Chapter 1 – General Administration

The Regulation and Policy Management Branch (RPMBRegulation and Policy Management Branch) provides guidance and support to Department staff in order to achieve the Department’s regulation and policy goals and comply with statutory requirements.

RPMBRegulation and Policy Management Branch does as follows:

• On behalf of the Secretary, facilitates and manages the revision, publication, distribution, and archiving of the regulations in California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Division 3, Chapter 1 (Title 15) and the statewide operational policies in the Department Operations Manual (DOMDepartment Operations Manual). Partners with Department programs that have the responsibility for and the subject matter expertise pertaining to the content of proposed regulations and policies, providing advice and assistance to ensure that regulations are adopted in accordance with the Administrative Procedure Act (APAAdministrative Procedure Act) (Government Code [GCGovernment Code] Section 11340, et seq.), which contains requirements and timeframes for the public adoption of regulations, and that policies have the legal authority to be administratively enforceable.

• Ensures that proposed regulations and policies do not conflict with existing laws and are vetted by Department stakeholders that are impacted by the changes proposed.

• Acts as custodian of the Restricted Department Operations Manual (R-DOMDepartment Operations Manual), which consists of DOMDepartment Operations Manual sections within the 55000 sequence and contains the Department’s most sensitive tactical and law enforcement policies. All revisions to these policies are managed through the Statewide R-DOMDepartment Operations Manual coordinators.

• Works with programs to develop Instructional Memorandums (IMs) and Informational Bulletins.

• Works with the Office of Administrative Law (OALOffice of Administrative Law) to file rulemaking packages, issues public notices regarding regulation changes that are published in the California Regulatory Notice Register, and manages the public phase of the Department’s rulemaking actions.

• Manages the development and revision of Department forms to ensure compliance with GCGovernment Code Section 14772 and Department regulations and policies. Maintains the California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) Forms Portal, acts as the forms liaison with other State agencies, and coordinates the printing of Department forms.

• Maintains a Department rulemaking library that includes topical, historical, and background files for past regulation and policy revisions, forms revisions, petitions for determination of underground regulations, and Informational Bulletins.

• Maintains Department webpages that include links to pending regulations and recently adopted regulations and policies.

The Health Care Regulations and Policy Section (RPSRelease Program Study) of California Correctional Health Care Services (CCHCS) provides guidance and support to Department staff in order to achieve the Department’s regulation and policy goals as they pertain to health care. RPSRelease Program Study manages the amendment and adoption of the regulations in CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 2 as well as the statewide operational policies pertaining to health care in the Health Care Department Operations Manual. RPSRelease Program Study also manages the development and revision of Department forms pertaining to health care.

All documents submitted to RPMBRegulation and Policy Management Branch must be accessible in compliance with the Americans with Disabilities Act. Additionally, RPMBRegulation and Policy Management Branch does not accept documents where edits have been made using the “Track Changes” feature in Microsoft Word, or scanned documents.

This article describes RPMBRegulation and Policy Management Branch’s responsibilities, project processes, and statutory obligations, and provides a systematic approach for collaborative partnerships with Department staff for the purposes of project development, review, approval, and dissemination.

RPMBRegulation and Policy Management Branch is responsible for preparing the Annual Rulemaking Calendar, which covers all regulatory actions that may be filed in the upcoming calendar year regarding adult institutions, programs, parole, and health care, in accordance with the requirements of GCGovernment Code Section 11017.6. RPMBRegulation and Policy Management Branch ensures the timely submission of the Annual Rulemaking Calendar to OALOffice of Administrative Law.

Penal Code (PCPenal Code) Section 5058 authorizes the Secretary to prescribe and amend regulations for the administration of State prisons and parole.

OALOffice of Administrative Law is the control agency responsible for reviewing Department regulations to ensure compliance with the rulemaking requirements of the APAAdministrative Procedure Act. Once regulations are adopted through OALOffice of Administrative Law, they have the force of law.

RPMBRegulation and Policy Management Branch is the point of contact within the Department for advice and assistance regarding the adoption, amendment, or repeal of regulations in the Title 15.

Upon the receipt and acceptance of a regulation project, the assigned RPMBRegulation and Policy Management Branch Project Manager provides technical assistance to program staff throughout the rulemaking process.

PCPenal Code Section 2080 states, “A copy of the rules and regulations prescribing the duties and obligations of prisoners shall be furnished to each prisoner in a state prison or other facility under the jurisdiction of the Department of Corrections.”

