Restricted Housing
Restricted housing refers to various forms of confinement for individuals in CDCR custody. CDCR offers a behavior-based housing model that focuses on providing the most programming opportunities for incarcerated people in the least restrictive setting, while still maintaining safety and security of institutions.
In response to the directive from Governor Newsom, CDCR is reforming its use of restricted housing. These reforms will take significant steps to limit the use of restricted housing to only those situations where an individual has engaged in violence, which present a direct threat to safety and security of staff and population at CDCR’s institutions. Additionally, these reforms will increase access to rehabilitative programming opportunities within these settings.
Restricted housing is used to manage the behavior of individuals who may pose a risk to others or to themselves, or whose behavior disrupts the safe and orderly functioning of the facility. The criteria for housing someone in restricted housing is based on that person’s behavior, and the conditions of restricted housing are established in regulation (California Code of Regulations, Title 15, Section 3343).
The conditions of restricted housing are required to approximate those in general population units, with the same clothing, meals, and access to publications and books.
People in restricted housing are allowed to send and receive personal mail, have non-contact visits, and make outgoing telephone calls. Additionally, they receive regular mental health care, with daily rounds by licensed psychiatric technicians and weekly clinical contacts with primary mental health clinicians if in the MHSDS.
Effective November 1, 2023, there will be three types of restricted housing in California state prisons:
- General Population Restricted Housing Unit (GP RHU): provides secure housing and care for people not included in the MHSDS who require placement in restricted housing
- Correctional Clinical Case Management System (CCCMS RHU): provides secure housing and enhanced care for people with diagnosed psychiatric disorders who do not require enhanced outpatient program, crisis or inpatient levels of care who require placement in restricted housing.
- Enhanced Outpatient Program (EOP RHU): provides secure restricted housing and care for those with diagnosed psychiatric disorders who are not able to function in the General Population and not requiring inpatient hospital care, but who require placement in restricted housing.
RHU Offenses
Offenses resulting in an RHU term involve violence or threats of violence, including possession of weapons.
Two offenses that were not included in the RHU Matrix (Indecent Exposure with or without prior convictions for either California Penal Code 314 or 288; Sexual Disorderly Conduct (2 within a 12-month period)) may be placed in Privilege Group C up to 90 days for each offense. People in Privilege Group C lose access to visiting. Canteen items and telephone time are limited. More information can be found here: https://www.cdcr.ca.gov/ombuds/ombuds/entering-a-prison-faqs/
Programming
People in restricted housing continue to have access to rehabilitative and educational services. In addition, some programs allow people on restricted housing status to complete rehabilitative modules, such as criminal thinking and anger management, to address criminogenic triggers.
For every 20 hours of completed course work, an individual can earn a five-day reduction in their RHU term, not to exceed 25 percent of the set term. This allows the person to engage in positive programming and gain insight into their behavior while reducing their RHU term.
Frequently Asked Questions
No.
CDCR has implemented numerous reforms in its use of restricted housing since 2015, including substantial changes to the management and housing of the Security Threat Group (STG) population. One significant change involved ending the housing of validated STG-I incarcerated persons in SHU based solely on their STG validation status.
Proposed emergency regulations further limit the use of restricted housing except in situations where individuals have engaged in violence in prison (murder, attempted murder, riot, assault, etc.) or have serious safety and security concerns. Additionally, these regulations implement a new positive behavioral model to include a new Restricted Housing Unit Programming Credit (RHUPC). RHUPC expands rehabilitative programming for all people in restricted housing. The RHUPC will allow individuals with an imposed, projected, or re-imposed RHU term to earn programming credits to reduce the length off their RHU term. Additionally, individuals in RHU for non-disciplinary reasons may also participate in approved rehabilitative programs for self-improvement, resulting in easier transition to less restrictive housing or society.
CDCR has filed emergency regulations with the Office of Administrative Law that address the Governor’s veto message to Assembly Bill 2632. The emergency regulations will have a period of 10 calendar days for public comment (through October 14) and are expected to become effective on November 1, 2023. Pursuant to the Administrative Procedure Act process, CDCR will submit permanent regulations for review, to include a public hearing and opportunity for public comment.
The proposed regulations will reduce the number of restricted housing units from six to three by combining the Administrative Segregation Unit (ASU) and Security Housing Unit (SHU). These units were renamed and consolidated into the following three units:
- General Population Restricted Housing Unit (GP RHU): provides secure housing and care for people not included in the MHSDS who require placement in restricted housing
- Correctional Clinical Case Management System (CCCMS RHU): provides secure housing and enhanced care for people with diagnosed psychiatric disorders who do not require enhanced outpatient program, crisis or inpatient levels of care who require placement in restricted housing.
- Enhanced Outpatient Program (EOP RHU): provides secure restricted housing and care for those with diagnosed psychiatric disorders who are not able to function in the General Population and not requiring inpatient hospital care, but who require placement in restricted housing.
The length of time depends on the person’s behavior and participation in rehabilitative programs. Although there are set terms for offenses that require assessment of an RHU term, incarcerated people are continually evaluated for release from RHU. The proposed RHU term lengths reflect a 50 percent reduction of time from the expected terms in the prior regulations. Additionally, for those on an imposed or projected RHU term, the regulations introduce the Restricted Housing Unit Programming Credit (RHUPC), which can reduce the length of time a person spends in RHU.
Yes, rehabilitative and educational services will continue in restricted housing. In addition, new rehabilitative programs will be offered to expand programming in RHU. These programs will allow people in RHU to participate and complete rehabilitative modules, such as criminal thinking and anger management, to address criminogenic triggers.
Many people in restricted housing have cellmates once it is determined they can be safely housed together. This is done by evaluating the person’s central file, the reason for their placement into restricted housing, and an interview with the affected incarcerated persons.
Criteria considered when deciding on restricted housing placement and if a person should be single-celled or housed with a cellmate are included in the CDCR Department Operations Manual Section 54046.5.1 Initial Screening – Administrative Segregation Unit/Security Housing Unit and CCR 3269, Inmate housing assignments.
A breakdown of the types and quantities of property a person may have in any housing designation, including restricted housing units, is available on the Inmate Property Matrices here: Appendices – Regulations and Policy (ca.gov)
An incarcerated person may appeal their restricted housing placement via the grievance process.
The goal of the Department is to release people from restricted housing at the earliest opportunity while maintaining the safety and security of the institution, staff, and others. There are mandatory time frames wherein a case shall be reviewed for release; however, every incarcerated person assigned to RHU is continuously reviewed and evaluated for release. A psychological mental health assessment is included, and a classification committee reviews those assigned to restricted housing. When any indication of mental health concerns exists, the case is referred to the institution’s psychiatrist or psychologist for further evaluation and recommended classification committee actions, if any.
Incarcerated people in restricted housing are allowed non-contact and video visits. In some circumstances, and on a case-by-case basis, the Warden may allow contact visits for incarcerated persons in restricted housing for non-disciplinary reasons. They are not allowed overnight visits.