibility for property
abandoned by an escapee until such time as the escape is
discovered and the property is inventoried. Inventoried property
shall be stored and final disposition of the property shall be
pursuant to Penal Code 5062 and 5063.

NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code.
Reference: Sections 2601 and 5054, Penal Code.
HISTORY:
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
3. New subsection (c) and Note filed 6-26-92; operative 7-27-92
(Register 92, No. 26).
4. Amendment of section and Note filed 5-27-2004 as an emergency;
operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
6. Amendment of subsection (c) and amendment of Note filed
8-13-2007 as an emergency; operative 8-13-2007 (Register 2007,
No. 33). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 1-22-2008 or emergency language will be repealed by operation of law on the
following day.
7. Amendment of subsection (c) and amendment of Note refiled
1-23-2008 as an emergency; operative 1-23-2008 (Register 2008,
No. 4). A Certificate of Compliance must be transmitted to OAL by
4-22-2008 or emergency language will be repealed by operation of
law on the following day.
8. Certificate of Compliance as to 1-23-2008 order, including further
amendment of subsection (c), transmitted to OAL 4-22-2008 and
filed 6-4-2008 (Register 2008, No. 23).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2085, 2600, 2601, 5062 and 5063, Penal Code.
HISTORY:
1. New section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
4. Repealer and new section filed 10-7-82; effective thirtieth day
thereafter (Register 82, No. 41).
5. Amendment of section and Note filed 5-27-2004 as an emergency;
operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be
repealed by operation of law on the following day.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

Certificate of Compliance must be transmitted to OAL by 11-32004 or emergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

6. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

3194. Extradition Inmate Property.
(a) Inmates or parolees requiring extradition transport from any
state or territory of the United States are personally responsible for
the disposition of their personal property. Inmates shall arrange
with the holding agency for the disposal or storage or mailing of
personal property prior to being transported by California state
agents. State agents shall not be responsible for personal property
remaining at the sending agency/institution. At no time shall
inmate personal property be checked onto airplanes or transported
in the aircraft’s baggage compartment. The only exception shall be
wheelchairs or other health care appliances.
(b) Inmates extradited to the custody of the department shall not
retain any property on their person except prescribed eyeglasses or
health care appliances. Only authorized property that can fit into a
10’’ x 12’’ clasp envelope, including, but not limited to prescription
medication, jewelry, wallet, watch, family pictures, or printed
material, shall be allowed to be transported. Inmate property shall
be inventoried, recorded, and secured in the agent’s carry-on
baggage or secured compartment in a transportation vehicle.
Inmates may wear his/her own clothing and shoes if deemed
appropriate for transport purposes by the assigned state agents.
(c) Inmates extradited or transferred from the department to
other jurisdictions, states or territories of the United States may be
allowed to retain all or a portion of their property as determined by
the transporting extradition agent. In cases where the transportation of personal property is not permitted, inmates shall dispose of
the property pursuant to subsection 3191(c)(3) through (5) or be
provided the opportunity to select from the following options for
the disposition of property:
(1) Inmates permanently transferring to the custody of another
agency shall be provided the opportunity to send all property to an
address of their choosing via USPS or common carrier at the
inmate’s expense.
(2) Indigent inmates permanently transferring to the custody of
another agency may send their personal property to an individual
willing to accept the personal property at the expense of the
department.
(3) Inmates temporarily transferring out-to-court or other temporary transfers out-of-state shall have property stored at the
institution/facility pending their return to custody, parole or
discharge. Disposition of unclaimed property shall be in accordance with PC 5062, 5063 and 5064.

Article 10.

Inmate Privileges

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New Article 10 (section 3195) filed 8-22-79; effective thirtieth day
thereafter (Register 79, No. 34).
2. Amendment of subsections (d)–(f) filed 10-7-82; effective thirtieth
day thereafter (Register 82, No. 41).
3. Repealer of Article 10 (section 3195) filed 2-16-83; effective
thirtieth day thereafter (Register 83, No. 8).

SUBCHAPTER 3.
3200.

INMATE ACTIVITIES

General Policy.

HISTORY:
1. Repealer filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

Article 1.

Religious Program

3210. Establishment of Religious Programs.
(a) Institution heads shall make every reasonable effort to
provide for the religious and spiritual welfare of all interested
inmates, including, but not limited to, affording inmates a reasonable accommodation to attend a scheduled Religious Service if
they are unable to do so due to conflicting work/education
assignments. Reasonable accommodation may include, but is not
limited to, modified work schedule, use of accrued time or
allowable breaks, granting of a job/assignment change, changes of
regular days off, etc. Use of reasonable accommodation shall in no
way adversely impact an inmate’s credit earning status.
(b) Depending upon the number of inmates of the various faiths,
chaplains may be employed or their services may be accepted on
a nonpaid volunteer basis. When feasible, separate space for
services of the faith groups represented by a substantial number of
inmates shall be provided. However, in some facilities, such as
camps, it shall be necessary for the various faith groups to share
such space as is available for religious services.
(c) Reasonable time and accommodation shall be allowed for
religious services in keeping with facility security and other
necessary institutional operations and activities. Insofar as possible, other facility activities shall be planned so as not to conflict
with or disrupt scheduled religious services.
(d) A request for a religious service accommodation that requires a specific time, location and/or item(s) not otherwise
authorized, will be referred to a Religious Review Committee
(RRC) for review and consideration. The RRC shall be comprised
of designated chaplains, and a correctional captain or their
designee. Accommodation for religious services that are not
granted, shall be for reason(s) which would impact facility/unit
safety and security, and orderly day to day operations of the
institution.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054, 5062, 5063 and 5064, Penal Code.
HISTORY:
1. New section filed 5-27-2004 as an emergency; operative 5-27-2004
(Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 11-32004 or emergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to
OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).

3195. Release Clothing.
Inmates scheduled for parole or awaiting discharge may receive
a release clothing package via U.S. Postal Service or common
carrier no earlier than 30 days prior to their scheduled parole or
discharge date. Inmate release clothing packages, limited to one set
of clothing, shall be retained in a secure location by the department
until their release.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Religious Land Use and
Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C.ss 2000cc,
et seq.
HISTORY:
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Editorial correction of NOTE filed 8-16-82 (Register 82, No. 34).
3. Amendment of article heading, section heading, text, and Note filed
11-1-93; operative 12-1-93 (Register 93, No. 45).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 5-27-2004 as an emergency; operative 5-27-2004
(Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

Article 1.5.

4. Amendment of section and Note filed 1-17-2006 as an emergency;
operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code
section 5058.3, a Certificate of Compliance must be transmitted to
OAL by 6-26-2006 or emergency language will be repealed by
operation of law on the following day.
5. Certificate of Compliance as to 1-17-2006 order transmitted to
OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).

Inmate Marriages

3216. Marriages.
(a) Inmate marriages shall be permitted in accordance with the
provisions of law and these regulations.
(b) The inmate’s marriage request shall be processed by the
inmate’s caseworker or other staff person designated by the
institution head who shall provide all necessary information to the
office of the county clerk or clergyperson.
(c) Inmate marriages shall be solemnized at the institution/
facility by an individual authorized to solemnize marriages, as
designated in Family Code Sections 400 and 402.
(d) For the purpose of this section, a chaplain shall mean those
persons defined in section 3000. Institution/facility chaplains may
solemnize inmate marriages. Institution/facility chaplains, if designated, shall be required to process the request or facilitate a
marriage. Institution/facility chaplains shall establish religious
criteria to be met by the inmates and this criteria shall be provided
by the chaplains to their supervisors.
(e) Attendance at a marriage ceremony shall be limited to the
bride, groom, two inmate guests, the official solemnizing the
ceremony, and ten non-inmate guests. Inmate guests may attend
only if their Inmate Work Incentive Program schedules are not
interrupted.

3211. Inmate Ministers.
(a) When a chaplain of a particular faith cannot be obtained to
conduct services within a facility housing inmates of that faith, the
institution head may at their discretion and subject to such controls
reasonably required for facility security, designate a qualified
inmate to minister to the religious needs of inmates for that
specific faith. In determining the qualifications of an inmate to
conduct such services, the institution head will, whenever possible,
seek the advice and counsel of outside religious leaders of that
faith.
(b) An inmate shall not be assigned as a minister on a full-time
basis in lieu of a regular inmate work/training incentive program
assignment, be considered as a state employee, or be paid by the
state for their services.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5009 and 5054, Penal Code.
HISTORY:
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Editorial correction of Note filed 8-16-82 (Register 82, No. 34).
3. Amendment of section heading, text, and Note filed 11-1-93;
operative 12-1-93 (Register 93, No. 45).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2601(f) and 5054, Penal Code; and Sections 300, 350–359, 400–402,
and 500, Family Code.
HISTORY:
1. New article 1.5 (section 3216) and section filed 1-11-99; operative
2-10-99 (Register 99, No. 3).

3212. Scheduled Services.
Information received by chaplains when performing their duties
shall be privileged except when the nondisclosure of such information to facility staff would jeopardize the safety of any person
or the security of the facility.

Article 2. Recreational and Physical
Education Programs
3220.

Recreational and Physical Education Program
Participation.
(a) Interested inmates shall be provided an equal opportunity to
participate in constructive recreational and physical education
programs under safe and secure conditions, consistent with the
inmate’s custodial classification, work/training assignment, privilege group and security requirements.
(b) The recreation program may operate seven days a week with
specific program, gymnasium and/or yard schedules established by
the institution head. Notices of tournaments and special events
shall be posted in locations accessible to all inmates.
(c) Employees shall not participate in inmate contests, except as
a coach, instructor or official, unless authorized to do so by the
institution head.
(d) Prizes and trophies may be purchased using inmate welfare
funds and awarded to inmates participating in activities and
contests. An award, prize, trophy or certificate of participation in
a recreation or physical education event shall be delivered to the
participant inmate as soon as possible following approval by the
coordinator of the activity or event involved.
(e) Competition between outside public teams and inmate teams
may be permitted only within the facility and under the direct
supervision of staff.
(f) Inmates may voluntarily participate only in those contests,
games, and/or athletic activities, which have been specifically
authorized by the institution head or the institution head’s designee.
(g) Inmate weight lifting programs and equipment shall not be
permitted at departmental institution/facilities. Exceptions shall be
permitted as specifically authorized by the director, in compliance
with Penal Code Section 5010.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Sections 912, 917 and
1030–1034, Evidence Code.
HISTORY:
1. Amendment of section heading and text, and addition of Note filed
11-1-93; operative 12-1-93 (Register 93, No. 45).

3213.

Stipulations Regarding Religious Artifacts,
Sanctuaries, and Sacramental Wine.
(a) Prior written approval of the institution head or their
designee shall be required for the following:
(1) For any person to bring sacramental wine or any religious
artifact into a facility.
(2) For an inmate to be provided any religious artifact.
(3) For an inmate to wear or carry an approved religious artifact
at any time other than during their regular religious or sweat
events, or facility-approved special events.
(b) Medicine bags shall be constructed of soft leather or other
natural material without a lining and shall not exceed 1-1/2 inches
in diameter. The bag shall, in the presence of staff, either be closed
with a drawstring or sewn shut in such a manner as to permit
subsequent searches of the bag’s contents by staff.
(c) All religious artifacts shall be subject to searches by staff.
(d) Sanctuaries, sweat lodges, and other areas designated for
religious or spiritual use shall be subject to searches by staff.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5009 and 5054, Penal Code. Section 1996, Title 42, United States
Code.
HISTORY:
1. Amendment of section heading, repealer of text, and new subsections (a)–(d) and Note filed 11-1-93; operative 12-1-93 (Register
93, No. 45).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
5010 and 5054, Penal Code.

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TITLE 15

tions. These opportunities shall be compatible with camp operations, staffing and the geographic location of the camp.

HISTORY:
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
3. Amendment of subsection (b), renumbering and amendment of
former section 3220.3 to new subsection 3220(f) and amendment of
Note filed 6-30-95 as an emergency; operative 7-1-95 (Register 95,
No. 26). A Certificate of Compliance must be transmitted to OAL
by 12-7-95 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 6-30-95 order transmitted to OAL
11-22-95 and filed 1-8-96 (Register 96, No. 2).
5. New subsection (g) filed 1-2-98 as an emergency; operative 1-2-98
(Register 98, No. 1). Pursuant to Penal Code section 5058(e), a
Certificate of Compliance must be transmitted to OAL by 6-11-98
or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 1-2-98 order transmitted to OAL
6-9-98 and filed 7-21-98 (Register 98, No. 30).
7. Amendment of article heading, section heading and subsections (a)
and (d) filed 7-24-2002; operative 8-23-2002 (Register 2002,
No. 30).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 7-24-2002; operative 8-23-2002 (Register 2002,
No. 30). For prior history, see Register 96, No. 2.

3220.4. Movies/Videos for Inmate Viewing.
(a) Only movies/videos approved by the institution head or
his/her designee (reviewer) may be scheduled for viewing by
inmates.
(b) Only those movies/videos which have been given a rating of
‘‘G,’’ ‘‘PG,’’ or ‘‘PG-13’’ by the Motion Picture Association of
America (MPAA) or that have been placed on the department’s
discretionary showing list may be considered for viewing. Movies/
videos which have been given a rating of other than ‘‘G,’’ ‘‘PG,’’
or ‘‘PG-13’’ by the Motion Picture Association of America shall
not be approved for general inmate viewing. Regardless of their
rating or listing, movies/videos, which, in the opinion of the
reviewer, glorify violence or sex, or are inflammatory to the
climate of the facility shall not be shown.
(c) The selection or exclusion of a movie/video by a facility
may be challenged by members of the public by writing to the
director, appealed by inmates by following the appeal process as
stated in section 3084.1 et seq., and grieved by staff by pursuing
grievance procedures in accordance with their collective bargaining unit’s contract and/or memorandum of understanding.
(d) At the discretion of the director, a movie/video review shall
be done by the movie review committee, composed of staff named
by the director. Movies may be submitted for consideration as
follows:
(1) Movies/videos, which have not been rated, may be submitted to the director for the committee’s consideration for general
inmate viewing.
(2) Movies/videos which have an MPAA rating of other than
‘‘G,’’ ‘‘PG,’’ or ‘‘PG-13,’’ or have not been rated by the MPAA,
may be submitted to the director by the facility reviewer or a
contract vendor for the committee’s consideration for specified
limited inmate viewing purposes (e.g., education or contracted
service vendor programs).
(3) Movies which are challenged by the public, appealed by
inmates, and grieved by staff pursuant to subsection (c) of this
section shall be reviewed by the committee at the director’s
discretion.
(e) The committee may determine a movie/video to be unacceptable for inmate viewing, acceptable for general inmate viewing, or acceptable for specified limited inmate viewing purposes.
(f) The committee will place movies/videos on a statewide
‘‘discretionary showing list’’ under the category of ‘‘approved for
all purposes,’’ or under the category of ‘‘approved for specified
limited inmate viewing purposes’’ (specifying the limited or
special purpose for which the movie is being approved), or under
the category of ‘‘unacceptable for inmate viewing.’’ A movie/
video’s placement on the list as approved will not require that it be
shown by a facility.

3220.1. Recreation and Physical Education Program Safety.
(a) Grudge fights, games, contests or other recreation or physical education activities, which involve unusual danger or potential
for injury, are prohibited.
(b) Inmates shall not be allowed to participate in the boxing
program without written medical clearance.
(c) Martial arts may be practiced only with specific approval
from the institution head and under the direct supervision of staff.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Renumbering and amendment of former section 3221 to section
3220.1 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Designation of subsections (a)–(c), new subsections (d)–(e) and
amendment of Note filed 6-30-95 as an emergency; operative
7-1-95 (Register 95, No. 26). A Certificate of Compliance must be
transmitted to OAL by 12-7-95 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-30-95 order transmitted to OAL
11-22-95 and filed 1-8-96 (Register 96, No. 2).
4. Repealer of subsections (d) and (e) and amendment of Note filed
1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency
language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-2-98 order transmitted to OAL
6-9-98 and filed 7-21-98 (Register 98, No. 30).
6. Amendment of section heading and subsection (a) filed 7-24-2002;
operative 8-23-2002 (Register 2002, No. 30).

3220.2. Academic Standards.
All academic recreation, physical education and physical fitness
training programs provided at departmental institutions/facilities
shall be based upon curriculum frameworks adopted by the Board
of Education. Lesson plans, competency testing, standards, course
outlines, teacher/inmate enrollment ratios, instructional specialization and all related academic and educational requirements shall be
in accordance with the appropriate curriculum framework.

NOTE: Authority cited: Sections 5058 and 10006(b), Penal Code.
Reference: Sections 2601(c), 5054, and 10006(b), Penal Code.
HISTORY:
1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Amendment of newly designated subsections (a) and (b), new
subsections (c)–(d)(4) and amendment of Note filed 6-28-96 as an
emergency; operative 6-28-96 (Register 96, No. 26). A Certificate
of Compliance must be transmitted to OAL by 1-6-97 or emergency
language will be repealed by operation of law on the following day.
3. Amendment of newly designated subsections (a) and (b), new
subsections (c)–(d)(4) and amendment of Note refiled 12-19-96 as
an emergency; operative 12-19-96 (Register 96, No. 51). Pursuant

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
60200–60206, Education Code; section 5054, Penal Code.
HISTORY:
1. New section filed 7-24-2002; operative 8-23-2002 (Register 2002,
No. 30). For prior history see Register 98, No. 30.

3220.3. Conservation Camp Programs.
Conservation camps shall provide recreation and physical education program opportunities for their respective inmate popula-

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(2) A disciplinary infraction shall not necessarily bar an inmate
from serving as a council representative unless the infraction is
determined by the warden to be detrimental to the council’s
effectiveness.
(3) A representative’s misbehavior while conducting council
business or acting under the guise of conducting council business
shall be cause for disciplinary or other action.
(4) The membership of representatives or the activities of the
entire council may be suspended when the warden determines that
the representative or council presents a threat to facility security or
the safety of persons, or that the representative’s or council’s
actions are counterproductive to the best interest and welfare of the
general inmate population. If a council’s activities are suspended,
the warden shall notify the general inmate population of that action
and the reasons therefor.
(c) Only inmates shall nominate and elect inmate advisory
council representatives.
(1) Each inmate shall have an equal vote in the election of their
council representatives.
(2) When an election is by written ballot, the election shall be
conducted under the direct supervision of staff who shall distribute
and collect the ballots and tabulate the results.
(3) All written ballots shall be retained for 30 days after the
close of the election.
(4) If it is determined that any coercion, duress, threats of
reprisal or other irregularities were present in an election, the
warden may declare the election invalid and require a new ballot.
(5) Only council representatives shall elect a temporary representative to fill a vacancy for up to a maximum of 30 days.
(d) Inmate advisory council representatives shall not, as a
council representative, become involved with inmate appeals
unless the matter affects the general inmate population and such
involvement is authorized by the warden.
(1) No appeal concerning an employee shall be discussed by
representatives with any employee below the level of correctional
lieutenant.
(2) Representatives shall not attempt to influence the decisions
of staff by threatening to seek review by a higher authority.
(3) Representatives shall not negotiate with nonsupervisory
staff who do not have the authority to act on the specific matter.
(4) Representatives shall not attempt to directly enforce staff’s
compliance with any higher-level decisions.
(e) Each inmate advisory council shall maintain a permanent
record of formal meetings, whether staff were present or not.
(1) The minutes of meetings shall contain the date and time of
the meeting, names and titles of those present and absent, subjects
discussed, decisions made and actions taken.
(2) Before being distributed, minutes of meetings and any other
council material shall require the approval of the warden or
designee.
(f) Inmate advisory council representatives may, through designated staff and with the approval of the wardens of both
facilities, correspond and exchange copies of meeting agenda and
minutes with councils at other department facilities. The warden
denying such exchanges shall provide the originating council
chairperson with written reasons for the denial.
(g) The inmate advisory council shall be provided, when
available, adequate facilities, equipment and supplies to carry out
its approved activities and functions.
(1) Each council shall be provided with the following:
(A) Office space and furniture.
(B) Access to a typewriter and duplicating equipment.
(C) Office supplies and stationery.
(D) Bulletin boards in locations frequented by the represented
inmate population.

to Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 5-28-97 or emergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-19-96 order, including further
amendment of section, transmitted to OAL 4-14-97 and filed
5-23-97 (Register 97, No. 21).

3220.5. State-Owned Television Sets.
(a) State-owned television sets provided for inmate viewing
shall be moved only by designated staff.
(b) Except to change the channel to a scheduled program,
television channel changes and receiver adjustments shall be made
only by staff.
(c) The viewing schedule for each state-owned television set
shall be determined under the supervision of staff by a vote of the
inmates using the set. Program viewing schedules shall be displayed next to the television set and shall be removed or changed
only by staff.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

3221.

Safety.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Renumbering and amendment of former section 3221 to section
3220.1 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

3222.

Physical Fitness.

HISTORY:
1. Renumbering and amendment of former section 3222 to section
3220.2 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

3223.

Unauthorized Activity.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Renumbering and amendment of former section 3223 to section
3220.3 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

Article 3.

§ 3230

Inmate Councils, Committees, and
Activity Groups

3230. Establishment of Inmate Advisory Councils.
(a) Each warden shall establish an inmate advisory council,
which is representative of that facility’s inmate ethnic groups. At
the discretion of the warden, subcommittees of the council may
also be established to represent subfacilities or specialized segments of the inmate population.
(1) Council members shall serve to advise and communicate
with the warden and other staff those matters of common interest
and concern to the inmate general population.
(2) The council shall operate only under the constitution and
by-laws as prepared by the council’s inmate representatives, with
the advice and guidance of designated staff and approved by the
warden.
(3) Local exceptions to this regulation may be permitted with
the approval of the director.
(b) An inmate’s eligibility for nomination, election and retention as an inmate advisory council representative shall be limited
only by the inmate’s ability to effectively function in that capacity
as determined by the warden.
(1) Upon the inmate’s request, that inmate shall be provided, in
writing, the reasons for the determination of ineligibility.

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(E) Copies of Notices of Change to Director’s Rules, Administrative Bulletins, and other nonconfidential directives and announcements which concern the general inmate population.
(2) A means for distributing approved council materials to the
general inmate population shall be established. Wardens may
permit such means to include the use of facility publications and
radio systems.
(3) The council shall obtain staff’s authorization before using
any resources, which were not specifically provided for the
council.
(h) A staff person at the level of a program administrator or
higher shall be designated as the inmate advisory council coordinator.
(1) Facility Captains shall be directly involved in council
activities within their respective programs and may delegate
specific aspects of supervision, direction and responsibilities for
council activities within their unit to subordinate unit supervisors.
(2) Other staff may, as deemed necessary by the warden, be
involved with the council in resolving issues.
(3) The routine supervision and direction of council activities
may be delegated to staff at the level of a correctional lieutenant or
higher.
(4) Correctional lieutenants and sergeants in charge of inmate
living areas on each watch shall work directly with council
representatives on issues and concerns resolvable at their level of
authority.
(i) The warden or their designate shall meet with the inmate
advisory council representatives at least once each calendar month.
Apart from the warden’s meeting, coordinators shall also meet
with council representatives at least once each calendar month.
(1) Proposed agenda items with a summary of the council’s
efforts to resolve the items at a lower level shall be submitted by
the council to the warden and, when required by the coordinator, to
the coordinator one week prior to their scheduled meeting.
(2) Emergency issues may be brought to the attention of the
warden or coordinator without a prearranged agenda.
(3) The warden and staff delegated the authority to act on
formal agenda items shall provide the council with a timely written
response which shall indicate what action (including any referral
and no action) was taken, the reasons for the action and, when
applicable, the manner and approximate time of implementing the
action.

TITLE 15

3232. Inmate Participation in Committees.
Inmate participation as a council representative or special
committee member shall be voluntary. Each inmate who volunteers for such an assignment shall comply with all department and
facility requirements governing such participation.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

3233. Inmate Leisure Time Activity Groups.
Institution heads may permit the formation of inmate leisure
time activity groups, which promote educational, social, cultural
and recreational interests of participating inmates. Group activities, which violate or advocate violating the law, regulations, or
local procedures are prohibited.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

3234.

Establishment of Inmate Leisure Time Activity
Groups.
(a) Each institution head shall provide for the formation of
inmate leisure time activity groups within the facility. No activity
group shall be formed or operated without the written approval of
the institution head or their designee.
(b) Inmates proposing to form an activity group shall submit a
proposed plan of operation for the institution head’s or designee’s
approval. The proposed plan of operation shall include the following:
(1) The proposed name of the group, which shall reflect the
general nature and interest of the group.
(2) The purpose of the group with an explanation of the
expected benefits to the inmate participants and to the facility,
justifying the use of state resources to accommodate the group.
(3) Membership criteria. Membership to an activity group shall
not be denied on the basis of an inmate’s race, creed, color, age,
national origin, ancestry, gender, marital status, disability, religious
or political affiliation, sexual orientation, or on the inmate’s
inability or refusal to pay membership fees, dues or donations to
the group.
(4) Frequency and type of meetings.
(5) Limitations on number of members.
(6) Outside affiliations.
(7) Structure of the group’s governing body.
(8) Provision for annual update of bylaws for the institution
head’s or designee’s approval.
(9) An agreement signed by an employee volunteer willing to
serve as the group’s sponsor. Only a permanent full-time employee
shall serve as a group sponsor. Cosponsors may be required if the
group cannot be controlled by a single volunteer.
(c) When the institution head or designee approves a group’s
proposed plan of operation, the plan shall constitute the group’s
bylaws and shall be so titled prior to distribution.
(1) Any change in bylaws shall require the institution head’s or
designee’s written approval prior to implementation.
(2) Continuing operation of a group is contingent upon the
institution head’s or designee’s annual review and reapproval of
the bylaws.
(d) No activity group shall meet unless the group’s sponsor or
cosponsor is present for such meeting.
(e) Each approved group may be allowed one banquet per year
subject to security considerations, availability of facilities and
resources, and the group’s ability to pay any additional costs
incurred by the state.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Change without regulatory effect amending subsection (h)(1) filed
8-6-2001 pursuant to section 100, title 1, California Code of
Regulations (Register 2001, No. 32).

3231. Special Inmate Committees.
An institution head may appoint committees of inmates or
parolees representative of the inmate or parolee population to
perform special services or act as a representative group for special
purposes and under the conditions specified in the appointment
document. Such committees, unless composed exclusively of
inmate advisory council representatives, shall not be affiliated with
a facility’s inmate advisory council.
NOTE: Authority cited: Sections 5058 and 6252, Penal Code. Reference: section 5054, Penal Code.
HISTORY:
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Editorial correction of Note filed 8-16-82 (Register 82, No. 34).
3. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).

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(f) The institution head shall dispose of any undisbursed funds
and property of a disbanded activity group and in determining the
method of disposal shall consider all written requests by former
group members and other interested persons.
(1) Funds shall be disbursed by either of the following methods:
(A) Deposited into the inmate welfare fund account.
(B) Donated to a recognized charitable organization.
(2) Property shall be disposed of by any one or more of the
following methods:
(A) Placed on the inmate welfare fund property inventory.
(B) Donated to another inmate activity group.
(C) Sold to another inmate activity group. Proceeds of such
sales shall be deposited into the inmate welfare fund account.
(D) Donated to a recognized nonprofit organization.
(E) Used for facility needs.
(g) The bylaws for any approved group shall be accessible to all
inmates in the facility. A copy shall be given to any requesting
member of the public.

§ 3240.1

HISTORY:
1. Renumbering of former section 3236 to section 3237 and renumbering and amendment of former section 3237 to section 3236 filed
10-13-94; operative 11-14-94 (Register 94, No. 41). For prior
history, see Register 81, No. 3.

3237. Inmate Membership in Outside Organizations.
(a) Inmates may obtain and retain membership in outside
organizations and associations provided such membership does not
threaten facility security or the safety of staff, inmates, or the
public; and creates no financial burden on the state.
(b) An inmate’s membership in an outside organization shall
not entitle any member to conduct the organization’s activities
within a facility, or to represent inmate members in department or
facility matters, except as specifically approved by the institution
head or the director.
(c) Unless such an act would jeopardize facility security or
safety of persons, inmate members of outside organizations shall
be permitted to possess membership cards and to wear membership buttons and lapel pins of such organizations. The official
denying such items shall provide the affected inmates with written
notice of the reasons for the denial.

NOTE: Authority cited: Sections 5058 and 6252, Penal Code. Reference: section 5054, Penal Code.
HISTORY:
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. Editorial correction of Note filed 8-16-82 (Register 82, No. 34).
4. Repealer and new section heading, designation and amendment of
subsection (a), new subsections (b)–(f)(2)(E), and redesignation
and amendment of former subsection 3235(a) to new subsection (g)
filed 10-13-94; operative 11-14-94 (Register 94, No. 41).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Renumbering of former section 3237 to section 3236 and renumbering and amendment of former section 3236 to section 3237 filed
10-13-94; operative 11-14-94 (Register 94, No. 41). For prior
history, see Register 82, No. 29.

Article 4.

3235.

Termination of an Inmate Leisure Time Activity
Group.
(a) The activities of a group may be temporarily suspended or
terminated by the official in charge of the facility, if either of the
following conditions exist:
(1) The group’s activities threaten facility security or the safety
of staff, inmates or the public.
(2) The group is violating these regulations, local procedures or
its approved bylaws.
(b) After review and evaluation of the reason for such action,
the institution head shall either allow the group to continue or
order termination of the group.

Inmate Fund Raising Campaigns and
the Inmate Welfare Fund

3240. Inmate Fund-Raising Campaigns.
(a) Institution heads may authorize for each approved inmate
activity group up to three campaigns annually for one or more of
the following:
(1) Generally recognized nonprofit charitable causes.
(2) General fund-raisers.
(b) Each approved inmate group may raise funds by soliciting
inmate donations or selling approved products, commodities, or
services to general population inmates.
(1) Only inmates shall be solicited for contributions unless the
institution head approves solicitation of staff.
(2) Fund-raising activities shall be conducted only during inmate and staff sponsor off-duty time.
(c) No form of coercion shall be used on any inmate or parolee
to participate in a campaign or fund-raiser, or to make a nonvoluntary donation.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. Editorial correction of Note filed 8-16-82 (Register 82, No. 34).
4. Editorial correction of printing error in subsection (d)(1) (Register
92, No. 5).
5. Amendment for section heading, redesignation of former subsection (a) to subsection 3234(g), repealer of subsections (b)–(d)(3),
redesignation and amendment of subsections, and amendment of
Note filed 10-13-94; operative 11-14-94 (Register 94, No. 41).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Amendment of article heading, section heading and text filed
10-13-94; operative 11-14-94 (Register 94, No. 41).

3240.1. Donations.
Inmates may with permission of the institution head make
voluntary donations from their trust account funds for any approved reason or cause. Permission shall be denied if any of the
following exist:
(a) There is evidence of coercion.
(b) The inmate’s trust account balance is less than the amount
of the proposed donation.
(c) The inmate is mentally incompetent.
(d) The proposed amount of the donation is less than one dollar.
(e) The reason or cause advocated could jeopardize facility
security or the safety of persons.

3236. Attendance at Group Activities.
Attendance at a group’s activities by inmates who are not
members, by members who are not inmates, or by guests or
spectators may be permitted if requested by the group’s employee
sponsor and approved by the institution head or designee. The
number of such persons permitted to attend may be restricted for
security reasons or if facility resources cannot accommodate the
additional attendance.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

2. Amendment of subsections (a), (a)(2), (a)(4) and (b) filed 6-6-96;
operative 6-6-96 pursuant to Government Code section 11343.4(d)
(Register 96, No. 23).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Renumbering and amendment of former section 3241 to section
3240.1 filed 10-13-94; operative 11-14-94 (Register 94, No. 41).

3250.2.

Inmate Publication Disclaimer and Editing
Authority.
(a) Inmate publications shall include a disclaimer that the
opinions expressed therein are the author’s and do not necessarily
represent the position of the facility or department.
(b) The institution head shall designate an administrative editor
and a supervising editor who shall oversee the editorial correctness
of the inmate publication and ensure compliance with relevant
laws and regulations.
(c) The administrative editor shall be at the level of an associate
warden or assistant regional parole administrator, public information officer, or administrative assistant.
(d) The supervising editor shall be an instructor in journalism or
other qualified employee appointed by the institution head and
shall approve or reject articles, illustrations, and layouts proposed
for publication by the inmates.

3240.2. Inmate Welfare Fund Processing Fees.
(a) Ten percent shall be deducted from inmate donations for
deposit in the inmate welfare fund to offset trust office transaction
processing costs.
(b) Monies collected from sales of products, commodities, or
services shall be subject to the deduction based on gross sales.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 10-13-94; operative 11-14-94 (Register 94,
No. 41).

3241.

Donations.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. Renumbering of former section 3241 to section 3240.1 filed
10-13-94; operative 11-14-94 (Register 94, No. 41).

Article 5.

TITLE 15

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).

3250.3.

Resolution of Inmate Publication Editing
Disagreements.
Disagreements about language, content, or acceptability of a
proposed article or edition shall be resolved as follows:
(a) Any unresolved disagreement between the supervising editor and inmate publication staff shall be referred to the administrative editor for resolution. The administrative editor shall render
a decision, which may include reasonable editorial changes, within
three working days.
(b) If unable to effect a satisfactory resolution, the administrative editor shall forward the material to the institution head who
may either make a decision or transmit the matter to the assistant
director, communications, for a decision, within three working
days of receipt of the disputed material.

