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CDCR - Division 3 Rules and Regulations, 2008

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California Code of Regutations
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Division 3

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Rules and Regulations of

Adult Institutions, Programs and Parole

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Department of Corrections and Rehabilitation

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Updated through September 30, 2008
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§ 3084.1

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

4. Change without regulatory effect amending subsection (a) filed
12-2-2003 pursuant to section 100, title 1, California Code of

NOTE: Authority cited:section 5058,Penal Code. Reference: Sections
1170(d), 3043 through 3043.3 and 5054, Penal Code.

Regulations (Register 2003, No. 49).

HISTORY:

3083. Court Hearing on Inmate's Children.

1. New section filed 5-20-92 as an emergency; operative 5-20-92

(Register 92, No. 21). A Certificate of Compliance must be

Upon a court order, inmates will be released to thecustody of the
sherifT forappearance incourt inactions concerning termination of
parental rights of an inmate or other parental or marital rights.

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repealed by operation of law on the following day.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 toYJAL
9-9-92; disapproved by OALand orderof repeal of 5-20-92 order

HISTORY:

1. Editorial correction of printing error (Register 92, No. 5).

filed on 10-22-92 (Register 92, No. 43).

3. New sec|jion refilled 10-23-92 as an emergency; operative 10-22-92

Article 8.

pursuant toGovernment Code section 11346.1(h) (Register 92, No.

Appeals

43). A Certificate of Compliance must be transmitted to OAL
2-23-93 or emergency language will be repealed by operation of

3084.

law on the following day.

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

4. Certificate of Compliance as to 10-23-92 ordertransmitted to OAL

.5054, Penal Code.

12-18-92 and filed 2-3-93 (Register 93, No. 6).

Article 7.

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
transmittedto OAL within 120days or emergency languagewill be
repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL

Furloughs and Temporary Leave

3080.' Administration.

Institution and paroledivision staff willadminister inmate work
and educational furloughs and temporary community release

9-7-89 and filed 10-10-89 (Register 89, No. 41).

programs in a prudent manner, and in keeping with the basic need

3. Change without regulatory effect repealing section filed 10-29-90
pursuant to section 1(K), title 1, California Code of Regulations

for public protection.
Comment: Fbrmer DP-1701, policy, general.
3081.

(Register 91, No. 6).

Compliance.

3084.1.

• Inmates who are granted a furlough or temporary leave must

Right to Appeal.

(a) Any inmate or parolee under the department's jurisdiction

comply with alldepartmental rules andregulations governing such
programs; with any conditions for approval; and, with all appli

may appeal any departinental decision, action, condition, or policy
which they can demonstrate as having ah adverse effect upon their

cable laws; and mu^t meet eligibility requirements in accordaiice

welfare. The decisions ofthe Departmental Review. Boa^ which

with departirientar procedures and Sections 2690, 2691, 6250 et
seq.,6263 of the Penal Codeand Section 3306 of the Welfare and

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.

Institutions Code.

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

(b) Institution staff shall provide the aissistance necessary to
ensure that inmates who have difficulty communicating in written
English have access to the appeal process.
,
(c) The departhient shall ensure departmental appeal forms and

6250-6253 and 6260, Penal Code; and Section 3306, Welfare and
Institutions Code.
HISTORY:

1. Amendment filed3-2-83;effectivethirtieth day thereafter(Register

forms prescribed by the Board of Parole Hearings, the Narcotic

83. No. 12).

3082.

Definitions.

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

Temporary Leaves.

Temporary leaves willbe granted onlyforinmates who meet the
criteria for such leaves, as prescribedin guidelines established.by

parolees.

(d) No reprisal shall be taken against an inmate or parolee for
filing an appeal. This shall'notprohibit appeal restrictions against
an inmate or parolee abusing the appeal process as defined in

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

section 3084.4.

(e) An appeal alleging misconduct by a departmental peace
officer as defined in section 3291(b) shall be accompanied-by a

members are defined in section 3000.

Rights and Responsibility Statement as shown in section 3391(d).

(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 leavewill 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 accom

Failure to submit this form will be cause for rejecting the appeal,
in accordance with section 3084.3(c)(5).

NOTE: Authoritycited: section5058, Penal Code. Reference: Sections
148.6, 832.5 and 5054, Penal Code, Choker v. Crogan (9th Cir 2005)
428 F. 3d 1215.

plish the purpose of a prerelease leave.

