Chapter 5 – Adult Custody and Security Operations

It is the policy of the California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) to ensure that CDCRCalifornia Department of Corrections and Rehabilitation peace officer authority comports with applicable State statutes, regulation and mutual aid agreements. agreements.

The purpose of this Article is to clarify CDCRCalifornia Department of Corrections and Rehabilitation peace officer authority as it relates to incarcerated persons, supervised persons, and California law enforcement requests for assistance.

CDCRCalifornia Department of Corrections and Rehabilitation peace officer authority is outlined in Penal Code (PCPenal Code) Sections 830.2(d)(1) & (2) and PCPenal Code 830.5. While normal CDCRCalifornia Department of Corrections and Rehabilitation peace officer authority under PCPenal Code 830.5 generally applies to custody of incarcerated persons either inside or outside of a CDCRCalifornia Department of Corrections and Rehabilitation facility (e.g. escape pursuit and transportation/hospital custody, etc.) and supervised persons, appropriately trained and equipped CDCRCalifornia Department of Corrections and Rehabilitation peace officers can be authorized to act outside of normal duties during emergency and non-emergency situations as specified by law. Any assistance provided shall be in accordance with the peace officers’ CDCRCalifornia Department of Corrections and Rehabilitation training (e.g. if not trained in entry operations or negotiations, they shall not participate in that capacity).

A CDCRCalifornia Department of Corrections and Rehabilitation peace officer has authority that extends to any place in the State while engaged in the performance of the duties of their respective employment and for the purposes of carrying out the primary function of their employment or as required under Sections 8597, 8598, and 8617 of the Government Code (GCGovernment Code).

CDCRCalifornia Department of Corrections and Rehabilitation peace officers whose authority is designated by PCPenal Code 830.2(d)(1) & (2), are exempt from the requirements outlined in 51010.5 and 51010.6 (b).

When a government agency (city, county, state, federal) makes an emergency mutual aid request that meets the criteria contained in the State Mutual Aid Plan or the Law Enforcement Mutual Aid Plan, response protocol provided in these plans shall be followed and the requesting agency shall make the request through the California Office of Emergency Services (CalOES).

• Once a CDCRCalifornia Department of Corrections and Rehabilitation office or institution is aware of a mutual aid request received from another government agency, they shall contact the OCSOffice of Correctional Safety duty officer for tracking.

• If contacted directly by another government agency for mutual aid but the request has not yet been vetted through the CalOES Law Enforcement Branch first, the requested CDCRCalifornia Department of Corrections and Rehabilitation office or institution shall inform the OCSOffice of Correctional Safety duty officer and redirect the requesting agency to CalOES.

GCGovernment Code Section 8597 authorizes that when the appropriate state official proclaims a state of emergency or when a state of war emergency exists, PCPenal Code Section 830.5 peace officers have full powers and authority as outlined in PCPenal Code Section 830.1. Criteria for activation of these plans include, but are not limited to, disasters which may result from flood, fire, earthquake, war, sabotage, or riots.

GCGovernment Code Section 8598 authorizes that when a local emergency exists, PCPenal Code Section 830.5 peace officers have full powers and authority as outlined in PCPenal Code Section 830.1.

When acting as peace officers under PCPenal Code Section 830.1, peace officers are authorized to exercise any powers which are appropriate or which may be directed by their superior officers.

GCGovernment Code Section 8617 provides that the CDCRCalifornia Department of Corrections and Rehabilitation may exercise non-emergency mutual aid powers in accordance with the Master Mutual Aid Agreement and local ordinances, resolutions, agreements, or plans.

CDCRCalifornia Department of Corrections and Rehabilitation peace officers may be approved to assist law enforcement agencies during non-emergency situations if one or more of the following exist:

• The request has a direct nexus to CDCRCalifornia Department of Corrections and Rehabilitation.

• The request complies with a signed Memorandum of Understanding.

• Mutual Aid Agreement.

CDCRCalifornia Department of Corrections and Rehabilitation hiring authorities (e.g. Wardens, Assistant Deputy Directors) are authorized to provide CDCRCalifornia Department of Corrections and Rehabilitation peace officer assistance to law enforcement agencies in emergency and non-emergency situations as consistent with the authority discussed herein.

Hiring authorities shall notify their supervisors of provision of assistance (e.g. Wardens shall notify their Associate Directors) prior to authorizing the assistance.

When CDCRCalifornia Department of Corrections and Rehabilitation peace officers are assigned to provide emergency or non-emergency law enforcement assistance, these tasks become the primary function of their employment for the duration of the assignment. Unless other agreements have been made, all costs associated with this assistance are the responsibility of CDCRCalifornia Department of Corrections and Rehabilitation.

During an incident that has either received a State Proclamation from the Governor or a Federal Declaration from the President of the United States, requesting agencies shall follow the mission tasking process through CalOES. This process requires the requesting agency to submit their request to the State Operations Center to be processed and sent to the OCSOffice of Correctional Safety for fulfillment. This process provides the required documentation for cost recovery.

During smaller incidents that have not initiated a State Proclamation or Federal Declaration, the mission tasking process shall still be followed, and OCSOffice of Correctional Safety shall be notified, however, the assisting agency may not receive reimbursement for assistance provided.

If a CDCRCalifornia Department of Corrections and Rehabilitation office or institution provides mutual aid to a requesting agency without a mission task or formal agreement, they may not receive reimbursement for the assistance provided.

It is the policy of the California Department of Corrections and Rehabilitation’s (CDCRCalifornia Department of Corrections and Rehabilitation), Division of Adult Institutions (DAIDivision of Adult Institutions (formerly Institutions Division)), to accomplish custodial and correctional functions with minimal reliance on the use of force. Employees may use reasonable force as required in the performance of their duties, but shall not use unnecessary or excessive force. Staff may, at any point, determine the situation can be resolved without the use of force and terminate the use of force process.

This policy, in conjunction with related procedures and training, defines staff responsibilities and requirements concerning the use of force.

This policy will assist staff in identifying when and how much force is appropriate under different circumstances, ensure that supervision, monitoring, and evaluation of the use of force is consistent with procedures and training, and ensure the investigation of possible unnecessary or excessive use of force. Staff found culpable of violations of the Use of Force Policy will be subject to disciplinary (preventive, corrective, or adverse action) procedures.

The purpose of this Article is to outline DAIDivision of Adult Institutions (formerly Institutions Division)’s procedures pertaining to the use of force, as set forth in CCRCalifornia Code of Regulations, Title 15, Section 3268.

It is the responsibility of all employees to understand and comply with the Use of Force policy, related procedures, ongoing training, and applicable law.

It is the responsibility of each Institution Head:

• To ensure that all employees receive appropriate training annually and understand the Use of Force policy and procedures, including both the application of force and subsequent reporting and documentation requirements.

• To record and track all training and discipline related to the use of force.

The following shall define language usage in this Article:

• Reasonable Force

  • Reasonable force is the force that an objective, trained, and competent correctional employee faced with similar facts and circumstances, would consider necessary and reasonable to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.

• Unnecessary Force

  • Unnecessary force is the use of force when none is required or appropriate.

• Excessive Force

  • Excessive force is the use of more force than is objectively reasonable to accomplish a lawful purpose.

• Immediate Use of Force

  • Immediate use of force is the force used to respond without delay to a situation or circumstance that constitutes an imminent threat to institution/facility security or the safety of persons. Employees may use immediate force without prior authorization from a higher official.

  • Immediate force may be necessary to subdue an attacker, overcome resistance or effect custody.

  • If it is necessary to use force solely to gain compliance with a lawful order, controlled force shall be used.

• Imminent Threat

  • An imminent threat is any situation or circumstance that jeopardizes the safety of persons or compromises the security of the institution, requiring immediate action to stop the threat. Some examples include, but are not limited to: an attempt to escape, on-going physical harm or active physical resistance.

• Controlled Use of Force

  • A controlled use of force is the force used in an institution/facility setting, when an inmate’s presence or conduct poses a threat to safety or security and the inmate is located in an area that can be controlled or isolated. These situations do not normally involve the imminent threat to loss of life or imminent threat to institution security. All controlled use of force situations requires the authorization and the presence of a First or Second Level Manager during business hours. During non-business hours, the on-site manager shall be the Administrative Officer of the Day (AODAdministrative Officer of the Day) who is responsible for the authorization of any controlled use of force and whose presence is required during any controlled use of force. Staff shall make every effort to identify disabilities, to include mental health issues, and note any accommodations that may need to be considered.

• Non-conventional Force

  • Non-conventional Force is force that utilizes techniques or instruments that are not specifically authorized in policy, procedures, or training. Depending on the circumstances, non-conventional force can be necessary and reasonable; it can also be unnecessary or excessive.

• Non-deadly Force

  • Non-deadly force is any use of force that is not likely to result in death.

• Deadly Force

  • Deadly force is any use of force that is likely to result in death. Any discharge of a firearm other than the lawful discharge during weapons qualifications, firearms training, or other legal recreational use of a firearm, is deadly force.

• Great Bodily Injury (GBI)

  • Great bodily injury is any bodily injury that creates a substantial risk of death.

• Serious Bodily Injury

  • Serious bodily injury means a serious impairment of physical condition, including, but not limited to the following:

    • Loss of consciousness;

    • Concussion;

    • Bone fracture;

    • Protracted loss or impairment of function of any bodily member or organ;

    • A wound requiring extensive suturing; and

    • Serious disfigurement.

• Response Supervisor

  • The Response Supervisor is the first line supervisor in an institution/facility responsible for the area where an incident occurs. When responding to or observing an incident involving the use of force, the response supervisor shall assume control of the responders and direct the tactics used to stop the threat. Additionally, the response supervisor shall assess the appropriateness/effectiveness of the force options being deployed, ensuring compliance with policy and training.

• Responding Supervisor

  • The Responding Supervisor is the first line supervisor responsible for the employee involved in an incident.

• Incident Commander

  • The Incident Commander is the second line supervisor in an institution/facility responsible for the area where an incident occurs or an allegation of excessive or unnecessary force is received.

• First Level Manager

  • A First Level Manager in an institution/facility is a Captain, or the AODAdministrative Officer of the Day.

• First Line Manager

  • A First Line Manager is a Parole Administrator, District Administrator, Special Agent-In-Charge, or a Senior Special Agent.

• Second Level Manager

  • A Second Level Manager in an institution/facility is an Associate Warden.

• Second Line Manager

  • A Second Line Manager is a Deputy Regional Parole Administrator or Chief.

• Institution Head

  • The Institution Head is a Warden or designee.

• Institutional Executive Review Committee (IERC)

  • The IERC is a committee of institution staff chaired by the respective Institution Head tasked with reviewing all uses of force and every allegation of excessive or unnecessary force. The IERC is the final institutional level of review.

• Department Executive Review Committee (DERC)

  • The DERC is a committee of staff selected by, and including, the Associate Director who oversees the respective institution/facility Mission-based group. The DERC has oversight responsibility and final review authority over the IERC. The DERC shall review every use of deadly force and every serious bodily injury, great bodily injury or death that could have been caused by a staff use of force. The DERC shall also review those incidents referred to the DERC by the IERC Chairperson or otherwise requested by the DERC. The DERC shall conduct all reviews within sixty (60) days of completion by the IERC.

• Deadly Force Investigation Teams (DFIT)

  • DFIT is a team of trained department investigators that shall conduct criminal and administrative investigations into every use of deadly force and every death or great bodily injury that could have been caused by a staff use of force, except the lawful discharge of a firearm during weapons qualifications or firearms training, or other legal recreational uses of a firearm. Based on certain local Memoranda of Understanding, criminal investigations may instead be conducted by an outside police department or sheriff’s office. Although defined as deadly force DFIT need not investigate the discharge of a warning shot inside an institution/facility if an Investigative Services Unit Sergeant or above, or an uninvolved Correctional Lieutenant, confirms that the discharge of deadly force was a warning shot and that no injuries were caused by the shot. All warning shots shall be reported to the Office of Internal Affairs/DFIT and the Office of the Inspector General (OIGOffice of the Inspector General).

• Deadly Force Review Board (DFRB)

  • The DFRB conducts a full and complete review of all incidents involving a use of deadly force (except warning shots) and every death or great bodily injury that could have been caused by a staff use of force, regardless of whether the incident occurs in an institutional or community setting.

• Joint Use Committee (JUC)

  • The JUC is a committee of field staff from the DAIDivision of Adult Institutions (formerly Institutions Division) tasked with reviewing and evaluating recommended revisions to the Division’s Use of Force Policy and Procedures.

• Holding Cells

  • All holding cells shall be located within buildings or sheltered areas. A holding cell shall not be used as a means of punishment, housing or long-term placement. If clothing is taken from an inmate when they are placed in a holding cell, alternate clothing shall immediately be provided unless security concerns preclude issuance.

It is the expectation that staff evaluate the totality of circumstances involved in any given situation, to include consideration of an inmate’s demeanor, bizarre behavior, mental health status if known, medical concerns, as well as ability to understand and/or comply with orders, in an effort to determine the best course of action and tactics to resolve the situation. Whenever possible, verbal persuasion should be attempted in an effort to mitigate the need for force. The type of verbal persuasion will vary dependent upon the inmate’s ability to understand. If time permits, verbal orders should be issued prior to resorting to force and are required to be provided before controlled force is used. The unresisted searching or escorting of an inmate/parolee and the unresisted application of authorized restraint equipment is not a use of force. Use of Force options do not have to be utilized in any particular sequence, but should be the force option staff reasonably believes is sufficient. Each force option has specific qualities that should be considered when choosing which option to deploy, including but not limited to: range of effectiveness, level of potential injury, staff safety, deployment methodology, level of threat presented, distance between staff and inmate, number of staff and inmates involved and the inmate’s ability to understand. When responding to or observing an incident involving the use of force, the response supervisor shall assume control of the responders and direct the tactics used to stop the threat. Additionally, the response supervisor shall assess the appropriateness/effectiveness of the force options being deployed ensuring compliance with policy and training. Use of force options include but are not limited to:

• Chemical agents: Provides staff the ability to use force while maintaining distance.

• Hand-held batons: The baton is normally issued to custodial staff assigned to positions with direct inmate contact. The baton should not be carried in the extended position unless it is being utilized for the protection of the inmate and/or staff. In controlled use of force, the baton is intended for the defense of staff and to assist in gaining control of the inmate.

• Physical strength and holds: Any deliberate physical contact, using any part of the body to overcome conscious resistance, is considered physical force. A choke hold or any other physical restraint which prevents the person from swallowing or breathing shall not be used unless the use of deadly force would be authorized.

• Less-lethal weapons: A less lethal weapon is any weapon that is not likely to cause death. A 37mm or 40mm launcher and any other weapon used to fire less-lethal projectiles is a less lethal weapon.

• Lethal weapons: A firearm is a lethal weapon because it is used to fire lethal projectiles. A lethal weapon is any weapon that is likely to result in death.

The unresisted application of authorized restraint equipment is not a use of force. When mechanical restraint is required, handcuffs, alone or attached to a waist chain, will be the means of restraint normally used. However, additional mechanical restraints, including leg restraints, additional chains, leather cuffs, or other specialized restraint equipment may be used when the circumstances indicate the need for the level of control that such devices will provide. Restrained inmates shall never be left unsupervised.

Use of mechanical restraints on persons confirmed, or suspected by health care staff to be pregnant shall be subject to the following requirements found in California Code of Regulations (CCRCalifornia Code of Regulations) Title 15 Sections 3268.2 (d) and (e):

• No leg restraints or waist chains shall be applied.

• If handcuffs are applied, the person’s arms shall be brought to the front of her body for application.

Mechanical restraints shall not be placed on an inmate during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, unless circumstances exist that require the immediate application of mechanical restraints to avoid the imminent threat of death, escape, or great bodily injury. In this case, mechanical restraints may be used only for the period during which such threat exists.

The following state-issued restraints and equipment are authorized for use at the discretion of on-duty staff:

• Handcuffs

• Waist Chain

• Leg Restraints

• Escort Chains

• Padlocks

• Security Chain

• Spit Hood

• Martin Chain

The following restraints may be used as specified below:

• Safety Triangle: This device is a handcuff retention device, used to prevent inmates from pulling restraint equipment into their cell and may be used at the discretion of on duty staff. Some reasons for using the safety triangle include, but are not limited to: rehousing an irate inmate who has threatened violence or an inmate who was just involved in a use of force incident. The safety triangle may remain attached to the handcuffs if the inmate is being relocated in the housing unit and if attaching and detaching the safety triangle to and from the handcuffs presents a safety concern. The safety triangle is not intended to control the inmate outside of the cell. The officer controlling the safety triangle must be vigilant and efforts should be directed to prevent the inmate from pulling their hands inside the cell while the door is being closed.

• In the event that an inmate who is attached to a triangle refuses to place their hands in the food/security port to allow the handcuffs to be removed, it may be necessary to pull the safety triangle to retrieve the handcuffs. When it is necessary to pull the safety triangle, a single staff member shall slowly move away from the door while holding onto the safety triangle, in order to bring the inmate’s hands through the port.  This will be conducted with extreme caution in order to minimize the risk of injury to the inmate.  Additional staff may be needed to assist with the safety triangle in the event that the one staff member is insufficient to get the inmate’s hands through the food port. Once the inmate’s hands, wrists, and forearms are through the port, staff will grasp the inmate’s forearms, the tension on the safety triangle shall be released, and the handcuffs removed.

• Prior to using a safety triangle on an inmate confirmed or suspected by health care staff to be pregnant, a physician must be consulted and any potential risks fully discussed.

• The final decision to place the device on the pregnant inmate will rest with the Warden or Chief Deputy Warden (CDW) and the reviewing physician. The consultation and its outcome must be documented for inclusion in the inmate’s health record and central file.

• Leather Restraints: Leather restraints are used for four/five point restraint in a Correctional Treatment Center, General Acute Care Hospital, or community hospital. Authorization for application of four/five point restraints shall only be given by health care staff in accordance with California Code of Regulations, Title 22, Section 79801 Clinical Restraint, Treatment Restraint, and Clinical Seclusion, and the Mental Health Program Services Delivery System Program Guide, Chapter 10, Suicide Prevention and Response.   Use of restraint equipment at the direction of medical staff shall be fully documented in the inmate’s health record.

• Hand Isolation Devices (HID): These devices (e.g., hand restraint mitt/mittens, etc.) are used as an additional measure to restrict an inmate’s ability to use his/her hands. HIDs may be used upon initial placement on Contraband Surveillance Watch (CSW) at an institution when requested and authorized as specified in DOMDepartment Operations Manual Section 52050.23.4, Mechanical Restraints. Only HIDs purchased from an approved vendor shall be used. Inmates in HIDs must have constant and direct visual supervision at all times. When it is deemed necessary by on duty staff to implement the use of a HID subsequent to the initial placement on CSW, a CDC Form 128-B, General Chrono, will be completed stating a specific safety and security concern associated with the individual inmate, and included with the CSW documentation. The subsequent approval shall be at the level of Lieutenant or above, and approved at the level of Captain or above during business hours, or by the institution AODAdministrative Officer of the Day during nonbusiness hours. The CDC Form 128-B will include: the date of implementation, reason or justification for implementation of the device, and staff requesting and approving the HID implementation. Prior to placing a HID on an inmate confirmed, or suspected by health care staff to be pregnant, a physician must be consulted and any potential risks fully discussed. The final decision to place the device on the pregnant inmate will rest with the Warden or CDW and the reviewing physician. The consultation and its outcome must be documented for inclusion in the inmate’s health care record and central file. Equipment Hygiene – HIDs must be maintained per the manufacturer’s specifications, and only clean HIDs are to be used. Should a HID become contaminated or soiled, a clean HID will be provided as soon as it is safe to do so.

Mechanical restraint equipment shall not be used in any manner described in CCRCalifornia Code of Regulations, Title 15, Section 3268.2(c), Use of Restraints. The use of restraint equipment not identified in this section must be preapproved at the level of Associate Director or higher. As part of the mechanical restraint maintenance process, restraints shall be routinely cleaned and sanitized to adhere to an acceptable equipment hygiene standard.

Inmates who have a disability that prevents standard search methods or application of restraint equipment in the prescribed manner shall be afforded reasonable accommodation under the direction of the Response Supervisor. Mechanical restraints shall be applied to ensure effective application while reasonably accommodating the inmate’s disability.

The CDCRCalifornia Department of Corrections and Rehabilitation recognizes the sanctity of human life. Therefore, deadly force will only be used when it is reasonably necessary to:

• Defend the employee or other persons from an imminent threat of death or great bodily injury.

• Prevent an escape from custody.

• Stop acts such as riots or arson that constitute an immediate jeopardy to institutional security and, because of the magnitude, are likely to result in escapes, great bodily injury, or the death of other persons.

• Dispose of seriously injured or dangerous animals when no other disposition is practical. (CDCRCalifornia Department of Corrections and Rehabilitation operates facilities that maintain livestock or are situated in remote areas, therefore CDCRCalifornia Department of Corrections and Rehabilitation recognizes this need.)

A firearm shall not be discharged if there is a reason to believe that persons other than the intended target will be injured.

In facilities contracted to house CDCRCalifornia Department of Corrections and Rehabilitation inmates outside of California, the use of deadly force shall only be applied in accordance with applicable law in the state where the facility is located.

A warning shot discharged from a lethal weapon is deadly force. Firearms may be discharged as a warning only in the safe area of an institutional/facility setting, and only when the use of deadly force is warranted.

Non-deadly force will only be used when reasonably necessary to:

• Subdue an attacker.

• Overcome resistance.

• Effect custody, or to

• Gain compliance with a lawful order.

When force is used, a medical evaluation shall be provided as soon as practical.

Employees may use force in circumstances that require immediate action in response to an imminent threat, or in circumstances that require a controlled use of force. Any application of force, whether immediate or controlled, must be reasonable and in accord with the applicable standards for deadly or non-deadly force.

When time and circumstances do not permit advanced planning, staffing and organization, and an imminent threat exists to institution/facility security or safety of persons, immediate force may be used.

If time and resources allow, an immediate use of force should be video recorded. If an immediate use of force is recorded, the recording shall be submitted into evidence.

If an immediate use of force is captured on security cameras (i.e. yard or visiting cameras), those recordings shall be placed into evidence.

When immediate force is necessary due to an imminent threat, for inmates confined in their cells, Oleoresin Capsicum (OC) is the preferred option for carrying out the immediate use of force. Whenever possible, a verbal warning shall be given before force is used.

Unit staff discovering an in-cell assault shall sound an alarm and order the inmates to stop fighting. If the inmates continue to fight or one inmate continues to assault the other, staff are authorized to use chemical agents to stop the incident.

The cell door should not be opened until sufficient staff is present to evaluate the situation. At least two officers shall be present, prior to the door being opened.

The on-scene staff may use their discretion to order the opening of the cell without both inmates restrained in handcuffs. This discretion would apply in the event of incapacitating injuries, illness, or overriding security concerns.

Should the use of chemical agents fail to stop the incident, the supervisor shall order the assembly of a controlled use of force team and immediate physical force may be used to extract the inmates from the cell. While the team is being formed, at least one staff member shall remain at the cell to continue observation of the incident for documentation purposes.

If during routine duties, correctional officers encounter an inmate who refuses to allow staff to close and lock the food/security port:

The officer shall verbally order the inmate to relinquish control of the food port and allow staff to secure it.

If the inmate relinquishes control of the food/security port, it will be secured.

In the event the inmate does not relinquish control of the food port, the officer shall back away from the cell and contact and advise the custody supervisor of the situation. Controlled force may be initiated in accordance with DOMDepartment Operations Manual Section 51020.12, while custody staff continues to monitor the inmate.

When force is necessary but does not involve an imminent threat to subdue an attacker, effect custody or to overcome resistance, the force shall be controlled.

The controlled Use of Force involves advance planning, staffing and organization. A controlled use of force requires authorization and the presence of a First or Second Level Manager, or an AODAdministrative Officer of the Day (on-site manager) during non-business hours. The on-site manager is ultimately responsible for the controlled use of force incident. The Incident Commander shall supervise the controlled use of force process. The Response Supervisor shall direct the controlled use of force team.

Once a situation exists that may result in a controlled use of force, a custody staff member shall remain at the location to monitor the inmate and continue to attempt to gain compliance from the inmate through attempts at verbal persuasion until the controlled use of force team arrives and the staff member is relieved by the Incident Commander to resume their regular duties. The custody staff member will be positioned as close as possible to the affected location, without jeopardizing their own safety.

All controlled uses of force shall be preceded by a cool down period to allow the inmate an opportunity to comply with custody staff orders. The cool down period shall include clinical intervention (attempts to verbally counsel and persuade the inmate to voluntarily exit the area) by a licensed mental health practitioner and may include similar attempts by custody staff if authorized by the on-site manager. This intervention shall take place for all inmates and is not limited to participants in the Mental Health Services Delivery System.

During the cool down period:

• Licensed Nursing Staff (LNS) (i.e., Registered Nurse (RNRegistered Nurse), Licensed Vocational Nurse, and Psychiatric Technician) shall review the inmate’s health record for medical conditions which put the inmate at increased risk for adverse outcome from the use of chemical agents and or physical force. In addition the LNS shall review the health record for any known disabilities that will require accommodation during the controlled use of force. For inmates housed in an inpatient setting the Inpatient RNRegistered Nurse shall conduct the review. For all other inmates the review shall be conducted by the Triage and Treatment Area RNRegistered Nurse.