Institution Publications

3250. Inmate Publications.
(a) As used in this article, an inmate publication means any
journal, magazine, bulletin, newsletter, newspaper, or other material published by inmates.
(b) Inmates may participate in the publication and distribution
of an inmate publication only with the institution head’s specific
approval.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Repealer of section 3250 and renumbering and amendment of
former section 3251 to section 3250 filed 6-23-93; operative
7-23-93 (Register 93, No. 26).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).

3250.4. Termination of an Inmate Publication.
The termination of any inmate publication for other than the
temporary suspension of publication during a lockdown or other
declared emergency shall require the director’s approval.

3250.1. Material Prohibited from Inmate Publications.
(a) Inmate publications shall not contain material the institution
head determines to be a threat to facility security or the safety of
persons, or determines that it:
(1) Offends any race, gender, nationality, religious faith, or
sexual preference.
(2) Is lewd, pornographic, sexually suggestive, libelous, has
profane or vulgar terminology, or otherwise is prohibited pursuant
to section 3006.
(3) Attacks any individual.
(4) Serves as a conveyance for individual complaints or substitute for the department’s appeal process.
(b) The names or photographs of inmates or staff shall not be
used without the individual’s written permission.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).

3251.

Participation.

HISTORY:
1. Renumbering and amendment of former section 3251 to section
3250 filed 6-23-93; operative 7-23-93 (Register 93, No. 26).

SUBCHAPTER 4. GENERAL
INSTITUTION REGULATIONS

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code; In re Williams (1984) 159 C.A.3d 600, 205
Cal.Rptr. 903; Bailey v. Loggins (1982) 32 C.3d 907, 187 Cal.Rptr.
575; Diaz et al. v. Watts (1987) 189 Cal.App.3d 657, 234 Cal.Rptr.
334; and Miller v. California (1973) 413 U.S. 15, 93 S.Ct. 2607, rehg.
den 414 U.S. 881, 94 S.Ct. 26.
HISTORY:
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).

Article 1. Public Information and
Community Relations
3260. Public Access to Facilities and Programs.
Correctional facilities and programs are operated at public
expense for the protection of society. The public has a right and a
duty to know how such facilities and programs are being con-

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

and security, or generate serious operational problems, the institution head or designee may impose limitations on or set conditions
for such access.
(b) Except as provided by subsection 3261.5(b), news media
and non-news media representatives within a facility shall be
under the direct supervision of the facility’s or regional Public
Information Officer or their designee as determined by the
institution head.
(c) News media and non-news media representatives shall not
enter condemned units, the execution chamber, or any area
currently affected by an emergency situation without approval of
the Secretary of the CDCR or designee.

ducted. It is the policy of the department to make known to the
public, through the news media, through contact with public
groups and individuals, and by making its public records available
for review by interested persons, all relevant information pertaining to operations of the department and facilities. However, due
consideration will be given to all factors which might threaten the
safety of the facility in any way, or unnecessarily intrude upon the
personal privacy of inmates and staff. The public must be given a
true and accurate picture of department institutions and parole
operations.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of section filed 12-19-91 as an emergency; operative
12-19-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-17-92 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; and sections 1798.20, 1798.30 and 1798.40–42,
Civil Code.
HISTORY:
1. Renumbering and amendment of former section 3261 to section
3261.1 filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to
OAL 4-17-92 or emergency language will be repealed by operation
of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Editorial correction of Reference cite (Register 95, No. 14).
4. Amendment filed 8-29-2008; operative 9-28-2008 (Register 2008,
No. 35).

3260.1. Public Records Duplication Services.
The Department shall charge a requester a fee of 12 cents per
page, plus postage, to duplicate and mail a public record as defined
in the California Public Records Act, Government Code Sections
6250, et seq.

3261.2. Authorized Release of Information.
(a) Only an employee designated by the institution head shall
inform the media regarding a facility incident or newsworthy
event.
(b) Except as provided by applicable federal and state law, no
person shall disclose any protected health information that identifies an individual without a valid written authorization from the
individual.
(c) Information pertaining to a Division of Juvenile Justice
ward shall not be released to the media or the public, except as
provided in subsection 3261.7(c)(3).
(d) Information derived from a person’s Criminal Identification
and Investigations Report shall not be provided to the media or to
the public.
(e) Including the limitations of (c) and (d) above, the only
inmate or parolee data which may be released without a valid
written authorization from the inmate/parolee to the media or to
the public includes the inmate’s or parolee’s:
(1) Name.
(2) Age.
(3) Birthplace.
(4) Place of previous residence.
(5) Commitment information obtained from their adult probation officer’s report.
(6) Facility assignments and behavior.
(7) General state of health, given in short and non-medical
terms such as good, poor, or stable.
(8) Cause of death.
(9) Sentencing and release actions.
(f) The only employee data which may be released to the media
or to the public by other than the employee concerning their
involvement in a facility incident or newsworthy event includes:
(1) Name.
(2) Civil service classification.
(3) Age.
(4) Work assignment.
(5) Length of service with the department and/or current division or unit.
(6) Past work assignments.
(7) Role or function in a newsworthy event.

NOTE: Authority cited: Sections 5058, Penal Code. Reference: Sections 5054, Penal Code, and section 6250, et seq., Government Code.
HISTORY:
1. New section filed 1-13-2003; operative 2-12-2003 (Register 2003,
No. 3).

3261.

§ 3261.2

Moviemakers, Broadcasters, Writers.

HISTORY:
1. Renumbering and amendment of former section 3261 to section
3261.1 filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to
OAL 4-17-92 or emergency language will be repealed by operation
of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).

3261.1. Media Access to Facilities.
(a) Access to a department facility or contract facility for a
news media representative, as defined in subsection 3261.5(a)(1),
shall require prior approval of either the institution head or the
Assistant Secretary of Communications or designee. Access to a
department facility for a non-news media representative, as defined in subsection 3261.5(a)(2), shall require prior approval of
both the institution head and the Assistant Secretary of Communications or their designees. For each request for access from a
news media representative or a non-news media representative, the
institution head or the Office of Public and Employee Communications shall provide an initial response back within two (2)
working days. In order to deny an access request for a news media
or a non-news media representative, the institution head shall
secure advance authorization from the Secretary of the California
Department of Corrections and Rehabilitation (CDCR) or designee.
(1) Facilities, on-duty staff, inmates or records under control of
the department shall not be used in conjunction with film making,
radio or television programs, or the writing of books, magazine
articles or syndicated stories without prior approval of the Secretary of the CDCR or designee.
(2) Should any news media or non-news media representative(s) access to a facility constitute an immediate threat to safety

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

through similar convincing means, can demonstrate that he or she
is a bona fide journalist engaged in the gathering of information for
distribution to the public.
(2) ‘‘Non-news media representatives’’ means individuals in the
publishing and broadcasting media not included in subsection
3261.5(a)(1), and may include editorial researchers, freelance
writers, authors of books and independent film makers involved
with the production of broadcast or print endeavors including, but
not limited to, features, documentaries, commercials, and pilots for
proposed news, or entertainment programs.
(b) News media and non-news media representatives shall be
allowed to interview inmates in person in accordance with the
visiting requirements of sections 3170 through 3176.3.
(1) No inmate or parolee may have his or her visitation limited
or revoked solely because of a visit or potential visit from a news
media or non-news media representative, nor may an inmate or
parolee be punished, reclassified, disciplined, transferred to another prison against his or her wishes, or otherwise retaliated
against, solely for participating in a visit by, or communicating
with, a news media or non-news media representative.
(2) During an interview conducted pursuant to subsection
3261.5(b), news media and non-news media representatives shall
be allowed to bring up to three (3) pens, three (3) pencils and one
(1) pad of paper into the facility. These items shall be searched to
protect against an immediate and direct threat to the security of the
institution.
(c) Inmate telephone calls to news media and non-news media
representatives shall be allowed in accordance with section 3282
and may be recorded by the media representative with the inmate’s
consent.
(d) Except as provided by subsection 3261.5(b), access by news
media and non-news media representatives to department institutions, contract facilities and equipment requires prior approval
pursuant to the provisions in subsection 3261.1(a).
(1) Non-news media representatives must provide proof of
employment by a bona fide publication or production company, or
have evidence that such a company has contracted to purchase the
completed project prior to approval.
(2) Non-news media representative requests for access to departmental facilities, on-duty staff or inmates shall include project
and production details as necessary to determine security and
operational impacts. (3) Non-news media representative film
productions require a California Film Commission permit, along
with evidence of financial responsibility and liability insurance of
at least $1 million indemnifying and defending the State of
California, its offices, employees and agents against any lawsuits.
(e) News media and non-news media representatives may be
allowed access to security housing units and administrative segregation with the prior approval of the institution head.
(1) Access to any secured area where lethal weapons are
maintained requires the prior approval of the institution head.
(2) The institution head may allow access to an area outside the
secure perimeter of a facility to news media representatives.
(f) News media and non-news media representatives may be
permitted random face-to-face interviews with inmates or parolees
housed in facilities under the jurisdiction of the department, and
random or specific-person face-to-face interviews with staff. Such
interviews shall be conducted as stipulated by the institution head,
including restricting the time, place and duration of interviews, and
size of technical crews.
(1) Random interviews of individuals involved in a specific
activity or program, or encountered while covering a facility
activity or event shall be limited to the time, areas and segments of
the facility population designated by the institution head.
(2) Inmates may not participate in specific-person face-to-face
interviews except as provided in subsection 3261.5(b).

(g) Information endangering an employee or concerning an
employee who is a crime victim shall not be released to the media.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; Sections 56.10, 1798.20, 1798.30 and 1798.40–42,
Civil Code; Sections 6250–6276.48, Government Code; and Code of
Federal Regulations, Title 45, Parts 160 and 164.
HISTORY:
1. New section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of section and Note filed 8-29-2008; operative 9-282008 (Register 2008, No. 35).

3261.3. Notifying Media of Escapes.
(a) In the event of an actual or suspected escape, the facility or
regional public information officer, or off-duty hours designee,
shall notify radio and television stations and newspapers in the
surrounding communities and the missing inmate’s home community.
(1) The missing inmate’s physical description, estimated time
of disappearance and other pertinent details shall be provided.
(2) The media shall be informed of the facility’s search efforts
and cooperation with local law enforcement agencies.
(b) When available, the missing inmate’s identification photograph or short escape bulletin shall be furnished to the notified
television stations and newspapers. If a photograph or short escape
bulletin are not available for distribution, the media shall be
informed that one is posted at the facility’s front entrance where
they will be permitted to take a picture of it for their use.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).

3261.4. Media Inquiries.
(a) Media inquiries shall be given high priority; facts shall be
gathered as quickly as possible and provided to the inquirer. If the
requested facts are not known or are otherwise unavailable, the
inquirer shall be so informed and the reasons therefore.
(b) No information developed to answer a media person’s
inquiry nor the fact that an inquiry was made shall be volunteered
to another media person.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of subsection (a) filed 8-29-2008; operative 9-28-2008
(Register 2008, No. 35).

3261.5. Routine Media Interviews.
(a) Definitions.
(1) ‘‘News media representative’’ means a journalist who works
for, or is under contract to, a newspaper, magazine, wire service,
book publisher, or radio or television program or station or who,
through press passes issued by a governmental or police agency, or

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(g) Use of cameras or recording equipment shall require prior
approval of the institution head or designee. Photographs, films or
video recording of inmates shall be allowed in accordance with
section 3261.7.
(h) The news media and non-news media representatives or
their organization(s) may be required to pay the security or escort
costs provided for the interview.
(i) No inmate, parolee or staff shall be interviewed against their
will.
(j) CDCR Form 146 (Rev. 06/08), Inmate Declaration To News
Media Contact, shall be completed whenever an inmate is the
subject of an interview, still photograph, motion picture or other
recording intended for use by a television or radio station, or
newspaper, magazine or other publication.
(k) One employee shall witness the inmate’s signature on the
completed CDCR Form 146.
(l) Inmates under 18 years of age shall not be photographed,
filmed or video recorded.

§ 3261.7

HISTORY:
1. New section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).

3261.7.

3261.6. Seriously or Terminally Ill Inmate Media Interviews.
(a) Media interviews shall not be permitted with an inmate
suffering from a mental illness when, in the opinion of a psychiatrist or psychologist, the inmate is not capable of giving informed
consent or their condition may be worsened by such an interview.
(b) Controlled access may be permitted to seriously or terminally ill patients and their housing areas. Random interviews in
such unit shall be closely monitored and shall be terminated if a
majority of the unit’s inmates object.
(c) No more than two visits per calendar month to a unit
housing seriously or terminally ill inmates shall be allowed. Visits
shall be on a first-come, first-served basis with a waiting list to be
maintained by the facility’s public information officer. A ‘‘pool’’ of
no more than ten media persons per visit shall be permitted.

Cameras and Other Audio or Visual Recording
Devices.
(a) Staff cannot prohibit a person who is not on facility property
from photographing, filming, videotaping or otherwise recording
any department facilities, employees, inmates, parolees or equipment.
(b) Persons are prohibited from interrupting, interfering or
communicating with an inmate being transported or working off
facility grounds without prior authorization of the staff person in
charge or institution head.
(c) Photographs, films or videotapes for other than department
purposes which reveal an inmate’s identity may be taken within a
facility subject to the following conditions:
(1) A CDCR Form 146 (Rev. 06/08) shall be completed for each
inmate before a photograph, film or videotape identifying the
inmate may be taken.
(2) An inmate’s consent is not required where individuals in
such settings as an exercise yard or dining hall are not singled out
or where the inmate’s identity is not revealed; however, before
such shots are taken, inmates shall be advised so those who do not
want to be recognized may turn away or leave the area.
(3) Photographs, films or videotapes revealing the identity of an
inmate committed to the Division of Juvenile Justice shall not be
made available other than for official purposes such as an escape.
(d) Unless there is a specified threat of imminent danger to an
inmate or parolee by releasing their departmental identification
photograph, news media representatives as defined in subsection
3261.5(a)(1) and non-news media representatives as defined in
subsection 3261.5(a)(2) shall be permitted access to photographs
without the inmate’s or parolee’s consent.
(1) News media and non-news media representatives shall pay
for the facility’s cost to provide such requested departmental
identification photographs.
(2) Current departmental identification photographs of escaped
inmates and parolees at large shall be provided without charge.
(e) Possession of any camera or other recording device within a
facility is prohibited unless specifically authorized by the institution head.
(f) No camera or other recording device shall be permitted
within the execution chamber area.
(1) Photographs or any other audio or visual recordings of an
execution are prohibited.
(2) Media photography, filming or videotaping of the execution
chamber is prohibited; however, stock department photographs
and videotapes of the area are available upon request.
(g) Before photographers and camera operators enter a facility,
they shall be informed of any restrictions, including that photographs or recordings are prohibited of: persons without their
consent; and procedures, equipment or structures which will
comprise security.
(h) Any photographs, film, video tape or other recording taken
within facilities in violation of these regulations shall be seized and
placed undamaged, undeveloped and unviewed in a secure area.
The news media or non-news media representative’s supplies and
equipment shall not be damaged.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code; and Sections 1798.41 and 1798.42, Civil Code.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
4570, 4570.1 and 5054, Penal Code.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code, and Pell v. Procunier, 94 S.Ct. 2800
(1974).
HISTORY:
1. New section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of subsection (a), repealer and new subsection (a)(2),
amendment of subsection (d), repealer of subsection (e)(1) and
subsection relettering, new subsection (f) and amendment of Note
filed 4-8-96 as an emergency; operative 4-8-96 (Register 96, No.
15). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 9-15-96 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL
9-13-96 and disapproved 10-28-96 (Register 96, No. 44).
5. Amendment of subsection (a), repealer and new subsection (a)(2),
amendment of subsection (d), repealer of subsection (e)(1) and
subsection relettering, new subsection (g) and amendment of Note
filed 10-28-96 as an emergency; operative 10-28-96 (Register 96,
No. 44). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 4-6-97 or emergency
language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-28-96 order transmitted to OAL
3-3-97 and filed 4-14-97 (Register 97, No. 16).
7. Amendment filed 8-29-2008; operative 9-28-2008 (Register 2008,
No. 35).

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TITLE 15

HISTORY:
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to
Government Code section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
2. Amendment of section filed 12-19-91 as an emergency; operative
12-19-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-17-92 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).

HISTORY:
1. New section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment filed 8-29-2008; operative 9-28-2008 (Register 2008,
No. 35).

3262. Public Events.
Visitors may be permitted to attend athletic games and other
types of entertainment held at facilities only under conditions that
will not jeopardize facility security and the visitor’s safety. Visitor
attendance shall be by invitation only. Attendance of visitors shall
not deprive inmates of attendance or adequate seating at such
events. Admission fees shall not be charged.

3266. Inmate Contacts with the Public.
Inmates shall not initiate any personal contact with the public
except as specifically authorized. This does not preclude an
inmate’s courteous and appropriate response when contact is
initiated by a member of the public.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
4570 and 5054, Penal Code.
HISTORY:
1. Renumbering of former section 3072 to new section 3266, including amendment of section heading and text, and new Note filed
10-27-93; operative 11-26-93 (Register 93, No. 44).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment of section filed 12-19-91 as an emergency; operative
12-19-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-17-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 ordered transmitted to
OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).

3267. Access of Public Officials to Facilities.
(a) A public official, except as provided in (b) below, of another
governmental department or agency who needs to interview staff
or inmates or to conduct an inspection shall request permission of
the institution head at least 24 hours before the date and time of
their desired arrival, stating the purpose of the proposed visit.
Upon their arrival, the official’s access shall be subject to the
following requirements:
(1) The official shall be required to produce their picture
identification and consent to a search.
(2) The official shall be escorted by staff at all times within the
facility’s security area.
(3) Any equipment required by the official shall be searched
and under the control of staff while it is within the facility’s
security area.
(b) An elected state official’s access may be denied only during
an emergency with the approval of the Secretary of the California
Department of Corrections and Rehabilitation. Access by the
guests or staff of such officials may be denied when they have not
been previously approved by the institution head.
(c) In cases of immediate need, and upon notification by the
Secretary in writing, any prohibitions regarding access to inmates
by public officials, their guests or staff may be suspended to assist
in the interest of public understanding of departmental operations
and responsibilities.

3263. Group Visits.
Visits to a facility by interested groups may be permitted under
conditions not jeopardizing facility security or the safety of
persons. Visitors shall be escorted through the facility as specified
by the institution head. Tours shall be conducted in a manner
avoiding embarrassment of inmates or visitors, and disruption of
normal activities.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment of section filed 12-18-91 as an emergency; operative
12-18-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-16-92 or emergency language will be
repealed by operation of law on the following day.
2. Editorial correction of printing error (Register 92, No. 4).
3. Editorial correction of printing error (Register 92, No. 5).
4. Certificate of Compliance as to 12-18-91 order transmitted to OAL
4-15-92 and filed 5-26-92 (Register 92, No. 22).

3264. Employee Guests.
Employees requesting to bring visitors into a facility shall first
obtain authorization from the institution head.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. New section filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
2. Amendment of subsection (b) and new subsection (c) filed 8-292008; operative 9-28-2008 (Register 2008, No. 35).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment of section filed 12-19-91 as an emergency; operative
12-19-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-17-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 24).

Article 1.5.

Use of Force and Restraining Devices

3268. Use of Force.
The purpose of this section is to set forth Department of
Corrections policy governing the use of force. The policy has its
foundation in California Penal Code statutes and relevant case
decisions.
(a) Definitions.
(1) Reasonable Force:
The force that an objective, trained and competent correctional
employee, faced with similar facts and circumstances, would
consider necessary and reasonable to subdue an attacker, overcome
resistance, effect custody, or gain compliance with a lawful order.
(2) Unnecessary Force:

3265. Arts and Crafts Exhibits.
(a) The public may be permitted to attend displays of inmatemade articles provided:
(1) Facility security shall not be jeopardized.
(2) Adequate facilities and staff are available to control against
unauthorized visiting and introduction of contraband.
(3) The activity does not interfere with the normal facility
operation.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.

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§ 3268.2

(2) The employee’s immediate supervisor shall review the
document to ensure that it is adequately prepared and to reach a
judgment concerning the appropriateness of the force used. The
supervisor shall document his or her conclusions and forward them
with the employee’s document through the designated chain of
command, to the institution head for approval or follow-up action.
(b) Reporting Deadly Force.
(1) An employee who uses deadly force, whether on or off duty,
shall ensure that a supervisory employee is notified of the incident
without delay.
(2) The supervisor shall ensure that the chain of command is
notified and all necessary health and safety, medical and security
measures are initiated. If the incident is in an institution/facility,
the supervisor shall go to the location and ensure that the scene is
protected.
(3) The Assistant Director, Office of Internal Affairs, or designee shall designate an employee to be in charge of the investigation. The employee shall go to and take charge of the scene. The
employee shall assemble the appropriate investigative staff and
ensure that all necessary investigative procedures and coordination
with affected law enforcement entities are accomplished. The
product of the investigation will be a report to the Director with
conclusions concerning the extent to which the use of force did or
did not comply with the law. However, when the deadly force is
used in the community, local law enforcement shall take charge of
the scene.
(4) A Deadly Force Review Board (DFRB) shall be convened
as soon as possible after the investigation is completed.
(A) The Director or designee shall designate the members of the
DFRB.
(B) The DFRB shall be composed of at least four members.
Three shall be non-departmental law enforcement professionals.
One shall be either a Regional Administrator or a Regional Parole
Administrator outside the region or jurisdiction where the deadly
force was used. Additional members may be designated by the
Director or designee.
(C) The DFRB shall examine all aspects of the incident to
determine the extent to which the use of force complied with
departmental policies and procedures, and to determine the need
for policy, training and/or equipment modifications. The DFRB
shall report its findings, in writing, to the Director for approval or
follow-up action.

The use of force when none is required or appropriate.
(3) Excessive Force:
The use of more force than is objectively reasonable to accomplish a lawful purpose.
(4) Non-Deadly Force:
Any use of force that is not likely to result in death.
(5) Deadly Force:
Any use of force that is likely to result in death.
(6) Use of Force Options:
(A) The choices available to an employee when selecting a
reasonable force option.
(B) The choices include, but are not necessarily limited to:
verbal persuasion or orders; physical strength and holds; chemical
agents and/or other immobilization devices; handheld batons;
less-lethal weapons or firearms.
(1.) For the purposes of this section, a ‘‘less-lethal weapon’’
includes the 37 mm launcher and any other weapon when used to
fire less-lethal projectiles.
(2.) For the purposes of this section, a ‘‘firearm’’ is a weapon
used to fire lethal projectiles.
(b) It is the policy of the Department of Corrections to accomplish the custodial and correctional functions with minimal reliance on the use of force. Employees may use reasonable force as
required in the performance of their duties, but unnecessary or
excessive force shall not be used.
(c) The Department of Corrections recognizes the sanctity of
human life. Therefore, deadly force will only be used when it is the
reasonable force, as defined in section 3268(a)(1), and is needed
to:
(1) Defend the employee or other persons from an immediate
threat of death or great bodily injury.
(A) For the purposes of this section, ‘‘great bodily injury’’
means an injury that creates a substantial risk of death.
(2) Prevent an escape from custody.
(3) Stop acts such as riots or arson that constitute an immediate
jeopardy to institutional security and, because of their magnitude,
are likely to result in escapes or the death of other persons.
(4) Dispose of seriously injured or dangerous animals when no
other disposition is practical.
(d) A firearm shall not be discharged if there is reason to believe
that persons other than the intended target will be injured.
(e) Firearms may be discharged as a warning only in an
institutional/facility setting and only when deadly force is permitted under section 3268(c).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
196, 835a, 2651, 2652, and 5054 Penal Code; and section 50 Civil
Code.
HISTORY:
1. Renumbering of former section 3280 to new section 3268.2,
including amendment of section heading, section and Note, filed
3-12-99 as an emergency; operative 4-1-99 (Register 99, No. 11). A
Certificate of Compliance must be transmitted to OAL by 9-8-99 or
emergency language will be repealed by operation of law on the
following day pursuant to Penal Code section 5058(e)(1).
2. Editorial correction of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order transmitted to OAL
9-8-99 and filed 10-20-99 (Register 99, No. 43).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
196, 835a, 2651, 2652, and 5054 Penal Code; and section 50 Civil
Code; Whitley v. Albers (1985) 475 U.S. 312, 106 S.Ct. 1078.
HISTORY:
1. New article 1.5 (sections 3268–3268.2) and section filed 3-12-99 as
an emergency; operative 4-1-99 (Register 99, No. 11). A Certificate
of Compliance must be transmitted to OAL by 9-8-99 or emergency
language will be repealed by operation of law on the following day
pursuant to Penal Code section 5058(e)(1).
2. Editorial correction of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order, including amendment
of first paragraph, transmitted to OAL 9-8-99 and filed 10-20-99
(Register 99, No. 43).

3268.2. Use of Restraints.
(a) Mechanical means of physical restraint may be used only
under the following circumstances:
(1) When transporting a person between locations.
(2) When a person’s history, present behavior, apparent emotional state, or other conditions present a reasonable likelihood that
he or she may become violent or attempt to escape.
(3) When directed by medical staff, to prevent a person from
attempting suicide or inflicting injury to himself or herself.
(b) Mechanical restraints shall not be:
(1) Used as punishment.
(2) Placed around a person’s neck.

3268.1. Reporting and Investigating the Use of Force.
(a) Reporting Non-Deadly Force.
(1) An employee who uses or observes non-deadly force greater
than verbal persuasion to overcome resistance or gain compliance
with an order shall document that fact. The document shall identify
any witnesses to the incident and describe the circumstances
giving rise to the use of force, and the nature and extent of the
force used. The employee shall provide the document to his or her
immediate supervisor.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

volved in the review and approval of an inmate’s housing
assignment must evaluate all factors to be considered, including
but not limited to:
• Length of sentence.
• Enemies and victimization history.
• Criminal influence demonstrated over other inmates.
• Reason(s) for prior segregation.
• History of ‘‘S’’ suffix determination pursuant to CCR subsection 3371.1(c).
• History of in-cell assaults and/or violence.
• Prison gang or disruptive group affiliation and/or association.
• Nature of commitment offense.
• Documented reports from prior cellmate(s) that the inmate
intimidated, threatened, forced, and/or harassed him or her for sex.
• Documentation that the cellmate(s) refused to return to a cell
occupied by the inmate because of fear, threats, or abuse perpetrated by the inmate.
• Documentation that the inmate has been the victim of a sexual
assault.
• Adjudicated Department Rules Violations Reports (RVR)
where the inmate was found guilty as a perpetrator in an act of
physical abuse, sexual abuse, sodomy, or other act of force against
a cellmate.
(b) The screening authority shall complete a CDCR Form 1882
(rev. 2/07), Initial Housing Review, stating if the inmate is suitable
for dorm/cell housing with or without special restrictions. Restrictions are any case factors which may limit the inmate’s housing
placement options such as, but not limited to:
• Security issues including ASU and SHU placement.
• Request for Protective Custody.
• Medical or mental health issues.
• Integrated Housing Code. Staff shall ensure that the housing
policies regarding special category inmates covered under specific
litigation remain in place during the housing assignment.
(c) Upon placement in an ASU or SHU, inmates shall be
screened for an appropriate cell assignment using the same criteria
as inmates being screened for housing in the general population.
The reason for ASU or SHU placement shall also be taken into
consideration.
Based on available information and the inmate interview, the
screening authority shall determine if the inmate is suitable for
single or double celled housing, and shall complete a CDC Form
114-A1 (rev. 10/98), Inmate Segregation Profile. Unless approved
for single cell assignment, an inmate in ASU or SHU is expected
to share a cell with another inmate.
(d) Single cell status shall be considered for those inmates who
demonstrate a history of in-cell abuse, significant in-cell violence
towards a cell partner, verification of predatory behavior towards
a cell partner, or who have been victimized in-cell by another
inmate. Staff shall consider the inmate’s pattern of behavior, not
just an isolated incident. An act of mutual combat in itself does not
warrant single cell status. The following factors must be considered when evaluating single cell status, noting these factors are not
exclusive of other considerations:
(1) Predatory behavior is characterized by aggressive, repeated
attempts to physically or sexually abuse another inmate.
(2) Documented and verified instances of being a victim of
in-cell physical or sexual abuse by another inmate.
(e) Should the screening authority determine that single cell
designation is appropriate, the inmate’s case factors shall be
reviewed by a classification committee for determination of
appropriate housing and designation for an ‘‘S’’ suffix. A classification committee may consider whether an inmate with single cell
designation has since proven capable of being double-celled.
(f) In cases where single cell status is recommended by clinical
staff due to mental health or medical concerns, a classification
committee shall make the final determination of an inmate’s cell

(3) Applied in a way likely to cause undue physical discomfort
or restrict blood flow or breathing. e.g., hog-tying.
(4) Used to secure a person to a fixed object except, as a
temporary emergency measure. However, a person who is being
transported shall not be locked in any manner to any part of the
transporting vehicle.
(5) Placed on an inmate during labor, including during transport
to a hospital, during delivery, and while in recovery after giving
birth, unless circumstances exist that require the immediate application of mechanical restraints to avoid the imminent threat of
death, escape, or great bodily injury, and only for the period during
which such threat exists.
(c) When mechanical restraint is required, handcuffs, alone or
attached to a waist chain, will be the means of restraint normally
used. However, additional mechanical restraint, including leg
irons, additional chains, straight jackets, leather cuffs, or other
specialized restraint equipment may be used when the circumstances indicate the need for the level of control that such devices
will provide.
(d) Use of mechanical restraints on inmates confirmed, or
suspected by health care staff to be pregnant shall be subject to the
following requirements:
(1) No leg restraints or waist chains shall be applied.
(2) If handcuffs are applied, the inmate’s arms shall be brought
to the front of her body for application.
(3) When transporting a pregnant inmate off grounds, the
application of restraint gear shall be restricted to handcuffs to the
front of the inmate only. If the pregnant inmate is in labor, the rules
provided in subsection 3268.2(b)(5) shall also be followed.
(e) Use of restraint equipment by direction of medical staff shall
be fully documented in the institution medical file of the restrained
inmate.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2650, 2651, 2652, 2652.5, 3423, 5007.7 and 5054,
Penal Code.
HISTORY:
1. Renumbering of former section 3280 to new section 3268.2,
including amendment of section heading, section and Note, filed
3-12-99 as an emergency; operative 4-1-99 (Register 99, No. 11). A
Certificate of Compliance must be transmitted to OAL by 9-8-99 or
emergency language will be repealed by operation of law on the
following day pursuant to Penal Code section5058(e)(1).
2. Editorial correction of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order transmitted to OAL
9-8-99 and filed 10-20-99 (Register 99, No. 43).
4. New subsections (b)(5) and (d)(1)–(3), subsection relettering and
amendment of Note filed 3-6-2008; operative 4-5-2008 (Register
2008, No. 10).

Article 1.6.