CCRCalifornia Code of Regulations Section 3002(a) states, “Within 14 days of reception by the Department of Corrections and Rehabilitation 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 Secretary of Corrections and Rehabilitation and copies of all rule changes that have occurred since the last complete reprinting and reissue of the rules and regulations.”

To meet the requirements of PCPenal Code Section 2802 and CCRCalifornia Code of Regulations Section 3002(a), RPMBRegulation and Policy Management Branch organizes and oversees the annual publication and distribution of printed copies of the Title 15 to institutions, facilities, and offices, with the distribution being based on the estimated needs for a one-year period.

RPMBRegulation and Policy Management Branch posts the electronic version of the Title 15 on the Department’s websites, where it is available to the public and to Department staff.

CCRCalifornia Code of Regulations Section 3002(a)(1) states, “Spanish language copies of the rules and regulations of the Secretary 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.”

To meet the requirements of CCRCalifornia Code of Regulations Section 3002(a)(1), RPMBRegulation and Policy Management Branch annually distributes 50 printed copies of the Spanish translation of the Title 15 to each institution and facility.

A Rules Coordinator is a staff person at an institution, facility or office who is responsible for the ordering, receipt, storage, and distribution of printed copies of the Title 15.

GCGovernment Code Section 11342.600 defines a “regulation” as “every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.”

GCGovernment Code Section 11340.5(a) states, “No state agency shall issue, utilize, enforce, or attempt to enforce any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, which is a regulation as defined in Section 11342.600, unless the guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule has been adopted as a regulation and filed with the Secretary of State…”

A rule, order, or standard of general application of the Department that meets the definition of a regulation and is being enforced by the Department without having been adopted into the CCRCalifornia Code of Regulations is commonly called an “underground regulation” and may be determined to be invalid by a court.

In 1991, the Fifth District Court of Appeals ruled that the DOMDepartment Operations Manual was largely comprised of underground regulations. The Court ordered the Department to cease enforcing those DOMDepartment Operations Manual provisions that were regulatory and to adopt them properly as regulations pursuant to the APAAdministrative Procedure Act.

RPMBRegulation and Policy Management Branch was tasked with reviewing the entire DOMDepartment Operations Manual for regulatory impact, and as a result, most of the sections therein had to either be rewritten to make them non-regulatory or be properly adopted through the APAAdministrative Procedure Act process into the Title 15.

Implicit in the Court’s ruling was that the Department must adhere to the APAAdministrative Procedure Act when issuing any new or modified directives that are regulatory in nature before those directives are in operational effect.

The regulatory tests were established by the Office of Legal Affairs (OLAOffice of Legal Affairs) as a result of the court ruling noted in Section 12010.4.3 above.

A rule, order, or standard of general application of the Department is considered a regulation if it meets one or more of the following tests:

• Implements, interprets, or makes specific the provisions of statutes, case laws, or the regulations of other agencies.

• Is a mandate that applies equally to all staff, volunteers, inmates, parolees, or members of the public in similar situations, e.g., classification rules, visiting rules, and conditions of parole.

• Imposes a standard of required behavior with stated or implied consequences for noncompliance, e.g., inmate discipline and staff conduct.

• Imposes requirements which must be met in order for staff, volunteers, inmates, parolees, or members of the public to qualify for any general entitlement or privilege available to them, e.g., family (overnight) visiting and canteen privileges.

• Imposes criteria which govern staff decisions that affect an inmate’s conditions or length of confinement or a parolee’s terms or conditions of parole, e.g., security housing and credit earning and forfeiture.

• Requires fair and timely staff response (due process), e.g., classification committees and review of inmate appeals.

• Establishes entitlements (rights), e.g., inmates’ access to the courts and to religious programs.

There are two types of petitions in the Administrative Procedure Act:

• Petition for Rulemaking GCGovernment Code Sections 11340.6 and 11340.7 permit a member of the public to submit a petition directly to the Department requesting the adoption, amendment, or repeal of regulations. The Department must formally respond to the petitioner within 30 days and the Department’s response is published in the California Regulatory Notice Register.

• Petition Alleging an Underground Regulation GCGovernment Code Section 11340.5(b) permits a member of the public to submit a petition to OALOffice of Administrative Law alleging that a Department policy is an underground regulation and must be promulgated in accordance with the APAAdministrative Procedure Act. OALOffice of Administrative Law conducts a review and makes a determination in accordance with CCRCalifornia Code of Regulations, Title 1, Division 1, Chapter 2, Section 270.