• If the licensed mental health practitioner is not the treating clinician, they shall review the inmate’s health record to determine if the inmate has any previous or current mental health issues. The licensed mental health practitioner shall use that information along with information gained during the clinical intervention to advise the on-site manager of any mental health issues that impact the inmate’s ability to understand orders, make it difficult for the inmate to comply with orders, or could lead to a substantial risk of decompensation.

If it is determined the inmate does not have the ability to understand orders, chemical agents shall not be used without authorization from the Warden, Chief Deputy Warden or AODAdministrative Officer of the Day. Any decision to proceed with the use of chemical agents shall be documented, along with the details of the underlying reasons to proceed, and the outcome. When serious circumstances exist, calling for extreme measures to protect staff or inmates, (i.e., the inmate may be armed with a deadly weapon) the Warden, Chief Deputy Warden or AODAdministrative Officer of the Day may authorize use of chemical agents when the inmate does not have the ability to understand orders.

If it is determined an inmate has the ability to understand orders but has difficulty complying due to mental health issues, or when a licensed mental health practitioner believes the inmate’s mental health issues are such that the controlled use of force could lead to a substantial risk of decompensation, a licensed mental health practitioner shall propose reasonable strategies to employ in an effort to gain compliance. Some strategies to consider may include, but are not limited to: verbal persuasion, positive behavior modification, and/or other de-escalation/intervention techniques by the licensed mental health practitioner, or engaging additional clinicians that have an established rapport with the inmate. If the efforts are not successful, it may be necessary for the controlled use of force to proceed. Chemical agents shall not be used without authorization from the Warden, Chief Deputy Warden (or AODAdministrative Officer of the Day during non-business hours).

The cool down period may also include use of other available resources/options such as dialogue via religious leaders, correctional counselors, correctional officers and other custody and non-custody staff that have an established rapport with the inmate. The on-site manager and licensed mental health practitioner shall collaborate on efforts to be made during the cool down period. The length of the cool down period can vary depending upon the circumstances, but should be allowed to continue until all reasonable interventions have been attempted, or an imminent threat exists.

When the on-site manager and licensed mental health practitioner together determine that reasonable efforts have been exhausted, the cool down period will end and the controlled use of force will be initiated.

If there is disagreement among the collaborative team members (medical, nursing, mental health and custody) regarding the strategies to be employed, or length/termination of the cool down period, the issue shall be elevated to the appropriate clinical and custodial managers up to and including the Chief of Mental Health (or designee), Chief Medical Executive (or designee), and Warden or Chief Deputy Warden.

In the event the disagreement is not resolved at the institution level, the issue shall be elevated to the Regional Administrators (Mental Health and Medical), and the appropriate Associate Director.

The Incident Commander shall document the start time and duration of the cool down period on the CDCRCalifornia Department of Corrections and Rehabilitation 837-A/A1.

During the cool down period, a tactical plan for the potential controlled use of force will be developed by the Incident Commander in collaboration with the Response Supervisor and on-site manager, with input from the LNS and a licensed mental health practitioner. During the collaboration, the possible use of chemical agents, physical force, or other approved force options that may be used to complete the lawful objective will be discussed utilizing their collective knowledge, training, and experience, as well as an evaluation of the totality of circumstances.

General circumstances to consider include but are not limited to:

• The inmate’s current demeanor, (i.e., verbal vs. physical aggression / passive vs. active resistance).

• Prior incidents of violence toward staff.

• The safety of inmates and staff.

• Possession of a weapon.

• The use of barriers, barricades or a personal barrier (i.e., cloth or plastic placed about the inmates face and head).

• The inmate’s actions during any prior controlled uses of force.

• Physical design of the cell.

• The location of cell with regard to cross contamination (i.e., OHU/CTC/PIP/PSUPsychiatric Services Unit, open cell front).

• Effective communication needs as identified by the Disability and Effective Communications System (DECS).

• Input from the assigned housing unit staff.

Health care concerns to consider include but are not limited to:

• Current medical health.

• Current and prior mental health issues.

• The inmate’s ability to understand orders or difficulty complying with orders due to mental health issues.

• Potential for substantial risk of decompensation.

• Developmental/intellectual disabilities.

A decision to use chemical agents for the extraction should be based on more than passive resistance to placement in restraints or refusal to follow orders. If the inmate has not responded to staff for an extended period of time, and it appears that the inmate does not present an imminent physical threat, additional consideration and evaluation should occur before the use of chemical agents is authorized.

Based on the collaborative effort, the tactical plan will be finalized and approved by the on-site manager.

A controlled use of force shall not be accomplished without the physical presence of LNS. The LNS shall be in close proximity to the incident to facilitate an immediate medical response, but not so near as to become involved in the controlled use of force. The LNS is not required to don controlled use of force team equipment such as a helmet, Personal Protective Equipment kit, etc. Prior to commencing with the controlled use of force, the Incident Commander shall ensure the LNS is in possession of the appropriate medical supplies and equipment to respond to a medical emergency. The LNS who reviewed the health record and the LNS that is on-site during the controlled use of force is not required to be the same person.

Not all controlled use of force situations are conducted to remove an inmate from a cell or other location. Controlled use of force may also be used to administer medications (PCPenal Code 2602), provide medical treatment, or to complete mandated testing (i.e., TBTuberculosis testing, DNA, etc.) When circumstances are such that a controlled use of force is considered within a cell, on-duty health care staff shall ensure medical authorization for the involuntary medication exists. Health care staff shall also consult with the treating psychiatrist, primary care provider or mid-level provider, if available, to verify the current and critical need for involuntary medication or treatment. If the treating psychiatrist, primary care provider or mid-level provider is not available, the physician or psychiatrist on call shall be consulted. Health care staff shall advise the Incident Commander of such prior to the application of controlled use of force procedures. In these circumstances a controlled use of force team may enter the cell, physically restrain the inmate while medications/treatment are administered, and exit the cell.

The Incident Commander shall determine what, if any, safety equipment to be utilized (as identified in 51020.12.2). The decision shall be based on the totality of circumstances to include, but not be limited to:

• The inmate’s current demeanor (passive resistance vs. physical aggression).

• Prior incidents toward staff.

• The inmate’s actions during prior controlled use of force incidents.

• Current medical health.

• Current mental health.

• Specific purpose of the controlled use of force.

These incidents shall be video recorded; therefore, a video camera with backup videotape or media and backup batteries is required.

An extraction is the involuntary removal of an inmate from an area and usually occurs when the inmate is in a confined area such as a cell, holding cell, shower, or small exercise yard.

Extractions can be conducted as a controlled or immediate use of force. Except in the case of an imminent threat, extractions shall take place in a controlled manner.

Controlled extractions occur when no imminent threat exists but an inmate’s refusal to comply with orders and presence in a cell, yard, or other previously identified location poses a threat to safety and security, or disrupts the normal operation of the housing unit, facility, or institution.

Immediate extractions occur when an imminent threat exists. Some examples of when an immediate extraction may be necessary are: to prevent or stop, great bodily injury and/or serious bodily injury, attempted suicide, self–harm, in-cell assault, or for medical concerns such as an inmate who is non-responsive, convulsing, or seizing.

The presence of supervisors, managers or health care staff is not required to conduct an immediate extraction.

If a controlled extraction becomes necessary, extraction team members shall be issued extraction equipment:

• Riot helmet with protective face shield, protective vest, respirator, elbow and shin protectors, gloves, Kevlar neck protector, and blood borne pathogen protective suit.

• Protective shield, approximately 22″ wide and 48″ long.

• Hand-held baton(s), handcuffs, and leg restraints.

• Video camera(s) with a backup videotape or media and back up batteries.

If an immediate extraction in a Security Housing Unit/Administrative Segregation Unit becomes necessary, extraction team members shall be issued extraction equipment:

• Riot helmet with protective face shield, and protective vest.

• Protective shield, approximately 22″ wide and 48″ long.

• Hand-held baton(s) and handcuffs.

The blood borne pathogens protective suit can be used in an immediate extraction if needed. The suit is not required if bodily fluids are not present in sufficient quantities which present a threat to staff.

The blood borne pathogens protective suits, riot helmets, and protective shields are to be stored in locations that are readily accessible to the staff responding to conduct an immediate cell extraction so as not to delay entry/response.

Prior to a controlled extraction, the Response Supervisor or Incident Commander shall ensure that the members of the extraction team do not include any staff member who was directly involved in the incident precipitating the need for extracting the inmate.

The Incident Commander will ensure the Response Supervisor and extraction team members clearly understand their roles, appropriate signals, and are familiar with the departmental use of force policy.

A briefing, including possible tactics to be used, shall be given to the extraction team by the Response Supervisor and/or Incident Commander. This briefing shall not be video recorded and should be completed away from the presence of any inmates.

If time permits prior to the actual extraction, a mock extraction may be conducted in a vacated area with participating staff in order to ensure that custodial staff are familiar with their roles during the extraction. Several simulated operations will ensure smoothness, and timing during the actual extraction.

Prior to the extraction, the Incident Commander will communicate with the officer responsible/assigned to open/close cell doors and establish verbal/non-verbal signals specific to the controlled use of force.

The Incident Commander shall ensure the control officer understands that only the Incident Commander shall authorize the opening and closing of affected doors.

For the safety of staff, prior to being removed from a cell, it is preferred that the inmate submit to a visual search. The inmate should remove all clothing, except his/her underwear, and move back far enough from the cell door to allow a visual inspection. The inmate shall be visually inspected from head to toe, front and back. The inmate will run his/her fingers around the inside waistband of his/her underwear. The inmate shall be allowed to retain his/her underwear while being restrained and removed from the cell.

If the inmate refuses to cooperate with the visual search, but is willing to submit to restraints, the inmate shall be placed in restraints and removed from the cell. The application of restraints shall not be delayed due to the inmate’s refusal to submit to being searched, or to have the inmate remove any clothing. Upon removal from the cell, the inmate should be subjected to search for staff safety.

Placement of an inmate on the stomach for a short period of time to restrain an inmate is authorized; however once the inmate is exposed to chemical agents and/or if a spit hood/mask is placed on the inmate, staff shall not place the inmate on his/her stomach, or in a position that allows the inmate to end up on his/her stomach, for any period longer than necessary to gain or maintain control.

The procedure for cell extractions where two inmates are in the cell remains the same as for a single celled inmate with the following additions:

• Additional team members shall be assigned as determined by the Incident Commander.

• In the event one of the inmates is compliant with staff’s instructions, and if in the judgment of the Incident Commander it is safe to open the cell door, the inmate shall be removed.

• If it is unsafe to remove the compliant inmate, they shall be required to remain in the cell and appropriate instructions shall be issued for the duration of the incident.

The procedures for an extraction from a holding cell, shower, small exercise yard, etc., whether in a segregated housing unit or general population remain the same as cell extractions except as follows:

• Additional extraction team members or an additional extraction team may be assigned as determined by the Incident Commander.

• In the event two or more inmates are to be extracted from the same area, at least one additional supervisor shall be assigned.

Each controlled use of force shall be video recorded. The camera operator shall procure the camera, videotape or media, backup videotape or media, and backup battery. Prior to initiating video recording, the Incident Commander shall ensure the staff member operating the camera is familiar with the operation of the camera, and the expectations of the camera operator while recording the introductions and extraction in accordance with 51020.12.3 Controlled Uses of Force – Video Recording Requirements.

Only one incident shall be recorded on each video recording (videotape or video media will not include multiple incidents).

If the proposed controlled force involves a cell extraction of two inmates, two camera operators shall be used. Each camera operator will be designated an inmate prior to the application of the controlled use of force and concentrate on that inmate during the recording. The camera operator(s) will be positioned as close as possible to the immediate area to record as much of the incident as possible, yet at a sufficient distance so as to ensure no interference with the extraction team or jeopardy to their own safety.

The camera operator shall ensure that an accurate date and time is displayed on the recording. Filming shall begin with the camera operator stating their name, rank, date, time, and location of the controlled use of force.

The Incident Commander shall identify the inmate involved and state the circumstances of the proposed controlled use of force and/or extraction. The circumstances shall include a summary of the events leading up to the controlled use of force and what efforts have been made toward mitigation, to include the duration of the cool down period, as well as custody, supervisory, medical, and mental health intervention, as applicable. The Incident Commander shall explain the tactical plan, rationale of the plan, and the intended use of force.

The on-site manager shall identify themselves on camera and confirm they are authorizing the controlled use of force, including the force options as stated by the Incident Commander. The on-site manager shall also ensure the video introduction includes all required information.

The on-site LNS shall identify themselves on camera and confirm they reviewed the inmate’s health record. The LNS shall indicate if the inmate has any health conditions that will put them at increased risk for adverse outcome from the use of chemical agents or other force options. The LNS shall also note any known disabilities the inmate has that will require any accommodation before, during or after the controlled use of force. The LNS shall not include specific conditions or any other protected health information.

The LNS that will be on-site during the controlled use of force shall also identify themselves on camera as performing that role and having the necessary medical equipment.

The licensed mental health practitioner who provides clinical intervention shall identify themselves on camera and provide a detailed timeline of his/her efforts. This narrative shall not include specific conditions or any other protected health information but shall include a summary of the inmate’s reaction. The actual clinical intervention shall not be video recorded.

The Response Supervisor and members of the controlled use of force team shall identify themselves on camera and state their roles in the controlled use of force.

Following the introduction, the camera operator shall continue filming enroute to the scene of the proposed controlled use of force and record the events.

Prior to the application of force, the camera operator should videotape the interior of the cell/area and the inmate’s actions.

The incident commander shall issue a verbal warning prior to initiating the application of force.

The verbal warning shall contain the following five elements:

• Address the inmate by name.

• Advise the inmate that they are being video recorded.

• Order the inmate to voluntarily comply.

• Advise the inmate of the intent to use chemical agents and/or physical force if they do not comply.

• Advise the inmate that sufficient force will be used to remove them from the area, administer medications, etc.

After the introduction of chemical agents, the camera operator should again video record the inmate and the interior of the cell/area.

If the video recording is interrupted for any reason once the incident/extraction has begun, the camera operator will give a verbal explanation of the interruption once recording has resumed. The entire incident must be video recorded in one segment or scene.

Once the inmate has been extracted, the LNS shall conduct an initial medical evaluation of the inmate and provide any necessary initial treatment. While the inmate is being evaluated or treated the camera shall continue recording, but will not be aimed at the inmate or the LNS. During this time the camera should be aimed at a clock, floor, wall, etc. If it becomes necessary for staff to use force on the inmate while they are being examined or treated, the camera will immediately be aimed at the inmate until such time as the inmate is no longer resistive and the medical evaluation resumes.

If the purpose of the controlled use of force was to administer medications, video recording shall continue as the medications are administered, and until the controlled use of force team disengages from the inmate.

If chemical agents were used and the inmate is allowed to decontaminate, ensure the decontamination is filmed.

The Incident Commander shall determine when the incident has concluded and video recording shall end. This is typically when the inmate is placed in a holding cell/area or re-housed.

When circumstances are such that a controlled use of force is considered within a health care facility (departmental hospital, infirmary, Correctional Treatment Center (CTC), Skilled Nursing Facility (SNF), Psychiatric Inpatient Program (PIP), Outpatient Housing Unit (OHU), etc.), the LNS shall consider the impact on medical conditions and the possible need to relocate uninvolved inmates in the immediate vicinity during a controlled use of force.

Administration of Involuntary Medication or Medical Treatment (PCPenal Code 2602/Probate Code 3200): When force is necessary to administer medication or medical treatment within a health care facility, on-duty health care staff shall ensure medical authorization for the involuntary medication or treatment exists. Health care staff shall also consult with the treating psychiatrist, primary care provider or mid-level provider, if available, to verify the current and critical need for involuntary medication or treatment. If the treating psychiatrist, primary care provider or mid-level provider is not available, the physician or psychiatrist on call shall be consulted. Health care staff shall advise the Incident Commander of such prior to the application of controlled use of force procedures.

Application of Four/Five point Restraints: Only departmentally approved four/five point restraints shall be applied by authorized LNS in health care facilities. Authorization for application of four/five point restraints shall only be given by health care staff in accordance with California Code of Regulations, Title 22, Section 79801 Clinical Restraint, Treatment Restraint, and Clinical Seclusion, and the Mental Health Program Services Delivery System Program Guide, Chapter 10, Suicide Prevention and Response. On-duty health care staff shall ensure authorization exists, and shall advise the Incident Commander of such prior to the controlled use of force under these circumstances.

Inmate Refusal of Admission, Discharge, or Transfer to/from a Health Care Facility: When a clinician with admitting privileges to a CDCRCalifornia Department of Corrections and Rehabilitation Health Care Facility has determined it is necessary to admit, discharge, or transfer an inmate into/from a health care facility, health care staff shall ensure that a written order for the admission, discharge, or transfer exists, and shall advise the Incident Commander of such, prior to the controlled use of force.

Accountability for food trays is an operational concern for the safety and security of institutions. It is important that the staff who issue food trays to inmates in cells account for all trays after the meal is concluded.

If the inmate refuses to return a food tray, the supervisor and the First or Second Level Managers shall be notified. Staff shall document the inmate’s refusal to return the food tray on a CDC-115, Rules Violation Report.

The inmate will be advised that they shall not receive another meal until the first scheduled mealtime after the tray is returned. Additionally, the inmate-and all other inmates in the pod/section- will be placed on escort/restraint status to prevent passing of contraband items. Inmates may exit their cells to acquire various services. If the cell is vacated, staff will use that opportunity to retrieve the food tray.

Notice shall be provided to staff members working subsequent shifts to ensure their awareness of the circumstances. Institution/facility staff shall implement security measures to deter and prevent the movement of the retained food tray from one cell to another.

If the inmate retains control of the food tray for a period of 24 hours, the Manager shall determine if controlled force will be used to retrieve the tray. This does not preclude the Manager from making a determination, based on safety and security concerns, to retrieve the tray using force prior to the 24-hour time frame.

If the goal of the controlled use of force is only to retrieve the tray, all staff shall be informed of this in advance. If the inmate has retreated to the back of the cell and the tray can be safely retrieved without the application of force, then staff shall retrieve the tray and exit the cell.

Video equipment, including cameras, batteries, and blank tapes or discs shall be stored in a designated area at each institution. Video recordings shall be maintained for a period of five years from the date of the incident, or longer if warranted.

Video recordings shall be processed as follows:

• The camera operator shall label the tape with the date, time, inmate’s name and CDCRCalifornia Department of Corrections and Rehabilitation number, the camera operator’s name, and incident log number, if applicable.

• The Incident Commander shall, prior to being relieved from duty, forward to the designated area for storage any video recordings of controlled uses of force and any video recordings of inmate injuries or interviews following an immediate use of force or an allegation of excessive or unnecessary force. The Incident Commander shall ensure that all such recordings are secured, logged and processed in a manner to preserve evidentiary value.

Based upon individual institution space availability, an institution may maintain evidentiary related video recordings and non-evidentiary video recordings in separate locations, which shall be identified within a local supplement to this section.

The 37 mm and 40 mm launchers are weapons designed to discharge less lethal impact munitions or chemical agents. They are authorized for use in all areas including segregated housing units, general population housing units, cells, dayrooms, dining halls, concrete yards, exercise yards and work areas. It is recommended a Response Supervisor be assigned the duties of discharging less lethal impact munitions during controlled use of force-cell extraction.

During the formation of the tactical plan defined in 51020.12, the on-site manager may authorize the use of less lethal impact munitions during controlled use of force situations in a cell, if the inmate is barricaded, or if circumstances are serious in nature calling for extreme measures to protect staff or inmates (i.e., the inmate is armed with a deadly weapon).

In controlled use of force situations for inmates who are housed in Mental Health Crisis Bed, PIP, OHU, Psychiatric Services Unit (PSUPsychiatric Services Unit), or have an Enhanced Outpatient Program (EOPEnhanced Outpatient Program) level of care designation, or do not possess the ability to understand orders, or have difficulty complying with orders due to mental health issues, or are at substantial risk of decompensation from the use of force, the use of less lethal weapons is prohibited for direct or indirect use, (i.e., body or barricade removal), unless the Warden or Chief Deputy Warden authorize their use. If circumstances are serious in nature and involve an imminent threat, the use of less lethal weapons in accordance with this section may be authorized. In immediate use of force situations involving an imminent threat, staff are not precluded from using less lethal weapons to gain control of a disturbance involving inmates who may have mental health issues.

Departmentally approved chemical agents include, but are not limited to the following: Oleoresin Capsicum (OC), Chloroacetophenone (CN), and Orthochlorobenzalmalononitrile (CSControl Services). OC may be issued to all on-duty departmentally trained peace officers, certified in the use of chemical agents. Employees shall only administer the amount of chemical agents necessary and reasonable to accomplish the lawful objective.

While in the community, non-uniformed peace officers that are issued OC products shall carry the product in a concealed manner, unless the peace officer has a badge clearly displayed.

During a controlled use of force in a cell, single person holding cell, shower, or other small space, only the chemical agent products listed in 51020.15.1 may be deployed. Any additional products authorized by the Office of Correctional Safety, Emergency Operations Unit, and approved by the Director, Division of Adult Institutions must be specifically authorized for controlled use of force in a cell or other small space in order to be utilized for this purpose.

• MK-9 OC Vapor – limited to a single burst of 1-3 seconds in duration per application with a maximum of two applications. 

• MK-9 OC Fogger – limited to a single burst of 1-5 seconds in duration per application with a maximum of four applications.

• MK-9 OC Foam – limited to a single burst of 1-5 seconds in duration per application with a maximum of four applications.

• OC Vapor Grenade – limited to 2 devices

• OC Flameless Expulsion Grenade – limited to 2 devices

• X-10 Barricade Removal Device – limited to a single burst of 1-5 seconds in duration per application with a maximum of four applications. Chemical agents may only be deployed from the X-10 during the removal of a barricade. The X-10 is not to be used solely as a delivery device for chemical agents.

Regardless of which chemical agents are deployed, or in what combination, no more than a total of four chemical agent applications shall be administered. In unusual circumstances or when circumstances call for extreme measures to protect staff or inmates, it may be necessary to exceed the four allowed applications. In this event, the Incident Commander shall consult with the on-site manager, who can authorize additional chemical agent applications. For each additional chemical agent application authorized, the on-site Manager shall verbalize to the camera, the chemical agent application being authorized and the rationale for the decision.

The amount of time needed for the chemical agents to become effective will vary based upon the delivery method, individual tolerance levels, and environment. A minimum of three minutes shall lapse between each application of chemical agents before additional chemical agents may be applied.

It is recommended a Response Supervisor be assigned the duties of administering chemical agents during controlled use of force in a cell or other small space. Prior to each use of a chemical agent, the staff member applying it shall display the device in view of the camera and state out loud for the camera the time of application and the type of device being applied.

After each application of a chemical agent, the Incident Commander and Response Supervisor shall assess the effectiveness or lack thereof. In the event chemical agents have not proven effective, the Incident Commander and Response Supervisor should carefully weigh the continued use of chemical agents versus use of physical force to complete the extraction. If a decision is made to apply additional chemical agents, the Incident Commander shall verbalize to the camera the rationale for the decision. For example: “A vapor grenade was deployed. It has been three minutes. The inmate is not showing any visible reaction, is using a personal barrier, and is shouting. We will now attempt to strike the personal barrier with a fogger product.”

Staff shall make every reasonable effort to maintain visual contact with an inmate when administering chemical agents and until the inmate is decontaminated.

During a controlled use of force in larger areas such as rotundas, small management yards, large holding cells, segregated housing unit exercise yards, etc., departmentally approved chemical agents may be used in accordance with the Restricted DOMDepartment Operations Manual, Section 55050 – Armory, Armed Posts, and Weapons, and applicable training. In these situations, dependent on the size of the area, number of inmates involved, and complexity of the incident, it may be necessary to administer chemical agents in a larger quantity and more frequently than would occur during a controlled use of force in a small space.

In controlled use of force situations for inmates who are housed in Mental Health Crisis Bed, PIP, OHU, PSUPsychiatric Services Unit, EOPEnhanced Outpatient Program, or an Administrative Segregation Unit-EOPEnhanced Outpatient Program Hub, or do not possess the ability to understand orders, have difficulty complying with orders due to mental health issues, or are at increased risk of substantial decompensation from the use of force, the use of chemical agents is prohibited, unless the Warden, Chief Deputy Warden (or AODAdministrative Officer of the Day during non-business hours) authorize the use.

If circumstances involve an imminent threat, the use of chemical agents is authorized in accordance with this section for use against an inmate who may not possess the ability to understand orders or to gain control of a disturbance involving inmates who may have mental health issues.

Any inmate exposed to a chemical agent shall be afforded an opportunity to decontaminate as soon as practical. Staff shall provide reasonable accommodation to disabled inmates who require assistance exiting a contaminated area and during the decontamination process.

If an inmate refuses to decontaminate, no other action is necessary, unless the inmate was exposed in a cell and not removed from the cell where the exposure occurred. In these instances, refer to Section 51020.15.6. If an inmate refuses decontamination, the LNS shall be responsible to explain the importance of decontamination and encourage the inmate to decontaminate.