TITLE 15

Inmate Housing

3269. Inmate Housing Assignments.
Inmates shall accept Inmate Housing Assignments (IHAs) as
directed by staff. It is the expectation that all inmates double cell,
whether being housed in a Reception Center, General Population
(GP), an Administrative Segregation Unit (ASU), a Security
Housing Unit (SHU), or specialty housing unit. If staff determines
an inmate is suitable for double celling, based on the criteria as set
forth in this section, the inmate shall accept the housing assignment or be subject to disciplinary action for refusing. IHAs shall be
made on the basis of available documentation and individual case
factors. Inmates are not entitled to single cell assignment, housing
location of choice, or to a cellmate of their choice.
(a) Upon arrival at an institution, facility, or program reception
center, a designated custody supervisor shall screen an inmate for
an appropriate housing assignment. The screening authority in-

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§ 3269.1

inmate’s Annual Review, or as case factors may change, and
adjusted as necessary. An IHC that may be assigned are detailed as
follows:
(1) RE, Racially Eligible. An inmate that has not been a victim
or perpetrator of a racially motivated crime and can live with
members of any race. It is the expectation of the department that
all inmates will be coded RE, unless certain case factors dictate
otherwise.
(2) RP, Restricted Partially. An inmate that may be considered
ineligible to live with inmates of a particular race. Ineligibility to
live with someone of another race could be based on a racially
motivated incident, where racial beliefs or attitudes were the cause
of the incident.
(3) RO, Restricted to Own (Race). An inmate that has been the
victim and/or perpetrator of a racially motivated crime. Inmates
who are coded RO Restricted to Own will not be precluded from
integration in other aspects of institutional operation, such as a
school or work assignment. Inmates coded as RO are not precluded
from racially integrated housing for the entire duration of their
sentence.
(4) RT, Restricted Temporarily by Custody. Inmates with insufficient information or documentation for the designated custody
supervisor to make an objective determination shall be coded RT
for Restricted Temporarily by Custody. This code may be used
when conflicting information arrives with the inmate or when
questionable statements or behavior by the inmate are observed
that are not consistent with the inmate’s claim of eligibility.
(5) RR, Restricted by Refusal. Inmate is otherwise eligible for
integrated housing but refuses to participate. Refusal to accept an
integrated housing assignment, when all available documentation
and information does not preclude such, shall result in disciplinary
action with the potential to be housed in alternative and more
restrictive housing, such as an Administrative Segregation Unit
(ASU) or a Security Housing Unit (SHU).
(c) Inmates arriving in a facility Receiving and Release will be
interviewed in accordance with the established process for intake.
The designated custody supervisor will use the information provided during the interview as well as the supporting documents
received to determine the inmate’s eligibility for an integrated
housing assignment.
(d) New arrivals at a facility or inmates who require a bed
assignment change will be housed in the first available and
appropriate bed, taking into consideration all relevant case factors.
Staff will also consider other available information that would
indicate or present an immediate risk or safety concern for the
inmate such as, but not limited to:
(1) Security issues including ASU placement.
(2) SHU.
(3) Request for Protective Custody.
(4) Prison gang or disruptive group affiliation or association.
(5) Medical or mental health issues.
(6) Length of term.
(7) Height, weight, and age.
Staff will continue to ensure that current housing policies
regarding special category inmates covered under specific litigation remain in place during the housing process.
(e) If an inmate refuses to be housed in appropriately determined housing, he shall be subject to the disciplinary process, with
the potential to be housed in alternative and more restrictive
housing. Refusal to participate will result in the issuance of a Rules
Violation Report (RVR) for Conduct, section 3005(c), Obeying
Orders, for the Specific Act of Willfully Resisting, Delaying, or
Obstructing any Peace Officer in the Performance of Duty (CCR
subsection 3323(f)(6)), and shall be considered after the first RVR
for placement in more restrictive housing such as an ASU or a
SHU. At any time during this process the inmate may elect to
participate in the IHP.

assignment. The classification committee shall consider the clinical recommendations made by the evaluating clinician with
assistance from the clinician who participates in the committee and
review the inmate’s case factors when determining the housing
assignment. Single cell status based upon clinical recommendation
is usually a temporary short-term measure and must be periodically reviewed, minimally at an inmate’s annual review or more
frequently at the inmate’s/clinician’s request.
(g) If an inmate refuses to be housed as determined to be
appropriate to this section, the inmate shall be subject to the
disciplinary process, with the potential to be housed in alternative
and more restrictive housing. Refusal to participate will result in
the issuance of a Rules Violation Report (RVR) for Conduct,
subsection 3005(c), Refusing to Accept Assigned Housing, for the
Specific Act of Willfully Resisting, Delaying, or Obstructing any
Peace Officer in the performance of Duty (CCR subsection
3323(f)(6)). Subsequent acts of the above listed offense will result
in the issuance of additional disciplinary reports and consideration
for placement in more restrictive housing such as an ASU or a
SHU.
NOTE: Authority cited: Section 5058, Penal Code. Reference: 5054,
Penal Code.
HISTORY:
1. New section filed 3-18-2008 as an emergency; operative 3-18-2008
(Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 8-252008 or emergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 3-18-2008 order, including amendment of subsection (f), transmitted to OAL 8-18-2008 and filed
9-15-2008 (Register 2008, No. 38).

3269.1. Integrated Housing.
An inmate’s race will not be used as a primary determining
factor in housing an institution’s inmate population. Inmate
housing assignments shall be made on the basis of available
documentation and individual case factors to implement an Integrated Housing Policy (IHP). Individual case factors include, but
are not limited to, such factors as:
(1) History of racial violence.
(2) Commitment offense/time to serve.
(3) Classification score.
(4) Custody level.
(5) Education.
(6) Disciplinary history.
The IHP is set forth in these regulations. Housing assignments
will be determined in a manner that will ensure that the safety,
security, treatment, and rehabilitative needs of the inmate are
considered, as well as the safety and security of the public, staff
and institutions. Upon adoption of these regulations in 2007, the
department will begin to update a computer tracking system to
include the assignment of an Integrated Housing Code (IHC) as set
forth in subsection (b) that will be used to identify each inmate’s
ability to integrate. On January 1, 2008, actual implementation of
the IHP will commence at designated facilities. On January 1,
2009, the IHP will begin to be implemented at all remaining
institutions.
(a) The department’s housing protocol will require male inmates to be housed in an appropriate bed, based on each inmate’s
Integrated Housing Code (IHC) and/or individual case factors. The
department will utilize a computer tracking system to identify,
track, and monitor an inmate’s eligibility to integrate when being
housed.
(b) Based on a review of an inmate’s individual case factors and
a personal interview with an inmate, an IHC will be assigned. The
appropriateness of an inmate’s IHC will be assessed at least at an

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

(f) Disciplinary restrictions will be applied as a result of a
disciplinary process where inmates are afforded due process. The
suspension of privileges based on a finding of guilt in a disciplinary hearing shall be assessed as set for the in CCR subsections
3315(f)(5)(M)1. and (M)2.
(g) In the event that facility management determines that a
temporary suspension of assignments within a unit to integrated
beds is warranted, the Warden or designee shall request approval
from their mission based Associate Director for a temporary
suspension of integrated housing assignments consistent with the
lockdown and modified program. Regular housing assignment
procedures shall be resumed in accordance with the Integrated
Housing policy upon resolution of the incident.

2. New section refiled 4-15-94 as an emergency; operative 4-25-94
(Register 94, No. 15). A Certificate of Compliance must be
transmitted to OAL by 8-23-94 or emergency language will be
repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g)
(Register 94, No. 37).
4. New section including amendments, refiled 9-15-94; operative
9-15-94 (Register 94, No. 37).

3271. Responsibility of Employees.
Every employee, regardless of his or her assignment, is responsible for the safe custody of the inmates confined in the institutions
of the department.
Comment: Former DP-4202, responsibility of employees.

NOTE: Authority cited: Section 5058, Penal Code. Reference: 5054,
Penal Code; Johnson v. California (2005) 543 U.S. 499 [125 S. Ct.
1141], remand of Johnson v. California, (9th Cir. 2007) [Dock. No.
CV 95–1192 CBM(BQR)].
HISTORY:
1. New article 1.6 (section 3269.1) and section filed 12-28-2007;
operative 12-28-2007 pursuant to Government Code section
11343.4 (Register 2007, No. 52).

Article 2.

TITLE 15

3272. Custody Classification.
The classification committee at each institution must assign a
custodial classification to each inmate, in accordance with the
custodial classifications prescribed by the department. The senior
custodial officer on duty may temporarily increase the custodial
classification of an inmate at any time he or she believes such
action is necessary to protect the security and good order of the
institution. Such action is subject to classification committee
review at the next regular meeting. Any reduction of an inmate’s
custody classification must be by classification committee action.
Comment: Former DP-4203, custody classification.

Security

3270. General Policy.
The primary objectives of the correctional institutions are to
protect the public by safely keeping persons committed to the
custody of the Director of Corrections, and to afford such persons
with every reasonable opportunity and encouragement to participate in rehabilitative activities. Consistent effort will be made to
insure the security of the institution and the effectiveness of the
treatment programs within the framework of security and safety.
Each employee must be trained to understand how physical
facilities, degree of custody classification, personnel, and operative
procedures affect the maintenance of inmate custody and security.
The requirement of custodial security and of staff, inmate and
public safety must take precedence over all other considerations in
the operation of all the programs and activities of the institutions
of the department.
Comment: Former DP-4201, policy, general.
3270.1. Lethal Electrified Fences.
(a) For the purposes of this section, a lethal electrified fence is
a high voltage fence installed for the lethal infliction of injury to
escaping inmates.
(b) Safety precautions shall be instituted to prevent accidental
electrocution. These precautions shall include, but are not limited
to, the following:
(1) The posting of warning signs on the inner and outer
perimeters of the facility informing staff, inmates, and the public of
the presence of a lethal electrified fence.
(2) A visual inspection of the lethal electrified fence area at
least once per shift.
(3) Regular inspections by an outside patrol of the perimeter
areas.
(4) The presence of a staff person trained in energizing and
deenergizing the fence prior to any authorized person entering the
lethal electrified fence area.
(5) Inspections of lethal electrified fences as specified by a
routine maintenance schedule.
(6) The insulation of lethal electrified fences between two
security fences.

3273. Acceptance and Surrender of Custody.
Wardens and superintendents must not accept or surrender
custody of any prisoner under any circumstances, except by valid
court order or other due process of law.
Comment: Former DP-4204, acceptance and surrender of custody.
3274. Inmate Count and Movement.
(a) Inmate count. Every institution head shall maintain a system
to account at all times for inmates under their jurisdiction. A
physical count of all inmates shall be taken at least four times
during each calendar day unless otherwise authorized in writing by
the director. No inmate activity shall be scheduled at a time which
would disrupt a facility count.
(1) Standing count. At least one daily count shall be a standing
count wherein inmates shall stand at their cell door or, in a
dormitory, shall sit on their assigned bed during the designated
count time.
(2) Emergency count. If staff determines an inmate may be
missing, an emergency count shall be conducted to determine
whether an escape has occurred and, if so, the identity of the
escapee. When an emergency count is announced, inmates shall
return to their assigned housing, except in a medical emergency or
other exception specifically authorized by the official in charge.
(b) Inmate movement. Each facility shall establish a schedule of
routine inmate movement to and from the facility’s activities and
assignments such as work and education, and the gym or exercise
yard.
(1) Appointments. A CDC Form 129 (Rev. 7/88). Inmate Pass,
shall be issued to an inmate approved for movement to a scheduled
non-routine appointment. Medical service and casework appointments shall not be scheduled during an inmate’s work or program
hours unless an inmate cannot otherwise obtain the service or case
work.
(2) Unscheduled movement. If unscheduled movement of an
inmate is necessary, such movement shall not take place unless the
inmate is escorted by staff, or a pass has been issued by staff
authorizing the movement.
(3) Routine movement. A gate pass shall be maintained for each
inmate assigned to work outside a facility’s security area. The gate
pass shall:
(A) Not be handled by any inmate.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2052 and 5054, Penal Code.
HISTORY:
1. New section filed 12-15-93 as an emergency; operative 12-15-93
(Register 93, No. 51). A Certificate of Compliance must be
transmitted to OAL by 4-25-94 or emergency language will be
repealed by operation of law on the following day.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

(B) Include the inmate’s identification photo, name, CDC
number, housing assignment, custody designation, assignment
requiring the gate pass, effective date of the pass, times the inmate
is authorized to pass through the gate, and the signature of a
facility official authorized to approve gate passes.
(C) Be rescinded by staff at the level of correctional lieutenant
or higher, pending a classification committee review whenever:
1. A hold or detainer against an inmate’s release, or notice
thereof, is received by the facility.
2. Staff determines from the inmate’s behavior that the inmate
may require increased supervision.
3. Staff receives information indicating an inmate’s increased
escape potential.
(c) Lockdown. Facility procedures governing the restriction of
inmate movement during a lockdown shall be established and
updated daily during any lockdown.
(d) Limited visibility. When visibility at a facility is severely
restricted or a state of emergency is declared, inmates shall be
confined to their housing units, except as otherwise authorized by
the official in charge. In such circumstances, all inmate movement
shall be under the direct and constant supervision of staff.

§ 3276

4. Certificate of Compliance as to orders of 1-3-95 and 3-28-95
including amendment of subsection (a) and Note transmitted to
OAL 6-12-95 and filed 7-24-95 (Register 95, No. 30).

3276. Firearms.
(a) Only peace officers who have satisfactorily completed
firearms training and who are currently qualified in the firing of
departmental firearms shall be assigned to armed posts or otherwise be authorized to possess, carry or use a departmental firearm.
Exceptions are only authorized in extreme emergencies when
peace officers are not available in sufficient numbers or in time to
stop or control a situation which warrants the immediate use of
force, as described in section 3268.
(b) An employee appointed to a peace officer position wherein
the specifications of the position include the carrying and use of
firearms shall be given a reasonable time to complete firearms
training and to qualify in the firing of departmental firearms.
Persistent failure or refusal to satisfactorily complete firearms
training and to qualify in the firing of departmental firearms shall
be cause for dismissal from employment as a peace officer.
(c) Employees shall not have accessible, carry or use privately
owned firearms or ammunition while on duty, except as authorized
by the director or his/her designee. For the purpose of this section
‘‘on duty’’ means any time which is compensable as actual time
worked.
(d) Employees who are ordered to carry a concealable firearm
while on duty away from facilities where inmates/parolees are
located shall keep the firearm concealed at all times except when
use of the firearm is necessary. Employees on duty on the grounds
of, and in, facilities where inmates/parolees are located shall not
carry a concealed firearm unless ordered to do so by the official in
charge.
(e) Each facility where inmates/parolees are located which
maintains an unissued supply of firearms and ammunition, as
described in Section 3275, shall provide for its long-term storage
in a physically secure armory. Armories shall be located so as to be
under 24-hour-a-day coverage of an armed post and away from
areas that are open to traffic by unsupervised inmates/parolees and
the public. Community Correctional Facility armories shall be
exempt from the armed coverage requirement, but they shall be
under 24-hour-a-day observation by staff directly, or by video
surveillance, and shall be equipped with audible electronic alarms.
(f) Each facility where inmates/parolees are located shall provide a physically secure locked container, located outside the
security areas, for the temporary storage of firearms, ammunition
and other weaponry of employees and officials who must come on
the grounds or enter the facility in the course of their employment
or official business.
(g) Employees and others who live on the grounds of facilities
where inmates/parolees are located, and any guests or visitors of
such persons, shall not bring to, maintain, store or keep any
firearms or ammunition in such residences at any time. Arrangements shall be made for the use of storage facilities described in
subsections (e) and (f).
(h) Firearms and ammunition shall not be left in an unattended
vehicle at any time upon the grounds of facilities where inmates/
parolees are located. Exceptions are authorized only when the
vehicle is securely locked and under the direct observation of staff
who are aware that the vehicle contains firearms or ammunition, or
when the vehicle is equipped with a departmentally approved
secure container for such equipment. Merely out of sight storage
such as in the spare tire well, trunk or glove box does not meet the
requirements for a secure container.
(i) The loss or theft of departmentally issued/authorized
firearms/duty weapons or related equipment shall be immediately
reported to the responsible employee’s supervisor, and through the
supervisor to the administrator of the jurisdiction of employment,
and/or to the attention of the administrator in which the loss or

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2079 and 5054, Penal Code.
HISTORY:
1. Amendment filed 7-29-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment of section filed 12-20-91 as an emergency; operative
12-20-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-20-92 or emergency language will be
repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-20-91 order transmitted to OAL
4-17-92 and filed 6-1-92 (Register 92, No. 23).

3275. Weapons.
(a) Only such weaponry as has been approved by the director
for department-wide use, or for use only by designated jurisdictions of the department, shall be issued/assigned to an employee or
carried/used by an employee while on duty. For the purpose of this
section, weaponry includes any offensive or defensive lethal or
less lethal device. Employees assigned to facilities or work
locations where inmates/parolees are located, or in the supervision
of inmates/parolees in the community, shall not have accessible,
carry or use any privately owned weaponry while on duty, except
as authorized by the director.
(b) No weaponry of any kind shall be taken into the security
areas of an institution where inmates/parolees are located except
for emergency use as ordered by the official in charge, or for use
in regularly armed posts as prescribed in local procedures or post
orders.
(c) All necessary precautions shall be taken in the storage, use
and movement of weaponry to prevent it from falling into the
hands of inmates, parolees or other unauthorized persons.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
830.5, 4574, 5054, Penal Code.
HISTORY:
1. Amendment filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
2. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to
OAL 6-12-95 or emergency language will be repealed by operation
of law on the following day.
3. Amendment of subsection (a) filed 3-28-95 as an emergency;
operative 3-28-95 for 160 days pursuant to Penal Code Section
5058(e) (Register 95, No. 13). A Certificate of Compliance must be
transmitted to OAL by 9-4-95 or emergency language will be
repealed by operation of law on the following day.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

themselves in good physical condition. In addition, all employees
who supervise inmates must have training designed to give them
knowledge of emotional disturbances common to inmates and
parolees, and understanding of their own feelings, and the use of
such knowledge in ways, which will minimize the need for the use
of physical force. Batons may be carried only as specifically
authorized by the director.
Comment: Former DP-4209, control of inmates.

theft occurred, if in a different jurisdiction. Local law enforcement
agencies shall be notified, and a written report shall be made to the
deputy director/assistant director within whose jurisdiction the loss
or theft occurred.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
830, 830.5, 4574, and 5054, Penal Code.
HISTORY:
1. Repealer and new section filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
2. Amendment of subsection (a)(6) filed 7-12-82; effective thirtieth
day thereafter (Register 82, No. 29).
3. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to
OAL 6-12-95 or emergency language will be repealed by operation
of law on the following day.
4. Amendment of subsections (b) and (b)(5) filed 3-28-95 as an
emergency; operative 3-28-95 for 160 days pursuant to Penal Code
s 5058(e) (Register 95, No. 13). A Certificate of Compliance must
be transmitted to OAL by 9-4-95 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to orders of 1-3-95 and 3-28-95
including amendment of section and Note transmitted to OAL
6-12-95 and filed 7-24-95 (Register 95, No. 30).
6. Amendment filed 3-12-99 as an emergency; operative 4-1-99
(Register 99, No. 11). A Certificate of Compliance must be
transmitted to OAL by 9-8-99 or emergency language will be
repealed by operation of law on the following day pursuant to Penal
Code section 5058(e)(1).
7. Editorial correction amending History 6 (Register 99, No. 26).
8. Certificate of Compliance as to 4-1-99 order transmitted to OAL
9-8-99 and filed 10-20-99 (Register 99, No. 43).
9. Amendment of subsections (c) and (i) filed 4-17-2002; operative
5-17-2002 (Register 2002, No. 16).
10. Amendment of subsection (e) filed 5-2-2007; operative 6-1-2007
(Register 2007, No. 18).

3277.

TITLE 15

3279.

Use of Force.

HISTORY:
1. Repealer filed 3-12-99 as an emergency; operative 4-1-99 (Register
99, No. 11). A Certificate of Compliance must be transmitted to
OAL by 9-8-99 or emergency language will be repealed by
operation of law on the following day pursuant to Penal Code
section 5058(e)(1).
2. Editorial correction amending History 1 (Register 99, No. 26).
3. Certificate of Compliance as to 4-1-99 order transmitted to OAL
9-8-99 and filed 10-20-99 (Register 99, No. 43).

3280.

Mechanical Restraint.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2650, 2652 and 5054, Penal Code.
HISTORY:
1. Amendment of subsections (a)(2) and (c) filed 5-28-76 as an
emergency; designated effective 7-1-76 (Register 76, No. 19).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment of subsection (b) filed 3-22-78; effective thirtieth day
thereafter (Register 78, No. 12).
4. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing errors in subsections (b) and (c) and
History (Register 92, No. 5).
6. Change without regulatory effect amending subsection (a)(2) filed
1-20-93 pursuant to section 100, title 1, California Code of
Regulations (Register 93, No. 4).
7. Renumbering of former section 3280 to new section 3268.2 filed
3-12-99 as an emergency; operative 4-1-99 (Register 99, No. 11). A
Certificate of Compliance must be transmitted to OAL by 9-8-99 or
emergency language will be repealed by operation of law on the
following day pursuant to Penal Code section 5058(e)(1).
8. Editorial correction amending History 7 (Register 99, No. 26).
9. Certificate of Compliance as to 4-1-99 order transmitted to OAL
9-8-99 and filed 10-20-99 (Register 99, No. 43).

Use of Tear Gas.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Amendment of Subsection (a) filed 5-28-76 as an emergency;
designated effective 7-1-76 (Register 76, No. 19).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
4. Amendment of subsection (a) filed 8-7-80 as an emergency;
effective upon filing (Register 80, No. 32). A Certificate of
Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 12-7-80.
5. Certificate of Compliance filed 12-5-80 (Register 80, No. 49).
6. Amendment of subsections (a)(1) and (a)(3), repealer of subsections (a)(4)–(a)(4)(F)5., amendment of subsections (b), (b)(1) and
(b)(3)–(4), and repealer of subsection (c) filed 1-3-95 as an
emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of
Compliance must be transmitted to OAL 6-12-95 or emergency
language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-3-95 order including amendment
of subsections (a)(3), (b)(1), (b)(3), and (b)(4) transmitted to OAL
6-12-95 and filed 7-24-95 (Register 95, No. 0).
8. Repealer filed 3-12-99 as an emergency; operative 4-1-99 (Register
99, No. 11). A Certificate of Compliance must be transmitted to
OAL by 9-8-99 or emergency language will be repealed by
operation of law on the following day pursuant to Penal Code
section 5058(e)(1).
9. Editorial correction amending History 8 (Register 99, No 26).
10. Certificate of Compliance as to 4-1-99 order transmitted to OAL
9-8-99 and filed 10-20-99 (Register 99, No. 43).

3281.

Corporal Punishment.

HISTORY:
1. Repealer filed 3-12-99 as an emergency; operative 4-1-99 (Register
99, No. 11). A Certificate of Compliance must be transmitted to
OAL by 9-8-99 or emergency language will be repealed by
operation of law on the following day pursuant to Penal Code
section 5058(e)(1).
2. Editorial correction amending History 1 (Register 99, No. 26).
3. Certificate of Compliance as to 4-1-99 order transmitted to OAL
9-8-99 and filed 10-20-99 (Register 99, No. 43).

3282. Use of Telephones by Inmates.
(a) For purposes of this section:
(1) An ‘‘emergency call’’ means a telephone call regarding the
serious illness or injury, or the death of an inmate’s immediate
family member.
(2) A ‘‘confidential call’’ means a telephone call between an
inmate and his/her attorney which both parties intend to be private.
(3) An ‘‘inmate telephone’’ means a telephone designated solely
to accommodate inmate-originated nonconfidential personal calls.
(4) An ‘‘intrafacility telephone’’ means a telephone which is not
capable of direct-dial connections to telephones outside of the
facility.
(5) A ‘‘prison telephone’’ means a telephone that is capable of
outside access and is not monitored or recorded.
(b) Facilities shall provide inmate telephones for use by general
population inmates. Inmates may place collect telephone calls to

3278. Control of Inmates and Parolees.
Employees who supervise inmates or parolees must have training in physical controls, use of restraint equipment, and keep

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§ 3282

(E) Proof of current registry and good standing with a governing bar association, and
(F) Indication of the jurisdiction(s) licensed to practice law. If
the requesting attorney wishes to have a representative conduct the
confidential phone call, the attorney representative must provide
all applicable information listed above in addition to the attorney
submitting their information. Refer to Title 15, subsection
3178(c)(1) for attorney representative criteria.
(2) Requesting attorney/attorney representative shall report any
prior felony convictions or pending arrest dispositions, describe
and explain any prior suspension or exclusion from a correctional
facility, and declare under penalty of perjury one or more of the
following:
(A) They are the named inmate’s attorney either by appointment by the court or at the inmate’s request.
(B) They have been requested by a judge to interview a named
inmate for purposes of possible appointment as counsel by the
same court.
(C) They are requesting to call a named inmate who may be a
witness directly relevant to a legal process, purpose, or proceeding.
(D) They are seeking to interview a named inmate, at the
request of the inmate, for the purpose of representation of the
inmate in a legal process, for a legal purpose or in a legal
proceeding, and
(E) They have been requested by a third party to consult with
the named inmate when the inmate cannot do so because of a
medical condition, disability or other circumstance.
(3) Any false statement or deliberate misrepresentation of facts
specific to the information required in subsection (g)(2) shall be
grounds for denying the request or cause for subsequent suspension or exclusion from all institutions/facilities administered by the
department.
(4) Upon receipt of the information specified in (g)(1), a
California law enforcement telecommunications system (CLETS)
check of the attorney/attorney representative through the Department of Justice and verification of the attorney’s credential
through the governing state bar will be conducted. Once the
clearance and state bar verification have been obtained and
approved the attorney shall be contacted to schedule the confidential telephone call with the specified inmate. Attorneys and
attorney representatives shall immediately report to the Institution
Litigation Coordinator any change in personal or professional
information, arrest history and or pending dispositions and declarations made in subsections (g)(1) and (g)(2) to retain their
approval/clearance. In addition, a CLETS check will be conducted
at least annually and as needed based on changes provided to the
above listed information or information from any source that such
changes had occurred.
(5) The date, time, duration, and place where the inmate will
make or receive the call, and manner of the call are within the
discretion of the institution head, except as restricted herein. A
confidential call from an inmate shall be placed as a collect call or
by providing for the toll to be deducted from the inmate’s trust
account and made from a prison telephone or, with appropriate
authentication of the caller, may be received from an attorney.
(6) It is within the discretion of the institution head, or his/her
designee, to approve or deny a confidential call. As long as the
attorney/client communication privilege is not violated, a confidential call may be denied where the institution head, or his/her
designee, determines that normal legal mail or attorney visits were
appropriate means of communication and were not reasonably
utilized by the inmate or attorney. Where demand for confidential
calls seriously burdens institutional operations, the institution
head, or his/her designee, shall prioritize confidential calls.
(7) Emergency calls on prison telephones between an inmate
and clergy, other religious advisors, or health care professionals

persons outside the facility at designated times and on designated
telephones, as set forth in local procedures. Limitations may be
placed on the frequency and length of such calls based on the
inmate’s privilege group as outlined in section 3044, and to ensure
equal access. Telephone calls requiring the use of a Telecommunication Device for the Deaf (TDD) or voice relay service shall
have extended time scheduled due to the time delay which results
from the TDD relay process.
(c) An inmate shall not:
(1) Use an intrafacility telephone except as specifically required
or authorized by staff.
(2) Use a telephone capable of direct-dial connection with a
public telephone system, except as authorized by staff.
(3) Charge a call to a credit card.
(4) Place a third party call.
(5) Ask the operator for an emergency interruption.
(6) Place a call to an ‘‘800,’’ ‘‘900,’’ ‘‘976,’’ ‘‘911,’’ ‘‘411,’’ or
other special service number. Inmates that have a verified need to
utilize the (1-800) TDD or relay service shall notify the correctional staff to facilitate the (1-800) TDD call.
(7) Place a call to an inmate at any other facility.
(8) Place calls to victims, peace officers, or other persons who
have made an official written request not to receive telephone
calls.
(9) Knowingly participate in a forwarded, transferred, or threeparty call on an inmate telephone.
(d) Except as provided in this section, no limitation shall be
placed on the identities or relationships of persons to whom an
inmate may place a collect call.
(e) All inmate calls placed on intrafacility and inmate telephones may be subject to monitoring and recording at any time by
institution staff.
(f) A conspicuous notice in English and Spanish shall be posted
at each inmate telephone capable of recording and monitoring
stating in both languages: All numbers dialed and conversations on
this telephone may be recorded and may be monitored without any
further notice. By using this telephone, you agree to the monitoring
and recording. It is your responsibility to notify the person called
that their conversation and telephone number may be monitored
and will be recorded.’’ Staff who authorize an inmate to use an
unposted telephone for a nonconfidential call shall inform that
inmate before the call is made regarding the notice of monitoring/
recording requirement.
(g) If staff designated by the institution head determine that an
incoming call concerns an emergency or confidential matter, the
caller’s name and telephone number shall be obtained and the
inmate promptly notified of the situation. The inmate shall be
permitted to place an emergency or confidential call either collect
or by providing for the toll to be deducted from the inmate’s trust
account. A confidential call shall not be made on an inmate
telephone and shall not be monitored or recorded. If a call is
determined to be an attorney/inmate confidential phone call, in
order for the inmate to place or receive the call it must have
already received approval/clearance in accordance with subsections (g)(1), (g)(2) and (g)(4).
(1) Confidential calls may be approved on a case-by-case basis
by the institution head or designee, upon written request from an
attorney on the attorney’s office letterhead stationery. The request
shall be made by written request via U. S. Postal Service or
facsimile to the Institution Litigation Coordinator or designee. To
obtain approval/clearance, the attorney shall provide in writing the
following personal and professional information:
(A) Name.
(B) Mailing address.
(C) Date of Birth.
(D) Valid driver’s license or state-issued identification card
number.

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TITLE 15

3285. Association with Inmates.
Persons who are not department employees, but who work with
or near inmates are to be informed of the laws and regulations
governing association with prison inmates. Such persons will be
given, and be asked to read and acknowledge receipt of, Primary
Laws, Rules, and Regulations Regarding Conduct and Association
with State Prison Inmates, CDC Form 181.

shall be approved or denied on a case-by-case basis by staff
designated by the institution head.
(8) Inmates, approved attorneys/attorney representatives and
pending approval confidential phone call applicants may appeal
any departmental policies, staff decisions and institution/facility
procedures related to confidential phone calls by following the
appeals process as contained in Title 15, Section 3179. Appeals
Related to Visiting. Title 15, Section 3179 applies in its entirety.
(h) Telecommunication Device for the Deaf (TDD) telephones
shall be made available to inmates with a documented severe
hearing impairment for personal, emergency, and confidential
calls, which shall be subject to the provisions of this section.
(1) Assistive device telephones and additional time on telephones may be necessary to provide accommodations for inmates
and their callers with disabilities.
(2) The facility shall provide for the procedures necessary to
ensure effective telephone communications for inmates with disabilities and/or the disabled person(s) with whom they are communicating.
(i) All calls made on inmate telephones shall have an announcement before and at random intervals during the calls stating that
the call is from an inmate at a California state correctional facility
and is being recorded.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Change without regulatory effect amending section and adding
Note filed 5-7-98 pursuant to section 100, title 1, California Code
of Regulations (Register 98, No. 19).

3286. Controlling and Reporting Fights.
When inmates fight, the participants must be separated at once.
The participants will be placed in detention, unless in the judgment
of a superior officer circumstances do not warrant such action.
Employees who observe the fight will prepare a written report
stating clearly everything they observed, and will submit this
report to the disciplinary officer. The employee who renders the
report should, if possible, state who was the aggressor. The report
will include the time, place, names of participants, name(s) of
aggressor(s), the reason for the fight if it can be ascertained,
weapons used if any, names of witnesses, action taken if any, and
recommendations to prevent further recurrences.
Comment: Former DP-4217, controlling and reporting fights.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Amendment of subsection (d) filed 7-29-76; effective thirtieth day
thereafter (Register 76, No. 31).
2. Amendment of subsection (c) filed 2-16-83; effective thirtieth day
thereafter (Register 83, No. 8).
3. Amendment filed 7-8-93; operative 8-9-93 (Register 93, No. 28).
4. New subsection (k) filed 6-17-94 as an emergency; operative
6-17-94 (Register 94, No. 24). A Certificate of Compliance must be
transmitted to OAL by 10-15-94 or emergency language will be
repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with
amendments to OAL 10-17-94 and filed 12-1-94 (Register 94, No.
48).
6. Amendment 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.
7. Editorial correction of subsection (c)(6) (Register 98, No. 6).
8. Certificate of Compliance as to 7-28-97 order, including further
amendments, transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
9. Amendment of subsections (g)–(g)(1), including renumbering of
portion of subsection (g)(1) to new subsection (g)(5), new subsections (g)(1)(A)–(F), renumbering of former subsections (g)(2)–(3)
to new subsections (g)(6)–(7) and new subsections (g)(2)–(4) and
(g)(8) filed 1-8-2008; operative 2-7-2008 (Register 2008, No. 2).

3287. Cell, Property and Body Inspections.
(a) Insofar as possible, a cell, room, or dormitory bed area and
locker will be thoroughly inspected immediately upon its vacancy
and again, if there is a significant time lapse, before another inmate
is assigned to the same cell, room or dormitory bed and locker.
Such inspections are required and must be recorded for segregation, isolation and security housing unit cells. The purpose of such
inspections is to fix responsibility or the absence of responsibility
for security and safety hazards and serious contraband found in the
cell, room or dormitory area.
(1) Occupied cells, rooms and dormitory areas, including fixtures and lockers, and any personal and state-issued property of the
occupant will be inspected on an infrequent and unscheduled basis.
More frequent inspections will be conducted in specialized housing units, depending upon the security requirements of the unit and
the risk an individual inmate presents to that security.
(2) Cell and property inspections are necessary in order to
detect and control serious contraband and to maintain institution
security. Such inspections will not be used as a punitive measure
nor to harass an inmate. Every reasonable precaution will be taken
to avoid damage to personal property and to leave the inmate’s
quarters and property in good order upon completion of the
inspection.
(3) An inmate’s presence is not required during routine inspections of living quarters and property when the inmate is not or
would not otherwise be present. During special inspections or
searches initiated because the inmate is suspected of having a
specific item or items of contraband in his or her quarters or
property, the inmate should be permitted to observe the search
when it is reasonably possible and safe to do so.
(4) The inmate will be given a written notice for any item(s) of
personal and authorized state-issued property removed from his or
her quarters during an inspection and the disposition made of such
property. The notice will also list any contraband picked up or any
breach of security noted during the inspection, and the follow-up
action intended by the inspecting officer.
(b) An inmate is subject to an inspection of his or her person,
either clothed or unclothed, when there is a substantial reason to

3283. Unauthorized Persons.
Persons must not be permitted to be on institution grounds or in
community correctional centers without a legitimate purpose for
being there, nor shall persons be allowed to contact inmates
without authorization to do so.
Comment: Former DP-4214, unauthorized persons.
3284. Unattended Vehicles.
Ignition switches must be locked and keys must not be left in
any unattended vehicle on institution or community correctional
center grounds. Under no circumstances may alcoholic beverages,
drugs, firearms, toy guns, ammunition, or other items, which are
illegal or threaten the security of the institution be left in any
unattended vehicle on institution or community correctional center
grounds.
Comment: Former DP-4215, unattended vehicles.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

believe the inmate may have unauthorized or dangerous items
concealed on his or her person, or that he or she may have been
involved in an altercation of any kind. Such inspections may also
be a routine requirement for inmate movement into or out of high
security risk areas. Random or spot-check inspections of inmates
may also be authorized by the institution head to prevent possession and movement of unauthorized or dangerous items and
substances into, out of, or within the institution. Visual daily
inspections of inmates shall be made to ensure compliance with
departmental grooming standards. All such inspections shall be
conducted in a professional manner which avoids embarrassment
or indignity to the inmate. Whenever possible, unclothed body
inspections of inmates shall be conducted outside the view of
others.
(1) Correctional employees, other than qualified medical staff,
shall not conduct unclothed body inspections of inmates of the
opposite sex except under emergency conditions with life or death
consequences.
(2) Routine inspections of clothed male inmates may be performed by employees of either sex.
(3) Body inspection of clothed female inmates shall be conducted by female correctional employees only, except in emergency situations requiring the immediate search of inmates to
avoid the threat of death, escape, or great bodily injury. In such
emergency situations, male correctional employees may conduct
clothed body inspections only until sufficient numbers of female
correctional employees are available to assume critical body
search duties.
(4) Male correctional employees shall not, under any circumstances, perform non-emergency body searches of female inmates.
(5) Any inspection of body cavities, other than visual or metal
detector inspections, will be conducted in a medical setting under
the direct supervision of a physician. Any physical intrusion into
body cavities must be performed by a physician, and then only
after all less obtrusive methods have failed to bring the inspection
to a conclusion.
(c) Inspections of inmate cell or living areas, property, work
areas, and body shall be conducted on an unannounced, random
basis as directed by the institution head. Such inspections shall be
conducted no more frequently than necessary to control contraband, recover missing or stolen property, or maintain proper
security of the institution.
(d) A written record shall be maintained of the disposition of
contraband and stolen or missing property confiscated as the result
of cell, property, or body inspections.

