Chapter 1 – General Administration

12010.7 Authorized Pilot Programs

• 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.