Inmates in an adjacent cell or in the general area where chemical agents are used shall be questioned by custody staff to determine if decontamination is warranted.

Decontamination of those inmates not directly exposed to chemical agents will be based upon obvious, physical effects of the chemical agent.

The need to medically treat an inmate for serious injury may supersede the need to decontaminate from the effects of exposure to chemical agents.

Inmates exposed to chemical agents shall be allowed to change their clothes as soon as practical.

Inmates exposed to chemical agents in a cell shall be afforded the opportunity to exchange linens and bedding, including the safety blanket, when applicable.

Decontamination from OC may be accomplished by exposing the individual to fresh moving air, or flushing the affected body area with cool water, e.g., shower, sink water, or wet cloths and providing clean clothing.

Except when it is determined that removing an inmate from a cell would result in additional force or give rise to an imminent threat, the inmate will be provided an opportunity to decontaminate outside of a cell in which OC has been used.

Force shall not be used to decontaminate inmates from the effects of OC unless a serious threat to the inmate’s health is present and LNS determines the inmate must be decontaminated.

No other decontamination is necessary for inmates who have been medically treated and LNS has determined the inmate has been decontaminated.

As soon as it is practical and safe to do so, decontamination of the affected cell and housing unit shall be accomplished by ventilating the area to remove the airborne agent. Open doors and windows as permitted, or use portable fans to speed up the process. If applicable manually turn the air exchange system to high. A fan and the use of the air exchange system is not recommended for any dry agent that is utilized (i.e., expulsion grenades or muzzle blast). Wiping the area down with damp cloths or mopping is only necessary if a noticeable amount of residue is visible.

After decontamination, the inmate should not be returned to a contaminated cell until sufficient time has elapsed to allow for dissipation of the OC or until the cell has been cleaned.

In-cell decontamination may be used for inmates housed in an institution/facility when the Incident Commander or Response Supervisor determines that removing the inmate would result in the need for additional use of force or give rise to an imminent threat.

The circumstances leading to the order for in-cell decontamination shall be clearly explained in the Response Supervisor’s/Incident Commander’s report.

When an inmate is going to be decontaminated in his/her cell, a licensed nursing staff shall advise the inmate how to self-decontaminate and the importance of decontamination. Licensed nursing staff shall explain to the inmate that he/she should remove contaminated clothing and use water from the sink to flush the affected area(s). The licensed nursing staff shall also explain to the inmate that he/she should pat or air dry and avoid rubbing the exposed areas.

When an inmate is not removed from the cell, a licensed nursing staff shall monitor the inmate approximately every 15 minutes for a period of not less than 45 minutes starting from the last application of chemical agent. During the monitoring, if the licensed nursing staff determines there is a need for additional medical assessment/treatment outside the cell, the licensed nursing staff shall advise a custody supervisor of the need to remove the inmate from the cell. The custody supervisor shall coordinate the removal of the inmate.

A licensed nursing staff shall document the fact the inmate was given instructions and the approximate times of the 15 minute observations on a CDCRCalifornia Department of Corrections and Rehabilitation 7219, Medical Report of Injury or Unusual Occurrence.

A verbal warning shall be given whenever possible prior to the use of chemical agents, unless the circumstances requiring the immediate use of force preclude such verbal warning.  If a streamer, fogger, or foam agent is used, employees shall target the facial area, when available, and utilize a burst of approximately three seconds. If a blast or pyrotechnic grenade is used, employees shall deploy the device to an area that provides effective chemical agent exposure to the intended target(s). Following the deployment, employees shall assess the need for additional deployment while allowing the chemical agent to work and providing orders to the intended target(s). If an imminent threat still exists and additional use of force is necessary, further deployment of an additional chemical agent is authorized, following the same instructions as above, or the employee may transition to another use of force option until an imminent threat no longer exists. In addition to all existing requirements for reporting the use of chemical agents, employees who deploy more than one burst of chemical agent, shall articulate the need to utilize a second, and any subsequent bursts of chemical agents, or any other use of force option, in their written report. The use of chemical agents on intended target(s) known to be pregnant is prohibited.

Only departmentally approved spit hoods/masks are authorized for use. A spit hood/mask shall not be placed upon an inmate who:

• Is in a state of altered consciousness (visibly drowsy, stuporous, or unconscious) or;

• Has any visible signs of a seizure; or

• Is vomiting or exhibits signs of beginning to vomit.

• A spit hood/mask may be applied to an inmate if:

• There is verbal or physical intent by the inmate to contaminate others with spit or other bodily fluids from the nose or mouth; or

• The inmate is not able to control expelling fluids from the nose or mouth (with the exception of vomit); or

• The inmate is on authorized security precautions according to the procedures of the unit where the inmate is housed.

• If the inmate was contaminated with OC before the mask was applied, the mask shall be kept on until the inmate is afforded decontamination unless the inmate is in a state of altered consciousness (visibly drowsy, stuporous, or unconscious); or has any visible signs of a seizure; or is vomiting or exhibits signs of beginning to vomit. In this case the spit hood/mask will be removed immediately and appropriate treatment will be administered.

If the inmate is decontaminated with fresh moving air, the spit hood/mask may remain on during decontamination and can be exchanged for a new spit hood/mask when decontamination is complete. If the inmate is decontaminated with water, the spit hood/mask shall be removed during decontamination and a new spit hood/mask can be placed on the inmate when decontamination is complete.

If an inmate has been exposed to chemical agents after the spit hood/mask is applied, the spit hood/mask shall be replaced with a new one when it is safe to do so.

If a spit hood/mask was applied and the inmate loses consciousness, begins seizing, or begins vomiting the spit hood/mask shall be removed immediately and appropriate treatment will be administered.

If a spit hood/mask is applied to an inmate, it is imperative that constant supervision of the inmate be maintained for signs of respiratory distress. If any respiratory distress is observed, the spit hood/mask shall be removed until the signs of respiratory distress have dissipated.

Once an inmate is exposed to chemical agents and/or if a spit hood/mask is placed on the inmate, staff shall not place them on their stomachs, or in a position that allows the inmate to end up on their stomach, for any period longer than necessary to secure (e.g. handcuff) and/or gain control of the inmate. A prone position makes it difficult for any exposed individual to breathe and may be a contributing factor in positional asphyxia. Positional asphyxia occurs when an individual’s body position interferes with respiration, resulting in death.

If an exposed individual is in handcuffs and requires transportation via a gurney, stokes litter, etc., they shall be positioned on their back or side.

Every staff use of force is an incident that shall be reported. Uses of force include non-deadly force, deadly force, immediate force, controlled force and non-conventional force. Verbal commands, the unresisted application of restraints or escort of an unresisting inmate and the movement of an unconscious or otherwise incapacitated inmate are not uses of force.

Any employee who uses force or observes a staff use of force shall report it to a supervisor as soon as practical and follow up with appropriate documentation prior to being relieved from duty.

The CDCRCalifornia Department of Corrections and Rehabilitation 837 Crime/Incident Report forms are used for reporting uses of force. Written reports regarding both immediate and controlled use of force shall be documented on a CDCRCalifornia Department of Corrections and Rehabilitation 837.

Documentation shall identify any witnesses to the incident and describe the circumstances giving rise to the use of force, whether the inmate is a participant in the Mental Health Services Delivery System and the nature and extent of the force used. The documentation shall also describe any involvement of licensed mental health practitioners prior to or during the use of force incident, if de-escalation strategies were attempted prior to the use of force, and the outcomes of any strategies used.

Written reports regarding staff uses force shall be documented on a Crime/Incident Staff Report (CDCRCalifornia Department of Corrections and Rehabilitation 837-C). This requirement includes the on-site manager authorizing the use of controlled force. This requirement includes a First or Second Level Manager/AODAdministrative Officer of the Day authorizing the use of controlled force.

Reports shall be prepared by any employee who uses or observes the use of force. The reports shall be submitted to, and reviewed by, the Response Supervisor prior to being relieved from duty. Staff shall not collaborate with each other in the preparation of reports.

If possible, identify important information in the contents of the report as follows:

• Identities of staff that observed and/or participated in the use of force.

• Description of the actions of the inmate and circumstances leading to the use of force.

• Description of the specific force used or observed.

• If chemical agents were used, identify the type of projector used, and from what distance.

• Description of the inmate’s level of resistance.

• Description of why force was used and description of the threat perceived.

• Description of any identified disabilities ascertained through any tracking system and what form of reasonable accommodation and/or assistance was provided during and after the controlled use of force.

• Description and observations of staff or inmate injuries and the cause of the injury, if known.

• Description of observations of decontamination of chemical agents or medical attention given.

• Description of observations or knowledge of the steps taken to decontaminate the housing unit, and those inmates not directly exposed to chemical agents.

• Documentation of any inmate allegation of an unnecessary or excessive use of force.

An employee, who intentionally or accidentally uses deadly force, whether on or off-duty, shall ensure that a supervisory employee is verbally notified of the incident without delay. A written report shall also be required. This reporting is not a requirement for the lawful discharge of a firearm during weapon’s qualifications, firearms training, or other legal recreational use of a firearm.

A video recorded interview of an inmate shall be conducted in accordance with the Inmate Interview for GBI and SBI Worksheet, CDCRCalifornia Department of Corrections and Rehabilitation Form 3013-1, or Inmate Interview for Allegation Worksheet CDCRCalifornia Department of Corrections and Rehabilitation Form 3013-2, and documented on the CDCRCalifornia Department of Corrections and Rehabilitation Form 3014, Report of Findings-Inmate Interview, under the following circumstances:

• The inmate has sustained a serious bodily injury or great bodily injury that could have been caused by a staff use of force (CDCRCalifornia Department of Corrections and Rehabilitation Form 3013-1).

• The inmate has made an allegation of an unnecessary or excessive use of force (CDCRCalifornia Department of Corrections and Rehabilitation Form 3013-2).

Any visible or alleged injuries shall be video recorded. The video recording shall be conducted by custodial supervisors (sergeants or lieutenants) who did not use, or observe the force used, in the incident.

The video recording should be made as soon as possible, but no later than 48 hours from discovery of the injury or allegation.

The video recording shall also include a request of the inmate to be interviewed regarding the circumstances of the incident. If the inmate refuses to be video recorded, such refusal shall be recorded.

The custody supervisor shall not inhibit the inmate being interviewed from providing relevant information.

In addition to writing his/her own report when applicable, prior to being relieved from duty the Response Supervisor shall:

• Gather written reports from staff involved in the use of force incident.

• Serve as the first level of review for all subordinates’ reports and shall ensure that all necessary information is contained in these reports. The Response Supervisor is expected to ensure that each employee’s report is prepared independent of any other report.

• Ensure no involved employee is relieved of duty prior to receiving his/her written report, unless the employee is physically unable to prepare the report due to an injury. If due to the circumstances a verbal report is not possible, the Response Supervisor shall explain the reason for not taking a verbal report.

• Obtain applicable medical reports from health care staff, inspect the form(s) and determine if all relevant information is present.

• If applicable, complete Report of Occupational Injury or Illness Form (SCIFState Compensation Insurance Form-3067).

• If applicable, complete State Compensation Insurance Fund Employee Claim for Workers’ Compensation Benefits Form (SCIFState Compensation Insurance Form-3301).

• If applicable, complete Department of Health Services Report of Request and Decision for HIVHuman Immunodeficiency Virus Testing (CDC-8439) in cases of potential exposure to blood borne pathogens.

When there has been a use of deadly force, the on-duty/Response Supervisor shall ensure that the chain of command is notified and all necessary health and safety, medical, and security measures are initiated. The on-duty/Response Supervisor shall go to the location and ensure that the scene is protected.

For incidents occurring in an institutional setting, the Watch Commander shall contact the institution’s Investigative Services Unit (ISUInstitution Services Unit).

For incidents occurring in a community setting, the on-duty supervisor or Watch Commander shall ensure local law enforcement is contacted.

The on-duty/Response Supervisor shall ask the employee who used deadly force to provide a public safety statement immediately after the incident. This is the employee’s oral statement. This statement helps determine the general circumstances of the incident, assess the need for resources, set the perimeter, locate injured persons, and determine the nature of the evidence to be sought. It shall provide basic information such as the number of persons involved in the incident, the number not yet in custody and number and direction of shots fired. The statement shall not include, and the employee should not be asked to provide, a step-by-step narrative of the incident or a motive for his/her actions. Providing a public safety statement does not relieve the staff of the responsibility to submit a written report in accordance with CCRCalifornia Code of Regulations, Title 15, Section 3268.1(a), or within 24 hours after the incident.

The on-duty/Response Supervisor shall capture the essence of the oral statement in writing and submit it to the Incident Commander.

In circumstances where the use of deadly force results in death or GBI, the staff using the force will be placed on administrative time off (ATOAdministrative Time Off) for 72 hours in order to facilitate department interviews and staff wellness. These 72 hours will be paid contiguous time off, unless they are scheduled regular days off (RDORegular Day Off). RDOs will count toward the contiguous 72 hours but will not be paid unless the employee is called to work. If the 72 hours ATOAdministrative Time Off overlap with a period of pre-scheduled time off (i.e. vacation, holiday, sick leave, etc.) the ATOAdministrative Time Off will be used in lieu of, not in addition to the affected employee’s leave credits.

As soon after the incident as is practical, the on-duty/Response Supervisor or Incident Commander must also initiate Peer Support Program (PSP) protocols as delineated in DOMDepartment Operations Manual Section 31040.3.2. The Incident Commander shall notify the Office of Internal Affairs (OIAOffice of Internal Affairs) and the Office of the Inspector General (OIGOffice of the Inspector General) as soon as possible, but no later than one hour from the time the incident is discovered, of any use of deadly force and every death or GBI that could have been caused by a staff use of force.

Health Care Services staff shall complete and submit a Crime/Incident Staff Report (CDCRCalifornia Department of Corrections and Rehabilitation 837-C) whenever a health care staff member:

• Observes use of force.

• Uses force on an inmate.

• Provides clinical intervention prior to a use of force.

• Reviews the health record for conditions that may put an inmate at increased risk for adverse outcome from the use of force.

• Hears an inmate allegation of an unnecessary or excessive use of force during a reportable incident if not already reported on a Notice of Injury or Unusual Occurrence form (CDCRCalifornia Department of Corrections and Rehabilitation 7219).

On the CDCRCalifornia Department of Corrections and Rehabilitation 837-C, the licensed mental health practitioner shall provide a timeline for the clinical assessment and intervention process. They shall also document if the inmate had the ability to understand orders, had difficulty complying with orders based on mental health issues or was at increased risk of substantial decompensation due to mental illness.

If it was determined the inmate had difficulty complying with orders or was at increased risk of substantial decompensation, the licensed mental health practitioner shall:

• Document that strategies were developed.

• Document if the strategies were implemented.

• Document whether those strategies were successful.

On the CDCRCalifornia Department of Corrections and Rehabilitation 7230, Interdisciplinary Progress Note, the licensed mental health practitioner shall document information regarding the clinical assessment and intervention process. The licensed mental health practitioner shall document the rationale for the assessment results regarding the inmate’s ability to understand direction, any difficulty complying with direction or substantial risk of decompensation. If strategies were developed, the licensed mental health practitioner shall document specific strategies, whether the strategies were implemented, and the results.

In addition to the requirements noted above, the LNS shall complete and submit a CDCRCalifornia Department of Corrections and Rehabilitation 7219 upon conducting a medical evaluation after a use of force. The CDCRCalifornia Department of Corrections and Rehabilitation 7219 shall be completed and submitted to the Response Supervisor prior to the LNS leaving the institution and shall:

• Include a quote of the inmate’s own words in the patient comment section.

• After examination, document observations of the area on the inmate where force was applied.

• Include comments or information garnered from custody staff regarding the type and amount of force used.

• Document the injuries sustained and the medical treatment rendered.

• Document if the inmate refuses medical examination and/or treatment.

• Document any alternative assistive device provided and any medical recommendation / accommodation suggested during and after the use of force.

• Document in-cell decontamination instructions and times of 15-minute checks, if applicable.

In addition to the above requirements, LNS shall be responsible for providing custody staff and the Use of Force Coordinator, with notification and updated information in the event that the aftercare treatment process reveals new facts about the severity of an injury.

It is the responsibility of the Incident Commander to notify the Office of Internal Affairs (OIAOffice of Internal Affairs) and the Office of Inspector General (OIGOffice of the Inspector General) as soon as possible, but no later than one hour from the time the incident is discovered, of any use of deadly force and every death, great bodily injury or serious bodily injury that could have been caused by a staff use of force. Depending on the specific Memorandum of Understanding (MOUMemorandum Of Understanding) and the nature of the incident, a call to the county sheriff or police department may also occur.

Prior to being relieved from duty the Incident Commander or designee shall:

• Initiate the initial incident report, consisting of the Crime/Incident Report Cover Sheet (CDCRCalifornia Department of Corrections and Rehabilitation 837-A/A1), the Crime/Incident Report Supplement (CDCR837-A1), and the Crime/Incident Report Inmate/Staff/Visitor, Other (CDCRCalifornia Department of Corrections and Rehabilitation 837-B1/2/3) reports. This shall be an accurate summary of the events as described in the written reports submitted by all employees.

• Prepare the initial incident package. This includes the CDCRCalifornia Department of Corrections and Rehabilitation 837-A/A1, B and C forms and any other applicable forms or documents.

• Review all incident reports for quality, accuracy and content.

• Clarify incomplete reports with involved staff by completing a CDCRCalifornia Department of Corrections and Rehabilitation 837-C-2 Review Notice.

In controlled use of force cases in institutions/facilities involving involuntary medication, placement into four/five point restraints, or admission into a licensed health care facility, the Incident Commander shall include in the CDCRCalifornia Department of Corrections and Rehabilitation 837-A/A1, the name and title of the on-duty health care staff that verified the appropriate medical authorization existed prior to the use of force.

• Prepare and submit a separate CDCRCalifornia Department of Corrections and Rehabilitation 837-C if they actually used force during an incident, or observed the use of force.

In normal circumstances, it is the expectation that within 24 hours of the incident the Incident Commander or designee will ensure the initial incident report (CDCRCalifornia Department of Corrections and Rehabilitation 837-A/A1 and CDCRCalifornia Department of Corrections and Rehabilitation 837-B ) is uploaded in the Daily Information Reporting System (DIRS).

Ensure all force related video recordings of inmate injuries or interviews and recordings of controlled force are forwarded to the appropriate location, as set forth in Section 51020.13.

Initiate the Use of Force Review process as set forth in Section 51020.19.1.

Should an incident or allegation warrant investigation by the DFIT, the OIAOffice of Internal Affairs, or any other outside investigating agency, the Incident Commander shall suspend all review of that incident until the investigation is complete.

The on-site manager authorizing the use of controlled force is required to be present during the use of force and document involvement on a CDCRCalifornia Department of Corrections and Rehabilitation 837C.

Any institutional managers consulted regarding a disagreement among the collaborative team members during a controlled use of force shall submit a CDCRCalifornia Department of Corrections and Rehabilitation Crime/Incident Staff Report (CDCRCalifornia Department of Corrections and Rehabilitation 837-C) detailing their involvement.

If the Regional Administrators (Medical or Mental Health) or the Associate Director are contacted, they shall submit a CDCRCalifornia Department of Corrections and Rehabilitation Crime/Incident Staff Report (CDCRCalifornia Department of Corrections and Rehabilitation 837-C) detailing their involvement.

Any employee who observes a use of force that is unnecessary or excessive shall attempt to stop the violation. Any employee who becomes aware of an allegation of unnecessary or excessive force, whether it occurs during a reportable incident or not, shall verbally report the allegation to a custody supervisor as soon as possible, followed with appropriate documentation.

If the allegation occurs in conjunction with a reportable incident, the incident shall be reported in accordance with the requirements set forth in this Article and any such allegation shall be documented and included in the incident report package. Each involved employee shall document all details regarding any allegations or observations of use of force that is unnecessary or excessive. This includes a quote of the allegation, or what was seen or heard, including observations of any apparent injuries, and the name of the supervisor the employee reported the allegation to.

All reports shall be submitted to a custody supervisor.

Whether or not the allegation of excessive or unnecessary force is made in conjunction with a reported use of force, a supervisor who learns of such an allegation shall:

• Make a verbal notification to the Incident Commander as soon as practical.

• Arrange for the inmate to be medically examined and request a full medical assessment of injuries, if any.

• Ensure every staff member who witnessed the allegations and/or staff who witnessed the event leading to the allegations immediately submits the applicable report.

• Review any reports for clarity.

• Submit a package of all documents relating to the allegation, including a copy of the medical report, to the Incident Commander.

When informed of allegations of the use of unnecessary or excessive force, the Incident Commander and/or the Appeals Coordinator shall make an initial assessment of the information received and notify the appropriate First or Second Level Manager as soon as practical.

Additionally, the Incident Commander and/or the Appeals Coordinator shall:

• Ensure LNS has evaluated the inmate and a CDCRCalifornia Department of Corrections and Rehabilitation 7219 has been completed.

• Review written reports of witnesses and obtain statements from inmate witnesses, if any.

• Ensure that the inmate’s injuries are video recorded and the inmate is interviewed within 48 hours in accordance with the requirements set forth in DOMDepartment Operations Manual, Section 51020.17.3. This shall be done as soon as possible upon receiving verbal notification of the allegation.

When an allegation is received, whether verbally or through the appeals process, the Appeals Coordinator or Incident Commander shall contact ISUInstitution Services Unit or the Watch Commander and determine if the related incident report exists. The respective Appeals Coordinator or Incident Commander shall note the existence of the incident report by log number in their submittal prior to forwarding the allegation for administrative review.

If the inmate has suffered serious bodily injury or great bodily injury, the Incident Commander shall notify the OIAOffice of Internal Affairs and the OIGOffice of the Inspector General as soon as possible, but no later than one hour from the time the incident is discovered. In instances where the allegation was submitted through the inmate appeal process and there is no corresponding incident report, the Appeals Coordinator shall, in consultation with the hiring authority, notify the OIAOffice of Internal Affairs and OIGOffice of the Inspector General.

If, at any point in the review, the Incident Commander and/or the Appeals Coordinator discovers information that leads them to reasonably believe or suspect an employee has committed any serious misconduct, the Incident Commander and/or Appeals Coordinator shall:

• Immediately forward all information to the Institution Head via the chain of command, recommending an internal affairs investigation if appropriate.

• Prepare a Report of Findings-Inmate Interview (CDCRCalifornia Department of Corrections and Rehabilitation 3014) and/or Appeal Inquiry. The report shall contain the allegations made, an explanation of the incident, the written or verbal statements of the witnesses, the health care information, and a conclusion and recommendation.

• Submit the Report of Findings and/or Appeal Inquiry and evidence through the chain of command to the Institution Head. The evidence shall include copies of the medical reports, and any other documentation that is deemed significant to further document the incident/allegation. If the Incident Commander learns that the verbal allegation is part of a reported incident, the incident package shall be included with the Report of Findings. Correspondingly, if the Appeals Coordinator learns that the written allegation is part of a reported incident, the incident package shall be included with the appeal for administrative review.

Each Institution Head shall establish and chair an IERC to evaluate and review every use of force and every allegation of excessive or unnecessary force. Each incident or allegation shall be evaluated at both supervisory and management levels to determine if the force used was reasonable under policy, procedure, and training.

For reported incidents, a good faith effort must be made at all levels of review in order to reach a judgment whether the force used was in compliance with policy, procedure and training and follow-up action if necessary. The following factors must be evaluated:

• The threat perceived by the responsible individual applying the force.

• The need for the application of force.

• The relationship between that need and the amount of force used.

• The extent of the injury suffered.

• What steps were taken to avoid and/or minimize the need for/level of force used.

Should an incident or allegation warrant investigation by the DFIT, the OIAOffice of Internal Affairs, or any other outside investigating agency, or if direct action has been requested for any incident or allegation, the IERC shall suspend all review of that incident until the investigation/direct action is complete. Examples of what may be referred for investigation include but are not limited to:

• Unexplained injuries.

• Impact strikes to lethal target areas (head, eyes, throat, or spine).

• Incomplete/conflicting reports.

• The application of weaponry that exceeds what would normally be expected for the type of force reported.

The IERC shall apply the findings of the Hiring Authority or the DFRB as part of its review.

The Incident Commander shall review the complete incident package documentation to ensure that it is adequately prepared and shall reach a judgment whether the force used was in compliance with policy, procedure, and training.

The Incident Commander shall:

• Review all incident reports for quality, accuracy, and content, including the Report of Finding-Inmate Interview (CDCRCalifornia Department of Corrections and Rehabilitation 3014).

• Clarify incomplete reports with involved staff by completing a Crime Incident Report Review Notice (CDCRCalifornia Department of Corrections and Rehabilitation 837-C-2 to the applicable employee.

• Complete an Incident Commander’s Review/Critique Use of Force Incidents CDCRCalifornia Department of Corrections and Rehabilitation 3010). This report shall contain:

• The description of inmate injuries due to force used.

• An explanationof why force was needed.

• A description of the threat that required force to be used.

• What steps were taken to minimize the need for force.

• Any relevant comments.

In the event the Incident Commander believes an investigation may be necessary, the Incident Commander shall suspend review and recommend that the case be referred for investigation.