Regulation revisions are the responsibility of the Director, Assistant Secretary, Deputy Director, or other executive whose functional area administers the specific regulation. 

Pursuant to Penal Code (PCPenal Code) section 5058.3, department may implement emergency regulations when the operational necessity is certified by the department’s rulemaking authority. While the emergency regulations are in effect, the department is required to complete the rulemaking process, including the public comment period. 

• The purpose of emergency regulations is to implement regulations prior to the commencement of the public comment period. Emergency regulations are effective for 160 days, which permits the department to complete the rulemaking process, including the public comment period and hearing process. 

• An emergency rulemaking project should only be requested when current circumstances justify its use. 

The Regulation Development Guide provides detailed instructions regarding the development and submittal of regulation projects to RPMBRegulation and Policy Management Branch. 

Emergency rulemaking projects require approval at the Secretary or Undersecretary level before RPMBRegulation and Policy Management Branch will process the project. RPMBRegulation and Policy Management Branch’s initial review timeframe of an emergency rulemaking project package is 30-45 calendar days, depending on the scope of work, in order to ensure all Administrative Procedure Act (APAAdministrative Procedure Act) requirements are met. 

In addition to the documents listed in the Regulation Development Guide, the following information and documents shall be submitted to RPMBRegulation and Policy Management Branch when requesting assistance with emergency rulemaking projects. For templates and samples of the required documents, visit RPMBRegulation and Policy Management Branch’s Program Resources web page. 

• Written approval from the Secretary or Undersecretary authorizing the emergency request. 

• Certificate of Operational Necessity. 

• STDStandard Form (DGS). Form 399, Economic and Fiscal Impact Statement. 

• A list of stakeholders that shall review the proposed regulations—an exemption from this requirement shall only be authorized by the appropriate Undersecretary. 

• Finding of Emergency if the Initial Statement of Reasons has not been completed. 

• Items incorporated by reference, such as forms, schedules, indexes, or matrices shall be submitted with the emergency regulation package—if a new or revised CDCRCalifornia Department of Corrections and Rehabilitation form is incorporated, RPMBRegulation and Policy Management Branch shall review and approve such forms prior to project submission. 

• Regulation text in underline (for new text) and strikethrough (for deleted text) format. RPMBRegulation and Policy Management Branch does not accept regulation text in track changes. 

The Secretary or Undersecretary shall authorize emergency regulation projects prior to submission of the project.  

Within 45 calendar days of receipt of a complete emergency or nonemergency regulation project package, the RPMBRegulation and Policy Management Branch project manager shall review the project and provide written feedback to the program project manager, including, if appropriate, suggestions for correcting identified issues. 

If an emergency rulemaking action requests a specific effective date, RPMBRegulation and Policy Management Branch’s involvement in early project development is recommended to avoid late or incomplete project submission. 

RPMBRegulation and Policy Management Branch shall forwards the project documents to the Office of Legal Affairs (OLAOffice of Legal Affairs) for a determination of any legal concerns. OLAOffice of Legal Affairs’s review is concurrent with the RPMBRegulation and Policy Management Branch project manager’s review. 

If OLAOffice of Legal Affairs identifies any legal issues, RPMBRegulation and Policy Management Branch shall suspend further action on the project until OLAOffice of Legal Affairs specifies the project can move forward. 

The RPMBRegulation and Policy Management Branch project manager shall coordinate stakeholder reviews for regulation and policy projects. Requests for stakeholder reviews are sent to the affected programs with a response due date.

• The program project manager shall specify the level of stakeholder review: 

  • Level 1 Priority – One calendar week.

    • This timeframe shall only be used when the department is required to meet external time constraints (e.g., court deadlines, legislative mandates, or the Governor’s executive orders). A justification of such time constraints shall be included in the project submittal. 

    • Emergency regulations are always a Level 1 Priority review. 

  • Level 2 Standard – Two calendar weeks. 

Stakeholders shall request an extension and provide a justification for the extension on or prior to the response due date. The program project manager may approve the extension. 

Stakeholder extension requests shall not be granted for emergency regulations except for the Office of Legal Affairs (OLAOffice of Legal Affairs). If the OLAOffice of Legal Affairs determines additional time is necessary, the program shall approve the request for extension and the appropriate Undersecretary shall be notified. 