§ 3290

8. Amendment of subsection (b)(1), new subsections (b)(2)–(4),
subsection renumbering and amendment of Note filed 5-26-2005 as
an emergency; operative 5-26-2005 (Register 2005, No. 21).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 11-2-2005 or emergency
language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-26-2005 order transmitted to
OAL 9-28-2005 and filed 11-1-2005 (Register 2005, No. 44).

3288. Notice to Public.
(a) Warning signs will be posted at the entrance to all public and
business roadways onto the grounds of institutions, camps and
other department facilities where inmates or parolees are housed,
and at all sally ports and pedestrian entrances into such facilities.
The signs will be in both English and Spanish and will, at a
minimum, display the following information:
(1) The name of the institution, camp or facility, and the fact
that it is a facility of the California Department of Corrections.
(2) The items that cannot be brought onto institution grounds.
Model language: It is unlawful to bring alcohol, drugs, weapons,
explosives, tear gas or tear gas weapons onto prison property.
(3) A warning that entrance on the property constitutes consent
to be searched. Model language: By entering these grounds you
consent to the search of your person, property and vehicle.
(b) Entrance roadway signs and the lettering will be of sufficient size to attract attention and be easily read by passing
motorists. Smaller but conspicuous signs will be posted at sally
ports and pedestrian entrances.
NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Amendment of subsection (a)(2) filed 4-18-80; effective thirtieth
day thereafter (Register 80, No. 16).

3289. Trespass.
(a) All areas of institutions including buildings and grounds are
closed to the general public, including employees of the department during their off-duty hours, at all times except for the purpose
of conducting lawful business and engaging in activities authorized in advance by the warden, superintendent or official in
charge. Entry on institution property for unauthorized purposes
will be considered trespass as provided in section 602(j) of the
Penal Code.
(b) Without regard for the reasons an individual or group may
have entered institution property, refusal or failure to leave the
property when requested to do so by the warden, superintendent,
official in charge or by an official authorized to act for the warden,
superintendent or official in charge, will be considered trespass as
provided in section 602(p) of the Penal Code.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; and Jordan v. Gardner, 986 F.2d 1521.
HISTORY:
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (a)(3) filed 2-22-79; effective thirtieth
day thereafter (Register 79, No. 8).
3. Amendment of subsection (b)(1) filed 8-22-79; effective thirtieth
day thereafter (Register 79, No. 34).
4. Amendment of subsection (b) and new subsection (c) and (d) filed
2-8-88; operative 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing error in subsection (b) (Register 92,
No. 5).
6. Amendment of subsections (b) and (c) filed 10-16-97 as an
emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to
Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 3-25-97 or emergency language will be
repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL
3-23-98 and filed 5-4-98 (Register 98, No. 19).

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 8-1-78 as an emergency; effective upon filing
(Register 78, No. 31).
2. Certificate of Compliance filed 11-21-78 (Register 78, No. 47).

3290.

Methods for Testing of Controlled Substances or
for Use of Alcohol.
(a) The department shall prescribe the products, equipment, and
methods for testing suspected controlled substances or for the use
of alcohol. ‘‘Field’’ or on-site testing shall be conducted only by
trained personnel.
(b) Field tests may be performed on any suspected substance
found on institution property or in the possession or under the
control of any inmate, or in the possession or under the control of
persons other than inmates who come on institution property.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

(c) The securing of a urine sample from an inmate, for the
purpose of testing for the presence of controlled substances or for
use of alcohol may be done for the following reasons:
(1) When there is reasonable cause to believe the inmate has
possessed, distributed, used, or is under the influence of a
controlled substance or alcohol.
(2) When mandatory random testing is known to the inmate to
be a condition for the inmate’s participation in a specific program,
assignment, or activity.
(3) As part of an authorized disposition of a disciplinary
hearing.
(4) The inmate is selected by the institution’s/facility’s random
drug testing selection process.
(d) Inmates must provide a urine sample when ordered to do so
pursuant to these regulations, for the purpose of testing for the
presence of controlled substances or the use of alcohol.
(e) Field testing of seized substances that are suspected of being
a controlled substance shall be conducted for ‘‘screening’’ purposes only. Disciplinary action for possession of a controlled
substance based solely on a field test shall not include the loss of
work/behavior credits unless a laboratory has confirmed that the
suspected substance is in fact a controlled substance, or the inmate
has admitted to possessing the controlled substance, accepts the
results of a field test, and waives the requirement of testing by a
laboratory, and has signed a document to that effect.
(f) The positive test results from a urine sample submitted for
testing for the presence of an unauthorized controlled substance or
alcohol that has been confirmed as positive by a departmentally
approved testing method may be considered as sufficient evidence
to support a guilty finding for use of the controlled substance or
alcohol.
(g) When evidence remaining after a field test or resulting from
a field test is not suitable or sufficient for submission to a
laboratory for confirmation of the field test, the field test results
may be considered in a disciplinary hearing for possession of a
controlled substance. Under such circumstances, a finding of
guilty shall be based upon the preponderance of all evidence
presented at the disciplinary hearing. Although no credit loss
action may be taken when the only evidence being considered by
the hearing official is the result from a field test, other authorized
disciplinary actions may be taken pursuant to section 3315 for
violations of 3016(a).
(h) The identification of unauthorized medication, to include
any medication considered to be a controlled substance as described in section 3000, must be confirmed by a licensed pharmacist and that confirmation may be used as evidence in a disciplinary hearing. There shall be no requirement for laboratory testing of
intact medications when identification of the controlled medication
has been confirmed by a pharmacist. The pharmacist will indicate
whether the medication contains any of the substances listed in
Health and Safety Code (H&SC) section 11007 to enable the
determination of the appropriate classification level pursuant to
section 3323 relative to a disciplinary violation for unauthorized
possession or distribution of the medication.

TITLE 15

4. Amendment of subsections (a) and (e) and new subsection (h) 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.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment of subsections (a) and (e) and new subsection (h) 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.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed
10-26-88 (Register 88, No. 50).
8. Amendment of subsections (c), (g), and (h) filed 6-2-95 as an
emergency; operative 6-5-95 (Register 95, No. 22). A Certificate of
Compliance must be transmitted to OAL by 11-12-95 pursuant to
Penal Code section 5058(e)(1) or emergency language will be
repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-2-95 order transmitted to OAL
10-2-95 and filed 10-17-95 (Register 95, No. 42).
10. Amendment filed 8-27-98 as an emergency; operative 8-27-98
(Register 98, No. 35). A Certificate of Compliance must be
transmitted to OAL by 2-3-99 or emergency language will be
repealed by operation of law on the following day,
11. Amendment refiled 2-3-99 as an emergency, including further
amendment of subsection (g); operative 2-3-99 (Register 99, No.
6). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 7-13-99 or emergency
language will be repealed by operation of law on the following
day.
12. Certificate of Compliance as to 2-3-99 order transmitted to OAL
5-12-99 and filed 6-24-99 (Register 99, No. 26).
13. Amendment of section heading and section filed 8-4-2008;
operative 8-4-2008 pursuant to Government Code section 11343.4
(Register 2008, No. 32).

3291.

Employee Law Enforcement and Peace Officer
Personnel.
(a) Law Enforcement Responsibility. All employees of the
Department shall be responsible to enforce laws, regulations and
procedures which govern the actions and activities of inmates,
parolees and of persons who come into contact with inmates and
parolees. Employees who are not designated as peace officers,
whose normal assigned job duties do not require custody and
supervision of inmates or parolees, or in situations where it would
be inappropriate or unsafe to intervene in unauthorized actions or
activities, shall notify or seek the assistance of other employees,
including peace officer employees. In an emergency, all employees
shall respond as directed by proper authority.
(b) Peace Officer Personnel. Peace officers are departmental
employees holding peace officer positions as defined by law or as
designated by the director of corrections. Non-peace officer
employees temporarily assigned to perform only the administrative
duties of positions held by peace officers shall not be designated as
peace officers.
(c) The peace officer authority of employees in (b) extends only
to the authority necessary to perform the duties assigned to them,
and as specifically authorized by the director in state emergency
and mutual aid agreements. Employees designated in subsection
3291(b) are peace officers when performing the duties of their
employment within this State, and retain that status outside this
State when they are transporting prisoners or apprehending of
prisoners who have escaped.
(d) In addition to being designated peace officers as described
in subsections 3291(b) and (c), parole agents’ peace officer
authority extends to the enforcement of conditions of parole
imposed upon persons on parole in this state and to violations of
any penal provisions of law which is discovered in the course of
their employment.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 4573.6 and 5054, Penal Code.
HISTORY:
1. Renumbering of former Section 3290 to Section 3295 and new
Section 3290 filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Amendment of subsections (a) and (e) and new subsection (h) 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.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).

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§ 3294.5

(1) The examinee has, without coercion, signed a written
statement of consent to the examination.
(2) The polygraph examiner is a Office of Correctional Safety
staff member.
(3) The Assistant Secretary or designee, Office of Correctional
Safety, has approved the examination.
(b) Polygraph examinations shall not be used as an alternative
to regulatory requirements for determining a person’s guilt or
innocence of charges in disciplinary matters.

(e) In addition to being designated peace officers as described in
subsections 3291(b) and (c), the peace officer authority of agents
of the Office of Correctional Safety peace officers extends
throughout the state while performing their primary job duties,
including the investigation and apprehension of parole violators
and the investigation of the violation of any penal provisions of
law which is discovered in the course of their employment, and to
coordination of the Department’s law enforcement activities with
those of other law enforcement and criminal justice agencies.
(f) In addition to being designated peace officers as described in
subsections 3291(b) and (c), the authority of peace officer members of the Office of Internal Affairs, who meet the training
standards described in PC Section 830.2(d)(2), extends throughout
the state while they are performing their primary job duties,
including criminal investigations of departmental personnel and
the coordination of those activities with other criminal justice
agencies.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
3307, Government Code; Section 5054, Penal Code; and Long Beach
City Employee’s Association v. City of Long Beach (1986) 41 Cal.3rd
937, 227 Cal.Rptr. 90.
HISTORY:
1. New section filed 2-27-89; operative 3-29-89 (Register 89, No. 10).
2. Change without regulatory effect of subsections (a) and (b) pursuant to section 100, title 1, California Code of Regulations filed
2-21-90 (Register 90, No. 11).
3. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 6).
4. Change without regulatory effect amending subsections (a)(2) and
(a)(3) filed 4-18-2008 pursuant to section 100, title 1, California
Code of Regulations (Register 2008, No. 16).

NOTE: Authority cited: Sections 830.5(f) and 5058, Penal Code.
Reference: Sections 830.2(d) and 830.5(a) and (b), Penal Code.
HISTORY:
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Amendment of subsection (b) filed 12-18-80 as an emergency;
effective upon filing (Register 80, No. 51). A Certificate of
Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 4-17-81.
3. Order of Repeal of 12-18-80 order filed 12-26-80 by OAL pursuant
to Government Code Section 11349.6 (Register 80, No. 52).
4. Amendment of subsection (b) filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
5. Amendment of subsection (b) filed 10-27-82; effective thirtieth day
thereafter (Register 82, No. 44).
6. Amendment of section heading, section and Note filed 2-14-2001;
operative 3-16-2001 (Register 2001, No. 7).
7. Change without regulatory effect amending subsections (a)–(c) and
(e) filed 4-18-2008 pursuant to section 100, title 1, California Code
of Regulations (Register 2008, No. 16).

3294.1. Inmate Operation of a Motor Vehicle.
Notwithstanding provisions of the Vehicle Code, inmates shall
not drive any vehicle on a public road except in extreme emergency, when taking a Department of Motor Vehicles’ Driver’s test,
or when their use of a personal vehicle is specifically authorized.
Inmates may drive a state vehicle on off highway work projects or
on facility grounds only when specifically authorized by staff or by
the inmate’s work supervisor.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
4570 and 5054, Penal Code.
HISTORY:
1. Renumbering of former section 3073 to new section 3294.1,
including amendment of section and section heading filed
10-27-93; operative 11-26-93 (Register 93, No. 44).

3292. Arrest and Detention.
(a) It is the policy of the department to arrest and detain
civilians only when their unlawful actions or activities present an
immediate and significant threat to the custody and control of
inmates, parolees, employees and the public.
(b) It is the policy of the department to only effect the arrest and
detention of a civilian when there is sufficient cause to believe that
the individual’s unlawful action or activity is deliberate and
intended for a purpose described in (a). Suspicion of unlawful
actions or activities will not be cause for the arrest and detention
of an individual, but may be cause for ordering or escorting the
individual off departmental property or institution grounds, and for
referral to local authorities.
(c) Wardens, superintendents and administrators of institutions
and facilities which house inmates or parolees will establish and
maintain up-to-date local procedures reflecting the policies set
forth in this section. Such local procedures will include provisions
for informing individuals of their rights and for referral of cases to
local authorities. Such procedures will be reviewed annually by the
administrator, and will be made available for departmental audit
and for inspection as a public record when requested.

3294.5. Inmate Name Change.
(a) All inmate or parolee requests for a legal name change shall
initially be reviewed by the Warden or Regional Parole Administrator who shall either recommend approval for a legal name
change or deny the request for a legal name change.
(b) If the request is denied, the Warden or Regional Parole
Administrator shall respond to the inmate or parolee in writing
with the reasons for denial. A copy of the denial shall be placed in
the miscellaneous section of the inmate/parolee’s central file.
(c) If the Warden finds reasons that exist to warrant an inmate’s
request for a name change, then the Warden shall forward the
request to the Institutions Division Regional Administrator, along
with a memorandum listing the reasons for recommending approval. A copy of the memorandum shall be placed in the
miscellaneous section of the inmate’s central file.
(d) If the regional parole administrator finds reasons that exist
to warrant a parolee’s request for a name change, then the regional
parole administrator shall forward the request to the deputy
director, Division of Adult Parole Operations (DAPO), along with
a memorandum listing the reasons for recommending approval. A
copy of the memorandum shall be placed in the miscellaneous
section of the parolee’s central file.
(e) If the Institutions Division regional administrator or the
deputy director, DAPO, agrees with the recommendation to
approve the request for a name change of an inmate or parolee, a
letter shall be forwarded to the court explaining why the Department is recommending approval for a name change, along with the
inmate/parolee’s request. A copy of the letter shall be placed in the
miscellaneous section of the inmate/parolee’s central file.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).

3293. Polygraph Examinations.
(a) Polygraph examinations may be administered by departmental staff to inmates, parolees, and employees in the course of
an investigation of official matters, under the following conditions:

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(f) If the Institutions Division regional administrator or the
deputy director, DAPO, denies the request for a name change of an
inmate or parolee, a letter shall be forwarded to the inmate or
parolee with the reasons for denial. A copy of the letter shall be
placed in the miscellaneous section of the inmate/parolee’s central
file.
(g) Upon receiving final approval from the court with the
ordered name change and receiving departmental approval, the
Correctional Case Records Manager shall notify the facility
mailroom and visiting room of the name change if the offender is
incarcerated; or shall notify the agent of record if the offender is on
parole. The court order shall be placed in the miscellaneous section
of the inmate/parolee’s central file, along with other documents
related to the request for a name change.
(h) The mailroom and visiting room staff of the facility shall
update their records to reflect the additional name of the inmate.
(i) The original commitment name of the inmate or parolee
shall remain on all departmental records and shall continue to be
used on all departmental records.
(j) The new legal name change shall be entered into the
Offender Based Information System (OBIS) under the section
‘‘Also Committed As.’’
(k) The inmate shall be notified to inform all persons who may
visit or write him/her that they must use the inmate’s departmental
identification number when using the inmate’s new name.
(l) If the court ordered name change is received without
departmental approval, this clearly indicates that the inmate/
parolee has not followed proper procedure to legally change
his/her name. In this case, the warden or regional parole administrator shall notify the issuing court in writing that the name change
cannot legally be changed without the Secretary’s approval pursuant to the Code of Civil Procedure, Section 1279.5. A copy of the
letter shall be placed in the miscellaneous section of the inmate/
parolee’s central file and a copy shall be provided to the inmate/
parolee.

HISTORY:
1. Renumbering of section 3291 to section 3296 filed 8-18-78;
effective thirtieth day thereafter (Register 78, No. 33).

3297. Air Space Management.
(a) Staff and inmates shall be notified and warning signs posted
to indicate that any inmate who without authorization moves
toward an aircraft on or near facility property may be fired upon to
prevent an escape.
(b) If an aircraft enters a facility’s air space for an apparent
escape attempt, staff shall act to prevent any escape.
(1) Firearms shall not be used to bring down or disable an
aircraft in flight.
(2) If the aircraft is on the ground on or near facility property,
staff shall take any action necessary, including use of firearms, to
disable the aircraft.
(3) Return fire may be directed at an attacker within an aircraft
if no other means is available to save the lives of innocent or
uninvolved persons.
(4) Inmate failure to comply with orders to move away from
any grounded aircraft shall be considered an attempt to escape.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
835a and 5054, Penal Code.
HISTORY:
1. New section filed 12-20-91 as an emergency; operative 12-20-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by
operation of law on the following day.

Article 4.

Disorders and Emergencies

3300. Prevention of Disorders.
It is the duty of every employee to do everything possible to
prevent disorders. Each employee must be trained to be familiar
with the procedures for handling disorders. Disorders and other
emergencies must be reported to supervisory staff at the earliest
possible moment. Whenever a disorder occurs, a prompt investigation will be made by the warden or superintendent.
Comment: Former DP-4401, prevention of disorders.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; and Section 1279.5, Code of Civil Procedure.
HISTORY:
1. New section filed 1-3-95 as an emergency; operative 1-3-95
(Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 1-3-95 order including amendment
of subsection (l) transmitted to OAL 5-3-95 and filed 6-14-95
(Register 95, No. 24).
3. Amendment of subsections (d)–(f) and (l) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).

Article 3.

TITLE 15

3301. Disturbance Control Plan.
Each warden or superintendent must have in effect at all times
a plan, approved by the director, for meeting emergencies, such as
riots, strikes, attacks upon inmates, visitors or staff, explosions or
fires, suicides or attempted suicides, and accidental injuries to
inmates or visitors or employees. This plan must include procedures for requesting assistance from outside the institution when
circumstances warrant.
Comment: Former DP-4402, disturbance control plan.

Escapes

3302. Emergency Preparedness Plan.
(a) Each warden and superintendent must have in effect at all
times a plan approved by the director for meeting emergencies
delineated and required by the California Emergency Services Act
of 1970.
(b) This plan will include, as a minimum, emergency measures
to be taken to prepare for and respond to the following types of
emergency situations:
(1) War.
(2) Earthquakes.
(3) Seismic sea waves;
(4) Flood;
(5) Fire;
(6) Civil Disturbances;
(7) Accident, transportation-industrial, and;
(8) Pollution.
(c) A separate Employee Protection Plan will be developed in
accordance with the California Emergency Services Act. Two

3295. Duty of Employees to Prevent Escapes.
It is the duty of every employee to do everything possible to
prevent the escape of an inmate.
Comment: Former DP-4301, duty of employees to prevent
escapes.
HISTORY:
1. Renumbering of section 3290 to section 3295 filed 8-18-78;
effective thirtieth day thereafter (Register 78, No. 33).

3296. Escape Pursuit Plan.
Each warden and superintendent must have in effect at all times
a plan of operations for the reporting of escapes, and for the pursuit
and apprehension of escapees. Each employee must be instructed
in the general and special procedures that he or she is to follow.
Such plans must be in writing and be reviewed annually by the
warden or superintendent.
Comment: Former DP-4302, escape pursuit plan.

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copies of this plan will be attached to the emergency preparedness
plan when that plan is submitted to the director for approval.
(d) Emergency preparedness plans and the employee protection
plan will be revised and updated by the warden or superintendent
and be submitted to the director for approval biennially.

§ 3303

(5) A facility’s mutual aid participation shall not jeopardize the
facility or violate minimum safety standards.
(b) Control of harmful physical agents and toxic or hazardous
substances.
(1) No staff member or inmate shall use or handle harmful
physical agents and toxic or hazardous substances as defined in 8
CCR, subchapter 7, Sections 3204(c)(13) and 5194(c), until trained
in the safe handling of and emergency procedures for the use and
handling of such agents or substances.
(2) Except for authorized use of gasoline, inmates shall not,
without direct staff supervision, have access to harmful physical
agents and hazardous or toxic substances, or the inventories of
such agents or substances.
(c) Control of tools.
(d) Control of armory and armaments, including firearms,
ammunition, chemical agents, and any explosives under the
institution’s control.
(e) Control of keys and security locking devices.

HISTORY:
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).

3303. Safety and Security.
Institution heads shall maintain procedures for controlling the
following safety and security hazards within facilities:
(a) Fire prevention and suppression.
(1) Mattresses, cushions, and pads shall not be used in the living
areas of departmental facilities unless they are certified by the
manufacturer as meeting the bureau of home furnishings’ Technical Information Bulletin Number 121.
(2) Noncombustible receptacles shall be provided in inmate
living areas for disposal of such forms of refuse as cans, paper, and
dust, and the disposal of flammable liquids and rags shall be in
accordance with the uniform fire code.
(3) Facilities with female inmates shall have a complement of
female firefighters assigned to its fire department.
(4) Staff and inmates shall be familiar with fire evacuation
routes, exits, and procedures. An evacuation drill shall be conducted quarterly on each watch. Where such drill would jeopardize
personal safety or facility security, staff shall conduct a walkthrough of the procedures.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of subsection (b) and new subsections (b)(1)–(2) and
Note filed 8-21-92; operative 9-21-92 (Register 92, No. 34).
3. Amendment of first paragraph and adoption of subsections (a)(1)–
(5) and form filed 11-10-93; operative 12-22-93 (Register 93,
No. 46).

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(2) Custodial Counseling Chrono. When similar minor misconduct recurs after verbal counseling or if documentation of minor
misconduct is needed, a description of the misconduct and
counseling provided shall be documented on a CDC Form 128-A,
Custodial Counseling Chrono. A copy of the completed form shall
be provided to the inmate and the original placed in the inmate’s
central file. Disposition of any contraband involved shall be
documented in the CDC Form 128-A.
(3) Rules Violation Report. When misconduct is believed to be
a violation of law or is not minor in nature, it shall be reported on
a CDC Form 115 (Rev. 7/88), Rules Violation Report.
(A) Unless an inmate charged with serious misconduct requires
temporary administrative segregation pursuant to section 3335(b)
pending adjudication of the disciplinary charges, the inmate may
be retained in regularly assigned housing, work, and program
assignments.
(B) If the inmate is placed in segregated housing pending the
disciplinary proceedings, the official making the housing decision
shall ensure compliance with the provisions of article 7 of this
subchapter.
(b) Chief Disciplinary Officer Review of Disciplinary Actions.
All disciplinary methods and actions shall be reviewed by the chief
disciplinary officer, who shall be the institution head or a designee
not below the level of correctional administrator or parole administrator I.
(1) The chief disciplinary officer shall affirm, reverse or modify
the disciplinary action and/or credit forfeiture. The chief disciplinary officer may order a different action, order a different method of
discipline, dismiss a charge, order a rehearing of the charge, or
combine any of these actions.
(2) Except upon discovery of information or evidence not
available or reasonably discoverable at the time of a disciplinary
action, an order for a different method of discipline or for
rehearing of the charges shall not result in a greater penalty or
more severe action than that originally taken.

3304. Hostages.
Employees must not permit inmates or others to use hostages to
escape from custody or otherwise interfere with orderly institutional operations. Hostages will not be recognized for bargaining
purposes. All inmates, visitors and staff will be informed of this
regulation.
Comment: Former DP-4405, hostages.

Article 5.

Inmate Discipline

3310. Definitions.
The following terms are defined for the purposes of this article:
(a) 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.
(b) Community-access facility means a facility located in the
community, administered by the Parole and Community Services
Division, where inmates have access to the community for work or
training and which has no secure (fenced or walled) perimeter.
(c) Community correctional facility means a facility located in
the community, administered by the Parole and Community
Services Division, where inmates do not have unsupervised access
to the community and which has a secure (fenced) perimeter.
(d) Experienced means a permanent employee at the designated
level, certified by the Chief Disciplinary Officer (CDO) or
designee as competent to serve as a senior hearing officer or
hearing officer, as specified. Requirements for certification shall
include in-service or on-the-job training in disciplinary procedures
and observation of five serious/administrative disciplinary hearings. A probationary, limited term, or training and development
employee at the designated staff level may be certified as experienced. Acting staff whose permanent position is at a level lower
than that required shall not be assigned senior hearing officer/
hearing officer responsibility.
(e) Facility means any institution; community-access facility or
community correctional facility; or any camp or other subfacility
of an institution under the jurisdiction of the department.
(f) Institution means a large facility or complex of subfacilities
with a secure (fenced or walled) perimeter headed by a warden.

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2932 and 5054, Penal Code.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054, 6252 and 6260, Penal Code.
HISTORY:
1. Amendment of article 5 heading, repealer and new section filed
5-5-95; operative 6-5-95 (Register 95, No. 18).
2. Amendment of subsection (d) filed 8-4-2008; operative 8-4-2008
pursuant to Government Code section 11343.4 (Register 2008,
No. 32).

3311.

§ 3312

HISTORY:
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (c) filed 2-15-80; effective thirtieth day
thereafter (Register 80, No. 7).
3. Repealer of subsections (c) and (d) and new subsections (c), (d), (e),
and (f) filed 4-18-80; effective thirtieth day thereafter (Register 80,
No. 16).
4. Amendment of subsection (d) filed 5-4-83; designated effective
6-1-83 pursuant to Government Code section 11346.2(d) (Register
83, No. 19).
5. Amendment of subsection (b) filed 2-8-88; operative 3-9-88
(Register 88, No. 7).
6. Editorial correction of printing errors in CDC Forms 115 and 115-A
and descriptive text (Register 92, No. 5).
7. Amendment including relocation of former subsections 3317(a)–
(b)(2) to subsections 3312(a)(3)(A)–(B) filed 5-5-95; operative
6-5-95 (Register 95, No. 18).

Reporting Rule Violations.

NOTE: Authority cited: section 5058, Penal Code. Reference: section
5054, Penal Code.
HISTORY:
1. Amendment filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
2. Repealer filed 5-5-95; operative 6-5-95 (Register 95, No. 18).

3312. Disciplinary Methods.
(a) Inmate misconduct shall be handled by:
(1) Verbal Counseling. Staff may respond to minor misconduct
by verbal counseling. When verbal counseling achieves corrective
action, a written report of the misconduct or counseling is
unnecessary.

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125

§ 3312

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

3313.

Classification of Rules Violation Report and Notice of
Pending Charges.
(a) Each CDC Form 115 shall be classified by designated staff
not below the level required to conduct serious disciplinary
hearings. Exception: In facilities with only one individual at the
rank of correctional lieutenant or higher, an experienced correctional sergeant may classify rule violations.
Reports shall be classified as administrative or serious pursuant
to sections 3314 and 3315.
(1) A CDC Form 804 (Rev. 08/00), Notice of Pending CDC115, shall be completed by the classifying official and forwarded,
with a copy of the CDC Form 115 attached, to Case Records
within 48 hours of the inmate being charged with a serious level
offense (Division ‘‘F’’ through ‘‘A-1’’). Case Records staff shall
file the CDC Form 804 with an attached copy of the CDC Form
115 in the inmate’s Central File (C-File) within one working day
of receipt in the Case Records office.
(A) For parole violators who are charged with any Division
‘‘A’’, ‘‘B’’, or ‘‘C’’ offense, or any inmate who refuses to sign
general and/or special conditions of parole or any form required by
the Department of Justice explaining his/her responsibility to
register under Penal Code section 290, Case Records staff shall
ensure that the C-File containing the CDC Form 804 and attached
copy of CDC Form 115 be expedited to the Classification and
Parole Representative to ensure revocation or revocation extension
processes are initiated.
(b) Staff who review or classify a CDC Form 115 shall not
serve as the disciplinary hearing official for that rule violation.
(c) The classification of a CDC Form 115 may be changed as
follows:
(1) Before the disciplinary hearing, the official who initially
classified a CDC Form 115 or staff at a higher level may change
the classification of the CDC Form 115.
(2) During the disciplinary hearing, the official conducting the
hearing may reduce a serious classification to administrative as a
finding of the hearing if the reduced charge meets the criteria of an
administrative violation as described in section 3314.
(3) After the disciplinary hearing, the chief disciplinary officer
may reduce a serious classification to administrative if the reduced
charge meets the criteria of an administrative violation as described in section 3314.
(4) After the disciplinary hearing, an administrative classification shall not be changed to serious unless the chief disciplinary
officer or director orders a rehearing of the charges as a serious
rule violation.
(A) When a rehearing is ordered by the chief disciplinary
officer or director, the inmate shall be provided all rights and
procedural safeguards of a serious rule violation hearing.
(B) An order for a rehearing shall be in writing and shall
include the reasons for the order. A copy of the order shall be
provided to the inmate.
(C) Time limitations relative to the re-issued CDC Form 115
shall commence on the date the chief disciplinary officer issues the
order to re-hear pursuant to section 3320(a). Credit forfeiture will
not be allowed if the time limitations were violated on the original
CDC Form 115 that was ordered re-issued/re-heard.
(5) If the CDC Form 115 is reclassified from administrative to
serious, the inmate shall receive written notice and shall be subject
to the provisions of Section 3315 of these regulations.

TITLE 15

3. Repealer and new section filed 4-18-80; effective thirtieth day
thereafter (Register 80, No. 16).
4. Amendment of subsection (c) filed 5-4-83; designated effective
6-1-83 pursuant to Government Code Section 11346.2(d) (Register
83, No. 19).
5. Amendment of section heading, section and Note filed 5-5-95;
operative 6-5-95 (Register 95, No. 18).
6. Change without regulatory effect amending Note filed 11-10-97
pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 46).
7. Editorial correction establishing correct hierarchy for subsection
designators (Register 2000, No. 23).
8. Amendment of subsection (b) 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.
9. Amendment of subsection (b) 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.
10. Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. New subsections (a)(1) and (a)(1)(A), amendment of subsections
(c)(2)–(3) and new subsection (c)(4)(C) filed 8-4-2008; operative
8-4-2008 pursuant to Government Code section 11343.4 (Register
2008, No. 32).