The First Level Manager of the area where the incident or allegation occurs shall reach a judgment whether the force used was in compliance with policy, procedure, and training.

The manager shall:

• Review all documentation in the incident package, including the Report of Finding – Inmate Interview (CDCRCalifornia Department of Corrections and Rehabilitation 3014).

• Review the quality of all reports to ensure the use of force was properly documented and reviewed. This includes a review of the Incident Commander’s conclusions.

• Determine if any corrective action taken by his/her subordinates in relation to the incident was adequate/proper.

• Conduct an in depth analysis to determine if the use of force described in the incident package was within the guidelines of the Use of Force policy, as well as other policies, procedures and training. This analysis should address any non-compliance not identified earlier.

• Complete a review of the incident on the Manager’s Review – First Level Use of Force Incidents (CDCRCalifornia Department of Corrections and Rehabilitation 3011).

• In the event the First Level Manager believes an investigation may be necessary, they shall suspend the review and recommend that the case be referred for investigation.

The Second Level Manager is the final level of review prior to the completed incident package being sent to the Use of Force Coordinator for review by the (IERC). The Second Level Manager shall reach a judgment whether the force used was in compliance with policy, procedure, and training.

The Second level manager shall:

• Review all documentation in the incident package, including, the Report of Findings – Inmate Interview (CDCRCalifornia Department of Corrections and Rehabilitation 3014).

• Review the quality of all reports to ensure the use of force was properly documented and reviewed. This includes a review of the Incident Commander’s conclusions and the First Level Manager’s conclusions.

• Determine if any corrective action taken by his/her subordinates in relation to the incident was adequate/proper.

• Conduct an in depth analysis to determine if the use of force described in the incident package was within the guidelines of the Use of Force policy, as well as other policies, procedures and training. This analysis should address any non-compliance not identified earlier.

• Complete a review of the incident on the Manager’s Review – Second Level Use of Force Incidents (CDCRCalifornia Department of Corrections and Rehabilitation 3012).

• In the event the Second Level Manager believes an investigation may be necessary, they shall suspend review and recommend that the case be referred for investigation.

The Use of Force Coordinator shall log and track all use of force incidents and all allegations of excessive or unnecessary force (including those originating from inmate appeals) to ensure thorough and timely review by the IERC. The log should be capable of producing statistical reports to monitor trends and patterns of force used, whether the report is received in the form of an incident report, a verbal allegation of excessive or unnecessary force, or an allegation contained in an inmate appeal. At a minimum, the log should address the following categories:

• Incident Log Number

• Incident Date

• Specific Area of Institution

• Specific Crime

• Controlled or Immediate Use of Force

• Allegations of Unnecessary or Excessive Use of Force

• Significant Injury (SBI, GBI, or Death)

• Injuries caused by Use of Force

• Staff Involved

• Inmate(s) Involved

• Mental Health Status

• Type of Force Option(s) Utilized

• Ethnicity

• Security Threat Group Status.

The Use of Force Coordinator shall schedule use of force incident packages for presentation to the IERC within 30 days from the date of incident. If an investigation or request for direct action has been initiated for a use of force incident, the Use of Force Coordinator will track and maintain the completed incident package until the Hiring Authority has determined a finding upon conclusion of the investigation or request for direct action.

Upon determination of finding for the matter referred for investigation or direct action, the Hiring Authority shall apprise the Use of Force Coordinator of the allegation(s) findings.

The Use of Force Coordinator shall conduct an in-depth analysis of the documentation from each use of force incident, including the conclusions of the Supervisor and Managers. The Use of Force Coordinator shall request any clarification or additional information necessary to complete his/her analysis.

The Use of Force Coordinator shall complete the IERC Use of Force Review & Further Action Recommendation (CDCRCalifornia Department of Corrections and Rehabilitation 3035), and Institutional Executive Review Committee (IERC) Critique and Qualitative Evaluation (CDCRCalifornia Department of Corrections and Rehabilitation 3036), documenting his/her findings regarding whether the force used was in compliance with policy, procedure, and training; as well as identifying any recommended revision to policy, procedure, or training.

If a completed incident package has not been received by the Use of Force Coordinator in time to allow for IERC review within 30 days of the incident, the Use of Force Coordinator shall present the initial incident package to the IERC for an initial review. The initial review of the initial incident package is intended to give the IERC an opportunity to conduct a preliminarily review and document obvious procedural concerns. During the initial review, the CDCRCalifornia Department of Corrections and Rehabilitation 3035 or CDCRCalifornia Department of Corrections and Rehabilitation 3036 do not need to be completed. Once the completed incident package is received, the CDCRCalifornia Department of Corrections and Rehabilitation 3035 and CDCRCalifornia Department of Corrections and Rehabilitation 3036 shall be completed by the Use of Force Coordinator for presentation to the IERC.

In cases involving allegations of excessive or unnecessary force, whether or not the allegation was part of a reported use of force, the Use of Force Coordinator shall prepare an Institutional Executive Review Committee Allegation Review (CDCRCalifornia Department of Corrections and Rehabilitation 3034), for review by the IERC.

The Use of Force Coordinator shall prepare complete copies of the incident packages to be reviewed by the IERC during the scheduled meeting. The OIGOffice of the Inspector General shall be provided reasonable notice and copies of the packages to be reviewed in advance of the meetings.

If the IERC determines additional information or clarification is required, the Use of Force Coordinator will forward a request for this information to the responsible Manager and track the assignment.

The Use of Force Coordinator will maintain a copy of the completed incident package until the information or clarification is received. The Use of Force Coordinator will then complete the analysis and resubmit the case to the IERC.

The Use of Force Coordinator will ensure the IERC findings are documented on the CDCRCalifornia Department of Corrections and Rehabilitation 3035 and CDCRCalifornia Department of Corrections and Rehabilitation 3036 following final IERC review of the completed incident package.

After final review by the IERC, any copies of staff disciplinary documents will be removed from the incident package and routed to the appropriate Manager for placement into the appropriate file.

The IERC Chairperson and the Use of Force Coordinator shall review the status of all pending use of force cases following each IERC meeting to evaluate the readiness for final review of the cases.

By the fifth day of each month, the Use of Force Coordinator shall forward a memorandum to the respective Associate Director listing the date of IERC meetings, incident package log numbers, specific crime, and disposition of all incident packages reviewed during the previous month.

The IERC is a committee of executive staff tasked with reviewing reported use of force incidents and allegations of excessive or unnecessary force. The IERC shall normally be comprised of the following institutional staff:

Institution Head or Chief Deputy Warden, as chairperson and final decision maker, At least one other manager assigned on a rotational basis,

• In-Service Training Manager,

• One health care staff, and

• A Use of Force Coordinator.

A licensed mental health practitioner shall participate in the IERC for all controlled use of force incidents. A licensed mental health practitioner shall also participate in the IERC for any immediate use of force incidents involving an inmate participant in the Mental Health Services Delivery System.

Other designated supervisors and rank and file staff may also attend, as determined by the appointing authority. A representative of the OIGOffice of the Inspector General may also attend and monitor IERC meetings.

The IERC shall meet to review its cases on at least a monthly basis, or on a schedule to ensure all cases are reviewed within 30 days. Unless there are outstanding issues or a corresponding investigation, this review will be both an initial/final review.

The IERC Chairperson shall personally view all video recordings arising from controlled use of force incidents and any portion of video recordings capturing the immediate use of force. This viewing can be accomplished either before or during the IERC.

During the IERC, at a minimum, the committee members shall view the portions of the controlled use of force video from the admonishment through the last use of force. When video recording captures the immediate use of force, at a minimum, the committee members shall view the video from the initial use of force through the last use of force.

Should an incident or allegation warrant a request for direct action or investigation by the DFIT, the OIAOffice of Internal Affairs, or any other outside investigating agency, the IERC shall suspend all review of that incident until the investigation is completed. Upon the Hiring Authority determining a finding for the referred allegation(s), the IERC shall apply the findings as part of its own review.

The IERC shall determine if the use of force was reasonable and in compliance with policy, procedures and training. The IERC shall also examine the critique and conclusions of the managers and supervisors, and ensure the appropriateness of completed documentation.

The IERC shall complete an Allegation Review of all allegations of excessive or unnecessary force.

The IERC may initiate requests for additional information or clarification (clarification requests will be routed to the responsible Manager and tracked by the Use of Force Coordinator). The final review will determine whether the use of force was reasonable.

The IERC may recommend changes to procedure or training. The IERC is also responsible for identifying possible employee misconduct and recommending the initiation of training, corrective action or disciplinary action in such cases. However, only IERC members in supervisory or management roles (including the Use of Force Coordinator) and the OIGOffice of the Inspector General may participate in discussions involving the initiation of corrective or disciplinary action.

The hiring authority may initiate changes to local procedure or training based on the findings or recommendations of the IERC, or forward a recommendation of change to the CDCRCalifornia Department of Corrections and Rehabilitation policy or procedure via the Associate Director. The Institution Head may also initiate corrective or adverse employee action based upon the findings or recommendations of the IERC.

The Department Executive Review Committee is a committee of staff selected by, and including, the Associate Director who oversees the respective Mission-based group. The DERC shall review all incidents involving deadly force, serious bodily injury, great bodily injury, or death. The DERC shall also review those incidents referred to the DERC by the IERC Chairperson or otherwise requested by the DERC.

The DERC shall conduct a review of the incident and document its findings. The DERC shall also review the actions of the IERC and in the event the DERC has questions or concerns with actions taken by the IERC, the DERC shall take appropriate action. The DERC shall conduct all reviews within sixty (60) days of completion by the IERC.

The Director of DAIDivision of Adult Institutions (formerly Institutions Division) may choose to provide final review for any incident reviewed by the DERC.

Every use of deadly force and every death or great bodily injury that could have been caused by a staff use of force shall be investigated by the DFIT and reviewed by the DFRB.

For incidents occurring in an institutional setting, involving the use of deadly force and any use of force resulting in death or GBI, the ISUInstitution Services Unit shall take preliminary charge of the investigation and will remain in charge of the investigation while contacting the DFIT to inform them of the incident.

For incidents occurring in a community setting, local law enforcement and the DFIT shall take preliminary charge of the investigation.

For every discharge of deadly force from a firearm, an ISUInstitution Services Unit Sergeant or above shall be tasked with making the prompt determination of whether the deadly force was a warning shot and whether anyone suffered any injuries as a result of the deadly force. The ISUInstitution Services Unit shall verbally notify the DFIT of its determination as soon as possible and shall confirm its determination, along with the reasons in support of it, in a written memorandum to be forwarded to the DFIT. If the ISUInstitution Services Unit is unavailable to assume this responsibility, an uninvolved Correctional Lieutenant shall do so.

Trained Department investigators assigned to a Deadly Force Investigation Team shall conduct criminal and administrative investigations of every use of deadly force and every death or great bodily injury that could have been caused by a staff use of force. All DFIT criminal investigations will be referred to the local District Attorney for review where MOUMemorandum Of Understanding’s provide for referral.

Based on certain local Memoranda of Understanding, criminal investigations may instead be conducted by an outside police department or sheriff’s office. If an outside law enforcement agency is conducting the criminal investigation, the DFIT investigator will monitor the progress of the criminal investigation while providing appropriate support.

Although defined as deadly force, DFIT need not investigate the discharge of a warning shot inside an institution/facility if an ISUInstitution Services Unit Sergeant or above, or an uninvolved Correctional Lieutenant, confirms that the discharge of deadly force was a warning shot and that no injuries were caused by the shot. All warning shots shall be reported to the Office of Internal Affairs/DFIT and the Office of the Inspector General (OIGOffice of the Inspector General).

The DFRB is the board responsible for conducting a full and complete review of all incidents involving a use of deadly force (except warning shots) and every death or great bodily injury that could have been caused by a staff use of force, regardless of whether the incident occurs in an institutional or community setting.

The DFRB shall be composed of at least four members. Three shall be non-departmental law enforcement professionals. One (1) shall be a Division, Parole Region, or Institutional/facility manager (i.e. Associate Directors, Division of Juvenile Justice Superintendents, Chiefs or designees) from outside the chain of command of the involved employee(s). Additional members may be designated by the Secretary or designee.

The reports and findings generated from the separate investigative bodies (DFIT and local law enforcement if applicable) will be presented to the DFRB. The DFRB shall be convened as soon as possible after the criminal and administrative investigations are completed.

The DFRB shall examine all aspects of the incident to determine the extent to which the use of force complied with departmental policies and procedures, and to determine the need for policy, training, and/or equipment modifications.

The DFRB shall report its findings and recommendations in writing, to the Undersecretary assigned to oversee the DAIDivision of Adult Institutions (formerly Institutions Division).

For purposes of an external review, the Use of Force Coordinator shall identify and retain use of force cases closed by the IERC during the review period. External reviews of closed use of force cases shall be conducted at least every 24 months

The Use of Force JUC is a committee of field staff tasked with reviewing and evaluating recommended revisions to the CDCRCalifornia Department of Corrections and Rehabilitation’s Use of Force Policy and Procedures.

The JUC shall be comprised of the following field staff:

• At least one Institution Head, as chairperson

• At least one staff member from each DAIDivision of Adult Institutions (formerly Institutions Division), mission based region, at the level of Lieutenant or Captain

• At least one Use of Force Coordinator,

• At least three representatives from the CCPOA, as designated by the CCPOA

• At least one Mental Health Regional Administrator

• The Chief of OIGOffice of the Inspector General or designee, and

• Others as needed and assigned by the Deputy Director, DAIDivision of Adult Institutions (formerly Institutions Division),

The JUC shall meet quarterly as necessary, but not less than annually, to review recommended revisions.

Any recommendations for revisions to this Article shall be referred to the Use of Force Joint Use Committee. After review and consideration, the Use of Force JUC shall refer revisions to the Director, DAIDivision of Adult Institutions (formerly Institutions Division), for approval, via the Deputy Director.

Only the Director of DAIDivision of Adult Institutions (formerly Institutions Division), or the Director’s designee, may issue clarification memoranda to this Article.

The Director, DAIDivision of Adult Institutions (formerly Institutions Division), or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.

Incidents, events and activities that occur within the jurisdiction of institutions of immediate interest to the Department, other governmental agencies or the news media, shall be reported to the Director or the departmental Officer-of-the-Day, or the Deputy Director, DAPODivision of Adult Parole Operations (formerly P&CSD) as described in this section.

This procedure defines staff responsibility and provides procedures and criteria for reporting incidents occurring within the Department.

Examples of incidents which shall be reported:

• All felonies committed by inmates, parolees, employees or the public on institution property, during transportation or under the jurisdiction of parole regions.

• General or partial lockdowns.

• Riots, inmate strikes or general demonstrations.

• Major power failures.

• Serious accidents or injuries.

• Deaths.

• Significant damage or destruction of state property.

• Escapes or attempted escapes, (refer to DOMDepartment Operations Manual 55040, Escape Pursuit).

• Any state of emergency as described in CCRCalifornia Code of Regulations 3383.

• Any use or discharge of weapons, chemical agents or tasers.

• Threats against the President or Vice President of the United States, or threats against state officials.

• Safety grievances (employees).

• Employee job actions.

• Sexual Violence Allegations.

• Attempted Suicide (as determined by a mental health evaluation).

All reportable incidents shall be conveyed by telecopier on a CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series, Administrative Officer-of-the-Day (AODAdministrative Officer of the Day) Incident Report, to the Director, by the 24-hour-a-day Identification and Warrants (IDInstitutions Division (see DAI)) Unit.

The current public and ATSS telephone numbers of the IDInstitutions Division (see DAI) Unit shall be included in the telecopier and AODAdministrative Officer of the Day instruction booklets or memos.

The Administrative Officer-of-the-Day Incident Report, CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series, is the Department’s initial written report to Central Office that an incident of departmental interest has occurred. It is essential that all information available at the time of the incident be entered into this report. Any subsequent updating of information relating to the incident should be forwarded to Central Office using the AODAdministrative Officer of the Day 837 Log Number of that particular incident.

Initial Report Content

• Initial reports by telecopier shall include all pertinent available information. New information significant to the incident shall be telecopied as received.

Press Releases

• The Assistant Director, Communications, shall be notified by telephone of press releases or serious incidents. A written copy of the press release shall be telecopied to Communications following the verbal notification.

The transportation sergeant or senior officer in charge of the bus shall be responsible for reporting incidents which occur during departmental transportation. The Captain, Transportation Unit, shall be responsible for the processing and distribution of incident reports prepared by staff of the transportation unit. Copies of the incident report shall be forwarded to institutions receiving inmates involved in transportation incidents.

A written incident report shall be prepared and submitted to the Director within 72 hours of all reportable incidents. The Warden or RPARegional Parole Administrator will review and sign this report.

Initial incident reports to the Director shall be updated by supplemental incident reports until the incident is closed. The supplemental reports shall include all subsequent facts, information, and administrative actions taken relative to the incident.

Facilities and parole regions shall establish and maintain an official log on all reportable incidents. All initial incident reports shall be assigned a log number. Incident report log numbers shall be obtained from the original CDCRCalifornia Department of Corrections and Rehabilitation Form 837 series, AODAdministrative Officer of the Day Report, pertaining to the incident. All supplemental reports pertaining to a single incident shall contain the log number assigned to the initial report and shall be filed sequentially with the original report.

The facility watch commander or program lieutenant in charge of the specific area where the incident occurred shall be responsible for the preparation of the incident report. Departmental incident reports shall be prepared in accordance with the following outline and format:

• Subject.

• Synopsis.

• Persons involved.

• Summary.

• Action taken.

The outlined sections shall contain the following information when applicable:

• Subject. This section shall provide a brief one-or-two sentence description of the incident.

• Synopsis. This section shall contain a brief, concise description of the incident and involvement of the principal person(s). It shall also contain a description of the injuries, a prognosis for each injured person, the location of the incident, and the extent of property damage if any.

• Persons Involved.

  • The following information shall be included on principal inmates involved:

    • Name(s) and prison number(s).

    • Custody classification and classification score.

    • Date received by the Department.

    • Date received by the facility.

    • Commitment offense and county of commitment.

    • Parole/discharge date/Board of Prison Term status.

    • List name(s) and job classification(s) of principal staff involved.

  • Summary. This section shall contain a detailed report of the entire incident including, when applicable, the following information:

    • Type of incident, date, and approximate time of occurrence.

    • Location of incident.

    • All facts, details, and conclusions.

    • Any criminal acts committed and by whom.

    • Any property damage incurred and value estimate of loss.

    • Number and description of weapon(s) used by perpetrator(s) or recovered following the incident.

    • Types of weapons used by staff, i.e., firearms, chemical agents, tasers, or other lethal/nonlethal weapons. Number of shots fired and/or amount of chemical agents expended shall be included in this section. (See DOMDepartment Operations Manual 32010, 54060, and 55050 for additional information on the taser.)

    • Compliance with procedures requiring review of medical/ psychiatric records before taser is used and their findings.

    • Detailed and specific description of any physical force used by staff during the incident.

    • Types and amounts of controlled substances seized. Controlled substances shall be reported in grams or dosages.

    • Describe circumstances surrounding any staff, inmate, or visitor death and details of care provided. Any last messages wished transmitted by the deceased shall be quoted.

    • Describe any injuries to staff/inmates/visitors, medical aid provided, and prognosis. An (F) or (M) shall be placed after the names of injured staff members to designate whether male or female.

  • Action Taken:

    • Describe any disciplinary or classification committee actions taken and outcome if known.

    • State if case was/was not referred for criminal prosecution. If referred, describe status or outcome if known.

    • State whether or not information officer and/or news media was notified.

    • State if case was referred to the BPT and actions taken if known.

    • State if Chief of Labor Relations was notified in cases of employee injury or death.

    • Describe actions to notify next of kin in cases of serious injury or death.

    • Describe measures taken to prevent recurrence.

The following attachments shall be included in incident reports when applicable:

• Arresting and/or witnessing officer reports.

• Reports of principal employees involved.

• Medical and/or death reports on injuries or deaths.

• Photographs shall not be attached to incident reports sent to the Director unless requested.

Incident reports shall be duplicated by the photocopy method only and distributed as follows:

• Two copies to the Director. (Three copies if death of staff or inmate by assault.)

• One copy to each institution if deemed serious or unusual, or if considered to contain information of particular training value. (Individual institutions may also request routine distribution.)

• CYASee Division of Juvenile Justice (DJJ) Wards

  • One copy to the Chief Deputy Director, CYASee Division of Juvenile Justice (DJJ), for each CYASee Division of Juvenile Justice (DJJ) ward involved.

  • One copy upon request to the Region Chief of the Department of Forestry and Fire Protection of conservation camp incidents involving forestry employees.

Incident reports which contain confidential information shall be written, controlled, and distributed in accordance with CCRCalifornia Code of Regulations 3321, and applicable information practices procedures.

The Deputy Director, Division of Adult Institutions or designee shall ensure that the content of this article is accurate and current.

PCPenal Code § 76. 18 USC 871.

CCRCalifornia Code of Regulations §§ 3382, 3276 – 3279.

ACAAmerican Correctional Association Standards 2-4206 – 2-4208, and 2-4210.

Each Warden and Health Care Manager shall ensure that post orders are completed for all posted positions, to include special assignment positions (i.e., contraband watch, hospital guarding, etc.).

Post orders shall be complete and concise. Only general functions and specific duty directives shall be referenced in post orders. Department policy directives should be referenced in post orders but not be reiterated in their entirety. Those matters that are not specific to post duties should be communicated to staff through: ISTIn-Service Training, OJTOn-the-Job Training, or other communication methods.

The Captain or area Manager (i.e., Health Care Manager, Food Manager, etc.) is responsible for the initiation, revision, distribution, and maintenance of post orders.

Each Captain and Health Care Manager shall establish a schedule so that all post orders receive an annual review and update to incorporate changes in rules, regulations, policy, institution operations, and the DOMDepartment Operations Manual. Whenever a post order is reviewed or updated, the date of the review shall be included on the post order.

• The Captain or area Manager shall assign a second line supervisor to be responsible for the review, revision, and/or preparation of designated post orders.

Post orders shall be accurate, complete, and concise.

• Post order drafts shall be submitted to the immediate supervisor for review then forwarded to the second line supervisor who, after approval of the draft, shall have the post order prepared in final form. The Health Care Manager shall submit the post order drafts to the first line supervisor who, after approval of the draft, shall have the health care staff post order prepared in final form. The respective Associate Warden, Chief Deputy Warden, or Health Care Manager shall review and approve all finalized post orders.

Post orders shall not exceed 4 pages in length and shall be prepared utilizing the following format:

• Revision Date:

• Division/Institution:

• Post Description:

• Post Order Number:

• Watch:

• Hours of Work:

• Regular Days Off:

• Direct Supervisor:

• Indirect Supervisor:

• Area of Responsibility:

• General Duties and Responsibilities:

• Special Instructions:

• Operational Time Schedule:

• Signature Blocks.

Post orders shall contain the following language: “All peace officers have the responsibility to take appropriate action during an emergency (including physical restraint) and to work assignments as necessitated.”

The Captain or area Manager shall ensure that a current copy of the Post Order is prepared for every post and a copy shall be physically located at each job site.

Supervisors, by authority of the Captain or area Manager, shall ensure that employees read and understand their post orders upon assuming their post.

Employees under post orders are required to sign and date the CDC Form 1860, Post Order Acknowledgment Form, verifying their understanding of the duties and responsibilities of the post. This shall be completed when the employee is assigned to the post, when the post order has been revised, or upon returning from an extended absence.

At a minimum of once each month, supervisors shall inspect the post orders and sign the CDC Form 1860. Any torn or missing pages noted shall be replaced as soon as practical.

A CDC Form 1860 shall be attached to each post order and shall be utilized to verify that the assigned staff member has read and understood the post orders for their post.

• When all the signature blocks on the CDC Form 1860 are filled, it shall be removed and maintained in a file in the Captain’s office or Health Care Manager’s office (for health care staff). The CDC Form 1860 shall be maintained for a period of one year from the date of last entry unless deemed evidentiary (then retained until no longer needed).

The Captain’s office or Health Care Manager’s office (for health care services post orders) shall retain all current/updated institution post orders on computer diskette, as well as hard copies. All post orders shall be archived for a period of one year, unless deemed evidentiary (then retained until no longer needed).

The Deputy Director, Institutions Division, or designee shall ensure that the contents of this article are kept current and accurate.

ACAAmerican Correctional Association Standards 2-4200 and 2-4201.

All Wardens shall maintain a current, approved Post Assignment Schedule (PAS), which shall be reconciled each year and as designated by the Program Support Unit (PSUPsychiatric Services Unit). The PAS shall reconcile to total authorized positions as identified by the State Controller’s Office.  Allocation and deployment of authorized positions shall be determined by the PSUPsychiatric Services Unit and by the Budget Management Branch (BMBBudget Management Branch). 

The PAS is a report that identifies how the approved Governor’s budget is converted to the authorized staffing of an institution utilizing the standardized staffing methodology. The Master Assignment Roster (MARMaster Assignment Roster) is a report utilized to identify all operational posts at an institution on a daily basis, by watch. 

Separate post assignment schedules shall be maintained for each of the following staff: 

• Custody.

• Food service.