It is the prerogative of the program that initiated the proposed regulations to accept or decline a stakeholder’s suggested or recommended changes to the proposed regulations. If necessary, the program shall contact the stakeholder that has suggested or recommended the changes and negotiate an agreed-upon text. If the text cannot be agreed upon, the outstanding issues shall be raised in writing or in a decision meeting with the Undersecretary or equivalent executive over the program.

The Program Project Manager is responsible for providing RPMBRegulation and Policy Management Branch with:

• Revised text incorporating accepted stakeholder recommendations.

• Documentation of the reasons for rejection of any stakeholder suggestions.

If a stakeholder does not submit its response by the due date, the RPMBRegulation and Policy Management Branch Project Manager shall provide one courtesy reminder to the stakeholder. If the stakeholder is unresponsive or does not meet the approved extension timeframe, the program may assume concurrence from the unresponsive stakeholder.

If an unresponsive stakeholder subsequently raises an objection after the program has elected to assume concurrence, the stakeholder must raise the objection with the Director, Assistant Secretary, Deputy Director, or other executive over the program.

The RPMBRegulation and Policy Management Branch Project Manager shall assemble an executive approval folder containing the proposed regulations and route the folder through program executives to the Undersecretary over the program for signature approval.

The signature of the Secretary or an authorized rulemaking delegate (one of the Undersecretaries) is required. Signing on behalf of the Secretary or delegate is forbidden by the APAAdministrative Procedure Act.

GCGovernment Code Section 11346.36(c) states, “…the department shall convene a public hearing or hearings and take public comment on any draft regulation. Representatives from state agencies and the public at large shall be afforded the opportunity to review and comment on the draft regulation before the regulation is adopted in final form.”

The RPMBRegulation and Policy Management Branch Project Manager does as follows:

• Prepares a Notice of Proposed Action (Notice) for the purpose of beginning the public process.

• Files the Notice with OALOffice of Administrative Law for publication in the California Regulatory Notice Register.

• Ensures the posting of a Notice of Change to Regulations (NCRNotice of Change to Regulations) on the Department’s websites, the emailing of the NCRNotice of Change to Regulations to Department staff statewide, and the mailing of printed copies of the NCRNotice of Change to Regulations to persons who have requested to be placed on RPMBRegulation and Policy Management Branch and RPSRelease Program Study’s mailing list pursuant to the APAAdministrative Procedure Act.

PCPenal Code Section 5058(a) establishes a duty for the Department to post copies of proposed regulations in conspicuous places throughout each institution.

The NCRNotice of Change to Regulations shall be made available for inspection by all inmates and staff by the Rules Coordinator or designee within five calendar days of receipt of the NCRNotice of Change to Regulations. NCRs shall be posted or provided as follows:

• Posted on staff and inmate bulletin boards.

• Posted in inmate housing units, corridors, and other areas easily accessible to inmates.

• Provided to inmate advisory committees and councils.

• Provided to inmate law libraries.

• Provided to inmate prison health facilities.

• Provided to inmate security housing and specialized housing units.

Within 10 calendar days of receipt, each Rules Coordinator shall complete CDCRCalifornia Department of Corrections and Rehabilitation Form 621-A, Certification of Posting and ensure that it is forwarded to RPMBRegulation and Policy Management Branch. A NCRNotice of Change to Regulations may be removed at the conclusion of the 45-day public comment period noted in the NCRNotice of Change to Regulations.

Written comments must be received by the close of the public comment period noted in the Notice.

The RPMBRegulation and Policy Management Branch Project Manager shall schedule a public hearing at which persons may present verbal comments regarding the proposed regulations. All verbal comments given at the public hearing shall be recorded.

The RPMBRegulation and Policy Management Branch Project Manager shall summarize all comments received and forward the summaries to the Program Project Manager for response.

The Program Project Manager shall thoughtfully consider the comments and respond to each, while evaluating if the proposed regulations need to be modified as a result of issues raised in a comment.

A modification to proposed regulations is considered to be “sufficiently related” if the modification is reasonably foreseeable based upon the proposed regulations that were included in the Notice. Sufficiently related modifications require a Notice of Change to Text as Originally Proposed (15-Day Renotice) and an accompanying 15-day public comment period.

If a 15-Day Renotice is necessary, the following shall be provided by the Program Project Manager:

• Modifications to the proposed regulations that are clearly specified and shown in strikethrough and underline format.

• The reasons that the modifications have been made.

The RPMBRegulation and Policy Management Branch Project Manager shall prepare the 15-Day Renotice cover letter.