3314. Administrative Rule Violations.
(a) Inmate misconduct reported on a CDC Form 115 shall be
classified administrative if:
(1) The misconduct does not constitute a misdemeanor offense,
except as provided in (3) below.
(2) It does not involve any of the following circumstances:
(A) The use or threat of force or violence against another
person.
(B) A breach of or hazard to facility security.
(C) A serious disruption of facility operations.
(D) The introduction, use, or possession of controlled substances or alcohol.
(E) Possession of dangerous contraband.
(F) Continued failure to meet program expectations.
(G) Any felony offense.
(3) Administrative rule violations include but are not limited to:
(A) Possession of property, materials, items, or substances in
excess of authorized limits, or possession of contraband other than
controlled substances or dangerous contraband.
(B) Misuse of food.
(C) Out-of-bounds presenting no threat to facility security.
(D) Misuse of telephone privileges presenting no threat to
facility security.
(E) Mail or visiting violations presenting no threat to facility
security.
(F) Failure to meet work or program expectations within the
inmate’s abilities.
(G) Late for or absent without authorization from a work or
program assignment.
(H) Use of vulgar or obscene language.
(I) Failure to follow an itinerary when on temporary community
leave from a community-access facility.
(J) Under the influence (use) of alcoholic beverages, drugs, or
intoxicants in a community-access facility.
(K) Failure to comply with departmental grooming standards.
(b) Administrative rule violations shall be heard by a disciplinary hearing official not below the level of a correctional lieutenant,
or an experienced correctional counselor I, parole agent I or
correctional sergeant.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2932 and 5054, Penal Code; In re Hamilton (1991) 230
Cal.App.3d 1592, 281 Cal. Rptr. 900.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

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(c) The inmate does not have the right to call witnesses or to
have an investigative employee assigned.
(d) If deemed necessary by the hearing official, the hearing
shall be suspended and the inmate shall be provided staff assistance pursuant to section 3318(b).
(e) The hearing official may find the inmate guilty and order
one or more of the following dispositions:
(1) Counseling, with or without a reprimand.
(2) Suspension of privileges specified by the hearing official for
no more than a 30-day period starting the date the rule violation
report was adjudicated, except as authorized in section
3314(e)(10).
(3) Placement into privilege group B or C for no more than a
30-day period starting the date the rule violation report was
adjudicated.
(4) Confinement to quarters pursuant to section 3333 for one or
more weekends and/or holidays, not to exceed ten days and not to
be imposed with subsection (6) or suspended confinement.
(5) Assignment to no more than 40 hours of extra duty.
(6) Confinement to quarters for a period not to exceed five
consecutive days. Inmates serving confinement to quarters shall be
released to attend work and program assignments.
(7) Placement of a restriction or hold on the inmate’s trust
account for rule violations involving state or personal property as
described in section 3190 when the inmate refuses to pay for the
repair or replacement of such property or canteen.
(8) Suspension of all or part of any disposition for up to 90 days
based on the inmate’s acceptance of and compliance with conditions specified for suspension of the disposition.
(9) Imposition of all or part of an existing suspended disposition
when the current rule violation is also a violation of conditions
imposed at the time of the suspension.
(10) Inmates placed in ASU, SHU, PSU, Privilege Group D ,
who are found guilty of any RVR deemed administrative per this
section are subject to temporary loss of entertainment appliances
as follows:
A. Thirty days for the first offense
B. Sixty days for the second offense.
C. Ninety days for the third offense.
(f) The hearing official may find the inmate guilty of the charge
but, in the interest of justice or because of extenuating circumstances, dismiss the formal rule violation charge and report the
misconduct as a custodial counseling on a CDC Form 128-A
pursuant to section 3312. In such cases the CDC Form 115 shall be
processed pursuant to section 3326.
(g) The hearing official may find the inmate not guilty and
dismiss the charges.
(h) The hearing official may designate the rule violation serious
if it is determined in the fact-finding phase of an administrative
violation hearing that the misconduct is a serious rule violation.
The disciplinary hearing official shall terminate the hearing and
issue a serious CDC Form 115 to the inmate.
(i) Classification Committee Review. When the hearing official
determines that an inmate is a program failure, as defined in
section 3000, the hearing official shall refer the administrative
disciplinary action for possible review by a classification committee to affirm or modify the inmates program, work/privilege group,
or housing assignment.

§ 3315

4. Amendment of subsections (a) and (d)(5) filed 5-4-83; designated
effective 6-1-83 pursuant to Government Code Section 11346.2(d)
(Register 83, No. 19).
5. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. New subsection (a)(3)(L) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL
by 3-25-97 or emergency language will be repealed by operation of
law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL
3-23-98 and filed 5-4-98 (Register 98, No. 19).
8. Amendment 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 6-172004 or emergency language will be repealed by operation of law
on the following day.
9. Amendment of section, including further amendment of subsection
(e)(4), 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 11-242004 or emergency language will be repealed by operation of law
on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. Amendment of subsections (c)(2)(D)–(E), new subsections
(c)(2)(F)–(G), repealer of subsection (c)(3)(A), subsection relettering, amendment of subsection (e)(2) and new subsections
(e)(10)–(e)(10)C. filed 8-4-2008; operative 8-4-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 32).

3315. Serious Rule Violations.
(a) Inmate misconduct reported on a CDC Form 115 shall be
classified serious if:
(1) It is a serious disciplinary offense not specified as administrative in section 3314(a)(3), an offense punishable as a misdemeanor, whether or not prosecution in undertaken, or is a felony,
whether or not prosecution is undertaken.
(2) It involves any one or more of the following circumstances:
(A) Use of force or violence against another person.
(B) A breach of or hazard to facility security.
(C) A serious disruption of facility operations.
(D) The introduction, distribution, possession, or use of controlled substances, alcohol, or dangerous contraband.
(E) An attempt or threat to commit any act listed in (A) through
(D), coupled with a present ability to carry out the threat or attempt
if not prevented from doing so.
(3) Serious rule violations include but are not limited to:
(A) Misconduct reportable to the inmate’s releasing authority.
(B) Theft, embezzlement, destruction, or damage to another’s
personal property or state property amounting to more than $50.
(C) Hideout, preparation to escape, or possession of escape
paraphernalia.
(D) Tattooing or possession of tattoo paraphernalia.
(E) Manufacture of alcohol or possession of any controlled
substance, unauthorized drug, intoxicant, or illegal substance.
(F) Being under the influence or use of alcoholic beverages,
controlled substances, unauthorized drugs or intoxicants in an
institution, community correctional facility, or camp.
(G) Possession of five dollars or more without authorization.
(H) Acts of disobedience or disrespect which by reason of
intensity or context create a potential for violence or mass
disruptive conduct.
(I) Willfully inciting others to commit an act of force or
violence.
(J) Refusal to perform work or participate in a program as
ordered or assigned.
(K) Recurring failure to meet work or program expectations
within the inmate’s abilities when lesser disciplinary methods
failed to correct the misconduct.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Amendment of subsection (d)(2) filed 8-22-79; effective thirtieth
day thereafter (Register 79, No. 34).

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TITLE 15

official shall evaluate the inmate’s objection(s) and, if determined
to be reasonable, assign an alternate investigative employee to
complete the investigation. If the classifying official determines
that the inmate’s objections are not reasonable, the original
investigative employee shall complete the investigation. The
inmate’s objection must be expressed prior to the beginning of the
investigation. The classifying official shall note on the CDC Form
115-A his/her decision to deny or approve a request for an alternate
investigative employee, and if denied, explain the reason(s) for
denial.
(E) Assignment of an investigative employee shall not preclude
the assignment of a staff assistant.
(2) Staff Assistant.
(A) The inmate shall be assigned a staff assistant, as described
in section 3318(b), to assist in the preparation, and presentation of
a defense at the disciplinary hearing if the classifying official
determines:
1. The inmate is illiterate or non-English speaking.
2. The complexity of the issues are such that assistance is
necessary so the inmate comprehends the nature of the charges or
the disciplinary process
3. The inmate’s disability is such that staff assistance would be
necessary for the inmate to participate in the disciplinary process.
(B) At any point prior to the disciplinary hearing, if it is
discovered that the inmate may need a staff assistant, the classifying official or staff at an equal or higher rank, shall be advised
in writing of the need, and if appropriate per section
3315(d)(2)(A), order the assignment of the staff assistant. If the
need for staff assistance is discovered by the hearing official at the
time of the disciplinary hearing, the hearing official shall postpone
the hearing and order the assignment of the staff assistant. In either
instance, the inmate shall be provided at least a 24 hour time period
to allow for preparation with the assigned staff assistant prior to
participating in the disciplinary hearing.
(C) An inmate may refuse to accept the first staff assistant at the
time of assignment or at any time during the disciplinary process.
(D) If the inmate refuses the staff assistant at the time of initial
assignment, a second staff assistant shall be assigned.
(E) If the inmate refuses to accept the second staff assistant or
withdraws acceptance of an assigned staff assistant, the assignment
of another staff assistant shall not be required unless the chief
disciplinary officer or designee determines that a fair hearing
cannot be held without staff assistance.
(1) Inmate participants in the Mental Health Services Delivery
System at the level of Enhanced Outpatient Program, Mental
Health Crisis Bed, Department of Mental Health, or Developmentally Disabled Program participants at the level of DD1-DD3 are
ineligible to waive or refuse the assignment of a staff assistant. The
staff assistant shall perform his/her required duties to the extent
possible despite a waiver or refusal by the ineligible inmate to
cooperate.
(F) Assignment of a staff assistant shall not preclude assignment of an investigative employee.
(1) When an inmate has been assigned a staff assistant and an
investigative employee, the staff assistant must be present during
any questioning by the investigative employee.
(e) Witnesses. An inmate may request that friendly and adverse
witnesses attend the hearing.
(1) Requested witnesses shall be called unless the official
conducting the hearing denies the request for one of the following
reasons:
(A) The appearance would endanger the witness.
(B) The official determines that the witness has no relevant or
additional information.
(C) The witness is unavailable.
(2) If an inmate’s request for a witness is denied, the reasons
shall be documented on the CDC Form 115.

(L) Participation in a strike or work stoppage.
(M) A repeated pattern of administrative rule violations for the
same offense.
(N) Mail or visiting violations presenting a threat as described
in (2) above.
(O) Harassment of another person, group, or entity either
directly or indirectly through the use of the mail or by any other
means.
(P) Throwing any liquid or solid substance on a nonprisoner.
(Q) Unauthorized possession of departmental records or documents which could affect any inmate’s release status.
(R) Refusal to submit to a test for controlled substances or
alcohol.
(S) Refusal to provide blood specimens, a saliva sample, and
palm and thumb print impressions pursuant to Penal Code, Part 1,
Title 9, Chapter 6, Articles 1 through 7 (sections 295 et seq.), after
receiving written notification that such specimens and samples
must be provided.
(T) Participation in gambling.
(U) Late return or failure to return from a temporary community
release or leave.
(V) Unauthorized possession of materials or substances which
have been modified or altered from their original manufactured
state or purpose with their potential to be made, or in the process
of being made, into a weapon; explosive or explosive-making
materials; poison, caustic substance; or any destructive device.
(W) Self mutilation or attempted suicide for the purpose of
manipulation.
(X) Involvement in a conspiracy or attempt to do any of the
above.
(b) In addition to the disciplinary hearing, the inmate may be
subject to segregation from the general population pursuant to
sections 3312 and 3335 through 3345; and referral for prosecution
when the misconduct is a criminal offense.
(c) Hearing. Serious rule violations shall be heard at the Senior
Hearing Officer (SHO) or higher level. A SHO shall not be below
the level of a facility captain, correctional captain, correctional
counselor III, parole agent III, or an experienced correctional
lieutenant, correctional counselor II, or parole agent II.
(d) An inmate shall be assigned an employee to assist in the
investigation of matters pertaining to a disciplinary action when
the chief disciplinary officer or designee determines the necessity
based on the following criteria.
(1) Investigative Employee.
(A) An investigative employee, as described in section 3318(a),
shall be assigned when the staff designated to classify the serious
rule violation determines that:
1. The complexity of the issues require further investigation.
2. The housing status makes it unlikely the charged inmate can
collect and present the evidence necessary for an adequate presentation of a defense.
3. A determination has been made that additional information is
necessary for a fair hearing.
(B) The inmate may choose to waive the assignment of an
investigative employee as required by subsection (2) above. The
inmate’s request to waive assistance of an investigative employee
under this subsection will be indicated in the ‘‘waived by inmate’’
checkbox on the CDC Form 115-A and signed and dated by the
inmate. The classifying official may choose to un-assign the
investigative employee based on the inmate’s signed waiver on the
CDC Form 115-A.
(C) Staff who witnessed or who will serve as a hearing official
for a rule violation shall not serve as the investigative employee for
that violation.
(D) The inmate may not select the investigative employee, but
may object to the one assigned and provide, in writing to the
classifying official, the reasons for the objection. The classifying

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(3) Whether or not the inmate requests a witness, witnesses may
be called if the official conducting the hearing determines the
witnesses may have information necessary to the finding of fact.
(4) The reporting employee shall attend the disciplinary hearing
or be available for questioning via speakerphone if requested by
the inmate.
(5) Under the direction of the official conducting the disciplinary hearing, the inmate has the right to ask questions of all
witnesses called. The SHO will screen all questions to ensure they
are relevant to the violation charged.
(6) Nothing in this section shall preclude making a witness
available by speaker phone for a disciplinary hearing.
(f) Disposition. Upon completion of the fact-finding portion of
the disciplinary hearing, the inmate may be found:
(1) Not guilty and the charges dismissed.
(2) Guilty of an administrative rather than a serious rule
violation. In such case, the CDC Form 115 shall be reduced to an
administrative level offense and the inmate may be assessed only
a disposition authorized in section 3314.
(3) Guilty as charged or guilty of an included serious rule
violation and assessed a credit forfeiture pursuant to section 3323.
(4) If the violation included an act related to the use, possession,
or distribution of controlled substances, controlled medication,
drugs or drug paraphernalia; or if the inmate refused to submit to
a test for controlled substances or drugs, the disposition shall
include an order for the inmate to submit to mandatory random
drug testing for one year from the date of the order.
(A) For the first offense, the inmate must provide a minimum of
one random drug test per month for one year.
(B) For the second offense, the inmate must provide a minimum
of two random drug tests per month for one year.
(C) For the third and all subsequent offenses, the inmate must
provide a minimum of four random drug tests per month for one
year.
(D) The inmate shall be informed that refusal to submit to a
random test or any positive test result during the mandatory
random drug testing period shall result in the issuance of a CDC
Form 115 and a new mandatory drug testing order.
(5) The disposition may or when mandated shall include assessment of one or more of the following:
(A) Any combination of penalties authorized for administrative
rule violations in section 3314(e).
(B) Suspension of privileges specified by the hearing official
for no more than a 90-day period starting the date the rule violation
report was adjudicated. The suspension of privileges for violations
of subsections 3016(a), 3016(c), and 3290(d) shall be assessed as
follows:
1. Thirty days for the first offense.
2. Sixty days for the second offense.
3. Ninety days for the third offense.
(C) Placement into privilege group B or C for no more than a
90-day period starting from the date the rule violation report was
adjudicated.
(D) Disciplinary detention or confinement to quarters as provided in sections 3330 and 3333 for not more than a ten-day
period. If facility security will not be jeopardized, the inmate shall
be released to attend work and program assignments.
1. Second offense violations of subsections 3016(a), 3016(c),
and 3290(d) shall result in confinement to quarters for five days.
2. Third and all subsequent offense violations of subsections
3016(a), 3016(c), and 3290(d) shall result in confinement to
quarters for 10 days.
(E) Referral to a classification committee for consideration of
placement in Work Group C.
(F) Suspension of all or part of dispositions other than credit
forfeitures, ordered random drug testing and classification com-

§ 3315

mittee referrals, for up to six months based on the inmate’s
compliance with the conditions specified for suspension.
(G) Imposition of all or part of an existing suspended disposition when the current rule violation is a violation of conditions
specified in a suspended disposition. Imposition of a suspended
disposition shall not include confinement to quarters or disciplinary detention for a period exceeding ten days except as provided in
section 3322.
(H) For a violation of subsection 3016(c), there shall be a loss
of visits for one year to be followed by non-contact visits for two
years.
(I) Loss of visits to be followed by non-contact visits for
violations of subsection 3016(a) (with the exception of alcohol
violations), or 3290(d) shall be as follows:
1. Loss of visits for 90 days, to be followed by non-contact visits
for 90 days for the first offense.
2. Loss of visits for 90 days, to be followed by non-contact visits
for 180 days for the second offense.
3. Loss of visits for 180 days, to be followed by non-contact
visits for 180 days for the third offense.
(J) Violation of subsections 3016(a), 3016(c), and 3290(d) shall
result in:
1. For the first offense, the inmate shall be required to attend
Alcoholic Anonymous or Narcotic Anonymous meetings or assigned to a substance abuse education program to the extent such
programs are available in the institution/facility.
2. For the second offense, the inmate shall be referred for
endorsement to a substance abuse program, provided that program
eligibility criteria is met.
3. For the third offense, the inmate shall be referred for
endorsement to a substance abuse program, provided that program
eligibility criteria is met, and mandatory treatment shall be a
condition of parole.
(K) Violation of Indecent Exposure or Sexual Disorderly Conduct of sections 3007, 3323(d)(7), 3323(f)(5), and 3323(g)(8) shall
result in:
1. First offense violation shall result in loss of any or all of the
following for up to 90 days: canteen, appliances, vendor packages,
telephone privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall
result in loss of any or all of the following for up to 180 days:
canteen, appliances, vendor packages, telephone privileges, and
personal property.
(L) Inmates placed in ASU, SHU, PSU, Privilege Group D, who
are found guilty of any RVR deemed serious per this section are
subject to temporary loss of entertainment appliances as follows:
1. Thirty days for the first offense
2. Sixty days for the second offense.
3. Ninety days for the third offense.
(M) Violation of Refusing to Accept Assigned Housing of
sections 3005(c) and 3269.1 shall result in:
1. First offense violation shall result in loss of any or all of the
following for up to 90 days: canteen, appliances, vendor packages,
telephone privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall
result in loss of any or all of the following for up to 180 days:
canteen, appliances, vendor packages, telephone privileges, and
personal property.
(N) Violation of Refusing to Accept an Inmate Housing Assignment of subsection 3005(c) shall result in:
(O) Violation of subsection 3323(d)(8) shall result in a loss of
visits for 180 days followed by non-contact visits permanently.
(P) Violation of subsection 3323(f)(6) shall result in:
1. Loss of visits for 90 days, to be followed by non-contact visits
for 90 days for the first offense.
2. Loss of visits for 90 days, to be followed by non-contact visits
for 180 days for the second offense.

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3. Loss of visits for 180 days, to be followed by non-contact
visits permanently for the third offense.
1. First offense violation shall result in loss of any or all of the
following for up to 90 days: canteen, appliances, vendor packages,
telephone privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall
result in loss of any or all of the following for up to 180 days:
canteen, appliances, vendor packages, telephone privileges, and
personal property, and referral to a classification committee for
review and determination for program failure. An inmate who is
deemed a program failure by a classification committee is subject
to having his/her personal property/appliances disposed of in
accordance with Departmental procedure.
(g) Classification Committee Review. Any serious disciplinary
action requiring reconsideration of an inmate’s program, work
group, or housing assignment, shall be referred to the next
reasonably scheduled classification committee for review. This
review shall not occur until the chief disciplinary officer’s audit of
the CDC Form 115 has been concluded. The classification committee shall affirm or modify the inmate’s program, work group, or
housing assignment.

18.
19.
20.

21.
22.
23.

24.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 295–300.3, 314, 530, 532, 646.9, 647, 653m, 2931, 2932, 2933,
4573.6, 5054, 5068 and 12020, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. New subsection (g) filed 9-30-77; effective thirtieth day thereafter
(Register 77, No. 40).
4. Amendment of subsection (a)(3), renumbering of subsections
(a)(16)–(a)(19) to (a)(18)–(a)(21) and new subsections (a)(16)–
(a)(17) filed 3-22-78; effective thirtieth day thereafter (Register 78,
No. 12).
5. Amendment of subsections (a)(3), (b)(4) and (b)(5) filed 8-22-79;
effective thirtieth day thereafter (Register 79, No. 34).
6. Amendment of subsection (d) filed 2-15-80; effective thirtieth day
thereafter (Register 80, No. 7).
7. Amendment of subsection (b)(1) filed 9-24-81; effective thirtieth
day thereafter (Register 81, No. 39).
8. Amendment of subsection (a)(19) filed 2-16-83; effective thirtieth
day thereafter (Register 83, No. 8).
9. Amendment of subsections (a), (b)(4), (f)(4) and repealer and new
subsection (d) filed 5-4-83; designated effective 6-1-83 pursuant to
Government Code Section 11346.2(d) (Register 83, No. 19).
10. Editorial correction of subsections (b) and (c) filed 2-19-85
(Register 85, No. 8).
11. Amendment of subsections (b), (c), (e) and (g) 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.
12. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
13. Amendment of subsections (b), (c), (e) and (g) 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.
14. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-30-88; disapproved by OAL (Register 88, No. 24).
15. 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.
16. Certificate of Compliance transmitted to OAL 9-26-88 and filed
10-26-88 (Register 88, No. 50).
17. New subsection (a)(14), subsection renumbering, and amendment
of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A Certificate of Compliance must be transmitted

25.

26.

27.

28.
29.

30.

31.
32.

33.
34.

35.

132

TITLE 15

to OAL 11-26-93, or emergency language will be repealed by
operation of law on the following day.
Certificate of Compliance as to 7-29-93 order transmitted to OAL
11-18-93 and filed 12-31-93 (Register 94, No. 1).
Amendment of section and Note filed 5-5-95; operative 6-5-95
(Register 95, No. 18).
Amendment of subsection (f)(4) filed 7-1-96 as an emergency;
operative 7-1-96 (Register 96, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-8-96 or emergency
language will be repealed by operation of law on the following
day.
Certificate of Compliance as to 7-1-96 order transmitted to OAL
9-23-96 and filed 11-4-96 (Register 96, No. 45).
Change without regulatory effect amending subsection (f)(5)(A)
filed 12-2-96 pursuant to section 100, title 1, California Code of
Regulations (Register 96, No. 49).
Amendment of subsections (c), (f)(5)(D) and (g) filed 10-16-97 as
an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant
to Penal Code section 5058(e), a Certificate of Compliance must
be transmitted to OAL by 3-25-97 or emergency language will be
repealed by operation of law on the following day.
Certificate of Compliance as to 10-16-97 order transmitted to
OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
Amendment filed 8-27-98 as an emergency; operative 8-27-98
(Register 98, No. 35). A Certificate of Compliance must be
transmitted to OAL by 2-3-99 or emergency language will be
repealed by operation of law on the following day,
Amendment of subsection (a)(3)(M) filed 12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal
Code 5058(e), a Certificate of Compliance must be transmitted to
OAL by 5-10-99 or emergency language will be repealed by
operation of law on the following day.
Amendment refiled 2-3-99 as an emergency, including further
amendment redesignating former subsections (f)(5)(I)(1)–(3) as
subsections (f)(5)(I)1.–3.; operative 2-3-99 (Register 99, No. 6).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency
language will be repealed by operation of law on the following
day.
Certificate of Compliance as to 12-1-98 order transmitted to OAL
5-7-99 and filed 6-4-99 (Register 99, No. 23).
Certificate of Compliance as to 2-3-99 order, including new
subsection (f)(5)(H), subsection relettering and amendment of
newly designated subsection (f)(5)(I), transmitted to OAL 5-12-99
and filed 6-24-99 (Register 99, No. 26).
New subsection (a)(3)(S), subsection relettering and amendment
of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a
Certificate of Compliance must be transmitted to OAL by 2-282000 or emergency language will be repealed by operation of law
on the following day.
Certificate of Compliance as to 9-20-99 order transmitted to OAL
1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
Amendment of subsection (a)(3)(S) filed 10-4-2002 as an emergency pursuant to a certificate of operational necessity under
Penal Code section 5058.3; operative 10-4-2002 (Register 2002,
No. 40). Pursuant to Penal Code section 5058.3, this filing is
deemed an emergency and a Certificate of Compliance must be
transmitted to OAL by 3-13-2003 or emergency language will be
repealed by operation of law on the following day.
Certificate of Compliance as to 10-4-2002 order, including further
amendment of subsection (a)(3)(S), transmitted to OAL 3-12-2003
and filed 4-8-2003 (Register 2003, No. 15).
Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and
subsection relettering 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.
Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and
subsection relettering refiled 6-17-2004 as an emergency; opera-

TITLE 15

36.
37.

38.
39.

40.

41.
42.
43.

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3317

(C) Written notice is received that the prosecuting authority
does not intend to prosecute.
(D) Written notice is received that the criminal proceedings are
terminated without an acquittal.
(2) A decision to not prosecute or a court’s dismissal of criminal
charges without acquittal shall not prohibit or alter a departmental
disciplinary hearing on the rule violation charges.
(3) A court verdict of guilty or not guilty, resulting from a trial,
shall be accepted as the finding of fact on the same charges in a
disciplinary hearing. Should the court accept a plea agreement or
negotiated settlement resulting in a conviction for a lesser offense
than was originally charged, or if a court dismisses a charge prior
to trial, the Department shall not be precluded from taking
appropriate administrative action based on the facts contained in
the original charge. If a court finds the inmate not guilty after a
finding of guilty in a disciplinary hearing, the rule violation
charges shall be dismissed.
(4) Any verdict of the court shall not prohibit or reverse the
actions of a disciplinary hearing on any lesser offenses included in
the criminal charge.

tive 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.
Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
New subsections (f)(5)(L)–(f)(5)(L)2. and amendment of Note
filed 2-23-2007 as an emergency; operative 2-23-2007 (Register
2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate
of Compliance must be transmitted to OAL by 8-2-2007 or
emergency language will be repealed by operation of law on the
following day.
Certificate of Compliance as to 2-23-2007 order transmitted to
OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
New subsections (f)(5)(M)–(f)(5)(M)2. filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4
(Register 2007, No. 52).
New subsections (f)(5)(N)–(f)(5)(N)2. filed 3-18-2008 as an
emergency; operative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance
must be transmitted to OAL by 8-25-2008 or emergency language
will be repealed by operation of law on the following day.
Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
Certificate of Compliance as to 3-18-2008 order transmitted to
OAL 8-18-2008 and filed 9-15-2008 (Register 2008, No. 38).
New subsections (f)(5)(O)–(f)(5)(P)3. filed 10-6-2009; operative
10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).

NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2932 and 5054, Penal Code.
HISTORY:
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 6-30-77 as an emergency; effective upon filing
(Register 77, No. 27).
3. Amendment of subsection (d) filed 9-29-77 as an emergency;
effective upon filing. Certificate of Compliance included (Register
77, No. 40).
4. Amendment of subsection (b) filed 8-22-79; effective thirtieth day
thereafter (Register 79, No. 34).
5. Amendment 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.
6. Certificate of Compliance including amendment of subsection (c)
filed 2-15-80 (Register 80, No. 7).
7. Amendment filed 12-1-80 as an emergency; designated effective
1-1-81 (Register 80, No. 49).
8. Order of Repeal of 12-1-80 order filed 12-5-80 by OAL pursuant to
Government Code section 11349.6 (Register 80, No. 49).
9. Amendment filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
10. Amendment of subsection (e)(2) and (e)(3) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code section
11346.2(d) (Register 83, No. 19).
11. Amendment filed 10-24-88; operative 11-23-88 (Register 88, No.
45).
12. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
13. Amendment of subsection (c)(3) filed 11-3-97 as an operational
emergency pursuant to Penal Code section 5058(e); operative
11-3-97 (Register 97, No. 45). A Certificate of Compliance must
be transmitted to OAL by 4-13-98 or emergency language will be
repealed by operation of law on the following day.
14. Certificate of Compliance as to 11-3-97 order transmitted to OAL
2-3-98 and filed 3-12-98 (Register 98, No. 11).

3316. Referral for Criminal Prosecution.
(a) Except as provided in subsection (b), all criminal misconduct by persons under the jurisdiction of the department or
occurring on facility property shall be referred by the institution
head or designee to appropriate authorities for possible investigation and prosecution when there is evidence substantiating each of
the elements of the crime to be charged.
(1) Referrals for investigation of inmate criminal misconduct
shall be accompanied by a JUS Form 8715 (Rev. 6/88) Department
of Justice, Disposition of Arrest and Court Action.
(2) The authority to whom a case is referred shall be asked to
provide the institution head or designee with written notification
within ten working days advising if prosecution shall be initiated.
(3) Inmates shall be notified in writing when misconduct is
referred for possible prosecution.
(b) Notwithstanding evidence substantiating each of the elements of the crime to be charged, criminal misconduct shall not be
referred to the local district attorney if the local district attorney
has submitted written notification to the institution head including
criteria determining that specified crimes shall not be prosecuted if
the crime involved meets such criteria.
(c) Referral of an inmate’s misconduct for prosecution shall not
stay the time limits for a disciplinary hearing unless the inmate
submits a written request to the chief disciplinary officer or signs
and dates the CDC Form 115-A (Rev. 7/88), Serious Rules
Violation Report, requesting postponement of the hearing pending
the outcome of the referral.
(1) A postponed disciplinary hearing shall be held within 30
days after any one of the following events;
(A) The inmate has revoked a postponement request; an inmate
may revoke a postponement request any time until the prosecuting
criminal authority has filed an accusatory pleading against the
inmate. The request shall be submitted in writing to the chief
disciplinary officer or designee who shall complete the CDC Form
115-A revoking the postponement request.
(B) Written notice is received from the institution head or
designee that the inmate’s misconduct will not be referred for
prosecution pursuant to subsection (b).

3317. Mental Health Evaluations for Disciplinary Hearings.
Inmates in the Mental Health program or any inmate showing
signs of possible mental illness may require a CDC 115 MH (Rev.
06/06), Rules Violation Report: Mental Health Assessment. All
inmates at the EOP, MHCB, and DMH level of care, who receive
a CDC 115, Rules Violation Report shall be referred for a Mental
Health Assessment. All inmates in CCCMS or non-MHSDS
inmates who receive a CDC 115 Rules Violation Report, and who
exhibit bizarre, unusual or uncharacteristic behavior at the time of
the rules violation shall be referred for a Mental Health Assessment. An inmate shall be referred for a mental health evaluation
prior to documenting misbehavior on a CDC Form 115, Rules

133

§ 3318

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(2) The inmate shall be informed that:
(A) The staff assistant shall keep confidential any information
the inmate may disclose concerning the charges for which the staff
assistant was assigned.
(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.
(3) If the staff assistant becomes aware that the inmate is
contemplating future criminal conduct, the staff assistant shall
disclose this information if necessary to protect potential victims
and prevent the contemplated crime.
(4) The staff assistant shall inform the inmate 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.

Violation Report, in any case where the inmate is suspected of self
mutilation or attempted suicide. If the mental health evaluation
determines that it was an actual suicide attempt, a CDC Form 115
shall not be written and the behavior shall be documented on a
CDC Form 128B (Rev. 4/74), General Chrono, for inclusion in the
inmate’s central file.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Repealer and new section filed 3-24-78 as an emergency; effective
upon filing (Register 78, No. 12).
3. Certificate of Compliance filed 6-15-78 (Register 78, No. 24).
4. Repealer and new section filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
5. Relocation and amendment of former subsections 3317(a)–(b)(2) to
subsections 3312(a)(3)(A)–(B) and new section filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. Editorial correction deleting formerly relocated text (Register 95,
No. 34).
7. Amendment of section heading and subsection (a), and repealer of
subsections (b)–(b)(2) filed 8-23-95 as an emergency; operative
8-23-95 (Register 95, No. 34). A Certificate of Compliance must be
transmitted to OAL by 1-30-96 or emergency language will be
repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-23-95 order transmitted to OAL
1-8-96 and filed 2-16-96 (Register 96, No. 7).
9. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
HISTORY:
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).

3318. Assistance to Inmates 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 inmate.
(B) Gather information.
(C) Question all staff and inmates 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 inmate no less than 24 hours before a disciplinary
hearing is held.
(3) When an investigative employee provides assistance to an
inmate, 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 inmate.
(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 inmate.
(b) Staff Assistant.
(1) The assigned staff assistant shall:
(A) Inform inmates of their rights and of the disciplinary
hearing procedures.
(B) Advise and assist in the inmate’s preparation for a disciplinary hearing, represent the inmate’s position at the hearing,
ensure that the inmate’s position is understood, and that the inmate
understands the decisions reached.
(C) Refrain from giving legal counsel or specifying the position
the inmate should take in any disciplinary, classification or
criminal proceeding.

3319.

Investigative Employees.

HISTORY:
1. Amendment of subsection (a) filed 5-13-77; effective thirtieth day
thereafter (Register 77, No. 20).
2. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
3. Repealer filed 5-4-83; designated effective 6-1-83 pursuant to
Government Code section 11346.2(d) (Register 83, No. 19).

3320. Hearing Procedures and Time Limitations.
(a) A classified copy of the CDC Form 115 per section 3313(a),
CDC Form 115-A (Rev. 07/88), and any additional/supplemental
information documented via the CDC Form 115-C (Rev. 5/95)
containing any elements of the violation charged shall normally be
provided to the inmate within 15 days from the date the information leading to the charges is discovered by staff or, in the case of
an escapee, within 15 days after the escapee’s return to the
department’s custody.
(1) Providing the inmate with a copy of the classified CDC
Form 115, CDC Form 115-A, and CDC Form 115-C (if applicable)
may be delayed beyond 15 days, but no more than an additional 30
days for a total of 45 days, and shall not prohibit forfeiture of
credits as a penalty for the misconduct when all of the following
criteria are met:
(A) The misconduct could be prosecuted as murder, attempted
murder, or battery on staff.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3320

or participation in the hearing, and there is a compelling reason or
need to proceed with the hearing.
(2) The inmate was convicted of escape in court and has not
been returned to the facility or jurisdiction from which the escape
occurred.
(3) The inmate has waived the right to be present in writing, or
in the case of a refusal to sign a waiver, the refusal was witnessed
by a custody officer, documented on a CDC Form 128-B (Rev.
4/74), and attached to the CDC Form 115 for review by the Senior
Hearing Officer at the disciplinary hearing and by the Chief
Disciplinary Officer following adjudication of the rules violation
report.
(h) Staff who observed, reported, classified, supplied supplemental reports to, or investigated the alleged rule violation; who
assisted the inmate in preparing for the hearing; or for any other
reason have a predetermined belief of the inmate’s guilt or
innocence shall not hear the charges or be present during deliberations to determine guilt or innocence and disposition of the
charges.
(i) An inmate witness shall not be transferred between facilities
to testify at a hearing unless the chief disciplinary officer of the
facility hearing the charges determines a fair and impartial hearing
cannot be conducted unless the witness is present. When a witness
is not available, the chief disciplinary officer of the facility where
the witness is located shall be notified of the need to appoint an
investigative employee to discuss the case with the investigative
employee of the facility conducting the disciplinary hearing; to
interview the witness, prepare a written investigative report, and
forward the report to the facility where the hearing will be
conducted.
(j) When an inmate whose rule violation charges are being
adjudicated is ordered to leave the hearing room, all witnesses,
including staff witnesses, shall also leave the room. The inmate has
a right to be present when any witness is present at the hearing.
(k) When a serious rule violation occurs during transportation
of an inmate, transporting staff witnesses shall be present at the
hearing if requested, or shall be available for questioning by
telephone during the disciplinary hearing.
(l) The inmate may present documentary evidence in defense or
mitigation of the charges. Any finding of guilt shall be based upon
determination by the official(s) conducting the disciplinary hearing
that a preponderance of evidence submitted at the hearing substantiates the charge. At the conclusion of the disciplinary hearing, the
inmate shall be informed of the findings and disposition of the
charge and of the right to and procedure for appeal of the action.
Within five working days following review of the CDC Form 115
and CDC Form 115-A by the chief disciplinary officer, the inmate
shall be provided a copy of the completed CDC Form 115
containing the findings, disposition, and evidence relied upon in
reaching the conclusions.
(m) When an inmate is charged with possession of unauthorized
or dangerous items or substances, or when unauthorized or
dangerous items or substances are associated with commission of
the charged rule violation, the hearing official shall record the
disposition of the item or substance in the disposition section of the
CDC Form 115.