A PAS for custody staff shall include all operational posts in the custodial series within an institution, facility, work area, office, and other location(s) required to report operational posts on a PAS. The PAS shall reflect all operational posts in the following classifications: Correctional Administrator, Captain – Adult Institution, Correctional Lieutenant, Correctional Sergeant, Correctional Officer, Correctional Counselor III, Correctional Counselor II – Supervisor, Correctional Counselor II – Specialist, Correctional  
Counselor I, and any other classifications as required. 

A PAS for Food Services staff shall include all operational posts in the Food Services series within an institution, facility, work area, office, and other location(s) required to report operational posts on a PAS. The PAS shall reflect all operational posts in the following classifications: Correctional Food Manager, Assistant Correctional Food Manager, Supervising Correctional Cook, Correctional Supervising Cook, and any other classifications as required.  

Personnel Year
A Personnel Year (PYPersonnel Year) is the number of days on which an employee is expected to physically work over the course of one calendar year. The number of days in a PYPersonnel Year varies based on the authorized relief of a specific post. 

Position
A position is a budgetary concept that equates to an annual salary plus benefits paid to an individual for the performance of a given kind of work (i.e., classification such as Office Assistant [OAOffice Assistant]; OAOffice Assistant II; or Officer). A position equates to the authorized pay number as established by the State Controller’s Office (SCOState Controller’s Office).

Post
A post is a specific work assignment to be performed by one individual at a time on a specific shift or watch and for a specified number of days per year. The definition also identifies or assigns a post to a specific watch.

• For example, a tower that is manned 24 hours per day, 365 days a year, is not considered one post. Since it involves all three watches, it is three separate posts.

Watch
A watch is a scheduled period of work for an employee. CDCRCalifornia Department of Corrections and Rehabilitation utilizes three watches per calendar day: First Watch (1W), Second Watch (2W), and Third Watch (3W), which are determined at the start time of the post, in accordance with applicable policy, bargaining unit contract, or other controlling document(s).

The Post Assignment Schedule/Master Assignment Roster (PAS-MARMaster Assignment Roster) User Guide is a source document maintained by the PSUPsychiatric Services Unit that provides the most current methodology and information regarding post assignments. As changes occur, an updated PAS-MARMaster Assignment Roster User Guide shall be distributed to lieutenants and sergeants assigned to the Assignment Time Management (ATM) office of each institution, to provide an easily accessible reference for the end user in maintaining accurate and standardized post information. The  PAS-MARMaster Assignment Roster User Guide includes instructions for maintaining an accurate PAS and MARMaster Assignment Roster, along with current methodology related to post numbers, post naming conventions, relief factors, and the PAS-MARMaster Assignment Roster reconciliation process. 

When a revision to the PAS is warranted, a Staffing Adjustment Notice shall be distributed by PSUPsychiatric Services Unit identifying the changes.

If the revision includes budgeted post activation(s) or deactivation(s), a Form STDStandard Form (DGS). 607 shall be prepared and submitted by the institutions.

The Deputy Director, Facility Support, or designee, shall ensure that the content of this section is accurate. 

PCPenal Code § 5054.

Revised:  October 24, 2022

Each Warden shall maintain a chronological log of unusual or significant occurrences regarding inmates and staff or other events about which facility management should be informed.

The purpose of this procedure is to establish guidelines for a comprehensive compilation of occurrences within the facility for review by administrative staff.

The logging of all pertinent information shall be delegated to Watch Commanders on each shift.

Activities and events that are not otherwise recorded and readily available for review by administration and other staff, shall be recorded on the Daily Activity Report (DAR).

All staff working a particular shift or watch shall report through the chain of command all significant information pertaining to their assignment. This information shall be assembled on one report by watch, first watch through second and third watches.

Each facility/parole region shall develop a daily activities report form that will supply the information relative to their needs.

• Routine information that is readily available through log, records, etc., that can be obtained swiftly need not be included.

• Any information of unusual or significant events/actions shall be included.

The following items are examples of content only:

• Delays in count.

• Population changes.

• Accidents (any type).

• Any felony or serious misdemeanor occurrence.

• Delays in serving meals.

• Injuries to staff, visitors, or inmates.

• Sick leave usage (numbers of staff).

• Overtime usage.

• Inspection report.

The Watch Commander shall prepare the DAR and adequate copies for distribution. The original report shall be retained in the Watch Office as a permanent log. A copy shall be forwarded to the Captain or the Associate Warden-Custody, and a copy shall be delivered to the Warden and Chief Deputy Warden. Other copies may be provided to staff based on the need of the facility.

The Captain or Associate Warden shall take whatever followup action is indicated in reference to items reported and shall report such actions to the Warden by 9:00 a.m. on the first day following the recording except on weekends and holidays.

The Watch Commander shall report significant occurrences to the Warden at any time through the normal chain of command or through the Administrative Officer-of-the-Day.

The Deputy Director, Institutions Division, or designee shall be responsible for ensuring that the contents of this article are kept current and accurate.

PCPenal Code §§ 5054 and 5058.

The Department shall treat the death, serious injury, or serious illness of an inmate or parolee with dignity and respect as is regularly accorded persons who are not incarcerated or on parole. The procedures to be followed after death, serious injury, or illness shall comply with the requirements of all applicable laws.

The purpose of this Section is to outline the duties of all staff involved when a death, serious injury, or illness of an inmate/parolee occurs. For purposes of this Section, parolee is defined as: a parolee currently incarcerated in a CDCRCalifornia Department of Corrections and Rehabilitation facility pending a revocation action by the Board of Parole Hearings, or in a CDCRCalifornia Department of Corrections and Rehabilitation facility based substance abuse treatment program.

An employee discovering a possible inmate/parolee death shall immediately summon medical assistance. Pending arrival of medical assistance, the employee shall make every effort to preserve life.

This may include first-aid, Cardio Pulmonary Resuscitation (CPR), and other life-saving measures for which the employee is trained. Life support measures shall be continued until the medical personnel arrive.

Medical personnel will continue life saving efforts unless one or more of the following signs of death are present. If one or more sign is present, the physician will determine if patient is deceased.

• Rigor mortis/dependent lividity.

• Tissue decomposition.

• Decapitation.

• Incineration.

Once started, CPR shall continue until:

• Resuscitation efforts are transferred to a rescuer of equal or higher level of training.

• The patient is determined to be deceased by an MD.

• Effective spontaneous circulation and ventilation have been restored.

• Emergency responders are unable to continue because of exhaustion or safety and security of the rescuer or others is jeopardized.

• A written valid Do Not Resuscitate order is presented.

If a medical officer is not present when the inmate dies, the medical personnel will, in addition to the above:

• Notify the Chief Medical Executive (CME), staff medical officer, or the Medical Officer-of-the-Day (MODMedical Officer of the Day) as appropriate.

• Notify the supervising nurse on duty, or on call.

• Notify the senior custody officer on duty.

A physician shall examine the patient at the earliest possible moment to determine if the patient has expired.

Only a doctor of medicine shall pronounce a person dead.

The Warden/RPARegional Parole Administrator or their designees shall:

• Effect all medical and legal requirements as soon as practicable.

• Ensure that all necessary requirements for care and maintenance of remains and artificial appliances following death are accomplished in accordance with instructions dictated by the appropriate coroner’s office and this manual.

The CME or MODMedical Officer of the Day on duty shall:

• Notify the watch commander or senior custody officer in the area of occurrence that the patient/victim has expired stating the time of death.

• Notify the coroner of the death and request their inquiry or release of the body.

• Upon obtaining the coroner’s permission, cause the body to be covered and removed to the morgue or a private room in the treatment facility.

• Notify the Warden or Administrative Officer-of-the-Day (AODAdministrative Officer of the Day), giving all significant points of administrative and medical/legal interest.

• Prepare a written summary of circumstances surrounding the death on CDCRCalifornia Department of Corrections and Rehabilitation Form 7229-A, Initial Inmate Death Report, or CDCRCalifornia Department of Corrections and Rehabilitation Form 7229-B, Initial Inmate Suicide Report, providing tactful wording of information that can be used in notifying the contact listed. Any last messages the deceased wished to be transmitted must be quoted.

• An original and five copies shall be prepared and routed to the Warden.

• Notify all required agencies of any communicable diseases discovered during examination.

• In the event the deceased inmate had a diagnosed communicable disease, the contract funeral director charged with the removal of the body from the facility shall be notified of such disease prior to the release of the body.

• Close out all medical records and transmit them to the records office for inclusion in the decedent’s C-File.

The CME or physician examining the body and pronouncing death will specifically determine whether he/she can sign the death certificate or must refer it to the coroner. H&SCHealth and Safety Code 10259 states the coroner will be notified and will sign the death certificate if death occurs:

• Without medical attendance.

• During the continued absence of the attending physician (vacation, etc.).

• Where the attending physician is unable to state the cause of death.

• Where suicide is suspected.

• Following an injury or accident.

• Under circumstances as to afford a reasonable suspicion that the death was caused by the criminal act of another.

The physician shall complete and sign their section of the death certificate within 15 hours of the death. An original and five copies will be prepared. The original will be forwarded to the undertaker for completion and the copies will be routed to the Warden. Pursuant to H&SCHealth and Safety Code 10204, the coroner shall complete the certification of death within three days after examination of the body.

Upon notification of a possible death, the senior custody staff or watch commander shall assure the following steps are accomplished:

• Make or cause to be made the decision for the need to secure the death/incident scene. Any evidence and areas surrounding the death/incident scene shall not be disturbed until an investigating officer is assigned and on the scene.

• Initiate investigation or other custody measures as indicated.

• Order all pertinent materials gathered, i.e., personal property, visiting information, mail card, etc.

The senior custody staff member shall arrange for identification of the deceased as soon as practical.

• Fingerprints

  • Arrange for the taking of a full set of the deceased’s fingerprints on the approved Fingerprint Card, signed by the employee taking the prints.

  • Required for legal identification of deceased.

  • If fingerprinting is impossible, positive identification must be made by other means (photograph, scars, etc.).

• Other

  • Identification by means other than fingerprinting requires a notarized affidavit.

  • Fingerprint cards or affidavit shall be forwarded to the C&PRClassification & Parole Representative.

• Exception to Fingerprinting

  • In circumstances involving suspected homicide, fingerprints shall not be taken. Each hand shall be wrapped in a paper container by the medical representative or the institutional investigator.

  • Fingerprinting shall be completed by the coroner/designee.

    • Notify the chaplain of the death giving the inmate’s religion if known.

    • Notify the Warden or AODAdministrative Officer of the Day and the CME or MODMedical Officer of the Day.

The highest ranking custodial officer or designee shall prepare and deliver within four hours of death a brief notice providing the decedent’s name, number, time and place of death, and other pertinent facts to:

• The Warden/RPARegional Parole Administrator.

• Chief Deputy Warden.

• CME.

• Associate Warden, Business Services.

• PIOPublic Information Officer/AA.

• Correctional Case Records Manager (CCRMCorrectional Case Records Manager).

• Correctional Captain.

• Parole agent or reentry facility administrator.

• Chaplain of the deceased’s faith.

Two-Hour Notification

• Any death of an incarcerated person in any facility of the department, including contract facilities, shall be reported within two hours of the death to the county sheriff and the coroner, or their designee of the county in which the facility is located, and if the facility is located within the city limits of an incorporated city, the chief of police in that city, or their designated representative.

Additional Notifications

• The death shall also be initially reported to the District Attorney or designee of the county in which the facility is located, to the Director, Division of Adult Institutions (DAIDivision of Adult Institutions (formerly Institutions Division)), and to the Director, Health Care Services, within 24 hours of the death.

Initial Report of Death

• The initial report of the death may be transmitted by telephone, direct contact, or written notification, and shall outline all pertinent facts known at the time the report is made and all persons to contact, in addition to any other information the reporting person or officer deems pertinent.

  • The Warden, Chief Deputy Administrator, or designee shall notify law enforcement personnel.

  • The facility Chief Medical Executive (CME) shall notify the coroner.

Written Report, Within Eight Hours of Death

• Within eight hours of the death of an incarcerated person in any facility of the department, including contract facilities, a written report Initial Inmate Death Report (CDCRCalifornia Department of Corrections and Rehabilitation Form 7229-A) or Initial Inmate Suicide Report (7229-B) shall be submitted by the Warden or Chief Deputy Administrator to those entities noted above. This written report shall include all circumstances and details of the death known at the time of report preparation, and shall include the names of all involved persons, and all persons with knowledge of the circumstances surrounding the death. A copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 7229-A or 7229-B shall be retained in the office of the CME and the investigative office until conclusion of any investigation; one copy shall be placed in the deceased incarcerated person’s C-File. In community based correctional facilities, the Chief Deputy Administrator shall retain one copy of the report until conclusion of any investigation.

Attorney General Notification

• The following reports and records shall be delivered to the Attorney General’s Office, Bureau of Criminal Statistics, Statistical Data Center within ten calendar days after the death:

  • Complete incident report or report of death as applicable.

  • Completed copy of death certificate.

  • Fingerprint card (two sets).

  • Coroner’s report (if applicable).

• If any of the information changes in (A) through (D) above or new information becomes available regarding the death, the updates shall be provided to the Attorney General within ten calendar days of the date of the change or the date the new information becomes available.

Receiving and Release (R&RReceiving and Release) staff in Reception Centers shall ensure that primary and alternate emergency contact information is entered in the Strategic Offender Management System (SOMSStrategic Offender Management)/Electronic Records Management System (ERMSElectronic Records Management System) application for each incoming inmate (new admissions and parole violators). The inmate is interviewed by R&RReceiving and Release staff upon his/her arrival from the county and the information is entered into SOMSStrategic Offender Management. The form is printed and signed by the inmate and then scanned into ERMSElectronic Records Management System. If the inmate refuses either to list a next of kin or to sign the form, staff shall indicate the refusal, date and sign the form. Facility classification staff at all CDCRCalifornia Department of Corrections and Rehabilitation facilities shall ensure the Notification in Case of Inmate Death, Serious Injury, or Serious Illness is updated:

• Annually as part of the classification review process.

• Upon recommendation of transfer by a classification committee.

• Whenever an inmate advises his or her correctional counselor of a desire to change the information contained in the SOMSStrategic Offender Management/ERMSElectronic Records Management System application.

In the event of a death, serious injury, or serious illness, the Warden or designee at the level of Correctional Lieutenant or Correctional Counselor II or above shall use all reasonable means to contact the person(s) identified on the Notification form. The senior custodial officer shall review the inmate’s C-File and Emergency Contact information contained in SOMSStrategic Offender Management/ERMSElectronic Records Management System and notify the contact listed as soon as possible.

• Telephone notification of contact listed should be used whenever possible. Custody staff shall not attempt to provide medical information regarding the inmate’s health or cause of death, but shall refer the contact listed to the facility CME or physician designee or to the County Coroner’s office. The staff member making contact shall verify the mailing address of the contact listed.

• In all cases of death, a tactfully worded letter, over the name of the Warden, shall be sent to the contact listed. Written notification shall be done by return-receipt mail.

The following format may be used in the event of a death:

• (Name of contact listed) “I regret to inform you of the death of your (relationship), name, and date. Remains have been released to (name of contracting mortuary, address and phone number of mortuary). They are awaiting further instructions for the final disposition of your (relationship) without expense to the State. If not claimed within 48 hours, disposition must be made as provided by law. Please notify (contract mortuary) whether you will claim the body. You may contact the County Coroner’s Office at (Area Code) XXX-XXXX if you have questions regarding the cause of death of your (relationship). We extend our sympathy in your loss.” If notification cannot be immediately made in the aforementioned manner, the Warden or designee at the level of Correctional Lieutenant or Correctional Counselor II or above shall use all reasonable means to make contact with family members including but not limited to:

  • Assigning Investigative Services Unit (ISUInstitution Services Unit) staff to utilize telephone signup sheets, Inmate Monitoring and Recording Systems, searching the inmate’s personal property (while preserving crime scene evidence), reviewing the inmate’s visiting file, contacting the previous Parole Agent (if any), contacting the local Coroner’s office, contacting the arresting agency, reviewing social media, and/or contacting the Office of Correctional Safety (OCSOffice of Correctional Safety), etc., to locate contact information.

  • Contact the appropriate consulate office if the inmate is a foreign national.

  • All efforts made to locate and notify the next of kin shall be documented on a CDCRCalifornia Department of Corrections and Rehabilitation 837-C, Crime/Incident Report Part C–Staff Report or General Chrono, CDC 128-B.

• If notification with the contact listed cannot be made within 72 hours, the Warden shall notify their respective Associate Director (AD) that all reasonable means for obtaining contact information have been exhausted. The AD shall make contact with the OCSOffice of Correctional Safety for any additional assistance in locating the next of kin.

The highest ranking custodial officer or their designee shall determine if the coroner has placed a hold on the body. If not, the custodial officer shall request the contract mortuary to pick up the body. The custodial officer shall obtain a body receipt form from the undertaker at the time the remains leave the facility. This form shall be completed in quintuplicate and distributed as follows:

• Original to the watch commander.

• One copy to control or the facility head.

• Two copies to the mortician (who leaves one copy at the gate).

• One copy to the CCRMCorrectional Case Records Manager.

The CCRMCorrectional Case Records Manager shall prepare a report supplying the information necessary to complete items 1A through 21D of the Certificate of Death, to the health services treatment facility (medical department).

The CCRMCorrectional Case Records Manager shall notify the persons or agencies who have requested such notification pursuant to PCPenal Code 11155(b).

Pursuant to Article 37 of the Vienna Convention, written notification within 72 hours of the official notice of death shall be made to the appropriate consulate post in the event of the death of a foreign, national inmate. The notification shall include the inmate’s name, CDC identification number, date and time of death, and the attending physician’s name. Consulate offices are located in major cities throughout California; and addresses and telephone numbers can be found in the local telephone directory under the name of the country of origin.

Any detainers pertaining to the deceased shall be returned to the issuing agency with a notice of the inmate’s death.

Upon receiving instructions and information from their supervisor concerning the death of an inmate, the Correctional Counselor shall carefully examine all available records, mail, visiting records, and personal property and prepare a report to the Warden or their designee consisting of:

• A list of names, relationship, and addresses of relatives, friends, organizations, or individuals who might be interested in the final disposition of the deceased without cost to the State.

• Answers to the below listed questions.

• Is the decedent a member of a fraternal order or lodge having burial insurance or death benefits?

• Is the decedent entitled to veteran’s or social security benefits?

• Is the decedent receiving a pension?

• Does the decedent have insurance payable at death?

Does the decedent have resources or income not held in trust at the institution? If the deceased inmate was an undocumented alien, notify the local office of Immigration and Customs Enforcement and the appropriate consulate post as referenced in DOMDepartment Operations Manual 51070.12.2. Notify victim(s) if there is a written request by the victim(s) in the inmate’s C-File that the victim(s) be notified of any change of the inmate’s status per PCPenal Code 3058.6, 3058.8, and 3058.9.

Upon notification of a death, the chaplain of the faith professed by the inmate will perform such duties as required:

• Attend to any special religious requirements.

• Consultation with family members as required or requested.

The property officer shall:

• Receive, inventory, and store all personal property of the deceased.

• Prepare a complete inventory report, sign and submit five copies to the watch commander to be distributed as follows:

• Warden/RPARegional Parole Administrator.

• Chief Deputy Warden.

• Associate Warden, Business Services.

• Accounting officer.

• Correctional Captain.

• Secure all personal property as evidence if directed by watch commander or investigative unit.

• Make personal property available to employees authorized to examine it.

• All personal property of the deceased at the scene of the death may be released to the coroner upon request for the purpose of assisting their investigation.

Upon completion of all investigations and release of property as evidence, all personal property of the deceased will be released to the Associate Warden, Business Services, for disposition.

The Associate Warden, Business Services, has a variety of duties pertaining to the death of an inmate that include, but are not limited to:

• Assure that the institution has a valid service agreement with local mortuaries to provide for such services as embalming, cremation, caskets, transportation, burial, and other related services in connection with the disposition of the deceased inmate.

• Assure that a process has been established for disposition of personal property, funds, and any other resources held in trust for the deceased.

• Provide burial clothing and make special arrangement for the use of State materials or services when necessary.

Deceased’s Funds

• When an institution holds U.S.United States Savings Bonds or other securities belonging to a deceased inmate and the institution is entitled to recover costs incurred in connection with the death of an inmate (PCPenal Code 5061), bonds or securities not exceeding the actual expenses and charges should be liquidated through the office of the public administrator of the county. Excess monies over actual expenses shall be credited to the deceased inmate’s trust account.

After all reasonable efforts have been exhausted to locate a claimant for the deceased and there is no one to direct disposition, the remains shall be considered an unclaimed dead body. If the body is not claimed for burial, at least ten days after all reasonable efforts have been exhausted to contact the individual(s) listed on the Notification in Case of Inmate Death, Serious Injury, or Serious Illness, it shall be cremated or buried by a licensed mortuary/undertaker in accordance with a previously approved service contract. In the absence of any known relative, or if not claimed by relatives, the Warden may use his/her judgment in offering the body to friends of the deceased or interested private agencies for interment at private expense or with the deceased inmate’s own funds. The coroner or Department may dispose of the unclaimed body pursuant to applicable laws.

The death of an inmate may occur in places other than an institution. This may include, but is not limited to:

• Reentry facilities.

• While under Parole supervision.

• Camps.

• In-transit between CDCRCalifornia Department of Corrections and Rehabilitation facilities.

• Off reservation work crews.

• Community hospital.

Upon the death of a parolee, the Parole Agent of record shall:

• Obtain a certified copy of the death certificate from the coroner or county clerk.

• Prepare a closing summary, CDCRCalifornia Department of Corrections and Rehabilitation Form 1502, Activity Report.

• Forward the closing summary and the death certificate to the regional records officer and the Division of Correctional Health Care Services.

In the event the death occurred in another state and the death certificate is not available, the Parole Agent shall obtain:

• A letter from a Parole Agent or law enforcement officer from the other jurisdiction verifying that the death certificate or autopsy report has been reviewed. This will serve as verification of death.

In the event of the death of an inmate at a reentry facility the administrator will follow the guidelines set forth in DOMDepartment Operations Manual 83080.7.

If a death occurs in a camp, while fighting fires, or while in transit between institutions, the Department’s officer in charge will take the following actions:

• Proper custodial support will be summoned as appropriate to the situation.

• The nearest available doctor will be called to pronounce death.

• The local coroner must be notified and their instructions followed.

• The Warden of the parent institution shall be notified by telephone or email and further instructions requested.

• Pending receipt of instructions, the body shall be turned over to a licensed mortuary/undertaker in the community where the death occurred.

• Notification of appropriate authorities as outlined in DOMDepartment Operations Manual 51070.9 shall be directed by the Warden or designee.

• A complete final report containing circumstances, investigations, arrangements, etc., will be submitted to the Warden of the parent institution without delay.

References

• CCRCalifornia Code of Regulations, § 3357. PCPenal Code §§ 3058.8, 5021, 5022 5061 and 11155(b). H&SCHealth and Safety Code §§ 7200, 10203, and 10250. GCGovernment Code §§ 12525 and 27491.

History

• Revised September 8, 2008.

• Revised September 6, 2013.

• Section 51070.9 revised March 25, 2025.

Inmates under the custody of the Department shall not be granted any rights or privileges that are not required by the United States Constitution or by the laws of California. A person sentenced to imprisonment in a state prison may, during that period of confinement, be deprived of such rights, and only such rights, as are reasonably related to legitimate penological interests.

The policy, procedural, and operational instructions of the Department and its institutions shall be promulgated to meet the requirements of Penal Code (PCPenal Code) 2600 and 2601.

Health care treatments, including medications and tests, shall not be forced over the objections of a mentally competent inmate, except when permitted by law to prevent infectious diseases or unless the procedures set forth in DOMDepartment Operations Manual 91090 (Involuntary Psychotropic Medications) are followed. When an inmate is unable to make an informed decision due to a medical emergency, all immediately necessary actions shall be taken. An emergency exists when there is a sudden marked change in the prisoner’s condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the patient or others and it is impracticable to first obtain consent.

If medical care requiring informed consent is believed necessary and the inmate cannot make health care decisions in non-emergency situations, the determination on care and treatment will be based on the inmate’s health care directive; a surrogate decision maker, including the patient’s conservator, guardian, or responsible relative; or through the procedures set forth in Probate Code 3200 et seq. (Authorization of Medical Treatment for an Adult Without a Conservator).

Inmates are disqualified from voting while serving a prison term for the conviction of a felony. Upon completion of the prison term, their right to vote is restored.

PCPenal Code 2601 specifies that inmates shall have the following civil rights:

• Inmate Real or Personal Property

  • To inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by such person during the period of imprisonment. However, to the extent authorized in PCPenal Code 2600, CDCRCalifornia Department of Corrections and Rehabilitation may restrict or prohibit sales or conveyances that are made for business purposes.

• Confidential Correspondence

  • To correspond, confidentially, with any member of the State Bar of California or holder of public office, provided that the prison authorities may open and inspect incoming mail, in the presence of the addressee, to search for contraband. Confidential correspondence shall be processed in accordance with CCRCalifornia Code of Regulations 3141 through 3145.

• Inmate Mail

  • To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the USPSUnited States Postal Service. Disapproved mail shall be handled in accordance with CCRCalifornia Code of Regulations 3136. Pursuant to this section, prison authorities may exclude any of the following matter:

  • Obscene publications or writings, and mail containing information concerning where, how, and from whom this matter may be obtained.