The RPMBRegulation and Policy Management Branch Project Manager shall ensure the publication and posting of the 15-Day Renotice on the Department’s websites and shall send printed copies of the 15-Day Renotice to all persons who submitted a comment during the 45-day comment period, in accordance with the APAAdministrative Procedure Act. Any interested persons may submit comments specifically regarding the modifications for consideration.

If modifications are made to emergency regulations, the modifications are not in emergency effect and will only become effective once OALOffice of Administrative Law files the final regulations with the Secretary of State.

A public hearing is not required for a 15-Day Renotice.

If no further modifications are necessary following the 15-day public comment period, the RPMBRegulation and Policy Management Branch Project Manager will prepare the final executive approval folder. If further modifications are necessary, a second 15-Day Renotice is required.

The RPMBRegulation and Policy Management Branch Project Manager shall assemble a final executive approval folder containing the final proposed regulations and route the folder through program executives to the Undersecretary over the program for signature approval.

The RPMBRegulation and Policy Management Branch Project Manager shall submit the final rulemaking file, which contains the final proposed regulations, to OALOffice of Administrative Law.

OALOffice of Administrative Law has 30 working days to review the final rulemaking file for compliance with the provisions of the APAAdministrative Procedure Act. Prior to the end of the review period, OALOffice of Administrative Law will contact the RPMBRegulation and Policy Management Branch Project Manager to either approve the final proposed regulations or to discuss issues that need to be corrected prior to its approval.

If the final proposed regulations are approved, OALOffice of Administrative Law shall file the final regulations with the Secretary of State, whereupon they become permanently adopted. If issues need to be corrected prior to approval, the Program Project Manager can request a formal written disapproval from OALOffice of Administrative Law or withdraw the project. Withdrawn projects can be resubmitted to OALOffice of Administrative Law within one year of the date that the Notice was published in the California Regulatory Notice Register.

If the final regulations are adopted, the RPMBRegulation and Policy Management Branch Project Manager shall ensure that the final rulemaking documents are posted on the Department’s websites.

PCPenal Code Section 5058.1 authorizes the Secretary to establish pilot programs on a temporary and limited basis. A pilot program is a program that is tested out on a limited scale for a limited period of time and that includes an evaluation component to discern the efficacy of the program before it is implemented statewide. Although pilot programs are regulatory and are printed in the official Westlaw version of the Title 15, as published by OALOffice of Administrative Law, pilot programs are exempt from the requirements of the APAAdministrative Procedure Act.

RPMBRegulation and Policy Management Branch coordinates with the initiating program on the development and Department approval of pilot programs and submits the pilot program documents to OALOffice of Administrative Law for certification.

Under PCPenal Code Section 5058.1, pilot programs may affect no more than 10 percent of the inmate or parolee population (e.g., female inmates, male inmates, or the total inmate population). The Secretary or an authorized rulemaking delegate must certify that the proposed pilot program meets the criteria for adoption as a pilot program as provided in PCPenal Code Section 5058.1, approve an estimate of the fiscal impact of the proposed pilot program, and approve a description of the methods by which the proposed pilot program will be evaluated.

Pilot programs have a duration of two years and then automatically expire by operation of law. In order for a pilot program to continue beyond the two-year pilot period, regulations must be adopted into the Title 15 in accordance with the APAAdministrative Procedure Act by the end of the pilot period.

Proposing a pilot program is the responsibility of the Director, Assistant Secretary, Deputy Director, or other executive whose functional area administers the subject matter of the pilot program.

A proposed pilot program must be submitted to the Associate Director, RPMBRegulation and Policy Management Branch and must include the following:

• The authorization of the Director, Assistant Secretary, Deputy Director, or other executive with the authority to approve the project submission along with a memorandum explaining the need for the proposed pilot program.

• An IMInstructional Memorandum, which includes the following:

  • The purpose of the proposed pilot program.

  • The requirements for participation in the proposed pilot program.

  • The location and duration of the proposed pilot program.

  • The structure and procedures of the proposed pilot program.

  • The methods by which the proposed pilot program shall be evaluated.

  • Any new or revised CDCRCalifornia Department of Corrections and Rehabilitation forms.

  • The estimated fiscal impact of the proposed pilot program as indicated on the following forms, which must also be completed and submitted to indicate that there is no estimated fiscal impact:

  • A STDStandard Form (DGS). Form 399.

  • A CDCRCalifornia Department of Corrections and Rehabilitation Form 1150.

  • The name and telephone number of the Program Project Manager.