HISTORY:

NOTE: Authority cited:section 5058,Penal Code. Reference; Sections

1. New section filed 5-18-89 as an emergency; operative 5-18-89
(Register 89, No. 21). A Certificate of Compliance must be
transmittedto OAL within 120days or emergency language will be
repealed on 9-15-89. For prior history, see sectioii 3003.

2690 and 5054, Penal Code.
HISTORY:

1. Amendment filed 3-22-78; effective thirtieth day thereafter (Reg

2. Certificate ofCompliance asto5-18-8^ order including a clarifying

ister 78, No. 12).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Reg
ister 79, No. 34).

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 I-16-92; operative 2-17-92
(Register 92, No. 13).

3. Amendmentof subsection (b) filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
53

§ 3084.2

DEPARTMENT OF CORRECTIONS AND REHABILITATION

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 GAL
by 6-2-97, or emergency language will be repealed by operation of
law on the following day.

(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

5. Amendment of subsections (a) and (d), new subsection (e), and

appellants.
NOTE: Authority cited: section 5058, Penal Code. Reference: Sections

amendment of NOTE: refiled 5-29-97 as an emergency; operative
6-2-97 (Register97. No. 22). A Certificate of Compliance must be
transmitted to OAL by 9-30-97 or emergency language will be

Law 101-336, July 26, 1990, 104 Stat. 328; and section 35.107, Title
28, Code of Federal Regulations.

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 amend
ment 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; operative9-13-2005
pursuant to Government Code section 11343.4 (Register 2005, No.
37).

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 emer
gency 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 appellantshall use a CDC Form 602
(rev. 12-87), Inmate/Parolee AppealForm, to describe the problem
and action requested. Initial requests or grievances based on a
disability as defined in Tttle 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 theproblem 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.

832.5 and 5054, Penal Code; Americans With Disabilities Act, Public

HISTORY:

1. New section filed 5-18-89 as an emergency; operat|ve 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 (Regi.sier 89, No. 41).

3. Newsubsection (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 emer

gency 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)(l), (a)(2), (c) and (0(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 Compli
ancemustbe' transmitted to OALby6-2-97, oremergency language
will be repealed by operation of law on the following day.
8. Amendment of subsections (a)(1), (a)(2), (c) and (0(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 amend
ment of subsection (c), transmitted to OAL 9-25-97 and filed
11-7-97 (Register 97, No. 45).

(d) Appellant submittal. An inmate or parolee shall not submit
an appeal on behalf of another inmate or parolee, except as
provided in subsection (0- An inmate, parolee or otherperson may
assist another inmate or parolee with preparation of an appeal

3084.3, Screening Appeals.

Unless the act of providing such assistance would create an unsafe

11. who shajl 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.

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 housingshall 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 theappeal
list attachment, who shall be responsible for sharing the response
with the other inmates identified on the attachment.

(g) Multiple appealsof the same issue. If more than one appeal
regarding the same issue is received.

(a) Appeals coordinator. Each institution head and parole rpgion
administrator shall designate an appeals coordinator, at a staff
position level no less thancorrectional counselor II or parole agent

(b) Unclear appeal issue.
(1) When a group appeal is received, one or more of the
participating inmates shall be interviewed to clarifythe issue uiider
•appeal.

(2) When multiple appeals of the same issue arc 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 toprovide assistance in clarifying orcompleting
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) TTie appeal duplicates the appellant's previous appeal upon
which a decision has been rendered or is pending.

TITLE 15

DEPARTMENT OF CORRECTIONS AND REHABILITATION

(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 docu
ments 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(0-

(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.
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.
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 120days 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)(I)-(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. Arhendment 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 languagewill be repealed by operationof 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 Certificateof Compliance
[
mustbe transmitted to OALby 9-30-97 or emergencylanguage will
be repealed by operation of law on (he following day.

r 7. Editorial correction of History 6 (Register 97, No. 24),
f' 8. Certificate of Compliance as to 5-29-97 order transmitted to OAL
t
9-25-97 and filed 11-7-97 (Register 97, No. 45).
f

f 3084.4.

Appeal System Abuse.

1 (a) Excessive filings. One appellant's submission of more than
I one non-emergency appeal within a seven-calendar-day period
i shall be considered excessive.
I
(I) When an appellant submits excessive appeals, the first

|. appeal received shall be processed normally and all subsequent
g non-emergency appeals filed within the seven-calendar-day period

I' 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
I

|: suspended appeals.