  • Any manner of contraband as described in CCRCalifornia Code of Regulations 3006.

  • Any matter concerning gambling or a lottery.

• Nothing in this section shall be construed as limiting the right of prison authorities to open and inspect any and all packages received by an inmate.

• Inmates may possess a reasonable number of publications, including books, magazines, and newspapers, as directed by the Authorized Personal Property Schedule in DOMDepartment Operations Manual 54030.17. Publications addressed to inmates shall be processed in accordance with CCRCalifornia Code of Regulations 3134.1.

• Other Rights

  • To initiate civil actions, subject to a $3 filing fee to be collected by CDCRCalifornia Department of Corrections and Rehabilitation in accordance with the procedures set forth in DOMDepartment Operations Manual 14010.19.1.

  • To marry, subject to the procedures provided under DOMDepartment Operations Manual 101070.

  • To create a power of appointment.

  • To make a will.

  • To receive all benefits provided for in Labor Code 3370 and 3371 (Worker’s Compensation Benefits for Inmates) and in PCPenal Code 5069 (Rehabilitative Programs for Injured Inmates).

Application for restoration of the above-stated civil rights is not required. However, full civil rights may also be restored upon application and grant of a pardon by the Governor, pursuant to PCPenal Code 4800 et seq. (Reprieves, Pardons, and Commutations), and 4853 (Restoration of Rights).

The General Counsel, Office of Legal Affairs, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.

Penal Code §§ 2600, 2601, 4800 et seq., 4853, and 5069.

Probate Code §§ 3200 et seq.

Labor Code §§ 3370 and 3371.

California Constitution, Article I, § 28(a)(5).

California Constitution, Article II, § 4.

CCRCalifornia Code of Regulations (15) (3) §§ 3006, 3134.1, 3136, 3141 – 3145, and 3351.

DOMDepartment Operations Manual §§ 14010.19.1, 54030.17, 90109, 101070.

Revised: September 10, 2010. 

Revised: December 20, 2021. 

It is the policy of the Department to display the U.S.United States flag and the flag of the State of California at all CDCRCalifornia Department of Corrections and Rehabilitation public buildings, including institutions, camps, and other CDCRCalifornia Department of Corrections and Rehabilitation facilities under the jurisdiction of the State.

The purpose of this Section is to establish standard procedures throughout CDCRCalifornia Department of Corrections and Rehabilitation for displaying the U.S.United States and State flags and provide procedures and criteria for the raising and lowering of the flag.

All-Weather Flag

• A specially treated flag capable of being flown in all kinds of weather or conditions with little or no worry of the flag being torn, damaged, or soiled.

Base Flag

• The largest official flag. The Base flag is only flown in fair weather from sunrise to sunset. However, on special patriotic occasions, the Base flag may be displayed all night if proper lighting is available.

Custom

• An act or ceremony, stemming from tradition, which is enforceable as an unwritten law.

Flagstaff

• A pole on which a flag is raised.

Half-Staff

• The position of the flag when it is one-half the distance between the top and bottom of the staff. A flag is flown half-staff as a symbol of mourning for the dead or as a signal of distress.

Memorial Day

• A U.S.United States Holiday officially celebrated on the last Monday in May in honor of members of the U.S.United States Armed Forces killed in war.

National Flag

• The U.S.United States flag.

Prisoner of War (POW)/Missing in Action (MIAMissing In Action) Flag

• The National League of Families Prisoner of War (POW)/Missing in Action (MIAMissing In Action) flag is a black and white banner, which symbolizes those members of the U.S.United States Armed Forces listed as POW or MIAMissing In Action. The flag is officially recognized by Congress.

State Flag

• The flag of the State of California.

Sunrise

• The event or time of the daily first appearance of the sun above the eastern horizon.

Sunset

• The event or time of the daily disappearance of the sun below the western horizon.

Employees and visitors to a CDC institution, facility, camp, or State building displaying the U.S.United States Flag shall not show any disrespect to the flag. Failure to do so shall render the visitor subject to exclusion from the facility. Wardens and RPAs may prohibit displays or representations of the flag on a CDC facility that would belittle the mission or detract from good order, discipline, or morale of CDC staff and visitors.

The U.S.United States flag that is flown on State Buildings should be either:

• A Base flag.

• An All-Purpose flag. (Sometimes referred to as the All-Weather flag.)

The U.S.United States Base flag (measuring approximately 17 feet long by 8 feet wide) is displayed in fair weather from sunrise to sunset. However, on special patriotic occasions, the flag may be displayed all night if proper lighting is available.

The U.S.United States All-Purpose flag (measuring approximately 9 feet six inches long by 5 feet wide) replaces the Base flag during inclement weather. It is made of lightweight nylon bunting material.

Each Warden and RPARegional Parole Administrator shall be responsible for developing a procedure for the raising and lowering of the flag at their facility/region.

Each Warden and RPARegional Parole Administrator shall provide for the acquisition of the flags and their installation, display, and maintenance, except for the acquisition of the POW/MIAMissing In Action flag, which shall be provided by CDC Headquarters.

The U.S.United States Flag shall not be:

• Dipped to any person or thing. (State flags are dipped as a mark of honor.)

• Displayed with the union down except as a signal of dire distress in instances of extreme danger to life or property.

• Permitted to touch anything beneath it, such as the ground, the floor, merchandise, and so forth.

• Festooned, but allowed to fall and hang free.

• Used as a drapery of any sort.

• Used as a covering for a ceiling.

• Used as a receptacle for receiving, holding, carrying, or delivering anything.

• Used as the covering for a statue or monument. (However, it may form a distinctive feature of the ceremony of unveiling a statue or monument.)

• Used for advertising purposes in any manner whatsoever.

• Draped over the hood, top, sides, or back of a vehicle, railroad train, or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.

• Fastened, displayed, used, or stored in a manner that permits it to be easily torn, soiled, or damaged in any way.

• Worn or used as an article of clothing.

• Marked on, or have placed on it or attached to it, any mark, insignia, letter, word, figure, design, picture, or drawing of any kind.

4 USC 6(a), permits the display of the flag for 24 hours a day to produce a patriotic effect if properly illuminated during the hours of darkness.

The CDC will follow the custom of flying the flag from sunrise to sunset where personnel reside or are on duty at the time necessary to raise and lower the flag.

The flag may be displayed 24 hours a day if properly illuminated during the hours of darkness, thus permitting night display of the flag on special occasions when it is desired to produce a patriotic effect. Otherwise, the flying of the flag shall be from sunrise to sunset on buildings and on stationary flagstaffs in the open.

The flag should be displayed daily, weather permitting, on or near the main administration building of every public institution, except when an All-Weather Flag is displayed.

The flag shall be flown especially on:

• National holidays.

  • On Memorial Day, the U.S.United States Flag shall be flown at half-staff from sunrise to 1200 hours.

• State Holidays.

• Any other days proclaimed by the President of the U.S.United States

The flag shall not be flown in inclement weather unless an All-Weather Flag is displayed.

The Watch Commander, the Unit Supervisor at parole offices, and the senior ranking custody person on duty at the Community Correctional Facilities shall determine the weather conditions for the displaying of the flag if the flag is not an All-Weather Flag. The possibility of damage by rain or wind shall be the criteria for lowering the flag during inclement weather.

Where the U.S.United States and State Flags are used, they shall be of the same size. If only one flagstaff is used, the U.S.United States flag shall be above the State flag and the State flag shall be hung in such a manner as not to interfere with any part of the U.S.United States Flag. At all times, the U.S.United States flag, when displayed outdoors with other flags, shall be placed in the position of first honor which is normally the extreme left position as the flags are most frequently viewed.

The Governor of the State of California annually proclaims the third Friday of September to be known as POW/MIAMissing In Action Recognition Day. The Legislature requests all State agencies that fly the U.S.United States and State flags to also fly the POW/MIAMissing In Action flag, to the extent it is structurally feasible on the following holidays: Armed Forces Day, the third Saturday in May; Memorial Day, the last Monday in May; Flag Day, June 14; Independence Day, July 4; National POW/MIAMissing In Action Recognition Day, the third Friday in September; and Veterans Day, November 11. If June 14, July 4, or November 11 fall upon a Saturday, the flag shall be flown on the Friday preceding. If any of the aforementioned dates fall on a Sunday, the flag shall be flown on the following Monday.

The POW/MIAMissing In Action flag shall be flown in ascending position of honor, beneath or to the right of the U.S.United States flag and the State flag.

The U.S.United States flag is only flown at half-staff for the following reasons:

• As a symbol of honor or respect over the passing away of someone.

• As a distress signal.

The President of the U.S.United States is the only person authorized to order flying the U.S.United States flag at half-staff.

When flown at half-staff, the U.S.United States flag shall be first hoisted to the peak of the staff for an instant then lowered to half-staff position.

At the end of the day, sunset, the flag shall be raised to the peak of the staff for an instant, before it is lowered for the day. The flag should be hoisted briskly and lowered ceremoniously.

When the length of the staff creates a problem, flags are considered to be at half-staff when displayed at a height reasonably below the peak of the staff.

The State flag is only flown at half-staff for the following reasons:

• As a symbol of honor or respect over the passing away of someone.

• As a distress signal.

Governor’s Executive Order R29-71 stipulates that the flag at the State Capitol shall be lowered to half-staff for peace officers killed in the line of duty. By practice, this is from the time of notification until after the peace officer’s funeral.

The CDC headquarters and each facility shall display the flag at half-staff for the same time period.

For non-peace officer employees killed in the line of duty, flags at the facilities and headquarters shall be flown at half-staff from the time of notification until after the funeral.

For employees and retired employees whose deaths are not in the line of duty, the Warden or RPARegional Parole Administrator shall determine if it is appropriate to have the facility/region flag flown at half-staff on the day of the funeral.

The flag shall be flown at half-staff only for employees and retirees or at the Governor’s order.

The Governor of the State of California is the only person authorized to order flying the State flag at half-staff.

When flown at half-staff, the State flag shall be first hoisted to the peak of the staff for an instant, then lowered to half-staff position.

At the end of the day, sunset, the flag shall be raised to the peak of the staff for an instant, before it is lowered for the day. The flag should be hoisted briskly and lowered ceremoniously.

When the length of the staff creates a problem, flags are considered to be at half-staff when displayed at the height reasonably below the peak of the staff.

When flown at half-staff, the U.S.United States flag shall be first hoisted to the peak of the staff for an instant then lowered to half-staff position.

The State flag shall then be hoisted to a position directly below the U.S.United States flag yet far enough away so as not to interfere with the U.S.United States flag.

At the end of the day, sunset, the State flag shall be lowered first. The State flag should not be raised to the peak of the staff before it is lowered for the day. The State flag should be cased (folded) and secured before lowering the U.S.United States flag. Once the State flag is secured, the U.S.United States flag should be first hoisted to the peak of the staff for an instant, before it is lowered for the day. The flag should be hoisted briskly and lowered ceremoniously.

When flown at half-staff, the U.S.United States and State flags shall be first hoisted to the peak of the staff for an instant, then lowered to half-staff position. This shall be done simultaneously, manpower permitting. When manpower does not permit the raising of the U.S.United States and State flags together, departmental procedure dictates that the U.S.United States flag is raised first, followed by the State flag.

At the end of the day, sunset, the State flag shall be lowered first. The State flag shall be first hoisted to the peak of the staff for an instant before it is lowered for the day. The State flag should be cased (folded) and secured before lowering the U.S.United States flag. Once the State flag is secured, the U.S.United States flag shall be first hoisted to the peak of the staff for an instant, before it is lowered for the day. The flags should be hoisted briskly and lowered ceremoniously.

The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.

Pursuant to M&V 614, a person is guilty of a misdemeanor who:

In any manner for exhibition or display, places, or causes to appear any work, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag of the U.S.United States or of this State.

Exposes to public view any such flag upon which is printed, painted, or placed or to which is attached, appended, affixed, or annexed any work, figure, mark picture, design, drawing, or any advertisement of any nature.

Knowingly casts contempt upon any flag of the U.S.United States or of this State by publicly mutilating, defacing, defiling, burning, or trampling upon it.

No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policeman, and members of patriotic organizations.

When the flag is in such condition that it is no longer a fitting emblem for display, it should be destroyed in a dignified way, preferably by burning.

For those CDC units/offices which are located within a building e.g., State office building, where someone else is responsible for raising and lowering the flag, the CDC units/offices are exempt from these procedures unless one of them has been designated to raise and lower the flag.

The Director, DAIDivision of Adult Institutions (formerly Institutions Division), and the Director, DAPODivision of Adult Parole Operations (formerly P&CSD), or their designees are responsible for ensuring that the contents of this article are kept current and accurate.

Governor’s Executive Order R29-71.

4 USC 6, 7, 8, 9, and 10.

36 USC 902.

M&VCVehicle Code § 614 and 1831.

Flag Before Folding

Step 1
Fold lengthwise. Bring the striped half up over the blue field.

Step 2
Fold lengthwise again, bringing bottom edge up to meet the top edge. This will place the upper part of the blue field (union) on top.

Step 3
Fold lower right-hand corner to the upper edge to form a triangle.

Step 4
Now fold the triangle toward the blue field. The outer point is turned inward on the upper edge of the Flag to form the second triangle.

Step 5
Continue to fold the Flag in triangles until the entire Length of the Flag is folded.

Note: If you have followed the above steps correctly, only the blue field should be visible. No red shows. The Flag will be in the triangular shape of a cocked hat symbolizing the hats worn by the soldiers of the Revolutionary War.

To establish a framework/guideline for staff to understand and ensure uniform handling of incarcerated persons participating in an individual or mass hunger strike and to ensure prompt resolution of hunger strike(s) while attending to the health and safety of the incarcerated person.

The purpose of this policy is to delineate the roles and responsibilities of all staff during an individual or mass organized incarcerated person hunger strike.

The Warden and Chief Executive Officer (CEO) have overall responsibility for the implementation of this procedure.

The following shall define language usage in this Article:

• Hunger Strike
  A method of non-violent resistance or pressure in which an incarcerated person refuses to consume food with the objective to achieve a goal.

• Hunger Strike Participant
  An incarcerated person who has refused to consume any food, including canteen, for nine consecutive meals, either individually or as part of a mass hunger strike, with the objective of achieving a goal. The department will not recognize a hunger strike participant until they have refused their ninth consecutive meal.

• Initiation of Hunger Strike
  Initiation of Hunger Strike is the day the incarcerated person has refused their ninth consecutive meal.

• Mass Hunger Strike
  Three or more hunger strike participants united with a common goal or set of demands disrupting institution operations and may require statewide or institutional mobilization.

The Warden or designee shall inform the Associate Director (AD) of their respective mission, and the CEO or designee shall inform the Regional Health Care Executive (RHCE), no later than 24 hours or the first business day after all hunger strikes.

If the incarcerated person is not consuming water or liquids, the Facility (or Unit) Captain or Associate Warden (AWAssociate Warden) shall be immediately notified. The Facility (or Unit) Captain or AWAssociate Warden will notify the Warden and CEO.

Office of Inspector General (OIGOffice of the Inspector General) and Headquarter (HQ) Administrator of the Day (AODAdministrative Officer of the Day) shall be notified according to their matrix for all hunger strikes.

Day one after initiation of a hunger strike:

• When a staff member becomes aware of an incarcerated person who has refused nine consecutive meals, the staff member shall notify the respective Facility (or Unit) Sergeant or Lieutenant where the incarcerated person is housed, prior to being relieved from duty.

• The Facility (or Unit) Sergeant or Lieutenant shall immediately notify the respective Facility (or Unit) Captain and AWAssociate Warden.

• That same day, the Facility (or Unit) Sergeant or Lieutenant shall interview the hunger strike participant, shall make every effort to resolve the hunger strike, and shall document initial hunger strike information on CDCRCalifornia Department of Corrections and Rehabilitation Form 128-HS, Initial Hunger Strike Chrono.

• Refer the incarcerated person for a Mental Health Assessment to be completed within 72 hours of referral.

• The CDCRCalifornia Department of Corrections and Rehabilitation Form 128-HS, shall be routed to the Facility (or Unit) Captain, or AWAssociate Warden, Warden, incarcerated person’s Facility (or Unit) Clinic Registered Nurse (RNRegistered Nurse), CEO, Chief Medical Executive (CME), Chief Nurse Executive, Chief of Mental Health (CMH), Chief Psychiatrist, Records, Public Information Officer (PIOPublic Information Officer) and if after hours or on weekends or holidays, the Triage Treatment Area nursing staff. A copy shall also be filed in the Electronic Health Records Systems (EHRS), Electronic Records Management System (ERMSElectronic Records Management System).

• The Watch Commander shall document the hunger strike participant(s) on the Daily Activity Report and notify the appropriate institutional executive staff and PIOPublic Information Officer via email.

• The CME or designee shall ensure that the incarcerated person’s primary care team is informed of the hunger strike.

  • The RNRegistered Nurse shall complete a hunger strike assessment.

  • The hunger strike participant shall be discussed daily in the daily huddles (examples are the following but not limited to: inpatient, outpatient, or Restricted Housing Unit [RHU] Huddles) and appropriate clinical action shall be taken in accordance with the Health Care Department Operations Manual (HCDOM) subsection 4.1.1.(d)(1)(A)2.a. This information shall be communicated to the executive team. subsection 4.1.1.(d)(1)(A)2.a. This information shall be communicated to the executive team.

• Custody shall remove food items from the housing of those who are participating in a hunger strike. The food shall be appropriately inventoried, documented on a CDCRCalifornia Department of Corrections and Rehabilitation Form 1083, Inmate Property Inventory, or within the departmental approved record keeping system, and securely stored. All items shall be returned to the incarcerated person upon resolution of their hunger strike. Should an incarcerated person refuse to have their food removed from their cell they would not be considered a hunger strike participant.

• Staff shall continue to offer every incarcerated person participating in the hunger strike the regular provision of state-issued food at every regularly scheduled meal serving time, except as otherwise prescribed by a physician.

• If at any time a transfer is clinically necessary, it shall be coordinated by the Health Care Placement Oversight Program (HCPOP) and shall include communication between the sending and receiving institutions’ Warden, CEO, CME, CMH and Chief Psychiatrist.

• Staff shall ensure that hunger strike incarcerated persons have access to water at all times and are offered state-issued food daily as scheduled.

• Information concerning hunger strike incarcerated persons shall be communicated during the institution’s executive meeting until the incarcerated person(s) have ended their hunger strike.

• Both the Warden or designee and CEO or designee shall participate or receive updates in this communication with the goals of both rapidly resolving the matter and ensuring that the incarcerated person is receiving care consistent with the Health Care Department Operations Manual (HCDOM).

• For incarcerated persons who are housed in RHU, document the refusal of each meal on their Automated Restricted Housing Record.

Five business days after initiation of hunger strike:

• Five business days after the incarcerated person has been identified as a hunger strike participant, and every five business days thereafter, the Facility (or Unit) Captain and the Supervising Registered Nurse II (SRNSupervising Registered Nurse II) shall interview the incarcerated person(s) in an attempt to resolve the hunger strike issues and document on a CDC Form 128-B. A copy of the CDC Form 128-B shall be sent to the incarcerated person’s Facility/Yard/Unit clinic RNRegistered Nurse or Health Care Staff designee. A copy of the CDC Form 128-B shall be filed in the EHRS, within the departmental approved record keeping system, including digital or physical incarcerated person record storage, and in the Warden’s office, and emailed to the Facility (or Unit) AWAssociate Warden, Warden, and the CEO.

Ten calendar days after initiation of hunger strike:

• The Warden or designee shall email a copy of each CDC Form 128-B generated by the Facility (or Unit) Captain and SRNSupervising Registered Nurse II to their respective mission AD and RHCE or designee every Wednesday until the hunger strike is completed.

Fourteen calendar days after initiation of hunger strike:

• The institution CME or designee shall request a Care Team Enhanced Conference (CTEC) to take place no later than calendar day 21 of the hunger strike.

Fifteen calendar days after initiation of hunger strike and beyond:

• Daily rounds, observation, and documentation by licensed healthcare staff.

• Weekly primary care provider evaluation or more frequently as clinically indicated.

No later than 21 calendar days after the initiation of hunger strike:

• The CTEC shall occur no later than 21 days of the hunger strike and is to assist with the resolution and clinical management of the hunger strike. The CTEC shall meet weekly, or as clinically necessary until the hunger strike has ended.

  • Attendees shall include: the incarcerated person’s medical and mental health primary care team, institution clinical leadership, headquarters medical and mental health consultants, the CEO or designee, the Warden or designee, and legal representation from the Office of Legal Affairs (OLAOffice of Legal Affairs) and California Correctional Health Care Services OLAOffice of Legal Affairs.

  • The CTEC will consider all factors concerning the hunger strike including:

    • The stated and any likely underlying reason(s) for the hunger strike and efforts taken to resolve the stated or potential causes for the hunger strike by custody or licensed health care staff.

    • The current medical and mental health status of the incarcerated person, including weight, BMI, vital signs, activity level and the results of nursing, and medical and mental health assessments during the hunger strike.

    • The incarcerated person’s medical decision-making capacity.

      • Past or pending actions to seek orders pursuant to Penal Code (PCPenal Code) sections 2602 or 2604.

    • Whether the incarcerated person has engaged in past hunger strikes and the dates, duration, and any known reason(s) for past hunger strikes.

    • Any mental health factors that have an impact on incarcerated person’s decision.

    • The appropriateness of the incarcerated person’s current housing.

• If a court order is to be pursued:

  • During the CTEC, a decision will be made regarding which clinical and custody staff will serve as declarants.

  • Warden, CEO, RHCE, respective mission AD, and HCPOP shall determine whether the incarcerated person should be transferred to a CDCRCalifornia Department of Corrections and Rehabilitation institution in the county in which the order will be sought.

  • If the incarcerated person is to be transferred, this shall be carefully coordinated with the receiving institution’s Warden, CEO, CME, CMH, and Chief Psychiatrist.

End of a hunger strike:

• Once an incarcerated person has resumed eating, the staff member who observed the incarcerated person eat shall immediately notify their supervisor and the Facility (or Unit) Sergeant or Lieutenant, and the clinic RNRegistered Nurse or Health Care Staff designee.

• The staff member who observes the incarcerated person eat shall document the conclusion of the hunger strike, observation of what was consumed, what actions were taken to end the hunger  strike,  and  current  weight  (if  available),  on  a  CDC  Form 128-B.

• A copy of the CDC Form 128-B shall be sent to the Facility (or Unit) Captain, AWAssociate Warden, Warden, CEO, and the incarcerated person’s Facility (or Unit) clinic RNRegistered Nurse or Health Care Staff designee.

• A copy of the CDC Form 128-B shall be filed in the EHRS and within the departmental approved record keeping system, including digital or physical incarcerated person record storage.

• Refeeding shall be conducted according to the CCHCS Hunger Strike, Fasting, and Refeeding Care Guide.
  

If three or more incarcerated persons voice a common goal or set of demands, this shall represent a mass hunger strike.

During a mass hunger strike, the institution shall follow the procedure detailed in DOMDepartment Operations Manual section 51100.6.

The institution’s Warden or designee shall notify the respective mission AD, or HQ AODAdministrative Officer of the Day during non-business hours, and OIGOffice of the Inspector General of all mass hunger strikes.

All visits for identified/documented leaders of a mass hunger strike will be suspended during their involvement in the hunger strike. Only incarcerated persons with active legal cases will be allowed attorney visits. If an incarcerated person is participating in a hunger strike during an attorney visit, they shall be monitored to determine if they consumed food. If an incarcerated person consumes food during the attorney visit, the information shall be documented on a CDC Form 128-B, and the hunger strike shall be considered over. A copy of the CDC Form 128-B shall be sent to the incarcerated person’s Facility/Yard/Unit clinic RNRegistered Nurse or Health Care Staff designee, and a copy shall be filed in the EHRS, within the departmental approved record keeping system, including digital or physical incarcerated person record storage, in the Warden’s office, and disseminated via email.

If the mass hunger strike disrupts institution operations, the institution Warden or designee shall determine if it is necessary to implement modified programing as defined in the California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, section 3000, the institution emergency operations plan as detailed in CCRCalifornia Code of Regulations, Title 15, section 3301, and/or activate the Incident Command Posts (ICP).

For mass hunger strikes an Incident Report shall be created in the SOMSStrategic Offender Management for all participants, and a CDCRCalifornia Department of Corrections and Rehabilitation Form 128-HS shall be created for each participant.

If a mass hunger strike is anticipated, the Office of Correctional Safety may activate the Department Operations Center (DOC) at the minimum activation as a precautionary measure. Potentially impacted institutions shall be on standby to activate their ICP should a mass hunger strike occur.

In the event of a mass hunger strike, the DOC shall change from a minimum activation to a full activation as required. Affected institutions may activate their ICP.

The Deputy Director, Facilities Operations, or designee shall ensure that the content of this Article is accurate and current.

The Warden shall be responsible for the implementation of the Administrative Officer-of-the-Day (AODAdministrative Officer of the Day) procedure. An AODAdministrative Officer of the Day shall be assigned at institutions during non-business hours. The AODAdministrative Officer of the Day shall maintain the authority and responsibility for making administrative decisions and disseminating information regarding serious incidents in the absence of the Warden.