The review and approval process for a proposed pilot program shall be the same as for proposed regulations (see Sections 12010.6.2 through 12010.6.5).

The RPMBRegulation and Policy Management Branch Project Manager shall submit the pilot program documents to OALOffice of Administrative Law.

OALOffice of Administrative Law has 30 working days to review the pilot program documents. Once OALOffice of Administrative Law has approved the pilot program, OALOffice of Administrative Law shall file it with the Secretary of State, whereupon it shall become effective for two years.

Once the pilot program is in effect, the RPMBRegulation and Policy Management Branch Project Manager shall ensure that the IMInstructional Memorandum and other applicable documents are published on the Department’s websites.

The DOMDepartment Operations Manual contains the operational and administrative policies and procedures of the Department that are intended to provide necessary instructions to staff and to establish the standard and consistent statewide application thereof.

DOMDepartment Operations Manual policies do not have the force of law; instead, they derive their authority from statutes, court orders, or regulations (the Department’s own regulations or the governing regulations of another State agency). Under a narrowly-drawn exemption within the APAAdministrative Procedure Act, DOMDepartment Operations Manual policies pertaining to “internal management” do not need to derive authority from another source.

The legal authorities that are the foundation of a DOMDepartment Operations Manual article are cited in the “References” section at the end of that article.

Each DOMDepartment Operations Manual article has an owner who is responsible for keeping the article current and accurate. The owner is identified in the “Revisions” section at the end of each article.

The owner of a DOMDepartment Operations Manual article can initiate changes to that article as needed. If a non-owner wants to recommend that changes be made to the article, he or she must obtain the written approval of the owner.

The DOMDepartment Operations Manual Development Guide provides detailed instructions regarding the development and submittal of policy projects to RPMBRegulation and Policy Management Branch.

The review process for proposed policies shall be the same as for proposed regulations (see Sections 12010.6.2 through 12010.6.4.3).

The RPMBRegulation and Policy Management Branch Project Manager shall assemble an executive approval folder containing the final proposed policy and route the folder through program staff to the article’s owner. The owner’s signature is required for final proposed policy to be adopted.

A Notice of Change to Department Operations Manual (NCDOMNotice of Change to Department Operations Manual) is used to publish approved DOMDepartment Operations Manual policy changes and includes both a statement of the owner’s approval of the new policy and the text of the new policy.

The RPMBRegulation and Policy Management Branch Project Manager shall ensure the publication and posting of the NCDOMNotice of Change to Department Operations Manual on the Department’s website and the emailing of the NCDOMNotice of Change to Department Operations Manual to Department staff statewide.

The policy changes that are published in a NCDOMNotice of Change to Department Operations Manual shall be incorporated into the upcoming edition of the DOMDepartment Operations Manual.

The DOMDepartment Operations Manual is published electronically on the Department’s websites. RPMBRegulation and Policy Management Branch does not issue printed copies of the DOMDepartment Operations Manual.

The management and maintenance of all functions related to Department forms in the area of adult operations, programs, and parole shall be managed by the Department Form Coordinators. The Department Form Coordinators are responsible for the following:

• Overseeing the development and revision of Department forms in order to ensure compliance with applicable laws and regulations.

• Determining the impact of a proposed form revision on Title 15 regulations and DOMDepartment Operations Manual policies.

• Assigning form numbers.

• Developing and maintaining the CDCRCalifornia Department of Corrections and Rehabilitation Forms Catalog and maintaining the CDCRCalifornia Department of Corrections and Rehabilitation Forms Portal.

• Providing assistance and information regarding how to obtain and revise Department forms.

• Acting as Department forms liaisons with other State departments.

Contact information for the Department Form Coordinators may be found on RPMBRegulation and Policy Management Branch’s Forms Management webpage.

The Forms Management Guide provides detailed instructions regarding the development and submittal of form projects to RPMBRegulation and Policy Management Branch.

Statewide Restricted Department Operational Manual Coordinators

• The R-DOMDepartment Operations Manual master copy shall be maintained by the Department’s R-DOMDepartment Operations Manual Coordinators. The Department’s R-DOMDepartment Operations Manual Coordinators are responsible for overseeing the secure development, review, approval, promulgation, dissemination, and archiving of new and revised policies contained in DOMDepartment Operations Manual sections within the 55000 sequence. Any new policy or revision of current policy within the R-DOMDepartment Operations Manual shall be coordinated through the Department’s R-DOMDepartment Operations Manual Coordinators and shall be processed in accordance with the DOMDepartment Operations Manual submission, review, and approval procedures set forth in this article.