(B) An investigation is continuing to identify others involved in
the misconduct.
(C) Within 15 days of discovering the misconduct, a written
request to delay the inmate’s notification, including the reasons for
the delay, is approved by the chief disciplinary officer.
(2) Time limitations for a re-issued CDC Form 115 shall
commence on the date the chief disciplinary officer orders the
re-hearing pursuant to Subsection 3320(a)(1) above.
(b) The charges shall be heard within 30 days from the date the
inmate is provided a classified copy of the CDC Form 115 unless
the charges were referred for possible prosecution and the inmate
has been granted a request for postponement of the disciplinary
proceedings pending the outcome of the referral, if exceptional
circumstances exist pursuant to section 3000, or the inmate is
transferred out of the custody of the department.
(1) The Hearing for a CDC Form 115 ordered re-issued/reheard shall be conducted pursuant to Subsection 3320(b) above
relative to the re-issued copy.
(c) A disciplinary hearing shall not be held until the inmate has
been provided:
(1) A classified copy of the CDC Form 115 and all nonconfidential reports containing information relative to the charge,
including the investigative employee’s report.
(2) At least 24 hours to review the material and prepare for the
hearing. The hearing may be held earlier if the inmate waives the
24-hour period.
(d) A hearing may be postponed up to 30 days upon receipt of
the inmate’s written request to the CDO showing a reasonable
need for postponement. The CDO will evaluate the request and
approve or deny it based on its credibility. Postponement shall not
bar any credit forfeiture.
(e) If a hearing is postponed for any reason, such reason shall be
documented in the findings section of the CDC Form 115.
(f) The following events shall preclude denial or forfeiture of
credits:
(1) The inmate was not provided a copy of the CDC Form 115
within 15 days after the discovery of information leading to the
charges except as other provided in (a).
(2) The official conducting the hearing did not establish that the
information or evidence was not reasonably discoverable within 30
days or sooner or when the inmate is not provided a copy of the
CDC Form 115 within 15 days of the misconduct, unless (a) is
applicable.
(3) The disciplinary hearing was not held within 30 days of the
date the inmate was provided a classified copy of the CDC Form
115, unless the inmate requested and was granted a postponement
of the hearing pending outcome of the referral pursuant to section
3316, exceptional circumstances as defined in Section 3000 exist,
or if the inmate is transferred out of the custody of the department.
(4) A disciplinary hearing was not held within 30 days after the
chief disciplinary officer was notified of the outcome of a
prosecution referral or within 30 days of the inmate’s revoked
request for postponement of the hearing, if an accusatory pleading
was not filed against the inmate.
(5) The inmate was not provided a written explanation of the
exceptional circumstances preventing a hearing within 30 days
after the inmate was provided a copy of the CDC Form 115 and the
official conducting the hearing did not establish in the findings of
the hearing that the delay did not prejudice the inmate.
(g) The inmate shall normally be present at a disciplinary
hearing. When a disciplinary hearing is held without the inmate
present, the reason for the absence shall be documented during the
hearing on the CDC Form 115. The inmate shall be present at a
disciplinary hearing unless:
(1) A psychiatrist has determined that the inmate suffers from a
serious mental disorder preventing the inmate’s understanding of

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
HISTORY:
1. Amendment of subsection (b) filed 12-1-80 as an emergency;
designated effective 1-1-81 (Register 80, No. 49). For prior history,
see Register 80, No. 16.
2. Order of Repeal of 12-1-80 order filed 12-5-80 by OAL pursuant to
Government Code Section 11349.6 (Register 80, No. 49).
3. Amendment of subsection (c) filed 12-8-80; effective thirtieth day
thereafter (Register 80, No. 50).

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3. 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. 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. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).

4. Amendment of subsection (b) filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
5. Amendment of subsections (a)–(d) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d)
(Register 83, No. 19).
6. 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.
7. New subsection (l) filed 2-8-88; operative 3-9-88 (Register 88, No.
7).
8. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
9. 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.
10. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No. 24).
11. 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.
12. Certificate of Compliance transmitted to OAL 9-26-88 and filed
10-26-88 (Register 88, No. 50).
13. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
14. Change without regulatory effect amending subsection (a)(1)(A)
filed 5-7-96; operative 6-6-96 (Register 96, No. 19).
15. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

3321. Confidential Material.
(a) The following types of information shall be classified as
confidential:
(1) Information which, if known to the inmate, would endanger
the safety of any person.
(2) Information which would jeopardize the security of the
institution.
(3) Specific medical or psychological information which, if
known to the inmate, would be medically or psychologically
detrimental to the inmate.
(4) Information provided and classified confidential by another
governmental agency.
(b) Uses of specific confidential material.
(1) No decision shall be based upon information from a
confidential source, unless other documentation corroborates information from the source, or unless the circumstances surrounding the event and the documented reliability of the source satisfies
the decision maker(s) that the information is true.
(2) Any document containing information from a confidential
source shall include an evaluation of the source’s reliability, a brief
statement of the reason for the conclusion reached, and a statement
of reason why the information or source is not disclosed.
(3) The documentation given to the inmate shall include:
(A) The fact that the information came from a confidential
source.
(B) As much of the information as can be disclosed without
identifying its source including an evaluation of the source’s
reliability; a brief statement of the reason for the conclusion
reached; and, a statement of reason why the information or source
is not disclosed.
(c) A confidential source’s reliability may be established by one
or more of the following criteria:
(1) The confidential source has previously provided information which proved to be true.
(2) Other confidential source have independently provided the
same information.
(3) The information provided by the confidential source is
self-incriminating.
(4) Part of the information provided is corroborated through
investigation or by information provided by non-confidential
sources.
(5) The confidential source is the victim.
(d) Filing confidential material.
(1) Only case information meeting the criteria for confidentiality shall be filed in the confidential section of an inmate’s/
parolee’s central file.
(2) Proposed confidential documents shall be reviewed, signed,
and dated by a staff person at the correctional counselor III, parole
agent III, correctional captain, or higher staff level to indicate
approval of the confidential designation and placement in the
confidential section of the central file.
(3) Classification committee shall review the material filed in
the confidential folder of each case considered. Any material not

3320.1. Hearings for Transferred Inmates.
(a) An inmate’s pending disciplinary hearing shall be conducted
before the inmate is transferred to another facility unless any one
of the following circumstances apply:
(1) An emergency transfer to a higher security level is necessary
based on charges of involvement in a major disturbance or serious
incident.
(2) The inmate is charged with escape from a Level I or II
facility and will not be returned to the facility from which the
inmate escaped.
(3) The inmate requires emergency medical or psychiatric
treatment.
(b) When an inmate is transferred before a disciplinary hearing
or a rehearing is ordered on the rule violation charges after the
inmate’s transfer, one of the following methods shall be used to
facilitate the disciplinary hearing process:
(1) The inmate may be returned to the facility where the
violation occurred.
(2) The institution head at the facility where the violation
occurred may request the hearing be conducted by staff where the
inmate is currently housed or staff from the facility where the
violation occurred may conduct the hearing at the facility where
the inmate is housed.
(A) Facility staff where the rule violation occurred may appoint
an investigative employee to conduct an investigation and prepare
a report as outlined in section 3318.
(B) If a staff assistant is appointed, the staff assistant shall be
present at the disciplinary hearing.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections
2932, 5054 and 5068, Penal Code.
HISTORY:
1. 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).

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3323

(1) Murder, attempted murder, and solicitation of murder. Solicitation of murder shall be proven by the testimony of two
witnesses, or of one witness and corroborating circumstances.
(2) Manslaughter.
(3) Battery causing serious injury.
(4) Assault or battery with a deadly weapon or caustic substance.
(5) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, and attempted oral copulation against the victim’s will.
(6) Taking a hostage.
(7) Escape with force or violence.
(8) Possession, manufacture, or attempted manufacture of a
deadly weapon or explosive device.
(9) Solicitation to commit an offense listed in subsections
(b)(3), (b)(4) or (b)(5) above.
(c) Division ‘‘A-2’’ offenses; credit forfeiture of 151–180 days.
(1) Arson involving damage to a structure or causing serious
bodily injury.
(2) Possession of flammable, explosive, or combustible material with intent to burn any structure or property.
(3) Destruction of state property valued in excess of $400
during a riot or disturbance.
(4) Any other felony involving violence or injury to a victim not
specifically listed in this schedule.
(5) Attempted escape with force or violence.
(6) Introduction or distribution of any controlled substance, as
defined in section 3000, in an institution/facility or contract health
facility.
(7) Extortion by means of force or threat.
(8) Conspiracy to commit any Division ‘‘A-1’’ or ‘‘A-2’’
offense.
(9) Solicitation to commit an offense listed in subsections
(c)(1), (c)(3), or (c)(8) above.
(d) Division ‘‘B’’ Offenses; credit forfeiture of 121–150 days.
(1) Battery on a peace officer not involving the use of a weapon.
(2) Assault on a peace officer by any means likely to cause great
bodily injury.
(3) Battery on a non-prisoner.
(4) Threatening to kill or cause serious bodily injury to a public
official, their immediate family, their staff, or their staff’s immediate family.
(5) Escape from any institution or community correctional
facility other than a camp or community-access facility.
(6) Theft, embezzlement, destruction, or damage to another’s
personal property, state funds, or state property valued in excess of
$400.
(7) Unauthorized possession of any controlled substance as
defined in section 3000, including marijuana, in an institution/
facility or contract health facility.
(A) Progressive disciplinary credit forfeiture for violations
described in (7) above are as follows:
1. Credit forfeiture of 121–130 days for the first offense.
2. Credit forfeiture of 131–140 days for the second offense.
3. Credit forfeiture of 141–150 days for the third offense.
(8) Sexual Activity in a visiting room involving physical
contact with a minor.
(9) Indecent Exposure with prior court conviction under PC 314
or PC 288.
(10) Any felony not involving violence or the use of a weapon
not listed in this schedule.
(11) Conspiracy to commit any Division ‘‘B’’ offense.
(12) Solicitation to commit an offense as listed in subsections
(d)(1) or (d)(2) above.
(e) Division ‘‘C’’ offenses; credit forfeiture of 91–120 days.
(1) Escape without force from a camp or community-access
facility.

approved but designated confidential shall be removed from the
folder and submitted to the designated staff person for review and
determination.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1798.34, 1798.40, 1798.41 and 1798.42, Civil Code; Section
6255, Government Code; and Sections 2081.5, 2600, 2601, 2932, 5054
and 5068, Penal Code; and Illinois v. Gates, 462 U.S. 213 (1983).
HISTORY:
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. Amendment of subsection (c)(4) and Note filed 8-30-99 as an
emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to
Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 2-8-2000 or emergency language will be
repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-99 order transmitted to OAL
2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).

3322. Length of Confinement.
(a) No inmate shall be kept in disciplinary detention or confined
to quarters more than ten days. The chief disciplinary officer may
shorten time spent in disciplinary detention or confined to quarters
if the inmate appears ready to conform and the facility disciplinary
process will benefit by such an action. When the disciplinary
detention or confined to quarters disposition has expired and
continued segregation is deemed necessary, the inmate shall be
processed pursuant to section 3335.
(b) Time spent in segregation pending a disciplinary hearing
shall normally be credited toward any disciplinary detention or
confined to quarters sentence imposed. Reasons for not granting
credit shall be explained in the disposition section of the CDC
Form 115.
(c) No inmate shall be confined to quarters or otherwise
deprived of exercise as a disciplinary disposition longer than ten
days unless, in the opinion of the institution head, the inmate poses
such an extreme management problem or threat to the safety of
others that longer confinement is necessary. The director’s written
approval is required for such extended confinement.
NOTE: Authority cited: Section 5058 Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Amendment of section and new Note filed 5-5-95; operative 6-5-95
(Register 95, No. 18).

3323. Disciplinary Credit Forfeiture Schedule.
(a) Upon a finding of guilt of a serious rule violation, a credit
forfeiture against any determinate term of imprisonment or any
minimum eligible parole date for an inmate sentenced to an
indeterminate sentence, as defined is section 3000 Indeterminate
Sentence Law (ISL), shall be assessed within the ranges specified
in (b) through (h) below:
(b) Division ‘‘A-1’’ offenses; credit forfeiture of 181–360 days.

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(2) Late return to a community-access facility.
(3) Use of marijuana, barbiturates or alcohol based solely on a
positive test result from an approved departmental testing method.
(4) Misuse, alteration, unauthorized acquisition, or exchange of
personal property, state funds, or state property.
(5) Refusing to provide a urine specimen for the purpose of
testing for the presence of controlled substance(s) or alcohol.
(6) The fermentation or distillation of materials in a manner
consistent with the production of alcohol.
(7) Possession of dangerous contraband as identified in section
3000.
(8) Unauthorized possession or distribution of medication (not
identified as a controlled substance in section 3000).
(9) Work related offenses:
(A) Refusal to work or perform assigned duties;
(B) Continued failure to perform assigned work or participate in
a work/training program.
(10) Any other serious rule violation meeting the criteria listed
in section 3315, not a crime, and not identified as administrative in
section 3314.
(i) Nothing in this section shall prevent the department from
seeking criminal prosecution for any conduct constituting a violation of the law or from imposing one or more of the authorized
punitive, preventative, or control measures described in these
regulations, in addition to forfeiture of credits.
(j) Inmates shall be provided written notice of any credit
forfeited by disciplinary action, of anticipated release date changes
based on credit forfeiture set aside through the departmental appeal
process, or a Board of Prison Terms review.
(k) If an inmate is held beyond an established parole date
because of a disciplinary or prosecution action, the number of days
the inmate is overdue when released shall be deducted from their
parole period when one or more of the following apply:
(1) The inmate is found not guilty of the charges.
(2) No credit is forfeited as a result of the disciplinary hearing.
(3) An inmate appeal results in reduction of the credit forfeiture
ordered in the disciplinary hearing.
(4) A Board of Prison Terms review results in restoration of all
or part of the credit forfeiture ordered in the disciplinary hearing.

(2) Attempted escape without force from an institution or
community correctional facility other than a camp or communityaccess facility.
(3) Furnishing equipment for or aiding and abetting an escape
or escape attempt.
(4) Attempted extortion by means of threat.
(5) Bribery.
(6) Arson.
(7) Forgery, falsification, or alteration of any official record or
document prepared or maintained by the department which could
affect a term of imprisonment.
(8) Possession of any narcotic, drug, or controlled substance in
a community-access facility.
(9) Unauthorized possession of drug paraphernalia as defined in
Section 3000.
(10) The physical possession of alcohol in an institution/facility
or contract health facility.
(11) Accessory to any felony offense.
(12) Conspiracy to commit any Division ‘‘C’’ offense.
(13) Solicitation to commit an offense listed in subsections
(e)(5), (e)(6), or (e)(7) above.
(f) Division ‘‘D’’ offenses; credit forfeiture of 61–90 days.
(1) Use of a controlled substance (except marijuana or Barbiturates), as identified in H&SC 11007, based solely on a positive
test result from an approved departmental testing method.
(2) Being under the influence of alcohol, any drug, controlled
substance, or other intoxicant, as defined in section 3000 and
unable to exercise care for personal safety or the safety of others.
(3) Participating in a riot, rout, or unlawful assembly.
(4) Inciting a riot.
(5) Indecent Exposure without a prior court conviction under
PC 314 or PC 288.
(6) Sexual Activity in a visiting room with an adult.
(7) Willfully resisting, delaying, or obstructing any peace officer in the performance of duty.
(8) Late return from a temporary community leave.
(9) Assault or battery on a prisoner with no serious injury.
(10) Fighting.
(11) Assault of a peace officer by any means not likely to cause
great bodily injury.
(12) Conspiracy to commit any Division ‘‘D’’ offense.
(13) Solicitation to posses, distribute or introduce an controlled
substance into a institution or contract health facility.
(g) Division ‘‘E’’ offenses; credit forfeiture of 31–60 days.
(1) Theft, embezzlement, destruction, or damage to another’s
personal property, state funds or state property valued at less than
$400.
(2) Possession of alcoholic beverages or intoxicating substances
in a community-access facility under the jurisdiction of CDCR.
(3) Consensual participation in sodomy or oral copulation.
(4) Forgery or falsification or alteration of any government
document or record not affecting an inmate’s term of imprisonment.
(5) Gambling in an institution, community correctional facility,
or camp other than a community-access facility.
(6) Refusal to provide blood specimens, a saliva sample, or
palm and thumb print impressions pursuant to Penal Code sections
295 through 300.3, after receiving written notification in accordance with PC section 298.1 that they must be provided.
(7) Sexual Disorderly Conduct.
(8) Commission of any misdemeanor offense not listed in this
schedule.
(9) Conspiracy to commit any Division ‘‘E’’ offense.
(10) Solicitation to commit an offense listed in subsections
(g)(4) or (g)(7) above.
(h) Division ‘‘F’’ offenses; credit forfeiture of 0–30 days.
(1) Gambling in a community-access facility.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 148, 243, 295–300.3, 314, 647, 2932, 2933, 4573.6, 4600, 5054
and 12020, Penal Code.
HISTORY:
1. Amendment of subsection (a)(3) and new subsection (a)(3)(E) filed
12-1-78 as an emergency; designated effective 1-1-79. For prior
history, see Register 77, No. 40.
2. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
3. Amendment of subsection (a) filed 8-22-79; effective thirtieth day
thereafter (Register 79, No. 34).
4. Amendment filed 11-20-79 as an emergency; designated effective
1-1-80 (Register 79, No. 47). A Certificate of Compliance must be
filed within 120 days or emergency language will be repealed on
3-20-80.
5. Certificate of Compliance filed 2-15-80 (Register 80, No. 7).
6. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to
Government Code Section 11346.2(d) (Register 83, No. 19).
7. 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.
8. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
9. 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.
10. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No. 24).

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indeterminate term or period of confinement. The applicable Board
of Prison Terms and Narcotic Addict Evaluation Authority rules
are set forth in Divisions 2 and 5 of Title 15, California Administrative Code, and are hereby incorporated by reference in the
rules of the Director of Corrections.
(b) At the discretion of the appropriate releasing authority, a
hearing for reconsideration of release may be held in conjunction
with a disciplinary hearing for misconduct that is also reportable to
the releasing authority.
(c) Releasing authority members and representatives may sit in
the factfinding and disposition phase of a disciplinary hearing held
in conjunction with a hearing by the releasing authority for release
reconsideration. Releasing authority members and representatives
will not act as factfinders or decision makers in the disposition of
disciplinary charges against an inmate. However, the members and
representatives of the releasing authority may participate in the
factfinding phase of the disciplinary hearing as deemed necessary
to bring out information which will aid in determining appropriate
action relative to the inmate’s scheduled or anticipated release.
(d) The scheduling of a combined departmental disciplinary
hearing and a releasing authority hearing for reconsideration of an
established or anticipated release date on an indeterminate term or
period of confinement does not stay the time limits for a disciplinary hearing in which good time credit may be denied on a
determinate term of imprisonment.

11. 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.
12. Certificate of Compliance including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
13. Amendment of section heading, section and Note filed 5-5-95;
operative 6-5-95 (Register 95, No. 18).
14. New subsection (c)(7), subsection renumbering, amendment of
subsection (d)(6), new subsections (d)(6)(A)–(d)(6)(A)3., repealer
of subsection (d)(7), subsection renumbering, and amendment of
subsections (e)(11) and (f)(1) filed 8-27-98 as an emergency;
operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency
language will be repealed by operation of law on the following
day.
15. New subsection (c)(7), subsection renumbering, amendment of
subsection (d)(6), new subsections (d)(6)(A)–(d)(6)(A)3., repealer
of subsection (d)(7), subsection renumbering, and amendment of
subsections (e)(11) and (f)(1) refiled 2-3-99 as an emergency;
operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted
to OAL by 7-13-99 or emergency language will be repealed by
operation of law on the following day.
16. Certificate of Compliance as to 2-3-99 order transmitted to OAL
5-12-99 and filed 6-24-99 (Register 99, No. 26).
17. New subsection (g)(6), subsection renumbering and amendment
of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a
Certificate of Compliance must be transmitted to OAL by 2-282000 or emergency language will be repealed by operation of law
on the following day.
18. Certificate of Compliance as to 9-20-99 order transmitted to OAL
1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
19. New subsections (g)(7)–(g)(7)(C) and subsection renumbering
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.
20. New subsections (g)(7)–(g)(7)(C) and subsection renumbering
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.
21. Certificate of Compliance as to 6-17-2004 order transmitted to
OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
22. New subsections (d)(7) and (g)(8), subsection renumbering,
amendment of subsection (f)(5), and amendment of Note filed
2-23-2007 as an emergency; operative 2-23-2007 (Register 2007,
No. 8). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the
following day.
23. Certificate of Compliance as to 2-23-2007 order transmitted to
OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
24. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
25. Change without regulatory effect amending subsection (d)(7)(A)
filed 12-11-2008 pursuant to section 100, Title 1, California Code
of Regulations (Register 2008, No. 50).
26. New subsections (d)(8) and (f)(6) and subsection renumbering
filed 10-6-2009; operative 10-6-2009 pursuant to Government
Code section 11343.4 (Register 2009, No. 41).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2931, 3060 and 5054, Penal Code; Section 3051, Welfare and
Institutions Code.
HISTORY:
1. Repealer and new section filed 5-13-77; effective thirtieth day
thereafter (Register 77, No. 20).
2. Repealer and new section filed 3-22-78; effective thirtieth day
thereafter (Register 78, No. 12).
3. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Editorial correction of subsection (a) filed 2-19-85 (Register 85,
No. 8).
5. Editorial correction of printing errors in subsection (c) (Register 92,
No. 5).

3325.

Appeal of Disciplinary Actions.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 5054 and 5077, Penal Code.
HISTORY:
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Repealer and new section filed 5-13-77; effective thirtieth day
thereafter (Register 77, No. 20).
3. Amendment of subsection (c) filed 9-30-77; effective thirtieth day
thereafter (Register 77, No. 40).
4. Amendment of subsection (b) filed 2-22-79; effective thirtieth day
thereafter (Register 79, No. 8).
5. Amendment of subsections (a) and (c) filed 4-18-80; effective
thirtieth day thereafter (Register 80, No. 16).
6. Repealer of section 3325(a) and (b), and renumbering and amendment of former section 3325(c) to section 3084.7(c) filed 5-18-89
as an emergency; operative 5-18-89 (Register 89, No. 21). A
Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-15-89.
7. Certificate of Compliance as to 5-18-89 order transmitted to OAL
9-7-89 and filed 10-10-89 (Register 89, No. 41).

3326. Records of Disciplinary Matters.
(a) Upon conclusion of disciplinary proceedings, all documents
relating to the disciplinary process, findings and disposition shall
be disposed of in the following manner:
(1) When an inmate is held responsible for the act charged,
copies of all documents prepared for and used in the disciplinary
proceedings shall be placed in the inmate’s central file. A copy of

3324. Conduct Reportable to the Releasing Authority.
(a) Rules of the Board of Prison Terms and those of the Narcotic
Addict Evaluation Authority require that specific acts of inmate
conduct be reported to the appropriate releasing authority when the
inmate has an established or anticipated release date on an

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(2) No credit shall be restored if the inmate is found guilty of
any subsequent rule violation that occurred within the required
disciplinary-free periods provided in Section 3328.
(3) No credit shall be restored if the worktime credit denial or
loss was ordered by court judgment unless the court rescinds or
overturns the order.
(4) No credit shall be restored for the following disciplinary
offenses:
(A) The inmate was found guilty of use of a controlled
substance, marijuana, or alcohol, based on a positive test result
from a departmentally approved testing method;
(B) The inmate was ordered to submit to a drug test pursuant to
section 3290(c) and refused the test;
(C) The inmate was found guilty of fermentation or distillation
of materials in a manner consistent with the production of alcohol
in a prison or community access facility;
(D) The inmate was found guilty of unauthorized possession of
dangerous contraband as defined in section 3000.
(b) Upon completion of a disciplinary-free period for Division
D, E, and F offenses as provided in section 3328, an eligible
inmate may apply to their caseworker for credit restoration by
submitting a CDC Form 958 (Rev. 8/87), Application for Inmate’s
Restoration of Credits. A restoration hearing shall be conducted
within 30 days of the inmate’s application. The inmate has a right
to be present at the hearing and to a written decision of the
committee.
(1) A classification action resulting in restoration of worktime
credit shall be documented and forwarded to the facility’s case
records staff for recalculation of the inmate’s release date.
(2) When an inmate does not meet the criteria for a credit
restoration hearing, the caseworker shall note the reasons on the
CDC Form 958 and return it to the inmate.
(c) Credit shall be restored at the consideration hearing unless it
is determined that the inmate has, since the disciplinary infraction
leading to the credit forfeiture, refused or failed to perform in a
work, training, or educational assignment during the required
disciplinary-free period, or under extraordinary circumstances, as
described in section 3329.
(1) Credit shall not be restored in an amount rendering the
inmate overdue for release.
(2) An inmate who is a violent offender as defined in Penal
Code (PC) Section 667.5(c), or who is serving a term upon
conviction of child abuse pursuant to PC Sections 273a, 273ab,
273d, or any sex offense identified in statutes as being perpetrated
against a minor victim, or who is an offender for whom such
notification has been ordered by any court shall not be eligible for
credit restoration which would result in a notification being
provided to local law enforcement in less than 45 days prior to the
inmate’s scheduled release date.
(3) The inmate shall be informed at the hearing that case
records staff shall determine the actual release date which shall
include a minimum of ten working days for release processing.
However, if the inmate is a violent offender as defined in PC
Section 667.5(c) or is serving a term upon conviction of child
abuse pursuant to PC Section 273a, 273ab, 273d, or any sex
offense identified in statutes as being perpetrated against a minor
victim, or for whom such notification has been court ordered, the
number of working days for release processing shall be sufficient
to ensure that local law enforcement officials will be notified of the
inmate’s release in not less than the 45-day time frame required by
law. A copy of the new legal status sheet reflecting the credit
restoration shall be provided to the inmate.
(d) If less than 100 percent of restorable credits forfeited are
restored by the classification committee, the inmate may make
additional applications for restoration upon completion of additional disciplinary-free periods until all restorable credit is restored
or the inmate is released from custody.

the completed CDC Form 115 shall be provided to the inmate. A
copy of the completed CDC Form 115 shall be filed in the Register
of Institution Violations.
(2) When the inmate is found not guilty of the act charged or
when the charge is dismissed for any reason, the documents
prepared for and used in the disciplinary process shall not be
placed in any file pertaining to the inmate. However, two copies of
any CDC Form 115 used in the disciplinary process shall be
completed as to findings and disposition. One copy of the
completed report shall be filed in the Register of Institution
Violations. The other completed copy shall be provided to the
inmate. All other copies of the CDC Form 115 and all supplemental reports shall be destroyed.
(3) Unless information developed through the disciplinary process, such as enemy information, needs to be considered in future
classification committee determinations affecting an inmate found
not guilty of a rule violation or whose charges were dismissed, no
other recording or document relating to the rule violation charge or
disciplinary proceedings shall be placed in files pertaining to the
inmate.
(b) Information developed through the disciplinary process,
classification committee determinations affecting the inmate, or
events requiring explanation shall be recorded by the disciplinary
hearing officer on a CDC Form 128-B, Informative Chrono, and
referred to the classification committee. Such information shall
include but not be limited to the following:
(1) The reason for an inmate’s placement in restricted housing
prior to adjudication of the charges if that information has not been
previously considered in a classification committee hearing;
(2) Any reason for retaining the inmate in restricted housing
after a finding of not guilty or dismissal of charges; or
(3) Any program assignment or placement change which needs
to be considered in view of other inmate or employee animosity
toward the individual.
(4) The CDC Form 128-B shall be placed in the inmate’s
central file and a copy shall be provided to the inmate.
(c) Provisions of this section shall also apply when a finding of
guilt on disciplinary charges is reversed or dismissed on appeal, or
when information reported on a CDC Form 128-A, Custodial
Counseling Chrono, is found on appeal to be incorrect or inappropriate.
(d) A finding of not guilty, dismissal, or reversal of a previous
finding of guilt shall require an audit and updating of any
documentation in the inmate’s file reflecting a prehearing assumption of guilt or the original finding of guilt. Such documentation
shall not be removed from the inmate’s file, but shall be annotated
with a cross-reference to the CDC Form 128-B documenting the
most recent findings and action on the charge.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 2081, Penal Code.
HISTORY:
1. New section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (a) filed 3-22-78; effective thirtieth day
thereafter (Register 78, No. 12).
3. Amendment of section and new Note filed 5-5-95; operative 6-5-95
(Register 95, No. 18).

Article 5.5. Restoration of Forfeited
Worktime Credits
3327. Restoration of Forfeited Credits.
(a) Forfeited credits shall at no time be restored as specified
below:
(1) No credit shall be restored for any serious disciplinary
offense punishable by a credit loss of more than 90 days. These
offenses include Divisions A-1, A-2, B and C.