To standardize the AODs functions, authority, duties, and responsibilities where appropriate.

The Warden and Chief Executive Officer (CEO) have overall responsibility for the implementation of this procedure.

Wardens are normally exempt from AODAdministrative Officer of the Day duty; however, they may serve as AODAdministrative Officer of the Day if needed.  Wardens shall publish the AODAdministrative Officer of the Day assignment schedule in advance, every  six (6) months.  The AODAdministrative Officer of the Day schedule shall specify the name and period of time that each AODAdministrative Officer of the Day shall be assigned the duties.

The Chief Deputy Warden shall not be required to be assigned to the AODAdministrative Officer of the Day rotation schedule, but may elect to participate in the AODAdministrative Officer of the Day rotation schedule.

Any anticipated change in the AODAdministrative Officer of the Day assignment schedule shall be approved in advance by the Warden or their designee.

AODAdministrative Officer of the Day personnel may be permitted to “trade” assignments.  The “trade” arrangement between AODs shall be submitted in memorandum form to the Warden not less than 24 hours prior to assigned tour of duty.

The AODAdministrative Officer of the Day period of duty shall commence at 5:00 PM Thursday and shall conclude at 5:00 PM the following Thursday.  Should a holiday fall on a Wednesday, Thursday, or both, the AODAdministrative Officer of the Day duties shall commence at 5:00 PM on the last business day preceding the holiday period.

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Wardens shall assure all new AODs are provided with the proper training and job orientation, including, but not limited to, the following:

• AODs are not required to be peace officers. However, they shall be required to attend Penal Code (PCPenal Code) 832 training as an orientation in the responsibilities and expectations of institutional peace officer staff. The PCPenal Code 832 training shall in no way be intended to train non-peace officer AODs to perform peace officer duties.

• Prior to participation in the PCPenal Code 832 firearms range training, the current employer shall determine that the non-peace officer AODAdministrative Officer of the Day is not disqualified from possessing or use of a firearm pursuant to PCPenal Code 12021 and 12021.1. This shall be accomplished through the submission of fingerprints to the Background Investigation Unit for criminal record checks with the State Department of Justice and the Federal Bureau of Investigations.

In addition to the above training the AODAdministrative Officer of the Day should be knowledgeable of the following procedures relative to their duties as the AODAdministrative Officer of the Day:

• Institution procedures.

• Disturbance Control Plan.

• Crime/Incident Reports (institutions).

• Firearms.

• Chemical agents.

• Escape pursuit plan.

• Employee relations/grievances/discipline.

• Information Practice Act.

• Transfer of inmates.

• Any other procedures unique to their institution.

Each designated AODAdministrative Officer of the Day shall familiarize themselves with the duties and responsibilities unique and particular to their own institution instruction packet.

Twice annually, Wardens shall meet with all staff designated as AODs to discuss and explain expectations and duty requirements.

An AODAdministrative Officer of the Day instructional packet shall be developed for each institution. The packet shall include specific examples of:

• Situations and how they are handled.

• Departmental/institutional changes.

• Current inmate functions.

• Activities involving guests and outside agencies.

The packet shall provide a list of home telephone numbers, and other necessary telephone numbers of the following:

• Administrative staff.

• Appropriate outside agencies.

• Medical facilities.

• Police/sheriff departments.

• Institutional AODs.

• Departmental AODs.

The AODAdministrative Officer of the Day shall be provided with a cellular telephone for the duration of their assignment, and a State vehicle shall be made available upon the request by the institutional AODAdministrative Officer of the Day. In circumstances when cellular telephone services are not available, the institutional AODAdministrative Officer of the Day shall be provided an electronic paging device during their AODAdministrative Officer of the Day assignment.

The institutional AODAdministrative Officer of the Day shall become familiar with any special circumstances or existing situations occurring at the institution prior to assuming the AODAdministrative Officer of the Day duties.

Staff serving as the institutional AODAdministrative Officer of the Day shall have a face to face briefing either between the off-going and on-coming AODAdministrative Officer of the Day or the on-coming AODAdministrative Officer of the Day and the Warden or Chief Deputy Warden, to exchange pertinent information and equipment.

Staff serving as the institutional AODAdministrative Officer of the Day may be required to visit the institution on the weekends and holidays when special events, operational needs, or emergencies require the AODAdministrative Officer of the Day to respond.  The institutional AODAdministrative Officer of the Day will remain on-call during these periods.

The requirement to visit the institution for special events, operational needs or both, is at the discretion of the Warden or other appropriate command authority.   Such events may include, but are not limited to:

• Periodic review of visiting.

• Institution construction activity.

• Activation of the Emergency Operations Plan or other institutional emergencies.

• Controlled uses of force such as a cell extraction.

• Release or intake of a high notoriety case inmate.

• Visitation of outside groups to the institution, etc.

The institutional AODAdministrative Officer of the Day shall attend the weekly executive staff meeting and present a summary of the events that occurred during their tour of duty.

In all circumstances or incidents of a serious nature where the institutional AODAdministrative Officer of the Day is contacted regarding an institution incident, they shall communicate the incident,  action taken, and current status of the situation to the Warden.

On the first working day following the incident the institutional AODAdministrative Officer of the Day shall gather all  CDCRCalifornia Department of Corrections and Rehabilitation 837, Crime/Incident Reports, or notice of unusual occurrences that are completed by the watch commander.  As required by local procedures, a written report shall be prepared for the Warden.

The AODAdministrative Officer of the Day shall not be involved with the daily supervision of institution operations during normal business hours. This shall be the responsibility of the watch commander.

During other than normal business hours, on weekends and holidays, the institutional AODAdministrative Officer of the Day shall be contacted by the watch commander when any unusual incident/situation occurs. The institutional AODAdministrative Officer of the Day shall determine from the information provided by the watch commander the amount of staff/resources the watch commander may need to establish and maintain control of the situation. The institution AODAdministrative Officer of the Day shall serve to coordinate a resolution of the situation with the watch commander.

Should a difference of opinion exist in the course of action to be taken, then the institutional AODs decision shall prevail. The watch commander shall report their dissenting opinion in writing to the Warden on the next working day.

The relationship of the watch commander and the institutional AODAdministrative Officer of the Day shall be one of a supportive team effort, resulting in the best judgment of all combined to effectively handle any incident/situation.

The watch commander shall contact the institutional AODAdministrative Officer of the Day on questions of policy, visits of politicians, media request, court orders requesting release of inmates, and all matters of unusual occurrences. Accurate information, details, and recommendations shall be provided by the watch commander to enable the AODAdministrative Officer of the Day to make sound decisions and complete necessary reports.

Administrative Officer-of-the-Day Contacts:

• Serious Injury or Death The institutional AODAdministrative Officer of the Day shall be contacted in all incidents involving, but not limited to:

  • Death.

  • Serious injury of staff or inmates.

  • Escapes.

  • Controlled Use of Force incidents.

  • Serious disturbances.

  • Felony assaults.

  • Loss of keys to security areas.

  • Staff/visitor arrests.

  • Other items outlined in each institution instructional packet.

When the watch commander is unable to contact the institutional AODAdministrative Officer of the Day, notification of an incident shall be communicated to the Warden or their designee.

It is the responsibility of each AODAdministrative Officer of the Day to keep the watch commander informed of their whereabouts during their tour of duty.

Incidents justifying an AODAdministrative Officer of the Day contact shall be documented in writing by the watch commander on an AODAdministrative Officer of the Day contact report or an unusual occurrence report. The watch commander shall obtain available information and prepare a factual report concerning the incident. All written reports by the watch commander shall be completed prior to the conclusion of their watch/tour of duty.

Incidents/events occurring during non-business hours and deemed serious in nature, which are of public or departmental interest, shall be reported to the Division AODAdministrative Officer of the Day by the institutional AODAdministrative Officer of the Day. Following a Division AODAdministrative Officer of the Day contact, the AODAdministrative Officer of the Day shall prepare a written report concerning the contact to the Warden, prior to the start of the business hours of the next working day.

The CDCRCalifornia Department of Corrections and Rehabilitation Form 837, Crime/Incident Report, is the institutions initial written report to central office that an incident of departmental interest has occurred. It is essential that all information available at the time of the incident be entered into this report and should be completed in accordance with the DOMDepartment Operations Manual, Section 51030.

The Director, Division of Adult Institutions, or their designee shall be responsible for ensuring the contents of this Article are current and accurate.

CCRCalifornia Code of Regulations §§ 3276, 3291, 3335-3337, 3357, 3380-3384, and 3450-3452.

DOMDepartment Operations Manual sections 51030, 81030, and 81050.

PCPenal Code §§ 830, 830.2(d)(1), 830.5 (a) and (b).

ACAAmerican Correctional Association Standards 4-4206, 4-4208, and 4-4210.

Revised: September 22, 2014.

Revised section 51110.3: February 15, 2019.

Revised sections 51110.4, 51110.8, and 51110.14: March 3, 2022

Inmates engaged in productive work may receive compensation as determined by the Secretary of the Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) with the approval of the Director, Department of Finance, as specified in Penal Code (PCPenal Code) Section 2700.

The statutory limitation on inmate pay, pursuant to PCPenal Code 2700, shall be no higher than one-half the minimum wage stipulated in Section 1182 of the Labor Code (LCLabor Code). Under such authority, “pay schedules” shall be set by institutions/facilities.

This procedure establishes guidelines for uniform interpretation, application, and administration of inmate pay plans.

Inmates assigned to approved pay positions under an inmate pay plan will be paid from the fund or allotment of the institution’s/facility’s support budget or inmate welfare funds.

The CDCRCalifornia Department of Corrections and Rehabilitation inmate pay committee shall be comprised of no fewer than the following persons:

• One Prison Industry Manager.

• Director, Division of Adult Institutions, or designee.

• Director, Division of Support Services, or designee.

• One Associate Warden, Business Services.

• One representative of Classification Services Unit.

• Director, Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)), or designee.

• One representative of the Trust Office.

The Secretary shall designate one of these members to chair the committee. The committee membership shall be reviewed annually, and changes will be made on a staggered basis.

This committee shall:

• Keep the Secretary advised regarding the inmate pay program.

• Report to the Secretary, at least annually, on the need for policy changes affecting the program.

• Have responsibility and authority to monitor and evaluate the inmate pay programs of the individual institutions/facilities.

• Develop and implement the allocation of pay positions to the best advantage of CDCRCalifornia Department of Corrections and Rehabilitation and the inmate population.

Institutions/facilities shall furnish any reports and information requested by the CDCRCalifornia Department of Corrections and Rehabilitation inmate pay committee to assist the committee in program assessment.

Wardens and the Director, DAPODivision of Adult Parole Operations (formerly P&CSD), shall:

• Establish an inmate pay committee to administer the inmate pay plan within their allotted budget.

• Designate the inmate pay committee chairperson.

The institution/facility inmate pay committee shall be comprised of the following staff members:

• Designated Associate Wardens.

• Business Manager.

• Inmate Assignment Lieutenant (where applicable).

• Supervisor of Correctional Education Programs (where applicable).

• Budget Analyst.

• Representative of the Trust Office.

The inmate pay committee shall:

• Establish and review the inmate pay plan.

• Ensure that inmate pay assignments are properly classified.

• Review the appropriateness of all recommendations for inmate pay increases or reductions.

• Keep the Warden informed as to the operation of the inmate pay plan.

Supervisors, via the classification committee (at institutions), shall fill vacant job/training assignments based on the following factors:

• Skill. Demonstrating expertise of technical skills and knowledge.

• Behavior. Relationship with Others. Demonstrates ability to deal with authority figures, job supervisors, and other inmates.

• Attitude. Adaptability. Demonstrating willingness to learn, take directions, and orders.

• Work Habits. Punctuality, dependability, care of equipment, and safety practices.

• Formal Education/Training. Preparation for work and the ability to read, write, and speak effectively.

Assignments shall be ethnically balanced based on the eligible inmate population within the institution/facility when the mission(s) and/or physical plant design of the institution/facility permits.

Institutions/facilities shall establish an application/resume process for selection of skilled workers.

The assignment pay rate shall be based upon the technical skill and productivity required for the assignment. Inmate pay increases shall be based on the inmate’s overall performance that shall be documented on CDC Form 101, Work Supervisor Report.

The following are approved pay rates, which shall be used for institutions/facilities:

Support and Inmate Welfare Funds (IWFs)

• Skill Levels and Pay Rates*

  	Maximum Hourly	Maximum Monthly
  Level 1 DOTLabor Dictionary of Occupational Titles 9 Lead Person	$0.32 – $0.37	$48 – $56
  Level 2 DOTLabor Dictionary of Occupational Titles 7-8 Special Skill	$0.19 – 0.32	$29 – $48
  Level 3 DOTLabor Dictionary of Occupational Titles 5-6 Technician	$0.15 – $0.24	$23 – $36
  Level 4 DOTLabor Dictionary of Occupational Titles 3-4 Semi-Skill	$0.11 – $0.18	$17 – $27
  Level 5 DOTLabor Dictionary of Occupational Titles 1-2 Laborer	$0.08 – $0.13	$12 – $20
  *Except as designated below.

• Monthly rates shall apply to full time employment in job classifications paid from the support budget or Inmate Welfare Funds.

• In extraordinary circumstances, the Inmate Pay Committee may designate a wage comparable to the California Prison Industry Authority (CalPIA) inmate pay program for such inmate pay assignments as, but not limited to:

  • Plant Operations (nonclerical assignments only).

  • Food service cooks.

  • Special projects or assignments that require a high degree of skill or expertise.

• Requests to pay inmates at the higher rate shall be directed to the Director, Division of Adult Institutions, or the Director, DAPODivision of Adult Parole Operations (formerly P&CSD), for approval.

• Refer to Department Operations Manual (DOMDepartment Operations Manual) 51130 for information regarding inmate pay in conservation camps.

• Refer to DOMDepartment Operations Manual 51121 for information regarding inmate pay in CalPIA. Refer to Title 15, Sections 3484 and 3485, and DOMDepartment Operations Manual 53140.9 for information regarding inmate pay in the Joint Venture program.

The Inmate Committee may designate the following inmate assignments as pay assignments (the following listing may not be representative of all current DOTLabor Dictionary of Occupational Titles job titles):

• Leadpersons (DOTLabor Dictionary of Occupational Titles) Skill Level 9), under direction of the staff supervisor shall:

  • Provide much of the OJTOn-the-Job Training of newly assigned inmates.

  • Assist in communicating to inmates at lower skill levels.

  • There shall be only one lead position per area, per classification, per shift.

Appointment to the assignment of leadperson requires the approval of the supervisor and the Inmate Pay Committee.

Leadpersons shall not function as assistant foreman/supervisor or be assigned control over another inmate.

• Special Skills (DOTLabor Dictionary of Occupational Titles Skill Level 7-8):

  • Automobile Mechanic 620.261-010.

  • Carpenter 860.281-010.

  • Dental Technician 079.361-018.

  • Electrician 842.261-011.

  • Electronics Mechanic 818.261-011.

  • Maintenance Mechanic 818.638.281-014.

  • Painter 840.381-010.

  • Pipe Fitter 862.281-022.

  • Plumber 862.381-030.

  • Printer 973.381-018.

  • Tailor Asteration 785.261-010.

  • Welder 810.382-010.

  • X-ray Technician 199.361-010.

• Technician (DOTLabor Dictionary of Occupational Titles Skill Level 5-6):

  • Baker 313.381-010.

  • Barber 330.371-010.

  • Boiler Operator Helper 950.382-014.

  • Butcher 525.381-010.

  • Cook 315.361-010.

  • Firefighter 373.364-101.

  • Heavy Equipment Operator 859.683-010.

  • Inmate Advisory Council Chair.

  • Lead Clerk 219.562-010.

  • Library Assistant 249.367-046.

  • Library Technical Assistant 100.367-018.

  • Sewer Plant Attendant 955.585-010.

• Semi-skills (DOTLabor Dictionary of Occupational Titles Skill Level 3-4):

  • Apprentices enrolled in a bonafide apprenticeship program.

  • Automobile Mechanic Helper 620.684-014.

  • Baker Helper 313.684-010.

  • Carpenter Helper 869.664-014.

  • Clerk 209.562-010.

  • Dog Groomer 418.674-010.

  • Electrician Helper 829.684-026.

  • Finger Cobbler 788.684-046.

  • Garbage Collector 955.687-022.

  • Groundskeeper 406.684-014.

  • Inmate Advisory Council Secretary.

  • Janitor Head 381.137-010.

  • Laborer, Boot, and Shoe 788.687-026.

  • Machine Operator 619.380-018.

  • Maintenance Mechanic Helper 899.684-022.

  • Order Filler Warehouse 222.487-014.

  • Orderly 355.674-018.

  • Painter Helper 869.687-026.

  • Plumber Helper 869.644-014.

  • Porter Head 381.137-010.

  • Sales Clerk (Handicraft) 299.477-014.

  • Service Station attendant 915.467-010.

  • Taxi Driver 913.463-018.

  • Teacher Aid 249.367-074.

• Laborer (DOTLabor Dictionary of Occupational Titles Skill Level 1-2):

  • Attendant (Dry Cleaners) 369.677-010.

  • Barber Apprentice 330.371.014.

  • Car Wash Attendant 916.677-010.

  • Construction Worker 869.687-026.

  • Cook Helper 317.687-010.

  • Dish Machine Operator 617.260-010.

  • Gardener 406.684-014.

  • Janitor (Infirmary/Hospital only) 381.687-018.

  • Janitor Kitchen 381.687-018.

  • Janitor General 381.687-014.

  • Kitchen Helper 318.687-010.

  • Laborer, Landscape 408.687-014.

  • Laborer, Laundry 361.687-018.

  • Laborer, Orchard 403.687-010.

  • Laborer, Salvage 929.687-022.

  • Laborer, Stores 922.687-058.

  • Laborer, Gardener 408.161-010.

  • Porter (Infirmary/Hospital only) 381.6877-014.

  • Porter Kitchen 318.687-010.

  • Porter General 381.687-014.

  • Server 311.477-026.

  • Shoe Shiner 366.677-010.

  • Welders Helper 869.687-026.

The institution head may establish other assignments as needed that may not be delineated above.

Nonpay Assignments

• The Inmate Pay Committee shall designate the following inmate assignments as nonpay assignments:

  • Inmate Advisory Council Members.

  • Vocational Student Assignments (unless the inmate is enrolled in a bonafide apprenticeship program).

  • Academic Student Assignments.

  • As deemed by the inmate pay committee.

  • Substance Abuse or Therapeutic Assignments.

Inmate pay increases shall not be automatic or based on the inmate’s longevity in an assignment. Inmate pay increases or reductions shall be based on the work/training supervisor’s recommendation and the inmate’s work/training performance reports, subject to review and approval of the inmate assignment authority.

Inmates may only receive a pay increase on a quarterly basis until their maximum pay rate for that assignment is obtained.

When the inmate is given a new assignment that requires a higher skill level than that of the inmate’s previous assignment, the inmate shall not initially be paid less than the amount the inmate received for the previous assignment unless the new assignment is designated as a nonpay assignment.

Changes from one pay rate to a higher pay rate shall be based upon the:

• Recommendation of the supervisor and the approval of the Inmate Pay Committee and the Inmate Assignment Lieutenant.

• Work history as reflected in performance reports.

Inmates approved for advancement to a higher skill classification shall enter the new classification pay grade equal to or greater than their present pay grade in the lower skill.

Inmate performance ratings and total hours in job categories shall be available for review when changes in job classifications are being considered.

An inmate’s pay rate shall not be reduced nor shall the inmate be removed from pay status except for causes reflected in reports for inclusion in the inmate’s C-File. When the cause is for misbehavior including willful refusal or failure to work as directed, the matter will be reported as a disciplinary offense on a CDC Form 115, Rules Violation Report. A finding of guilty to the charge may be accepted as authority to reduce the inmate’s pay rate or remove the inmate from pay status, without regard for any other penalty imposed at the disciplinary hearing. Such a rate reduction or removal shall be taken within ten days of the disciplinary action.

Excluding transfers, when the cause for an inmate’s reduction in pay rate or removal from pay status results from no fault of the inmate, including inability to satisfactorily perform the assigned job after a reasonable effort to do so, the non-disciplinary cause shall be reflected as such on a CDC Form l28-B, General Chrono, for inclusion in the inmate’s central file.

Mandatory quarterly performance grading shall be submitted by the immediate supervisor on a CDC Form 101, Work Supervisor’s Report, based on the following criteria:

• Demonstrated skill and knowledge.

• Observed work habits.

• Attitude toward:

  • Fellow inmates.

  • Staff.

  • Job.

• Learning ability.

  • Awareness of new procedures and methods.

  • Alertness and perseverance.

• Quantity of work.

• Care and use of tools and equipment.

• Recommendation for step increase in authorized pay.

Based on the above, the inmate may be recommended for a step increase in authorized pay, to be reviewed by the Inmate Pay committee for appropriateness.

Receiving an unsatisfactory CDC Form l0l shall be grounds for referral to an institution/facility classification committee for program change.

Inmates shall report to their place of assignment at the time designated by the facility’s/CCFCommunity Correctional Facilities’s schedule of activities and as instructed by their assignment supervisor. Inmates shall not leave an assignment without permission to do so. Unauthorized absences shall result in no credit earning for the entire day. The CDCRCalifornia Department of Corrections and Rehabilitation Form 1697, Inmate Work Supervisor’s Time Log, shall reflect the time period of the unauthorized absence.

Under no circumstances shall inmate pay be granted for time not worked California Code of Regulations, Title 15, Section 3041(b)(2).

All timekeeping documents shall be maintained under lock and key. Inmates shall not have access to any timekeeping documents, pursuant to DOMDepartment Operations Manual 53130.

Timekeeping for pay purpose is documented on various time logs including, but not limited to, the following:

• CDC Form 190, Inmate Payroll.

• CDCRCalifornia Department of Corrections and Rehabilitation Form 1697, Inmate Work Supervisor’s Time Log.

Work supervisors shall be responsible for:

• Keeping continuous daily records.

• Accuracy of timekeeping.

• Entering total hours worked daily.

• Completing and signing documents at the end of each month.

• Submitting payroll documents to the division head responsible for work projects.

Time Logs

• If the inmate leaves the pay assignment or is reassigned during the calendar month, the work supervisor shall immediately close out the CDCRCalifornia Department of Corrections and Rehabilitation Form 1697, Inmate Work Supervisor’s Time Log, and payroll log for the inmate and submit it to the division head.

Accounting Officer

• Monthly, the facility/CCFCommunity Correctional Facilities accounting office, after auditing the time log, shall separate inmate payroll on a CDC Form 190-B, Inmate Pay/Work Project Claim Certification, for each fund from which inmate wages are to be paid.

Trust Office

• Payroll documents shall be delivered to the trust office. Trust office staff shall post the earnings to the inmate’s trust account.

The Chief Deputy Secretary, Adult Operations, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.

PCPenal Code §§ 2700 and 2811.

LCLabor Code § 1182.

DOMDepartment Operations Manual §§ 51121, 51130, 53130, and 53140.9.

Title 15 §§ 3041, 3484, and 3485.

United States Department of Labor DOTLabor Dictionary of Occupational Titles.

Penal Code (PCPenal Code) Section 2801 provides for the creation and maintenance of working conditions within CALPIACalifornia Prison Industry Authority (formerly PIA)’s enterprises. This includes a hiring requirement exclusively utilized to govern the employment of inmates assigned to CALPIACalifornia Prison Industry Authority (formerly PIA) work/training programs.

PCPenal Code Section 2811 specifies that the General Manager adopt and maintain a compensation schedule for inmate workers of the California Prison Industry Authority (CALPIACalifornia Prison Industry Authority (formerly PIA)). Such compensation shall be in accordance with a graduated pay schedule based on quality and quantity of work performed and skill required for its performance. The statutory limitation is one-half the minimum wage provided for by the Labor Code (LCLabor Code) Section 1182.

The procedure establishes the process for CALPIACalifornia Prison Industry Authority (formerly PIA) inmate hiring, pay reductions and dismissal from CALPIACalifornia Prison Industry Authority (formerly PIA) work programs. This procedure also establishes guidelines for uniform interpretation, application, and administration of the CALPIACalifornia Prison Industry Authority (formerly PIA) inmate pay plan.

All inmates assigned to CALPIACalifornia Prison Industry Authority (formerly PIA) work programs are to adhere to general work expectations. The Prison Industries Superintendent I and II are responsible for supplemental (specific) work expectations related to industry type. CALPIACalifornia Prison Industry Authority (formerly PIA) work expectations include but are not limited to:

• Follow all instructions given by the supervisor.

• Know and follow all work place rules and regulations.

• Safety is a priority. The use of personal protective equipment, as required in designated areas, is mandatory. Training is required prior to the use of any tool or operation of equipment. The supervisor must be informed immediately, if a danger is perceived or present.

CALPIACalifornia Prison Industry Authority (formerly PIA) shall fill vacant job/training positions based on the following factors:

• Skill – Demonstrating expertise of technical skills and knowledge.

• Ethnic Balance – Parity should be maintained with the institution’s yard ethnic breakdown.

• Behavior – Relationship with others. Demonstrates ability to deal with authority figures, job supervisors, and other inmates.