• The Department’s R-DOMDepartment Operations Manual Coordinators shall maintain a list of the R-DOMDepartment Operations Manual copies that have been issued to each institution, parole region, or office, and shall maintain a list of Local R-DOMDepartment Operations Manual Coordinators. The Hiring Authority over any entity that is authorized to possess copies of the R-DOMDepartment Operations Manual shall designate a Local R-DOMDepartment Operations Manual Coordinator to oversee the distribution and maintenance of that entity’s copies of the R-DOMDepartment Operations Manual. Staff in need of current information or documents pertaining to R-DOMDepartment Operations Manual copies in their care shall contact their respective Local R-DOMDepartment Operations Manual Coordinators to obtain the information or documents. The Department’s R-DOMDepartment Operations Manual Coordinators shall be made aware of any Local R-DOMDepartment Operations Manual Coordinator staff changes.

Restricted Department Operational Manual Holders and Need-to-Know Staff

• Copies of the R-DOMDepartment Operations Manual shall not be issued to individual persons, but to positions with a “need to know,” that require the knowledge and use of the restricted contents in order to perform the position’s duties and responsibilities. Such positions may include, but are not limited to, Assistant Secretaries, Wardens, Associate Wardens, Parole Administrators, Directors, Armories, and Watch Commanders.

  • For accountability purposes, post orders and job descriptions for these positions shall reference the responsibility for each position’s R-DOMDepartment Operations Manual copy.

  • The individuals occupying these positions shall be considered as having a need-to-know and each individual shall be responsible for the security and proper use of the position’s R-DOMDepartment Operations Manual copy.

• Each R-DOMDepartment Operations Manual copy shall remain with the assigned position unless it is reassigned to another position by the Hiring Authority. Prior to vacating a position to which an R- DOMDepartment Operations Manual copy has been assigned, an individual shall return the R-DOMDepartment Operations Manual copy to the Local R-DOMDepartment Operations Manual Coordinator or shall provide the R-DOMDepartment Operations Manual copy to the Administrative Assistant to the Warden or Regional Parole Administrator.

• The contents of the R-DOMDepartment Operations Manual shall not be discussed in the presence of those who do not have a need-to-know.

• The R-DOMDepartment Operations Manual is a confidential document that is exempt from adoption as regulations (PCPenal Code 5058(c)(1)(B)) and is subject to the privilege for official information as described in Evidence Code (ECEvidence Code) 1040 and Government Code 6254(f). The R-DOMDepartment Operations Manual and its content are accordingly exempt from public disclosure.

• Requests for a complete copy of the R-DOMDepartment Operations Manual shall be addressed to the Associate Director, RPMBRegulation and Policy Management Branch from the Hiring Authority. Each request shall include a justification for the position to be issued a copy of the R-DOMDepartment Operations Manual and a statement that the copy of the R-DOMDepartment Operations Manual shall be kept current, secured, and properly allocated. The Associate Director, RPMBRegulation and Policy Management Branch may deny requests that are not sufficiently justified or that do not include the aforementioned statement.

Maintenance

• R-DOMDepartment Operations Manual copies shall be maintained in accordance with the following:

  • Each R-DOMDepartment Operations Manual copy shall be secured in a locked cabinet or a secured office when not being used.

  • Copies of any portion of the R-DOMDepartment Operations Manual shall not be made, emailed, or sent by FAX, unless a specific R-DOMDepartment Operations Manual section provides the authorization to do so (see DOMDepartment Operations Manual, Chapter 4, Articles 38 and 45).

  • Each R-DOMDepartment Operations Manual copy shall be updated as needed and those updates shall be secured along with the R-DOMDepartment Operations Manual copy, within two weeks of receipt.

    • The Revision Record to the R-DOMDepartment Operations Manual shall be updated with every new addition or revision to policies contained in the R-DOMDepartment Operations Manual.

    • Restricted Administrative Bulletins and Restricted Instructional Bulletins shall be kept in the front of each R-DOMDepartment Operations Manual copy in numerical order under the tab identified.

    • Transmittal letters issued via CDCRCalifornia Department of Corrections and Rehabilitation Form 1189-R, Restricted Transmittal Letter shall be kept in numerical order under the tab that is identified for their filing.

    • R-DOMDepartment Operations Manual supplements shall be maintained within each R-DOMDepartment Operations Manual copy behind the appropriately related R-DOMDepartment Operations Manual section.