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§ 3329

subsection (c)(3) and Note filed 5-22-2006; operative 5-22-2006
pursuant to Government Code section 11343.4 (Register 2006,
No. 21).
21. Amendment of subsections (a)(2) and (a)(4) and new subsections
(a)(4)(A)–(D) filed 8-4-2008; operative 8-4-2008 pursuant to
Government Code section 11343.4 (Register 2008, No. 32).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5, 2932, 2932.5, 2933, 3058.6, 3058.9
and 5054, Penal Code.
HISTORY:
1. New article 5.5 (sections 3327–3329) filed 5-4-83; designated
effective 6-1-83 pursuant to Government Code section 1136.2(d)
(Register 83, No. 19).
2. 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.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
4. 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.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No. 24).
6. 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.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed
10-26-88 (Register 88, No. 50).
8. Amendment of subsections (b) and (c) filed 12-20-91 as an
emergency; operative 12-20-91 (Register 92, No. 4). A Certificate
of Compliance must be transmitted to OAL 4-20-92 or emergency
language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 12-20-91 order transmitted to OAL
4-20-92 and filed 5-28-92 (Register 92, No. 24).
10. Amendment of section heading, section and Note filed 5-5-95;
operative 6-5-95 (Register 95, No. 18).
11. Amendment of section 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.
12. Certificate of Compliance as to 3-20-96 order transmitted to OAL
7-25-96 and filed 9-5-96 (Register 96, No. 36).
13. New subsection (a)(3) and amendment of Note filed 11-12-97 as
an emergency; operative 11-12-97 (Register 97, No. 46). A
Certificate of Compliance must be transmitted to OAL by 3-13-98
or emergency language will be repealed by operation of law on the
following day.
14. Editorial correction of History 13 (Register 98, No. 18).
15. New subsection (a)(3) and amendment of Note refiled 4-29-98 as
an emergency; operative 4-29-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-6-98 or
emergency language will be repealed by operation of law on the
following day.
16. Certificate of Compliance as to 4-29-98 order transmitted to OAL
6-12-98 and filed 7-21-98 (Register 98, No. 30).
17. Amendment of subsection (a)(3) filed 8-27-98 as an emergency;
operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency
language will be repealed by operation of law on the following
day,
18. Amendment of subsection (a)(3) refiled 2-3-99 as an emergency;
operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted
to OAL by 7-13-99 or emergency language will be repealed by
operation of law on the following day.
19. Certificate of Compliance as to 2-3-99 order, including further
amendment of subsection (a)(3) and new subsection (a)(4),
transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No.
26).
20. Amendment of subsections (a)(2) and (c), new subsection (c)(2),
subsection renumbering and amendment of newly designated

3328. Disciplinary-Free Periods.
(a) A disciplinary-free period shall commence immediately
following the date and time an inmate is identified (date of
discovery of information leading to the charge) as committing a
rules violation.
(b) An inmate may apply for restoration of 100 percent of any
credit forfeited for a Division ‘‘D’’ or ‘‘E’’ offense, not identified
in section 3327, after remaining disciplinary free for 180 days.
(1) If less than 180 days remain before the inmate’s established
release date, a one-time application may be made within 90 days
of the established release date when the inmate has remained
disciplinary free for a minimum of 60 days.
(2) Violent offenders as defined in PC Section 667.5(c) and
offenders serving a term upon conviction of child abuse pursuant
to PC Sections 273a, 273ab, 273d, or any sex offense identified in
statutes as being perpetrated against a minor victim, or for whom
such notification has been ordered by any court, shall be eligible
for the one-time credit restoration application only if local law
enforcement officials can be notified of the inmate’s release in not
less than the 45-day time frame required by law.
(c) An inmate may apply for restoration of 100 percent of any
credit forfeited for a Division ‘‘F’’ offense, not identified in section
3327, after remaining disciplinary free for 90 days.
(1) If less than 90 days remain before the inmate’s established
release date, a one-time application may be made within 60 days
of the established release date when the inmate has remained
disciplinary free for a minimum of 30 days.
(2) Violent offenders as defined in PC Section 667.5(c) and
offenders serving a term upon conviction of child abuse pursuant
to PC Sections 273a, 273ab, 273d, or any sex offense identified in
statutes as being perpetrated against a minor victim, or for whom
such notification has been ordered by any court, shall be eligible
for the one-time credit restoration application only if local law
enforcement officials can be notified of the inmate’s release in not
less than the 45-day time frame required by law.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5(c), 2932, 2933, 3058.6, 3058.9 and
5054, Penal Code.
HISTORY:
1. Amendment of section heading, section and Note filed 5-5-95;
operative 6-5-95 (Register 95, No. 18).
2. Repealer of subsections (b) and (c) 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.
3. Editorial correction of second Exception (Register 96, No. 36).
4. Certificate of Compliance as to 3-20-96 order transmitted to OAL
7-25-96 and filed 9-5-96 (Register 96, No. 36).
5. Amendment filed 5-22-2006; operative 5-22-2006 pursuant to
Government Code section 11343.4 (Register 2006, No. 21).
6. Amendment of subsections (a), (b), (b)(1), (c) and (c)(1) filed
8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

3329. Extraordinary Circumstances.
(a) Extraordinary circumstances are significant factors which
aggravate the seriousness of a rule violation. A finding of factors
in aggravation shall be cause to postpone restoration for one
additional disciplinary-free period.
(b) Extraordinary circumstances include:

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

When ordered as intermittent confinement, confinement shall not
exceed 10 days during a 35-day period. The chief disciplinary
officer shall review the treatment of an inmate confined in
disciplinary detention and consider a modification of sentence
when evidence indicates the inmate is ready to conform to the
rules.
(d) Time served in disciplinary detention will be computed on
the basis of full days in detention. The day of placement and the
day of release will not count as a day of time served. Intermittent
detention may extend from the end of the workday before the first
full day of detention to the beginning of the workday following the
last full day of detention.
(e) Continuous disciplinary detention of an inmate shall not
exceed 10 full days without approval of the director or deputy
director, institutions.
(f) If an extension beyond 10 days is approved, the warden/
superintendent shall note that fact in the disposition section of the
rule violation report stating the reasons for the extension and the
additional amount of time the inmate shall be confined, and shall
sign and date the notation.
(g) A request for the director’s approval to retain an inmate in
disciplinary detention for longer than 30 days shall be accompanied by a current psychological evaluation of the inmate’s mental
health. Such evaluation shall include a personal interview with the
inmate.

(1) The victim was particularly vulnerable.
(2) Multiple victims were involved.
(3) The inmate induced others to participate in the act or
occupied a position of leadership or dominance over the other
participants.
(4) The inmate threatened witnesses, prevented or dissuaded
witnesses from testifying, induced others to perjure themselves or
in any way interfered in the investigation or adjudication of the act.
(5) The inmate’s misconduct included other acts which could
have resulted in the forfeiture of additional credits.
(6) The plan, sophistication, or professionalism with which the
act was carried out, or other facts indicating premeditation.
(7) The inmate involved nonprisoners in the act.
(8) The act involved a large quantity of contraband.
(9) The inmate took advantage of a position of trust or confidence.
(10) The inmate engaged in a pattern of violent conduct.
(11) The inmate’s record documents numerous acts of and/or
increasingly serious misconduct.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 4573.6, and 5054, Penal Code.
HISTORY:
1. New subsection (c)(13) filed 12-20-91 as an emergency; operative
12-20-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-20-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL
4-20-92 and filed 5-28-92 (Register 92, No. 24).
3. Amendment of section and Note filed 5-5-95; operative 6-5-95
(Register 95, No. 18).
4. Repealer of subsections (b)(1)–(2), (b)(10) and (b)(13), subsection
renumbering, and amendment of newly designated subsection
(b)(10) 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.
5. Editorial correction of subsection (b)(7) (Register 96, No. 36).
6. Certificate of Compliance as to 3-20-96 order transmitted to OAL
7-25-96 and filed 9-5-96 (Register 96, No. 36).
7. Repealer of subsection (b)(10) and subsection renumbering filed
8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35).
A Certificate of Compliance must be transmitted to OAL by 2-3-99
or emergency language will be repealed by operation of law on the
following day.
8. Repealer of subsection (b)(10) and subsection renumbering refiled
2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency
language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-3-99 order transmitted to OAL
5-12-99 and filed 6-24-99 (Register 99, No. 26).

Article 6.

TITLE 15

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
HISTORY:
1. Repealer of Article 6 (sections 3330–3337) and new Article 6
(sections 3330–3333) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16). For prior history see Registers 77, No. 20,
78, No. 12, 78, Nos. 24 and 25, 79, Nos. 18 and 31.
2. 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.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL
12-4-87; disapproved by OAL (Register 88, No. 16).
4. 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.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL
5-3-88; disapproved by OAL (Register 88, No. 24).
6. 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.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed
10-26-88 (Register 88, No. 50).
8. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 6).
9. Editorial correction of printing error in History 1. (Register 92,
No. 5).

Disciplinary Detention

3330. Disciplinary Detention.
(a) An inmate may not be assigned to disciplinary detention as
defined in section 3000 except on the order of a disciplinary
committee or senior disciplinary hearing officer.
(b) Disciplinary detention may be ordered in a housing unit or
section of a housing unit specifically designed for that purpose or
in any room or cell which provides the necessary security, control,
and restriction of the inmate’s actions. When disciplinary detention
is ordered in a housing unit other than a designed disciplinary
detention unit, the conditions of detention will be the same as
prescribed for disciplinary detention units.
(c) Disciplinary detention may be ordered as a continuous
period of confinement or as intermittent confinement on holidays,
weekends or days off from assigned work and program activities.

3331. Conditions of Detention.
(a) Insofar as the safety and security of institution and for
persons will permit, the physical facilities of designated disciplinary detention units will approximate those housing general population inmates.
(b) Quarters. Where adequate and secure facilities are available
and the number of inmates assigned to designated disciplinary
detention units permit, inmates so assigned will be housed in single
occupancy quarters. When the use of multiple occupancy quarters
is necessary, the number of inmates so assigned will not exceed the
capacity of beds for which such quarters are equipped except as a
temporary emergency measure. The office of the deputy directorinstitutions or the departmental duty officer will be notified when

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3332

(l) Restrictions. A written report by the administrator or supervisor in charge of a disciplinary detention unit will be submitted to
the chief disciplinary officer whenever an inmate undergoing
disciplinary detention is deprived of any usually authorized item,
activity or privilege. A special report to the chief disciplinary
officer and to a classification committee will be made when an
inmate’s circumstances indicate a continuing need for separation
from general population or from specific persons.

such an emergency exists for longer than 24 hours. Institution and
department efforts will be coordinated as necessary to resolve the
overcrowding situation as quickly as possible.
(c) Personal Items.
(1) Inmates will not be permitted to use or possess items of
personally owned property, such as radios, television sets, tape
players, musical instruments, and typewriters while undergoing
disciplinary detention. Personal items necessary for health and
hygiene may be used if such items are not available for issue by the
institution.
(2) Inmates will not be permitted to purchase, use or possess
edible or consumable canteen items while undergoing disciplinary
detention.
(3) Inmates may be deprived of the use of personally owned
clothing and footwear while undergoing disciplinary detention
when adequate state clothing and footwear are issued. No inmate
in disciplinary detention will be required to wear clothing that
significantly differs from that worn by other inmates in the unit,
except that temporary adjustments may be made for security
reasons and for protection from self inflicted harm. No inmate will
be clothed in any manner intended to degrade the inmate.
(d) Meals. Inmates in disciplinary detention shall be fed the
same meal and ration as is provided for general population
inmates. Meals served shall supply approximately 2500 calories
per day.
(e) Mail. The sending and receiving of first class mail will not
be restricted while an inmate is undergoing disciplinary detention.
Delivery or issue of packages, publications and newspapers will be
withheld during disciplinary detention
(f) Visits. Inmates undergoing disciplinary detention retain the
right to have personal visits. Privileges and amenities associated
with visiting including physical contact with visitors may be
suspended during the disciplinary detention period. When the
number, length or frequency of visits are limited, the inmate will
be permitted to choose who will visit from among persons
approved to visit before the detention period began.
(g) Personal Cleanliness. Inmates undergoing disciplinary detention will be provided the means to keep themselves clean and
well-groomed. Haircuts will be provided as needed. Showering
and shaving will be permitted at least three times a week.
(h) Exercise. Inmates undergoing disciplinary detention will be
permitted a minimum of one hour per day, five days per week, of
exercise outside their cells unless security and safety considerations preclude such activity.
(i) Reading Material. State supplied reading material will be
provided for inmates undergoing disciplinary detention. Such
material may be assigned to disciplinary detention units from the
inmate library and will represent a cross section of material
available to the general population. At the discretion of the warden
or superintendent, inmates enrolled in educational programs who
have textbooks in their personal property may be permitted to
study such material while undergoing disciplinary detention.
(j) Legal Material. Inmates undergoing disciplinary detention
will not be limited in their access to the courts. Legal resources
may be limited to pencil and paper, which will be provided upon
request, for correspondence with an attorney or preparation of
legal documents for the courts. Other legal material in an inmate’s
personal property may be issued to an inmate in disciplinary
detention if litigation was in progress before detention commenced
and legal due dates are imminent.
(k) Privileges. All privileges generally associated with the
inmate’s work/training incentive groups status will be suspended
during a period of disciplinary detention. This includes but is not
limited to: personal nonemergency telephone calls, handicraft
activities, use of recreational equipment, and the viewing of
television, and other privileges.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code.
HISTORY:
1. Amendment of subsection (k) filed 2-16-83; effective thirtieth day
thereafter (Register 83, No. 8).
2. Amendment of subsection (d) filed 2-8-88; operative 3-9-88
(Register 88, No. 7).
3. Amendment of subsection (c)(2) and amendment of Note filed
7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No.
27). Pursuant to Penal Code section 5058.3, a Certificate of
Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).

3332. Administration and Supervision of Detention Units.
(a) Plan of Operation. Each warden and superintendent will
establish and maintain a plan of operations for the disciplinary
detention of inmates, whether in a unit or section of a unit
designated for this specific purpose or in conjunction with other
special purpose housing of inmates. Such plans will conform to the
provisions of this article and will be updated as necessary to reflect
current procedures and practices. A copy of the plan will be
submitted to the director for review and approval annually, as
scheduled for required plans.
(b) Administration and Supervision. The administration of disciplinary detention units may be delegated to a staff member at not
less than the level of correctional captain. The supervision of
disciplinary detention units may be assigned to a staff member at
not less than the level of correctional sergeant.
(c) Visitation. Inmates assigned to disciplinary detention units
will be visited daily by the supervisor in charge of the unit and by
an institution physician, registered nurse or a medical technical
assistant. An inmate’s request to be visited by other staff will be
promptly referred to the staff member. A timely response should be
given to such requests whenever reasonably possible.
(d) Supervisor’s Responsibilities. The supervisor in charge of a
disciplinary detention unit is responsible for the physical security
of the unit, the control of contraband within the unit, and for safe,
sanitary and decent working and living conditions within the unit.
When any condition within the unit or the behavior, conduct or
appearance of any inmate confined therein appears to warrant the
attention of specific or specialized staff, the matter will be
promptly brought to the attention of appropriate staff.
(e) Suicide Risks. Inmates undergoing disciplinary detention
who are diagnosed by qualified medical staff as a suicide risk will
be moved to a hospital setting, and medical staff will assume
responsibility for such placement and for observation and supervision of the inmate. Such movement and supervision will be in
cooperation and coordination with custody staff.
(f) Management Cases. An inmate who persists in unduly
disruptive, destructive or dangerous behavior and who will not
heed or respond to orders and warnings to desist from such
activity, may be placed in a management cell on an order of the
unit’s administrator or, in his or her absence, an order of the watch
commander. In addition to any necessary incident or disciplinary
reports, the matter will be reported to the warden, superintendent,
chief disciplinary officer or administrative officer of the day, one
of whom will review management cell resident status daily. An

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

in the general population may be reviewed by the Classification
Committee for BMU placement consideration.
(3) Gang Related Activity
(A) Any pattern, which consists of two or more documented
behaviors which indicates an individual’s participation in gang
related activity may be grounds for placement in the BMU. Gang
related activity is defined as behavior which indicates an inmate’s
participation in a gang, prison gang, street gang or disruptive group
as defined in section 3000.
(c) Inmates who meet the criteria for placement in the BMU
program per section 3334(b) shall be reviewed by a Classification
Committee after initial placement in the BMU program as outlined
in section 3334(c)(3) below. The Classification Committee shall
review, determine and assess the appropriate step, and if applicable
approve a step change as outlined in section 3334(e) for each BMU
inmate as recommended by BMU staff not less than every 30 days.
(1) Initial placement into the BMU shall be for a minimum of
90 days beginning on the date of reception into the BMU.
(2) Subsequent BMU placements shall be for a minimum of 180
days beginning on the date of reception into the BMU. Inmates
who require subsequent placement will be monitored by BMU
staff to ensure program compliance. If an inmate refuses to
participate as required, the Classification Committee will review
for possible program rejection.
(3) The Classification Committee will complete an initial assessment and develop an Individualized Training Plan (ITP) within
14 days of placement into BMU. The ITP will be based on each
inmate’s reason(s) for placement as outlined in section 3334(b).
(4) Inmates shall be expected to meet the requirements established by the Classification Committee as outlined in the ITP.
(5) Inmates must remain disciplinary free and complete the ITP
as directed by the Classification Committee before being released
from the BMU. The ITP may include, but is not limited to,
participation in departmentally approved cognitive behavior programs, and/or participation in self help groups.
(6) The Classification Committee shall be responsible for providing the inmate with notification of the rules and intent of the
BMU program. The CDC 128-G, Classification Chrono (Rev.
10/89), shall clearly state that the inmate was informed of the
reason for placement, the length of placement, and any additional
action the inmate must take to successfully complete the BMU
program.
(d) In each case of BMU placement, release from the BMU is
based upon completion of the ITP established by the Classification
Committee.
(1) The Classification Committee will determine if the inmate
has successfully completed their ITP requirements or failed to
meet their requirements. Inmates who have met their ITP requirements shall be eligible to advance to the next step of the BMU
program. Inmates who have not met their ITP requirements shall
be reviewed for appropriate step placement.
(e) BMU Step Process: Work Group/Privilege Group designations
(1) All inmates placed into the BMU will be designated a Work
Group (WG), consistent with section 3044, and as determined by
the Classification Committee effective the date of placement.
Regardless of the WG, the designated Privilege Group (PG),
consistent with section 3044, for Step 1 and Step 2 shall be C. The
designated PG for Step 3 shall be B. All Work/Program assignments for BMU inmates shall be restricted to and located in the
BMU.
(A) Step 1: Initial Placement—WG A1, A2, B or C and PG C.
If the inmate meets the goals of the ITP, he will advance to Step 2.
(B) Step 2: WG A1, A2, B, or C and PG C. If the inmate meets
the goals of the ITP, he will advance to Step 3.
(C) Step 3: WG A1, A2, B and PG B. If the inmate meets the
goals of the ITP, he will advance to Step 4.

inmate who requires management cell placement for longer than
24 hours will be considered for transfer to a psychiatric management unit or other housing appropriate to the inmate’s disturbed
state.
(g) Disciplinary Detention Records.
(1) A Disciplinary Detention Log, CDC Form 114, will be
maintained in each designated disciplinary detention unit. Specific
information required in this log will be kept current on a daily and
shift or watch basis. A completed log book will be retained in the
unit for as long as any inmate recorded on the last page of that log
remains in the unit. Storage and purging of log books will be in
accordance with department schedules. One disciplinary detention/
segregation log may serve a disciplinary detention unit and other
special purpose segregation units, which are combined and are
administered and supervised by the same staff members.
(2) A separate record will be maintained on each inmate
undergoing disciplinary detention. This record will be compiled on
CDC Form 114-A, Detention/Segregation Record. In addition to
the identifying information required on the form, all significant
information relating to the inmate during the course of detention,
from reception to release, will be entered on the form in chronological order.
NOTE: Authority cited: section 5058, Penal Code. Reference: Section
5054, Penal Code.

3333. Confinement to Quarters.
(a) Confinement to quarters may be ordered as a continuous
period of confinement or as intermittent confinement on holidays,
weekends or days off from assigned work and classified program
activities. When ordered as intermittent confinement, confinement
may not exceed 10 ten days during a 35-day period.
(b) Confinement to quarters may extend from the first full day
of confinement to the beginning of the day following the last full
day of confinement. Such partial days will not reduce the total
number of full days of ordered confinement.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Change without regulatory effect amending section filed 10-29-90
pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 6).

Article 6.5.

TITLE 15

Behavior Management Unit

3334. Behavior Management Unit.
(a) An inmate may not be assigned to a Behavior Management
Unit (BMU), as defined in section 3000, except on the order of a
Classification Committee.
(b) Inmates may be referred to a Classification Committee for
placement into the BMU for one or more of the following reasons:
(1) Program Failure. The inmate is deemed a Program failure as
defined by section 3000.
(2) Security Housing Unit (SHU) Offense as defined in section
3341.5(c)(9).
(A) If an inmate has been found guilty of an offense for which
a determinate term of confinement has been assessed, whether
imposed or suspended, and whose in-custody behavior reflects a
propensity towards disruptive behavior, the inmate may be referred
to a classification committee for placement in the BMU.
(B) Inmates currently serving a determinate SHU term whose
in-custody behavior reflects a propensity towards disruptive behavior, which otherwise would not be eligible for additional SHU
term assessment, shall be considered by the Institutional Classification Committee (ICC) for placement in a BMU upon completion
or suspension of the SHU term.
(C) Inmates that have reached the Minimum Eligible Release
Date (MERD) and have demonstrated an unwillingness to program

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

(D) Step 4: Upon completion of the ITP, inmates will be
returned to traditional general population housing.
(f) Failure to progress in the stepped process shall be grounds
for rejection from the BMU program and a review by the
Classification Committee for placement on WG C PG C status.
Inmates who have been rejected from the program shall not be
placed in any other general population work or program assignment until they have successfully completed their ITP in the BMU.
Inmates who have been rejected from the BMU program must
submit a written request to their Correctional Counselor I for
readmission to the program and shall be reviewed by the Classification Committee.
(g) Authorized BMU Property
(1) Inmates shall possess only the listed items of personal
property while assigned to the BMU:
(A) Ring (Wedding band, yellow or white metal only. Not to
exceed $100 maximum declared value, and may not contain a set
or stone), one.
(B) Religious Medal and Chain (not to exceed $100 maximum
declared value, chain not to exceed 18’’in length, obtainable as a
set only. Chains may not be purchased separately from medal),
one.
(C) Religious Items (as approved by the local religious review
committees, e.g., kufi caps, yarmulkes, prayer rugs, etc.).
(D) Books, Magazines, and Newspapers (paperback or hardback with cover removed only. Limit does not apply to legal
materials), ten.
(E) Prescription eyeglasses, clear lens only, one (as prescribed
by a physician) pair.
(F) Tennis Shoes (no shades of red or blue, low, mid, or high
tops are permitted. Must be predominantly white in color. Shoe
laces white only. Not to exceed $75.00. No hidden compartments,
zippers, or laces that are covered or concealed. No metal components including eyelets), one pair.
(G) Shower shoes (foam or soft rubber, single layer construction, not exceeding 1’’in thickness), one pair.
(H) Briefs (white only), ten pairs.
(I) Gloves (cold weather gloves upon approval of Warden, no
zippers, pockets, or metal), one pair.
(J) Watch Cap (no black, cold weather watch caps upon
approval of Warden), one.
(K) Rain Coat/Poncho (transparent only), one.
(L) Socks (white only, any combination of short to knee-high),
seven pairs.
(M) Under Shirts (white only, any combination of crew neck,
v-neck, long sleeve or sleeveless athletic tank-top. Turtle neck and
mock turtle neck are not permitted), five pairs.
(N) Dental Adhesive (for approved denture wearers only), two.
(O) Dental Flossers/Gliders (no more than 3’’in length, amount
allowed in possession to be determined by local institutional
procedure).
(P) Dental Cleanser, one box.
(Q) Dorant/Antiperspirant (stick or roll-on, must be clear and in
clear container only), four.
(R) Medications, Over-The-Counter (OTC) (only those OTC
medications permitted by the Division of Correctional Health Care
Services shall be stocked by institution canteens, OTC medications
are not approved for inmate packages).
(S) Mouthwash (non-alcoholic only), one.
(T) Palm Brush/Comb (no handle, plastic only), one.
(U) Razor, Disposable (not permitted in Level IV 180 design
housing), five.
(V) Shampoo, one.
(W) Shaving Cream (non-aerosol), one.
(X) Soap, Bar, six.
(Y) Soap Dish (non-metal), one.

§ 3334

(Z) Toothbrush (subject to local determination of maximum
length, local facility is required to shorten if necessary, to meet
local requirements), one.
(AA) Toothbrush Holder (plastic only, may only cover head of
toothbrush), one.
(AB) Toothpaste/Powder (toothpaste must be clear and in clear
container), one.
(AC) Washcloths (white only), two.
(AD) Address Book (paperback only, 3’’x 5’’maximum), one.
(AE) Ballpoint Pens (non-metal, clear plastic only), one.
(AF) Bowl (construction material to be approved by Division of
Adult Institution (DAI), maximum of 8’’in diameter), one.
(AG) Can Opener (restricted from Level IV housing), one.
(AH) Legal Pads/Tablets and Notebooks (no spiral bound), one.
(AI) Envelopes, Blank and/or Pre-Stamped, forty.
(AJ) Envelopes, Metered (indigent inmates only), five.
(AK) Legal material, as authorized per section 3161.
(AL) Photos/Portraits (maximum of 8’’x 10’’), fifteen.
(AM) Reading Glasses-Non Prescription (magnifying glasses),
one pair.
(AN) Stamps (U.S. Postal only), forty.
(AO) Stationary (for written correspondence, may be decorated
and have matching envelopes), fifteen sheets.
(AP) Tumbler (construction material to be approved by DAI, 16
ounce or less), one.
(AQ) Health Care Appliance (Dr. Rx. Only. Not subject to the
six-cubic foot limit).
(AR) Canteen items, not to exceed one month’s draw of
assigned privilege group.
(2) Inmates in the BMU shall possess personal property as
authorized in section 3190(c) and 3334(g)(1).
(3) Inmates assigned to the BMU upon the initial placement
will have their personal property, not identified as authorized BMU
property outlined in 3334(g)(1) and 3334(g)(2) stored, provided:
(A) Initial BMU placement is for no more than 90 days.
(B) Inmate participates in the BMU program and progresses to
the next step at each 30 day review as outlined in section 3334(e).
(C) Inmate does not receive any property related disciplinary
violations while in the BMU program.
(4) Should the inmate fail to comply with the provisions above,
all unallowed personal property not identified as authorized BMU
property outlined in 3334(g)(1) and 3334(g)(2) shall be disposed
of as provided in section 3191(c).
(5) Inmates assigned to the BMU upon the second or subsequent placements shall have all personal property, not outlined in
3334(g)(1) and 3334(g)(2), disposed of as provided in section
3191(c).
(h) Canteen. BMU inmates will be allowed only one (1) draw
per month. Canteen privileges shall be established by the Classification Committee as follows:
Step 1—One fourth the maximum monthly canteen draw as
authorized in section 3044(f).
Step 2—One fourth the maximum monthly canteen draw as
authorized in section 3044(f).
Step 3—One half the maximum monthly canteen draw as
authorized in section 3044(e).
(i) Vendor packages are authorized for receipt by inmates
housed within the BMU in accordance with their privilege group
status as provided in section 3044(c).
(j) Mental Health Services. BMU inmates will be seen by the
Mental Health Department in accordance with normal GP treatment expectations as outlined within the Mental Health Services
Delivery System (MHSDS). A Mental Health clinician shall attend
the Classification Committee for all initial reviews in order to
assess the appropriateness of BMU placement for an inmate
included in the MHSDS. Inmate’s currently at the Enhanced Out
Patient (EOP) level of care are not eligible for BMU placement.

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

segregation placement. Should the completed investigation result
in the issuance of a Rules Violation Report and/or a referral to the
district attorney for criminal prosecution, an ICC shall review the
case in accordance with the schedule set forth in subsections (1),
(2), or (3) above. Upon resolution of such matters, an ICC shall
review the inmate’s case within 14 calendar days. At that time, if
no further matters are pending, but continued segregation placement is required pending transfer to a general population, ICC
reviews shall be at least every 90 days until transfer can be
accomplished.
(e) Inmate retention in administrative segregation beyond the
initial segregation ICC hearing shall be referred for CSR review
and approval within 30 days and then thereafter in accordance with
subsection (d) above. In initiating such reviews an ICC shall
recommend one of the following possible outcomes:
(1) Transfer to another institution in accordance with section
3379.
(2) Transfer to a Segregated Program Housing Unit in accordance with section 3341.5.
(3) Retention in segregation pending completion of an active
investigation into an alleged violation of the rules/disciplinary
process, an investigation of other matters, or resolution of criminal
prosecution. In such instances an ICC shall offer a reasonable
projection of the time remaining for the resolution of such matters.
(f) Subsequent to CSR approval of an extension of segregation
retention, an ICC will schedule the case for future CSR review in
a time frame consistent with the projection(s) made in accordance
with subsection (d) above.
(g) Inmates in segregation who have approved Security Housing Unit (SHU) term status, but are still awaiting other processes
(i.e., court proceedings, adjudication of other rule violation reports,
gang validation, etc.), shall be reviewed by an ICC in accordance
with the SHU classification process noted in subsection 3341.8.
(h) The need for a change in housing or yard status of any
inmate segregated under the provisions of this article shall be
reviewed at the next convened ICC hearing.
(i) 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.

(k) Visits. BMU inmates are permitted visits with their approved visitors. All visits for inmates at Step 1 and 2 will be
non-contact, this includes attorney visits. Inmates at Step 3 will be
afforded contact visits.
NOTE: Authority cited: Section 5058 and 5058.3, Penal Code.
Reference: Sections 5054, Penal Code.
HISTORY:
1. New article 6.5 (section 3334) and section filed 7-8-2008 as an
emergency; operative 7-8-2008 (Register 2008, No. 28). Pursuant
to Penal Code section 5058.3(a)(1), a Certificate of Compliance
must be transmitted to OAL by 12-15-2008 or emergency language
will be repealed by operation of law on the following day.
2. New article 6.5 (section 3334) and section refiled 12-15-2008 as an
emergency; operative 12-15-2008 (Register 2008, No. 51). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance
must be transmitted to OAL by 3-16-2009 or emergency language
will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-15-2008 order, including
amendment of section, transmitted to OAL 2-23-2009 and filed
4-2-2009 (Register 2009, No. 14).

Article 7.

TITLE 15

Segregation Housing

3335. Administrative Segregation.
(a) When an inmate’s presence in an institution’s general
inmate population 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 or
criminal activity, the inmate shall be immediately removed from
general population and be placed in administrative segregation.
Administrative segregation may be accomplished by confinement
in a designated segregation unit or, in an emergency, to any single
cell unit capable of providing secure segregation.
(b) Temporary Segregation. Pending a classification committee
determination of the inmate’s housing assignment, which may
include assignment to one of the segregation program units
specified in section 3341.5 of these regulations or to the general
inmate population, an inmate may be placed in a designated
temporary housing unit under provisions of sections 3336–3341 of
these regulations.
(c) An inmate’s placement in segregation shall be reviewed by
the Institutional Classification Committee (ICC) within 10 days of
receipt in the unit and under provisions of section 3338(a) of these
regulations. Action shall be taken to retain the inmate in segregation or release to general population.
(d) When, pursuant to this section, an ICC retains an inmate on
segregation status, the case shall be referred to a Classification
Staff Representative (CSR) for review and approval. Unless
otherwise directed by the CSR, subsequent ICC reviews shall
proceed in accordance with the following timelines until the
inmate is removed from segregation status:
(1) At intervals of not more than 90 days until pending Division
C, D, E, or F rules violation report is adjudicated. Upon resolution
of such matters, an ICC shall review the inmate’s case within 14
calendar days. At that time, if no further matters are pending, but
continued segregation retention is required pending transfer to a
general population, ICC reviews shall be within at least every 90
days until the transfer can be accomplished.
(2) At intervals of not more than 180 days until a pending
Division A-1, A-2, or B rules violation report is adjudicated, a
court proceeding resulting from a referral to the district attorney
for possible prosecution is resolved, or the gang validation
investigation process is complete. Upon resolution of such matters,
an ICC shall review the inmate’s case within 14 calendar days.
(3) At intervals of not more than 90 days until completion of the
pending investigation of serious misconduct or criminal activity,
excluding gang validation, or pending resolution of safety and
security issues, or investigation of non-disciplinary reasons for

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Wright v. Enomoto, (1976) 462 F
Supp 397; and Toussaint v. McCarthy (9th Cir. 1986) 801 F2d 1080,
cert. denied, 481 U.S. 1069.
HISTORY:
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).

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DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3338

level of correctional captain will review the order portion of the
CDC Form 114-D. If retention in administrative segregation is
approved at this review, the following determinations will be made
at this level:
(a) Determine the appropriate assignment of staff assistance, if
such assistance was deemed necessary by the official initiating the
CDC Form 114-D. If the inmate’s caseworker is not an appropriate
assignment because of the caseworker’s schedule, an alternate staff
assistance assignment will be made. The inmate will be notified in
writing of any change in the assignment of staff assistance. An
inmate may decline to accept the assignment of his or her
caseworker or the first person assigned. In such cases a different
staff member will be assigned to assist the inmate.
(b) Determine the inmate’s desire to call witnesses or submit
other documentary evidence. If the inmate requests the presence of
witnesses or submission of documentary evidence at a classification hearing on the reason or need for retention in segregated
housing, an investigative employee will be assigned to the case. A
request to call witnesses and the names of witnesses must be
submitted in writing by the inmate.
(c) Determine if the inmate has waived the 72-hour time limit in
which a classification hearing cannot be held, as indicated on the
CDC Form 114-D, or if the inmate desires additional time to
prepare for a classification hearing. A request and the reason for
needing additional time to prepare for a hearing must be submitted
in writing by the inmate. In the absence of an inmate’s waiver of
the 72-hour preparation period or an approved request for additional preparation time, a classification hearing cannot be held
earlier than 72 hours after the inmate’s placement in segregated
housing, but will be held as soon thereafter as it is practical to do
so.
(d) Determine the most appropriate date and time for a classification hearing based upon the determination arrived at under
(a)(b) and (c) and the time limitations prescribed in section 3338.

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).

3336. Segregation Order.
Authority to order an inmate to be placed in administrative
segregation, before such action is considered and ordered by a
classification hearing, may not be delegated below the staff level
of correctional lieutenant except when a lower level staff member
is the highest ranking official on duty.
(a) The reasons for ordering an inmate’s placement in administrative segregation will be clearly documented on a CDC Form
114-D (Order and Hearing on Segregated Housing) by the official
ordering the action at the time the action is taken.
(b) In addition to explaining the reason and need for an inmate’s
placement in administrative segregation, the official ordering the
action will determine if a staff member needs to be assigned to
assist the inmate in presenting the inmate’s position at a classification hearing on the need for retention in segregated housing.
Staff assistance will be assigned and the assignment will be noted
in the CDC Form 114-D if the inmate is illiterate or if the
complexities of the issues make it unlikely that the inmate can
collect and present evidence necessary for an adequate comprehension of the inmate’s position at a classification hearing. If an
inmate is not illiterate and the issues are not complex, staff
assistance will not be assigned. The reason for not assigning staff
assistance will be entered on the CDC Form 114-D.
(c) In assigning staff assistance, the official initiating the CDC
Form 114-D will designate the inmate’s caseworker by name, as
the staff member to assist the inmate. If the assigned caseworker’s
name is not known or cannot be readily determined by the official
initiating the CDC Form 114-D, the words ‘‘assigned caseworker’’
will be entered on the form.
(d) A copy of the CDC Form 114-D, with the ‘‘order’’ portion
of the form completed, will if practical, be given to the inmate
prior to placement in administrative segregation but not later than
48 hours after such placement. Copies of the CDC Form 114-D
with the ‘‘order’’ portion completed will also be submitted to the
warden or superintendent or designated staff for review and
possible further action as described in section 3337. A copy of the
CDC Form 114-D will also be routed to the records office as a
notice of the inmate’s current status and pending actions.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.