(3) Upon determination of abuse, the chief, inmate appeals,

i: shall authorize the appeals coordinator to prepare a notice restrictK ingthe inmateto one appealper month for six consecutivemonths,

p

(4) Any subsequent violations of the appeal restriction shall

r: result in an extension of the restriction for an additional six-month

p period.

p

(b) Inappropriate statements. An appeal containing false infor-

p.mation, or profanity or obscene language shall be rejected.

(c) Excessive verbiage. Appeals in which the grievance or

^ problem cannot be underetood or is obscured by pointless verbiage

or voluminous unrelated documentation shall berejected, exceptas
provided in sections 3084.1(b) and 3084.3(b).
(d) Lack of cooperation. An appellant's refusal to be inter
viewed or cooperate with the reviewer shall result in cahcellation
of the .appeal.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Seclions 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 OALwithin 120days or emergency language will be
repealed on 9-15-89.

2. Certificate ofCompliance 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).

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 willbe repealed by operationof lawon the following day.
4. Amendment of subsections (a), (a)(1) and (a)(3), repealerand new
subsection (a)(4), and amendment of subsections (b) and (d) refiled

'5-29-97 as an emergency, operative6-2-97 (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 conrection of History 4 (Register 97, No. 24).

6. Certificate of Compliance as to 5-29-97 order, including amend
ment of subsection (d), 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) eviderice 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'proce
dures.

(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 -Re
quest, 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:
(I) A policy or procedure implemented by the institution head.
(2) A policy, procedure or regulation implemeiued 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

deniedat first level or for which first level is otherwise waived by

DEPARTMENT OF CORRECTIONS AND REHABILITATION

TITLE 15

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

(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 documen

3084.7(d)(4)(B).

(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

(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 refilled 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
shall respond to appeals filed against them personally for allega
tions 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.
(0 Interview requirements. A personal interview shall be con
ducted 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 ca.se, 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 providea 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 infor
mation.

(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.

tation in their own defense.

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

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.
NOTE: Authority cited:"section 5058,Penal Code. Reference: Section?
832.5 and 5054, Penal Code; Americans With Disabilities Act, Public

Uw 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. Certificateof 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 releitering 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 languageVill 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) refilled 5-29797 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).

TITLE IS

DEPARTMENT OF CORRECTIONS AND REHABILITATION

§ 3084.7

3084.6. Appeal Time Limits.
(a) Commencement. Time limits for submitting or reviewing

(C) The appellant was scheduled for parole within 15 calendar
days and is appealing a serious disciplinary action resulting in

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

credit loss extending the release date.

days.

(3) Second level responsesshall be completed within 20 work
ing days, or 30 working days if first level is waived pursuant to
section 3084.5(a)(3).

(4) Third level responses shall be completed within 60 working
days.

(5)
(A)
(B)
(C)

Exception is authorized in the event of:
Unavailability of the appellant, or staff or inmate witnesses.
Complexity of the decision, action, or policy.
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. Slaie 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 Complianceas 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)(I)-(5), repealerand 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)(I)-(5), repealer and new subsection
(b)(6)(D), amendment of subsections(b)(7) and (c), and repealer of •
subsection (c)(1) and (c)(2) rcfiled 5-29-97 as an emergency;
operative 6-2-97 (Register97, 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 amend
ment, 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

(2) The appeal shall be submitted directly to the appeals
coordinator and include substantiation of circumstances warrant

ing emergency processing of the appeal.
(A) If the appeals coordinator determines emergency process
ing is unwarranted, the inmate shallbe notified and the appealshall
be processed as a regular appeal.
(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) Asecond level 'review shall constitute the department's final
action on appeals of disciplinary actions classified as "adminis

trative" 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 workingdays 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 Ap
peals.

(1) When the outcome of a pending disciplinary hearing may
impact a Board of Prison Terms' parole rescission hearing oh 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 institu
tion may be appealed by theaffected inmate after endorsement by
the classification staff representative.
• (I) Filingof an appeal of a transferdecision 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 classificationstaff 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

to:

center's correctional administrator.

(A) Need for protective custody.
(B) Decision was made to transfer the appellant to an institution
housing an enemy.

(C) If the appeal is granted, the appellant may be retained at the
reception center until the case is presented to a second classifica
tion staff representative for reconsideration.

 

 

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