• To further ensure that each R-DOMDepartment Operations Manual copy is updated and current, each R-DOMDepartment Operations Manual copy shall be audited on an annual basis by the individuals occupying the positions that are responsible for the R-DOMDepartment Operations Manual copies.

Revisions

• The documents that are sent to the field concerning revisions to the R-DOMDepartment Operations Manual will typically consist of the following:

  • A transmittal letter with an identifying number (REST #) that includes instructions pertaining to the documents sent.

  • An updated Table of Contents that corresponds to the transmittal letter number.

  • A copy of the policy revisions that correspond to the transmittal letter number.

• CDCRCalifornia Department of Corrections and Rehabilitation Form 621-R, Employee Certification of Receipt of Confidential Material. Each R-DOMDepartment Operations Manual Coordinator shall ensure that the signed CDCRCalifornia Department of Corrections and Rehabilitation Form 621-R is returned via email to the Statewide R-DOMDepartment Operations Manual Coordinators within two weeks upon receipt of the revised documents.

A settlement agreement between the CDCRCalifornia Department of Corrections and Rehabilitation and the California Correctional Peace Officers Association (CCPOA) allows CCPOA to have access to the R-DOMDepartment Operations Manual.

The CDCRCalifornia Department of Corrections and Rehabilitation and the CCPOA agree that:

• CDCRCalifornia Department of Corrections and Rehabilitation shall retain sole possession of R-DOMDepartment Operations Manual.

• CCPOA shall have access to the R-DOMDepartment Operations Manual, with the exception of Section 55030, Job Action Contingency Plan.

• The access shall be available to the following CCPOA representatives:

  • Local Chapter Presidents

  • Local Chapter Vice-Presidents

  • Chief Job Stewards

  • CCPOA Field Representatives

  • CCPOA Legal Staff

  • CCPOA Chief Administrative Officer

  • CCPOA Statewide President

  • CCPOA Statewide Vice-Presidents

  • A member of any CCPOA bargaining team

• Any Bargaining Unit (BU) 6 member or their designated representative, upon request, may have access to the R-DOMDepartment Operations Manual (except Section 55030) when the BU 6 member is being investigated as to matters covered by, or has been disciplined with regard to matters covered by Subchapter 55000.

• CDCRCalifornia Department of Corrections and Rehabilitation shall provide access to CCPOA representatives at both the institutional level and the headquarters level on an appointment basis.

• In no event shall more than three of these persons have access at one location at the same time.

• Under no circumstances shall access include the right to photocopy any portion of the R-DOMDepartment Operations Manual.

• CDCRCalifornia Department of Corrections and Rehabilitation Chief of the Office of Labor Relations shall notify the Chief Administrative Officer of CCPOA in writing of any changes to the R-DOMDepartment Operations Manual.

• The Associate Director or R-DOMDepartment Operations Manual Coordinator of RPMBRegulation and Policy Management Branch at CDCRCalifornia Department of Corrections and Rehabilitation headquarters shall coordinate the inspection of the R-DOMDepartment Operations Manual within one hour of receiving the appointment request, and supervise the inspection.

• The Employee Relations Officer (EROEmployee Relations Officer) is the representative at the institutional level to coordinate the requests for access to the R-DOMDepartment Operations Manual. Any requests to individuals other than the EROEmployee Relations Officer will not be honored and the requestor will be referred to the EROEmployee Relations Officer.

• The Warden or Regional Parole Administrator shall ensure that all requests from CCPOA representatives or BU 6 members for inspection of the R-DOMDepartment Operations Manual are processed through the EROEmployee Relations Officer.

• The EROEmployee Relations Officer shall:

  • Coordinate the review of a copy of R-DOMDepartment Operations Manual within twenty-four hours of receiving the appointment request. The EROEmployee Relations Officer shall ensure, however, that prior to CCPOA reviewing the R-DOMDepartment Operations Manual, that Section 55030 has been removed.

  • Provide or coordinate the supervision of the R-DOMDepartment Operations Manual during any inspection by eligible CCPOA representatives or BU 6 members.

  • Document each time that DOMDepartment Operations Manual Subchapter 55000 is reviewed by an eligible CCPOA representative or BU 6 member as outlined above.

Revised: December 21, 2015.

Revised: August 21, 2019. 

Revised Section 12010.6.4: April 14, 2020. 

Revised Sections 12010.6 – 12010.6.4.1: April 14, 2022.