3338. Hearing on Segregated Housing Order.
(a) A classification hearing for consideration and determination
of the need to retain an inmate in segregated housing, for the
reasons set forth in a segregation order, CDC Form 114-D, will be
held as soon as it is practical and possible to do so, but in no case
longer than 10 days from the date the inmate was initially placed
in segregated housing, except for the following reasons:
(1) The segregation order, CDC Form 114-D, has been withdrawn and the inmate has been returned to general population
status pursuant to Section 3339.
(2) The inmate has been afforded the procedural safeguards of
a disciplinary hearing for a serious rule violation and the case has
been referred to a classification committee for review, as provided
in Section 3315(g). In such cases the classification committee may
rely upon the findings of the disciplinary hearing in determining
the inmate’s need for segregated housing and in ordering such
placement. A separate order and hearing on segregated housing is
not required in such cases.
(3) The inmate is retained in segregated housing for any
Administrative reasons or purposes after acquittal or dismissal of
disciplinary charges for which the inmate was segregated pending
a disciplinary hearing. In such cases, a segregated housing order
shall be initiated and a hearing shall be held on the order within the
time limits and under the procedural safeguards set forth in section
3339(b).
(4) A continuing state of emergency exists within the institution, as described in Section 3383. Under such circumstances the
hearing will be held as soon as it is safe and practical to do so.
(b) The hearing on an administrative segregation order, CDC
Form 114-D, may be conducted by a single classification hearing
officer (facility captain, correctional captain, correctional counse-

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Change without regulatory effect amending first paragraph filed
3-22-2001 pursuant to section 100, Title 1, California Code of
Regulations (Register 2001, No. 12).

3337. Review of Segregation Order.
On the first work day following an inmate’s placement in
administrative segregation, designated staff at not less than the

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§ 3339

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(i) The determinations arrived at in the classification hearing
will be documented in the hearing portion of the segregation order,
CDC Form 114-D, and in the classification committee report, CDC
Form 128-G, depending upon the hearing at which the need for
segregated housing is resolved. Such documentation will include
an explanation of the reason and the information and evidence
relied upon for the action taken. A copy of the completed CDC
Form 114-D and any CDC Form 128-G resulting from hearings
will be routed to the inmate’s central file. The inmate will also be
given copies of all completed forms and of all other documents
relied upon in the hearing except those containing confidential
information.

lor III, or experienced correctional lieutenant, or correctional
counselor II.) This does not preclude the use of classification
committees or subcommittees of classification for such hearings if
such committee hearings can be scheduled and conducted within
the time constraints required for such hearings. This option is left
to the discretion of each warden and superintendent.
(c) The inmate will be present at the initial hearing on an
administrative segregation order except under the applicable conditions as described in section 3320(g) of the director’s rules
relating to disciplinary hearings. If the hearing is held without the
inmate present, the reason will be documented on the segregation
order form. Any staff member assigned to assist the inmate will
also be present at the hearing.
(d) The primary purpose of the initial hearing on an administrative segregation order, CDC Form 114-D, is to determine the
need for continued retention in administrative segregation pending
criminal prosecution, disciplinary proceedings, the resolution of
nondisciplinary issues or considerations, and reclassification by
the institution’s main classification committee for assignment to a
specialized security housing unit, or an action on the main
classification committee’s recommendation for transfer to an
institution with appropriate specialized security housing units.
(e) When the reason for an inmate’s initial placement in
administrative segregation is a disciplinary matter and likely to
result in a formal report of violation of institution rules on a CDC
Form 115, or a referral to the district attorney for possible criminal
prosecution, the hearing will assume the alleged misconduct or
criminal activities to be factual as reported in the segregation order.
The hearing will not consider evidence or information relating to
the guilt or innocence of the inmate. The only determination to be
made is whether the inmate needs to be retained in administrative
segregation for the reasons given in subsection 3335(a) and in the
segregation order, CDC Form 114-D, pending resolution or disposition of disciplinary issues. If the hearing decision is to retain the
inmate in administrative segregation, the case will be referred to
the next scheduled meeting of the institution’s main classification
committee for review. The main classification committee may
review the case in absentia and continue the inmate in administrative segregation pending resolution of the disciplinary issues, or
schedule the inmate for a personal appearance to consider placement in a specialized security unit based upon other nondisciplinary reasons necessitating such placement.
(f) When the reason for an inmate’s placement in administrative
segregation is for nondisciplinary reasons, the hearing will consider all available evidence or information relating to the validity
of the reasons given for such placement as well as the need to
retain the inmate in administrative segregation pending resolution
of the situation or circumstances set forth in the administrative
segregation order.
(g) All cases of nondisciplinary administratively segregated
inmates referred to the institution’s main classification committee
in place of an initial hearing on a segregation order or for a review
of an initial hearing decision, will require the inmate’s personal
appearance except under the applicable conditions for absentia
hearings as described in section 3320(g) of the director’s rules.
(h) Based upon the finding of the investigative employee, the
initial hearing or the main classification committee will permit the
inmate to present witnesses and documentary evidence at the
hearing unless the initial hearing officer or the chairperson of the
committee determines in good faith that permitting such evidence
will be unduly hazardous to the institution safety or correctional
goals. The reason for disallowing witnesses or evidence will be
documented in the ‘‘hearing’’ portion of the segregation order,
CDC Form 114-D, and in the classification committee’s report
(CDC Form 128-G) depending upon the hearing at which the
presentation of such evidence or witnesses would have otherwise
been presented.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; and Wright v. Enomoto, 462 F Supp 397 (1976).
HISTORY:
1. Amendment of subsections (a)(2) and (a)(3) filed 3-2-83; effective
thirtieth day thereafter (Register 83, No. 12).
2. Change without regulatory effect amending subsections (c) and (g)
filed 5-7-96; operative 6-6-96 (Register 96, No. 19).
3. Change without regulatory effect amending subsection (b) filed
7-30-2001 pursuant to section 100, title 1, California Code of
Regulations (Register 2001, No. 31).
4. Change without regulatory effect amending subsection (b) filed
8-6-2001 pursuant to section 100, title 1, California Code of
Regulations (Register 2001, No. 32).

3339.

Release from Administrative Segregation and
Retention in Administrative Segregation.
(a) Release: Release from segregation status shall occur at the
earliest possible time in keeping with the circumstances and
reasons for the inmate’s initial placement in administrative segregation. Nothing in this article shall prevent the official ordering an
inmate’s placement in administrative segregation, or a staff member of higher rank in the same chain of command, from withdrawing an administrative segregation order before it is acted upon or
prior to a hearing on the order after consulting with and obtaining
the concurrence of the administrator of the general population unit
to which the inmate will be returned or assigned. Release from
segregated housing after such placement shall be effected only
upon the written order of an equal or higher authority.
(b) Retention: Subsections (b)(1)–(b)(5) set forth procedural
safeguards. These procedural safeguards apply to inmates retained
for administrative reasons after the expiration of a definite term or
terms of confinement for disciplinary reasons. Definite terms of
confinement shall be set or reduced by classification or administrative action.
(1) A segregated housing order, CDC Form 114-D, shall be
initiated, giving written notice of the reasons for such retention in
sufficient detail to enable the inmate to prepare a response or
defense. Except in case of a genuine emergency, a copy of the
order shall be given to the inmate prior to the expiration of the
determinate term or terms of confinement. In no case shall notice
be given later than 48 hours after the expiration of the determinate
term or terms.
(2) A fair hearing before one or more classification officials
shall be held not more than 96 hours after the inmate is given a
copy of the segregated housing order, unless the inmate requests,
in writing, and is granted additional time to prepare a defense.
(3) Representation by a staff assistant shall be provided if
institution officials determine that the inmate is illiterate or that the
complexity of the issues make it unlikely that the inmate can
collect or present the evidence necessary for an adequate comprehension of the case. The determination and designation is to be
made at the time the segregated housing order is prepared and shall
be included on the copy of the order given the inmate.
(4) The inmate shall be given a reasonable opportunity to
present witnesses and documentary evidence unless institution
officials determine in good faith that presentation of the evidence

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TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3341.5

plinary hearing investigations. In screening prospective witnesses,
the investigative employee will do so in accordance with the
information to be considered in the classification hearing, as
described in section 3338(e) and (f).

would be unduly hazardous to institutional safety or correctional
goals. The reason for disallowing designated evidence will be
explained in writing by the hearing body on the segregated housing
order.
(5) A copy of the completed segregated housing order containing a written decision, including references to the evidence relied
upon and the reasons for retention in segregated housing beyond
the expiration of the expired term of confinement, if so retained,
shall be given the inmate upon completion of the hearing.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.
HISTORY:
1. Editorial correction removing extraneous text (Register 97, No. 5).
2. Change without regulatory effect amending section filed 1-29-97
pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 5).

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.
HISTORY:
1. Repealer and new section filed 3-2-83; effective thirtieth day
thereafter (Register 83, No. 12).
2. Editorial correction of printing error in subsection (b)(2) (Register
92, No. 5).

3341.5. Segregated Program Housing Units.
Special housing units are designated for extended term programming of inmates not suited for general population. Placement into
and release from these units requires approval by a classification
staff representative (CSR).
(a) Protective Housing Unit (PHU). An inmate whose safety
would be endangered by general population placement may be
placed in the PHU providing the following criteria are met:
(1) The inmate does not require specialized housing for reasons
other than protection.
(2) The inmate does not have a serious psychiatric or medical
condition requiring prompt access to hospital care.
(3) The inmate is not documented as a member or an affiliate of
a prison gang.
(4) The inmate does not pose a threat to the safety or security of
other inmates in the PHU.
(5) The inmate has specific, verified enemies identified on CDC
Form 812 likely to and capable of causing the inmate great bodily
harm if placed in general population.
(6) The inmate has notoriety likely to result in great bodily
harm to the inmate if placed in general population.
(7) There is no alternative placement which can ensure the
inmate’s safety and provide the degree of control required for the
inmate.
(8) It has been verified that the inmate is in present danger of
great bodily harm. The inmate’s uncorroborated personal report,
the nature of the commitment offense or a record of prior
protective custody housing shall not be the sole basis for protective
housing unit placement.
(b) Psychiatric Services Unit (PSU). A PSU provides secure
housing and care for inmates with diagnosed psychiatric disorders
not requiring inpatient hospital care, but who require placement in
housing equivalent to Security Housing Unit (SHU), as described
in subsection 3341.5(c), at the Enhanced Outpatient Program level
of the mental health delivery system.
(c) Security Housing Unit (SHU). An inmate whose conduct
endangers the safety of others or the security of the institution shall
be housed in a SHU.
(1) Assignment criteria. The inmate has been found guilty of an
offense for which a determinate term of confinement has been
assessed or is deemed to be a threat to the safety of others or the
security of the institution.
(2) Length of SHU Confinement. Assignment to a SHU may be
for an indeterminate or for a fixed period of time.
(A) Indeterminate SHU Segregation.
1. An inmate assigned to a security housing unit on an
indeterminate SHU term shall be reviewed by a classification
committee at least every 180 days for consideration of release to
the general inmate population. An investigative employee shall not
be assigned at these periodic classification committee reviews.
2. Except as provided at section 3335(a), section 3378(d) and
subsection (c)(5), a validated prison gang member or associate is
deemed to be a severe threat to the safety of others or the security
of the institution and will be placed in a SHU for an indeterminate
term.

3340. Exclusions.
Separation from general population for the reasons and under
the circumstances described in this section is not considered
administrative segregation and is specifically excluded from the
other provisions of this article.
(a) Medical. When an inmate is involuntarily removed from
general inmate status for medical or psychiatric reasons by order of
medical staff and the inmate’s placement is in a hospital setting or
in other housing as a medical quarantine, the inmate will not be
deemed as segregated for the purpose of this article. When
personnel other than medical staff order an inmate placed in
administrative segregation for reasons related to apparent medical
or psychiatric problems, that information will be immediately
brought to the attention of medical staff. The appropriateness of
administrative segregation or the need for movement to a hospital
setting will be determined by medical staff. When medical and
psychiatric reasons are involved, but are not the primary reasons
for an inmate’s placement in administrative segregation, administrative segregation status will be continued if the inmate is moved
to a hospital setting and the requirements of this article will apply.
(b) Orientation and Lay-Over. Newly received inmates and
inmates in transit or lay-over status may be restricted to assigned
quarters for that purpose. Such restrictions should not be more
confining than is required for institution security and the safety of
persons, nor for a period longer than the minimum time required to
evaluate the safety and security factors and reassignment to more
appropriate housing.
(c) Disciplinary Detention. Placement in disciplinary detention
as an ordered action of a disciplinary hearing is not subject to the
provisions of this article except as provided in section 3338(a)(2)
and (3).
(d) Confinement to Quarters. Confinement to quarters as an
ordered action of a disciplinary hearing is not subject to the
provisions of this article.
(e) Segregated Inmates. When an inmate has been classified for
segregated housing in accordance with this article and commits a
disciplinary offense while so confined, or is returned to segregated
housing upon completion of a disciplinary detention sentence for
an offense committed in a segregated unit, the provision of this
article will not apply.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.

3341. Staff Assistance.
The duties and functions of a staff member assigned to assist an
inmate in a classification hearing on a segregated housing order
will be the same as described in section 3318 for a disciplinary
hearing. When an inmate requests witnesses at a classification
hearing on a segregation order and an investigative employee is
assigned, the investigative employee’s duties and functions will be
essentially the same as described in section 3318 for predisci-

149

§ 3341.5

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

(A) The inmate has an unexpired MERD from SHU.
(B) Release of the inmate would severely endanger the lives of
inmates or staff, the security of the institution, or the integrity of an
investigation into suspected criminal activity or serious misconduct.
(C) The inmate has voluntarily requested continued retention in
segregation.
(4) A validated prison gang member or associate shall be
considered for release from a SHU, as provided above, after the
inmate is verified as a gang dropout through a debriefing process.
(5) As provided at section 3378(e), the Departmental Review
Board (DRB) may authorize SHU release for prison gang members
or associates categorized as inactive. The term inactive means that
the inmate has not been involved in gang activity for a minimum
of six (6) years. Inmates categorized as inactive who are suitable
for SHU release shall be transferred to the general population of a
Level IV facility for a period of observation that shall be no greater
than 12 months. Upon completion of the period of observation, the
inmate shall be housed in a facility commensurate with his or her
safety needs. In the absence of safety needs, the inmate shall be
housed in a facility consistent with his or her classification score.
The DRB is authorized to retain an inactive gang member or
associate in a SHU based on the inmate’s past or present level of
influence in the gang, history of misconduct, history of criminal
activity, or other factors indicating that the inmate poses a threat to
other inmates or institutional security.
(6) As provided at section 3378(f), an inmate categorized as
inactive or validated as a dropout of a prison gang and placed in
the general population may be returned to segregation based upon
one reliable source item identifying the inmate as a currently active
gang member or associate of the prison gang with which the
inmate was previously validated. Current activity is defined as, any
documented gang activity within the past six (6) years. The
procedures described in this Article shall be utilized for the
removal of the inmate from the general population, the review of
the initial segregation order, and all periodic reviews of the
indeterminate SHU term.
(7) Determinate SHU terms shall only be served in a departmentally approved SHU or a facility specifically designated for
that purpose.
(8) When an inmate is paroled while serving a determinate
term, the remaining time on the term is automatically suspended.
When an inmate returns to prison, either as a parole violator or
with a new prison commitment, ICC shall evaluate the case for
reimposition of the suspended determinate term. If reimposed, the
term shall not exceed the time remaining on the term at the time of
parole.
(9) SHU Term Assessment Chart (fixing of determinate confinement to SHU).

(B) Determinate SHU Segregation.
1. A determinate period of confinement in SHU may be
established for an inmate found guilty of a serious offense listed in
section 3315 of these regulations. The term shall be established by
the Institutional Classification Committee (ICC) using the standards in this section, including the SHU Term Assessment Chart
(see section 3341.5(c)(9)), Factors in Mitigation or Aggravation
(see section 3341.5(c)(10)), SHU Term Assessment Worksheet
CDC Form 629-A, Rev. 3/96, Assessment of Subsequent SHU
Term Worksheet CDC Form 629-B, Rev. 9/90, and SHU Time
Computation Table (see CDC Form 629-D, Rev. 7/88).
2. The term shall be set at the expected term for the offense in
the absence of mitigating or aggravating factors. Deviation from
the expected term shall be supported by findings pursuant to
subsection (c)(7).
3. The terms shall be recorded on CDC Form 629-A, SHU Term
Assessment Worksheet, using the SHU Time Computation Table
which incorporates one-fourth clean conduct credit in the term.
The computation shall establish a maximum release date and a
minimum eligible release date (MERD). A copy of the CDC Form
629-A shall be given to the inmate.
4. Serious misconduct while in SHU may result in loss of clean
conduct credits or an additional determinate term for an inmate
serving a determinate term. Such additional term may be concurrent or consecutive and shall be recorded on CDC Form 629-B
with a copy given to the inmate. Such cases shall be referred to a
CSR for approval; however, all release and retention requirements
of section 3339 shall remain in effect pending CSR approval.
5. Up to 45 days of a SHU inmate’s clean conduct credits may
be forfeited for disciplinary infractions that are not serious enough
to warrant the assessment of a subsequent or concurrent SHU term.
Such forfeiture may be assessed against credits already earned or
future credits.
6. Consecutive SHU terms shall be assessed only for offenses
occurring after commencement of a prior determinate SHU term.
7. The ICC may commute or suspend any portion of a determinate term. Once commuted, the term shall not be reimposed. If
suspended, the period of suspension shall not exceed the length of
the original term imposed. When either action occurs, the case
shall be referred to a classification staff representative (CSR) with
a placement recommendation.
8. The Unit Classification Committee shall conduct hearings on
all determinate cases at least 30 days prior to their MERD or
during the eleventh month from the date of placement, whichever
comes first.
(3) Release from SHU. An inmate shall not be retained in SHU
beyond the expiration of a determinate term or beyond 11 months,
unless the classification committee has determined before such
time that continuance in the SHU is required for one of the
following reasons:

150

TITLE 15

TYPICAL TERM (Mos)
OFFENSE
(A) Homicide:
1. Murder, attempted murder, solicitation of murder, or voluntary manslaughter of a non-inmate.
2. Murder, attempted murder, solicitation of murder, or voluntary manslaughter of an inmate.
(B) Violence Against Persons:
1. Assault on a non-inmate with a
weapon or physical force capable
of causing mortal or serious injury.
2. Assault on an inmate with a
weapon or physical force capable
of causing mortal or serious injury.
3. Assault on a non-inmate with
physical force insufficient to cause
serious injury.
4. Assault on an inmate with physical
force insufficient to cause serious
injury.
5. Throwing a caustic substance on a
non-inmate.
(C) Threat to Kill or Assault Persons:
1. Use of non-inmate as hostage.
2. Threat to a non-inmate.
3. Threat to an inmate.
(D) Possession of a Weapon:
1. Possession of a firearm or explosive device.
2. Possession of a weapon, other than
a firearm or explosive device
which has been manufactured or
modified so as to have the obvious
intent or capability of inflicting
traumatic injury, and which is under the immediate or identifiable
control of the inmate.
(E) Trafficking in Drugs:
Distributing controlled substances
in an institution or camp or causing controlled substances to be
brought into an institution or
camp for the purpose of distribution.
(F) Escape with Force or Attempted
Escape with Force.
(G) Disturbance, Riot, or Strike:
1. Leading a disturbance, riot, or
strike.
2. Active participation in, or attempting to cause conditions likely to
threaten institution security.
(H) Harassment of another person,
group, or entity either directly or
indirectly through the use of the
mail or other means.
(I) Arson, Theft, Destruction of Property: Theft or destruction of State
property where the loss or potential loss exceeds $10,000 or
threatens the safety of others.
(J) Extortion and Bribery: extortion
or bribery of a non-inmate.
(K) Sexual Misconduct
1. Indecent Exposure
2. Sexual Disorderly Conduct (two or
more offenses within a twelve
month period)

§ 3341.5

DEPARTMENT OF CORRECTIONS AND REHABILITATION

Low

Expected

TYPICAL TERM (Mos)

High

(36

48

60)

(15

26

36)

(09

28

48)

(06

15

24)

(06

12

18)

(02

03

06)

(02

03

04)

(18
(02
(02

27
05
03

36)
09)
04)

(18

27

36)

(06

10

15)

(06

09

12)

(09

16

24)

(06

12

18)

(02

04

06)

(06

12

18)

(02

08

12)

(02

06

09)

(03

06

09)

(03

06

09)

OFFENSE
(L) Refusal to Accept Assigned
Housing
(M) Except as otherwise specified in
this section, proven attempts to
commit any of the above listed
offenses shall receive one-half
(1/2) of the term specified for
that offense.
(N) Any inmate who conspires to
commit any of the offenses
above shall receive the term
specified for that offense.

Low

Expected

High

(03

06

09)

(10) Factors in mitigation or aggravation of SHU term. The
SHU term shall be set at the expected range unless a classification
committee finds factors exist which warrant the imposition of a
lesser or greater period of confinement. The total period of
confinement assessed shall be no less than nor greater than the
lowest or highest months listed for the offense in the SHU Term
Assessment Chart. In setting the term, the committee shall determine the base offense. If the term being assessed includes multiple
offenses, the offense which provides for the longest period of
confinement shall be the base offense. Lesser offenses may be used
to increase the period beyond expected term. After determining the
base offense, the committee shall review the circumstances of the
disciplinary offense and the inmate’s institutional behavior history
using the factors below. The committee shall then determine that
either no unusual factors exist or find that specific aggravating or
mitigating factors do exist and specify a greater or lesser term. The
reasons for deviation from the expected term shall be documented
on a CDC 128-G, Classification Chrono, and SHU Term Assessment Worksheet, a copy of which shall be provided to the inmate.
(A) Factors in Mitigation.
1. The inmate has a minor or no prior disciplinary history.
2. The inmate has not been involved in prior acts of the same or
of a similar nature.
3. The misconduct was situational and spontaneous as opposed
to planned in nature.
4. The inmate was influenced by others to commit the offense.
5. The misconduct resulted, in part, from the inmate’s fear for
safety.
(B) Factors in Aggravation.
1. The inmate’s prior disciplinary record includes acts of
misconduct of the same or similar nature.
2. The misconduct was planned and executed as opposed to
situational or spontaneous.
3. The misconduct for which a SHU term is being assessed
resulted in a finding of guilty for more than one offense.
4. The inmate influenced others to commit serious disciplinary
infractions during the time of the offense.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 314, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515
U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146;
Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v.
Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al.,
(N.D. Cal., No. C94-2847).
HISTORY:
1. 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).

151

§ 3341.5

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

13. Certificate of Compliance as to 1-21-99 order transmitted to OAL
6-30-99 and filed 8-12-99 (Register 99, No. 33).
14. Amendment of subsections (c)(2)(A)1. and 2. and (c)(4), new
subsections (c)(5) and (c)(6), subsection renumbering, amendment
of newly designated subsection (c)(10) and amendment of Note
filed 8-30-99 as an emergency; operative 8-30-99 (Register 99,
No. 36). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the
following day.
15. Certificate of Compliance as to 8-30-99 order transmitted to OAL
2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
16. Change without regulatory effect amending subsection (c)(2)(B)1.
filed 10-16-2001 pursuant to section 100, title 1, California Code
of Regulations (Register 2001, No. 42).
17. Amendment of subsection (c)(6) and Note filed 5-25-2006;
operative 5-25-2006 pursuant to Government Code section
11343.4 (Register 2006, No. 21).
18. Change without regulatory effect amending subsection (b) filed
6-27-2006 pursuant to section 100, title 1, California Code of
Regulations (Register 2006, No. 26).
19. New subsections (c)(9)(K)–(c)(9)(K)2., subsection relettering and
amendment of Note filed 2-23-2007 as an emergency; operative
2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL
by 8-2-2007 or emergency language will be repealed by operation
of law on the following day.
20. Certificate of Compliance as to 2-23-2007 order, including
amendment of subsection (c)(9)(K)1.-2., transmitted to OAL
7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
21. New subsection (c)(9)(L) and subsection relettering filed 12-282007; operative 12-28-2007 pursuant to Government Code section
11343.4 (Register 2007, No. 52).
22. Amendment of subsection (b) filed 9-29-2009; operative 10-292009 (Register 2009, No. 40).

3. 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. 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.
6. Certificate of Compliance including amendment transmitted to
OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Editorial correction of printing errors in subsection (c)(2)(B)1 and
CDC Forms 629-B and 629-D (Register 92, No. 5).
8. New subsection (c)(6)(H), subsection relettering, and amendment
of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register
93, No. 31). A Certificate of Compliance must be transmitted to
OAL 11-26-93, or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-29-93 order transmitted to OAL
11-18-93 and filed 12-31-93 (Register 94, No. 1).
10. Amendment of subsection (c)(2)(B)1. and 4., new subsection
(c)(2)(B)5. and subsection renumbering, repealer of form CDC
629-A, and new form CDC 629-A filed 2-8-96 as an emergency
per Penal Code section 5058(e); operative 2-8-96 (Register 96,
No. 6). A Certificate of Compliance must be transmitted to OAL
by 7-18-96 or emergency language will be repealed by operation
of law on the following day.
11. Certificate of Compliance as to 2-8-96 order including amendment
of form CDC 629-A transmitted to OAL 6-17-96 and filed 7-30-96
(Register 96, No. 31).
12. New subsection (c)(2)(A)1. designator, new subsections
(c)(2)(A)2. and (c)(4) and subsection relettering filed 1-21-99 as
an emergency; operative 1-21-99 (Register 99, No. 4). Pursuant to
Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 6-30-99 or emergency language will be
repealed by operation of law on the following day.

152

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

153

§ 3341.5

§ 3341.5

DEPARTMENT OF CORRECTIONS AND REHABILITATION

154

TITLE 15

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

155

§ 3341.5

§ 3342

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

special purpose segregated housing units are equipped with their
own recreation yard, the yard periods may substitute for other out
of cell exercise periods, providing the opportunity for use of the
yard is available at least three days per week for a total of not less
than 10 hours a week.
(i) Reading Material. Inmates assigned to administrative segregation, including special purpose segregated housing, will be
permitted to obtain and possess the same publications, books,
magazines and newspapers as are inmates of the general population, except that the quantity may be limited for safety and security
reasons. Library services will be provided and will represent a
cross-section of material available to the general population.
(j) Telephones. Institutions will establish procedures for the
making of outside telephone calls by inmates in administrative
segregation. Such procedures will approximate those for the
work/training incentive group to which the inmate is assigned,
except that individual calls must be specifically approved by the
supervisor in charge or the administrator of the unit before a call
is made.
(k) Institution Programs and Services. Inmates assigned to
segregated housing units will be permitted to participate and have
access to such programs and services as can be reasonably
provided within the unit without endangering security or the safety
of persons. Such programs and services will include, but are not
limited to: education, commissary, library services, social services,
counseling, religious guidance and recreation.
(l) Visitation and Inspection. Inmates assigned to administrative
segregation, including special purpose segregated units, will be
seen daily by the custodial supervisor in charge of the unit and by
a physician, registered nurse or medical technical assistant, and, by
request, members of the program staff. A timely response should
be given to such requests wherever reasonably possible.
(m) Management Disruptive Cases. Inmates assigned to segregated housing who persist in disruptive, destructive and dangerous
behavior and who will not heed or respond to orders and warnings
to desist, are subject to placement in a management cell, as
provided in Section 3332(f).

3342. Case Review.
(a) The case of every inmate assigned to a segregated housing
unit will be continuously reviewed and evaluated by custodial and
casework staff assigned to the unit. Staff will confer on each case
no less frequently than once a week during the first two months of
the inmate’s segregated status. Such case reviews will not be
necessary during any week in which the inmate’s case is reviewed
by a regular or special classification committee or by staff who are
authorized to take classification actions. Any significant observations, determinations or recommendations, will be documented on
the inmate’s Detention/Segregation Record, CDC Form 114-A.
(b) Psychological Assessment. A psychological assessment of
the inmate’s mental health will be included in the case review and
classification committee review of inmates assigned to segregated
housing units. When any indication of psychiatric or psychological
problems exists, the case will be referred to the institution’s
psychiatrist or psychologist for further evaluation and recommended classification committee actions, if any.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.

3343. Conditions of Segregated Housing.
(a) Living Conditions. In keeping with the special purpose of a
segregated housing unit, and with the degree of security, control
and supervision required to serve that purpose, the physical
facilities of special purpose segregated housing will approximate
those of the general population.
(b) Restrictions. Whenever an inmate in administrative segregation is deprived of any usually authorized item or activity and
the action and reason for that action is not otherwise documented
and available for review by administrative and other concerned
staff, a report of the action will be made and forwarded to the unit
administrator as soon as possible.
(c) Clothing. No inmate in administrative segregation will be
required to wear clothing that significantly differs from that worn
by other inmates in the unit, except that temporary adjustments
may be made in an inmate’s clothing as is necessary for security
reasons or to protect the inmate from self-inflicted harm. No
inmate will be clothed in any manner intended to degrade the
inmate.
(d) Meals. Inmates assigned to administrative segregation including special purpose segregated housing, will be fed the same
meal and ration as is provided for inmates of the general
population, except that a sandwich meal may be served for lunch.
Deprivation of food will not be used as punishment.
(e) Mail. Inmates assigned to administrative segregation, including special purpose segregated housing, will not be restricted
in their sending and receiving of personal mail, except that
incoming packages may be limited in number, and in content to
that property permitted in the segregated unit to which an inmate
is assigned.
(f) Visits. Inmates assigned to segregated housing, except for
inmates assigned to security housing units in accordance with
Section 3341.5, shall be permitted to visit under the same
conditions as are permitted inmates of the general population.
Inmates assigned to security housing units shall be prohibited from
physical contact with visitors.
(g) Personal Cleanliness. Inmates assigned to administrative
segregation, including special purpose segregated housing, will be
provided the means to keep themselves clean and well-groomed.
Haircuts will be provided as needed. Showering and shaving will
be permitted at least three times a week. Clothing, bedding, linen
and other laundry items will be issued and exchanged no less often
than is provided for general population inmates.
(h) Exercise. Inmates assigned to special purpose segregation
housing will be permitted a minimum of one hour per day, five
days a week, of exercise outside their rooms or cells unless
security and safety considerations preclude such activity. When

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(d) and 5054, Penal Code.
HISTORY:
1. Amendment of subsections (e), (f) and (j) filed 2-16-83; effective
thirtieth day thereafter (Register 83, No. 8).
2. Amendment of subsection (f) filed 8-15-89; operative 9-14-89
(Register 89, No. 33).

3344. Administrative Segregation Records.
(a) An Administrative Segregation Log, CDC Form 114, will be
maintained in each administrative segregation unit, including
special purpose segregated units. One Disciplinary Detention/
Segregation Log may serve two or more special purpose units
which are administered and supervised by the same staff members.
(b) A separate record will be maintained for each inmate
assigned to administrative segregation, including special purpose
segregated units. This record will be compiled on CDC Form
114-A, Detention/Segregation Record. In addition to the identifying information required on the form, all significant information
relating to the inmate during the course of segregation, from
reception to release, will be entered on the form in chronological
order.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.

3345. Officer in Charge.
The custodial officer in charge of a disciplinary detention,
segregation or security housing unit where inmates are segregated
for disciplinary or administrative purposes, will insure that nothing
is passed in or out of such units unless it has been thoroughly
inspected; that no unauthorized visitors are permitted in such units;

156

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

shall be made in writing and witnesses utilizing the CDC Form
1801 (Rev. 4/98), Notification of Execution Date and Choice of
Execution Method. The completed CDC Form 1801 shall be
transmitted to the warden.
(c) The inmate’s selection shall be made in writing and witnessed utilizing the CDC Form 1801-A (Rev. 4/98), Choice of
Execution Method. The completed CDC Form 1801-A shall be
transmitted to the warden.
(d) The inmate’s selection shall be irrevocable, with the exception that, if the inmate sentenced to death is not executed on the
date set for execution and a new execution date is subsequently set,
the person again shall have the opportunity to elect to have the
punishment imposed by lethal gas or lethal injection, according to
the procedures set forth in Sections (a), (b), and (c).

that all laundry, shoes, clothing, or other materials and supplies
going to or from the units are carefully inspected; that inmates
needing medical attention receive it promptly; that all locks and
bars are inspected and maintained in secure and proper working
order; that proper precautions are taken in removing inmates from
their cells and in passing them from place to place. The general
welfare of inmates in segregated housing units and in all facilities
therein will be properly maintained and regularly inspected to
insure human decency and sanitation.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
5054, Penal Code.

Article 7.5.

§ 3349

Execution of Death Penalty

3349. Method of Execution.
(a) Inmates sentenced to death shall have the opportunity to
elect to have the punishment imposed by lethal gas or lethal
injection. Upon being served with the warrant of execution, the
inmate shall be served with CDC Form 1801-B (4/98), Service of
Execution Warrant, Warden’s Initial Interview. The completed
CDC Form 1801-B shall be transmitted to the warden.
(b) The inmate shall be notified of the opportunity for such
selection and that, if the inmate does not choose either lethal gas
or lethal injection within ten days after being served with the
execution warrant, the penalty of death shall be imposed by lethal
injection. The inmate’s attestation to this service and notification

NOTE: Authority cited: Section 5058, Penal Code. Reference: Section
3604, Penal Code.
HISTORY:
1. New article 7.5 and section filed 12-22-92 as an emergency;
operative 1-1-93 (Register 93, No. 1). A Certificate of Compliance
must be transmitted to OAL 4-22-92 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-22-92 order transmitted to OAL
4-9