• Attitude/Adaptability – Demonstrating willingness to learn, take directions, and orders.

• Work Habits – Punctuality, dependability, care of equipment, and safety practices.

• Formal Education/Training. Preparation for work and the ability to read, write, and speak effectively.

• The ability to perform the essential functions of the program, with or without reasonable accommodations.

Definitions of inmate worker skill levels are as follows:

• Clerical

  • Special Skills:

    • Lead clerk who has the most responsible clerical position in administration, factory, farm, office, or warehouse.

  • Technicians:

    • Lead clerk of a section or an operating unit of the facility whose supervisor does not have a civil service typist.

  • Semi-skilled:

    • Lead clerks whose positions require less responsibility and skill than the above classifications, or who are working with clerks of higher classifications.

    • General clerical positions.

• Trades

  • Special Skills:

    • Set up and layout men who are responsible for guiding products through production lines or are responsible for the operation of many complex machines.

    • Mechanics and craftspersons who are responsible for difficult and technical work and have only limited or intermittent supervision. Assist in training other inmates.

  • Technicians:

    • Journeyperson mechanics, craftpersons, Inspector IIs, and heavy equipment operators who have only intermittent supervision.

  • Semi-Skilled:

    • Apprentice mechanics, Inspector Is, medium equipment operators, and medium machine operators.

    • Lead floor persons who assist in the training of laborers.

  • Laborers:

    • Janitors.

    • Trainees.

• Farm Workers

  • Special Skills:

    • Herdsmen and licensed pasteurizers.

  • Technicians:

    • Milkers.

  • Semi-Skilled:

    • Persons in farming, animal production, and animal husbandry.

  • Laborers:

    • Farm/barn crew or entry level position to CALPIACalifornia Prison Industry Authority (formerly PIA).

Inmates applying for a job, apprenticeship, or training position with CALPIACalifornia Prison Industry Authority (formerly PIA) must have a minimum of two (2) years and a maximum of five (5) years from their Earliest Possible Release Date (EPRDEarliest Possible Release Date), on the date of application.

• Exemption: Institution Wardens, CALPIACalifornia Prison Industry Authority (formerly PIA) Administrators, or Lead Managers with transient populations where inmate availability deficiencies are statistically substantiated by virtue of individual missions may use an alternate intake requirement after obtaining a written waiver authorization from CALPIACalifornia Prison Industry Authority (formerly PIA) General Manager annually.

• Institutions which receive this authorization will be allowed to utilize the following alternate intake requirement:

  • Inmates applying for a job, apprenticeship, or training position with CALPIACalifornia Prison Industry Authority (formerly PIA) must have a minimum of two (2) months and a maximum of 60 months from their Earliest Possible Release Date (EPRDEarliest Possible Release Date), on date of application.

  • Eligible inmates must meet the minimum qualifications to perform the essential job functions.

  • Assigned inmates must complete their GEDGeneral Education Development or High School diploma within two years of initial CALPIACalifornia Prison Industry Authority (formerly PIA) assignment unless that is not feasible due to disabling conditions documented in the inmate’s C-File, in which case the inmate worker must be concurrently enrolled in classes to obtain a GEDGeneral Education Development or high school diploma while in a work assignment with CALPIACalifornia Prison Industry Authority (formerly PIA). Failure to obtain GEDGeneral Education Development equivalences or High School diploma may result in the inmate’s immediate un-assignment from CALPIACalifornia Prison Industry Authority (formerly PIA).

Americans with Disabilities Act of 1990 (ADAAmericans with Disabilities Act) Exemption. Institution Wardens, CALPIACalifornia Prison Industry Authority (formerly PIA) Administrators, or Lead Managers will make a good faith effort and may accommodate inmates with disabilities unless it can be demonstrated that such accommodation would fundamentally alter the nature of the program or result in an undue financial and administrative burden, or unsafe working conditions for CALPIACalifornia Prison Industry Authority (formerly PIA). Assigned inmates must be able to perform the essential functions of the duties of the position with or without reasonable accommodations.

The total number of inmates with life sentences assigned to CALPIACalifornia Prison Industry Authority (formerly PIA) programs at an institution must not exceed 25 percent of the established workforce allocation per CALPIACalifornia Prison Industry Authority (formerly PIA) Enterprise. This percentage will not necessarily achieve parity with the institution’s yard housing these inmates or the overall institution’s lifer population make up.

• Exemption: Institution Wardens, CALPIACalifornia Prison Industry Authority (formerly PIA) Administrators, or Lead Managers with life sentence populations where inmate availability deficiencies are statistically substantiated by virtue of individual missions must obtain an annual waiver authorization exempting them from the 25 percent cap from CALPIACalifornia Prison Industry Authority (formerly PIA) General Manager.

• This authorization will allow institutions to exceed the 25 percent cap in order to provide CALPIACalifornia Prison Industry Authority (formerly PIA) the necessary manpower needs.

Immigration and Customs Enforcement (ICE) Hold inmate workers who have not been lawfully admitted for permanent residence within the U.S.United States at the time of incarceration may be assigned to a CALPIACalifornia Prison Industry Authority (formerly PIA) job training assignment; however, they will not be eligible to receive external accredited certificates through CALPIACalifornia Prison Industry Authority (formerly PIA). ICE Hold inmate workers who are in the process of acquiring an external certification or have had their ICE Hold status removed through administrative proceedings will be allowed to continue and finish such external certification.

Inmates serving life sentences without the possibility of parole (LWOPLife Without Possibility Of Parole) shall not be eligible for a CALPIACalifornia Prison Industry Authority (formerly PIA) assignment; unless the inmate meets the exception found in 8004(d)(4) of Title 15, Division 8. (Institutions/facilities with a population resulting in inmate worker unavailability may utilize inmates with LWOPLife Without Possibility Of Parole sentences with the approval of the Warden at the institution/facility of a case-by-case basis.) Inmates with extensive history of disciplinary adverse actions, such as Rule Violation Report CDC Form 115 or disciplinary measures resulting in previous un-assignments from CALPIACalifornia Prison Industry Authority (formerly PIA) must have a minimum of six (6) months of disciplinary-free conduct before being considered for a CALPIACalifornia Prison Industry Authority (formerly PIA) assignment, on a case-by-case basis. The CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator/Lead Manager must approve and authorize each assignment.

Inmates convicted of arson, elements of arson and/or possession or use of explosive material shall not be eligible for a CALPIACalifornia Prison Industry Authority (formerly PIA) assignment. This is due to the proximity and availability of volatile flammable chemicals and fire hazard materials associated with industrial environments.

• Exemption: if the arson conviction was more than 15 years prior to the date of application, and the inmate meets all other eligibility requirements, the inmate may be placed on the CALPIACalifornia Prison Industry Authority (formerly PIA) Inmate Candidate Pool (ICP).

Inmates classified as Close B Custody may be excluded from assignment to CAPLIA. Wardens may approve, on a case-by-case basis, Close B inmates to CALPIACalifornia Prison Industry Authority (formerly PIA) assignments.

Inmates convicted of computer related crimes shall not be eligible for assignments to CALPIACalifornia Prison Industry Authority (formerly PIA) clerical positions.

Inmates convicted of forgery, fraud, or embezzlement shall not be assigned to the CALPIACalifornia Prison Industry Authority (formerly PIA) Specialty Print Plants, ensuring the integrity of confidential documents.

Inmates assigned to employment within CALPIACalifornia Prison Industry Authority (formerly PIA), pursuant to Penal Code (PCPenal Code) Section 5071, shall not have access to personal information of private individuals.

Inmates convicted of a PCPenal Code Section 290 offense shall not be assigned to the CALPIACalifornia Prison Industry Authority (formerly PIA) optical program.

CALPIACalifornia Prison Industry Authority (formerly PIA) will have the ability and discretion to recruit inmates for work/training statewide to ensure participation and success of its various programs. CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator/Lead Manager will coordinate efforts with Correctional Counselor III staff and/or Institution Classification Services Staff to accomplish this process.

CALPIACalifornia Prison Industry Authority (formerly PIA) will make job applications (CALPIACalifornia Prison Industry Authority (formerly PIA) Inmate Worker Application Form IEP-F002) available to the inmate population through the following institutional services:

• Institution Library

• Inmate Orientation

• Correctional Counselor’s Office

• CALPIACalifornia Prison Industry Authority (formerly PIA) Administration Offices

• CALPIACalifornia Prison Industry Authority (formerly PIA) Enterprises

• Housing Units

Inmates interested in obtaining a position with CALPIACalifornia Prison Industry Authority (formerly PIA) will submit completed applications for initial screening to their Correctional Counselor staff. Correctional Counselors will conduct a review of the inmates Central File (C-File) to ensure the inmate meets intake eligibility requirement as specified above. Counselors will schedule inmate to appear at an Initial/Unit Classification Committee for program review and placement into CALPIACalifornia Prison Industry Authority (formerly PIA)’s ICP. The Institution’s Inmate Assignment Lieutenant will be responsible for maintaining the ICP and will provide a copy to the CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator.

CALPIACalifornia Prison Industry Authority (formerly PIA) enterprise staff will interview inmates from the ICP and will conduct final selection of inmates to be assigned to a CALPIACalifornia Prison Industry Authority (formerly PIA) assignment. Inmates selected should maintain parity with the institution’s yard ethnic breakdown.

ICP will be prioritized as follows:

• High School Diploma or GEDGeneral Education Development

• Enrolled in GEDGeneral Education Development program

• No Diploma/GEDGeneral Education Development and not enrolled in education program A list of successful inmate applicants shall be made available to the CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator by the institutions inmate assignment office.

CALPIACalifornia Prison Industry Authority (formerly PIA) enterprise staff will submit the final list of successful inmate applicants for immediate assignment to CALPIACalifornia Prison Industry Authority (formerly PIA), to the institution Inmate Assignment Lieutenant via memorandum.

The CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator/Lead Manager shall contact the institution’s Investigative Service Unit (ISUInstitution Services Unit) and request a urinalysis test be conducted on newly hired CALPIACalifornia Prison Industry Authority (formerly PIA) inmates within thirty (30) days. If a CALPIACalifornia Prison Industry Authority (formerly PIA) inmate tests positive and is found guilty of Rules Violation Report (CDC-115) for Use/Possession of a Controlled Substance, the inmate will be immediately removed from their CALPIACalifornia Prison Industry Authority (formerly PIA) assignment.

Inmates removed through this process must have a minimum of six (6) months of disciplinary/drug-free conduct with a minimum of 90 days on an institutional assignment with satisfactory work reports (CDC-101s) before being reconsidered for a CALPIACalifornia Prison Industry Authority (formerly PIA) assignment.

All inmates assigned to CALPIACalifornia Prison Industry Authority (formerly PIA) shall remain subject to random drug testing for as long as they are assigned by CALPIACalifornia Prison Industry Authority (formerly PIA). If a CALPIACalifornia Prison Industry Authority (formerly PIA) inmate is suspected of being under the influence of a controlled substance, the Superintendent I/II will contact the Administrator/Lead Manager to arrange a urinalysis test by the Investigative Services Unit.

All inmates assigned to CALPIACalifornia Prison Industry Authority (formerly PIA) will be required to complete and submit an Inmate Worker Application Form (IEP-F002) which shall be completed by the inmate worker prior to the start of employment along with an Inmate Intake Form (IEP-F003). Inmates refusing to comply with this requirement will be denied employment with CALPIACalifornia Prison Industry Authority (formerly PIA) and will be removed from CALPIACalifornia Prison Industry Authority (formerly PIA).

Each CALPIACalifornia Prison Industry Authority (formerly PIA) enterprise is authorized to have one leadperson position for each industrial staff within the operation. The Prison Industries Administrator/Manager at the facility shall approve the leadperson. Functions of leadperson positions shall be related to the duties of the industrial staff justifying the leadperson. All positions may be assigned leadperson pay. Under the direction of the CALPIACalifornia Prison Industry Authority (formerly PIA) staff, the leadperson shall be expected to do much of the on-the-job training of newly assigned inmates. They shall assist in communicating to new inmate workers the staff’s expectations of their work. Inmate leadpersons shall not function as assistant forepersons or supervisors and shall not be assigned control over other inmates. Their role is limited to that of training and communication.

The following procedures will be used when hiring leadpersons for all CALPIACalifornia Prison Industry Authority (formerly PIA) factories:

• Post job vacancy, indicating the area(s) of responsibility, description of duties, required skills and abilities. The posting will also indicate the experience and/or education necessary to apply for the position. The position will be posted for a one-week period; the closing date will be clearly stated.

• At the closing date all applications will be reviewed and only those meeting the hiring requirements will be selected for interview. Work files and/or C-files shall be reviewed by the interviewing staff panel.

• During the subsequent interviews, a staff panel will rate each applicant’s replies to a number of set questions. The questions will reflect the applicant’s ability to carry out the Lead position duties, and the ability to work with others.

The most qualified applicant will be selected for the position. All lead positions will include a probation period of six (6) months.

The facility Prison Industries Administrators/Managers shall determine the inmate workforce allocation for each cost center within their responsibility and adjust it as necessary by the procedures listed below. An inmate workforce allocation is defined as the current need for inmate workers in a specific cost center to maintain adequate production levels in order to support the volume of sales orders and service contracts. Changes in existing inmate workforce allocation shall be submitted annually via the CALPIACalifornia Prison Industry Authority (formerly PIA) fiscal year budget process.

The following procedures shall be followed when establishing new or revising existing CALPIACalifornia Prison Industry Authority (formerly PIA) inmate workforce allocations:

New Enterprises

• Prior to the activation of a new enterprise the Prison Industries Administrator/Manager is to follow the belowlisted procedures:

  • Submit an inmate employment pay plan to the CALPIACalifornia Prison Industry Authority (formerly PIA) Assistant General Manager, Operations Division via the Branch Managers for approval. The plan shall include the allocation of inmate workers required per shift; a listing of the pay positions designating no more than 25 percent in each of the A, B, C, and D pay categories; and the job description based on the Federal Bureau of Labor Statistics’ Standard Occupational Classification (SOC) for each pay position.

  • The inmate worforce allocation for each enterprise is to be jointly approved by (1) the Warden or designee and (2) the CALPIACalifornia Prison Industry Authority (formerly PIA) Assistant General Manager, Operations Division.

Existing Enterprises

• Prior to changes of existing workforce allocation of 15 percent or more, the CALPIACalifornia Prison Industry Authority (formerly PIA) Prison Industries Administrator/Lead Manager will submit changes to the CALPIACalifornia Prison Industry Authority (formerly PIA) Enterprise Branch Manager for approval. The plan shall include:

  • The workforce allocation of inmate workers required per shift, the SOC job description for each pay position, and the justification for revising an existing workforce allocation plan.

  • The inmate workforce allocation for each enterprise is to be jointly approved by (1) the Warden or their designee and (2) the CALPIACalifornia Prison Industry Authority (formerly PIA) Assistant General Manager of Operations Division.

  • For changes of existing workforce allocation of less than 15 percent, the CALPIACalifornia Prison Industry Authority (formerly PIA) Prison Industries Administrator/Lead Manager will submit an informational copy of the change justifying the revision in the inmate workforce allocation to the appropriate Enterprise Branch Manager.

  • The inmate workforce allocation for each enterprise is to be jointly approved by (1) the Warden or designee and (2) the Administrator/Lead Manager.

The following standards will be utilized when inmate workforce allocations are reduced, causing a lay off situation of inmate workers. If possible, reduction and layoffs shall be accomplished through attrition.

• Skill. Demonstrating expertise of technical skills and knowledge of a dedicated job or process in a CALPIACalifornia Prison Industry Authority (formerly PIA) assignment.

• Behavior. Relationship with Others. Demonstrates ability to deal with authority figures, job supervisors, and other inmates.

• Attitude, Adaptability. Demonstrating willingness to learn, take directions, and orders.

• Work Habits. Punctuality, dependability, care of equipment, and safety practices.

• Formal Education/Training.

Inmate workers assigned to CALPIACalifornia Prison Industry Authority (formerly PIA) programs shall be paid from the Prison Industries Revolving Fund.

It shall be the responsibility of the Prison Industries Administrator/Manager at each facility to administer the CALPIACalifornia Prison Industry Authority (formerly PIA) inmate pay program consistent with the applicable laws and the details of this plan.

The Prison Industries Administrator/Lead Manager shall:

• Monitor programs to ensure that pay positions have been properly classified and allocated.

• Review and appropriately approve/disapprove all recommendations for pay decreases and changes.

• Review and appropriately approve/disapprove all recommendations for dismissal.

• This policy and procedure shall be the final arbitrator regarding disputes or interpretations of this plan.

The CALPIACalifornia Prison Industry Authority (formerly PIA) inmate wage rates and any proposed changes shall be submitted to the Prison Industry Board (PIBPrison Industry Board) for review.

Job descriptions shall be developed based on the Federal Bureau of Labor Statistics’ SOC system for each inmate work position. Each job description will establish the minimum acceptable standards of participation and performance.

The inmate shall sign and be given a copy of the job description, indicating acceptance of the conditions of employment.

Staffing tables shall be prepared in accordance with inmate assignment workforce allocations and submitted to CALPIACalifornia Prison Industry Authority (formerly PIA) Central Office for approval.

Hourly wage rates shall be determined and maintained by the General Manager and published by the CALPIACalifornia Prison Industry Authority (formerly PIA).

All CALPIACalifornia Prison Industry Authority (formerly PIA) inmate positions are to be assigned to one of the following levels:
Hourly Pay Schedule

For each enterprise, the percentage of the inmate work force in each skill level may not exceed the following:

Depending on actual inmate assignment turnover rate, the C and D pay categories may exceed the 25 percent payroll allocation. This is permissible as long as the C and D combined totals do not exceed 50 percent of payroll.

Movement between one pay rate to another pay rate shall be based upon a combination of factors including, but not limited to, the following:

• The written recommendation of the supervisor showing cause for reduction of the inmate’s pay. The following document(s) and justification reflecting below standard performance, misbehavior or “A” days is required in support of this written recommendation.

• The documentation of the inmate’s accumulated work history as reflected on a CDC 101, Work Supervisor’s Report.

• General Chrono, CDC Form, 128-B, Custodial Counseling Chrono, Form 128-A and/or Rules Violations Report, CDC 115.

• Inmate Work Supervisor’s Log, CDCRCalifornia Department of Corrections and Rehabilitation Form 1697, which reflect absent without leave “A” day.

• Raises or reductions in an inmate’s pay shall be based on the work supervisor’s recommendation and the inmate’s work/training performance reports and disciplinary reports.

• Pay increases shall not be automatic or based on the inmate’s longevity in an assignment.

Workers in each skill level may be advanced to the next step within a skill level only after three months of satisfactory performance, or advanced from one skill level to the next only after one month of satisfactory performance, upon the recommendation of the supervisor, and if there is a vacant pay position available. The pay increase shall be effective on the first day of the following month in which the pay increase is implemented following approval by the Prison Industries Administrator/Manager. Less than satisfactory performance may result in a reduction in the hourly wage rate with the submission of a CDC Form 128-B-1, Classification Hearing Request/Notice Form, and a CDC Form 101, Work Supervisor’s Report, stating the reason for the reduction in pay.

Inmates approved for advancement to a higher skill level shall enter the new classification pay grade equal to or greater than their present pay grade in the lower skill. For example, an inmate in the semi-skilled classification receiving an hourly wage of $0.50 who advances to technician shall receive not less than $0.55 or more than $.65 per hour. Longevity shall not be used as a standard for the purpose of upgrading skill level.

Inmates removed from their CALPIACalifornia Prison Industry Authority (formerly PIA) assignment for reasons beyond their control, for example; out-to-court or lengthy hospital stays, may, via the committee process, return to a CALPIACalifornia Prison Industry Authority (formerly PIA) assignment at the same or closest level of pay to their former position if available in accordance with DOMDepartment Operations Manual section 53130.9.2.2.

An inmate’s pay rate shall not be reduced nor will the inmate be removed from pay status except based on the supervisor’s recommendation, below standard or less than satisfactory work performance, or inmate misconduct as described in Title 15, California Code of Regulations, Division 3, Sections 3312, 3314, or 3315.

When the dismissal is for misconduct, including willful refusal or failure to work as directed, a CDC Form 101, Work Supervisors Report, shall be prepared and submitted to the factory superintendent for review and approval.

• The following document(s) and justification reflecting below standard performance, misbehavior or “A” days is required in support of this work history.

• CDC Form 128-B, General Chrono, CDC Form 128 A, Custodial Counseling Chrono, and CDC Form 115, Rules Violation Report.

• Inmate Work Supervisor’s Log, CDC Form 1697 which reflect absent with out leave “A” day.

The CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator/Lead Manager will review for proper justification and approve the applicable above written documentation. If denied all documentation will be returned to factory Superintendent. Upon approval CALPIACalifornia Prison Industry Authority (formerly PIA) Administration will generate a CDC Form 128-B-1, Classification Hearing Request/Notice, and submit to Facility Classification Committee for removal of inmate from CALPIACalifornia Prison Industry Authority (formerly PIA) work program. The CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator/Lead Manager or designated Superintendent will be required to attend the Facility Classification Committee hearing. The CALPIACalifornia Prison Industry Authority (formerly PIA) representative will assist the Committee by providing any additional information and/or testimony that may be required to remove the inmate from his/her CALPIACalifornia Prison Industry Authority (formerly PIA) assignment.

The inmate shall be placed on “S” time in accordance with CCRCalifornia Code of Regulations Title 15 Section 3045.3, with the approval of the CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator/Lead Manager, pending the outcome of the disciplinary process. A finding of guilty to the charge may be accepted as authority for dismissal and/or reduction of the inmate’s pay rate to the lowest CALPIACalifornia Prison Industry Authority (formerly PIA) pay number, notwithstanding any other penalty imposed at the disciplinary hearing.

The CDC Form 128-B, General Chrono, requesting that the inmate be placed on “S” time should as an example contain the following verbiage; “Due to the seriousness of the rules violation and the security risk posed to CALPIACalifornia Prison Industry Authority (formerly PIA) and the institution and because of the inability to maintain constant supervision of this inmate on the job site during an entire work shift, inmate (inmate name) is deemed a security risk to CALPIACalifornia Prison Industry Authority (formerly PIA) and the institution and shall remain on “S” time pending the adjudication of the CDC Form 115, Rules Violation Report”. (Attach the rough copy of the CDC Form 115 to the CDC Form 128-B).

Any inmate unassigned from CALPIACalifornia Prison Industry Authority (formerly PIA) for disciplinary cause will be ineligible for reassignment to another CALPIACalifornia Prison Industry Authority (formerly PIA) enterprise. If after six months of disciplinary free behavior and a positive CDC Form 101, Work Supervisors Report, from a work assignment other than CALPIACalifornia Prison Industry Authority (formerly PIA), an inmate may be eligible for reassignment. The reassignment shall require the approval of the CALPIACalifornia Prison Industry Authority (formerly PIA) Administrator/Lead Manager.

CALPIACalifornia Prison Industry Authority (formerly PIA) inmates shall be paid for the following activities only:

• Productive work.

• Actual work time.

• Tool check-in/check-out (15 minutes twice per day).

• Clean-up (15 minutes twice per day).

• Official break times.

• Management approved job-related trade training during a portion of the regular workday.

CALPIACalifornia Prison Industry Authority (formerly PIA) inmates shall not be paid for the following:

• State holidays.

• Time lost due to job related illness or injury.

• Late release by custody.

• Shower time, unless required by job description.

• Lunch breaks.

Mandatory quarterly performance grading shall be submitted by the inmate’s immediate supervisor on CDC Form 101 for the following standards:

• Demonstrated skill and knowledge.

• Observed work habits.

• Attitude toward fellow inmates, staff, and the job.

• Learning ability, awareness of new procedures and methods, alertness, and perseverance.

• Quality of work.

• Quantity of work.

• Care and use of tools and equipment.

• Recommendation for step increase in authorized pay.

Receiving an unsatisfactory CDC Form l0l and a CDC Form 128-B-1 shall be authorization for reduction in pay rate and/or position, demotion, or termination by referral to the facility classification committee for program change.

Former CALPIACalifornia Prison Industry Authority (formerly PIA) inmates transferring from other facilities may be placed in the skill level, which is appropriate for the position desired if the inmate stays in the same trade area provided they demonstrate the skills deemed necessary for appointment during the ninety (90) days at the probationary D1 rate. Inmates may be placed at an equal level to the work assignment previously held at the sending facility, when a position becomes available, but such placement is not guaranteed. This placement remains subject to the availability of a position and other requirements as set forth in DOMDepartment Operations Manual subsection 51121.4.

All CALPIACalifornia Prison Industry Authority (formerly PIA) inmate workers’ time shall be initially recorded by time clocks on timecards. All punching of timecards shall be under the direct supervision of a civil service employee. Timecards shall be maintained in secure locked containers when not in use. The inmate’s supervisor shall be responsible for verifying and certifying by initialing the timecard before its submission for payroll preparation.

Time records shall be consolidated on a summary form, initialed by the supervisor, and signed by the Prison Industries Administrator/Manager.

If an inmate is reassigned during the pay period, the work supervisor shall complete the timecard and turn it in to the timekeeper.

All appropriate facility timekeeping forms approved by the Prison Industries Administrator/Manager, supported by the timecard, shall be forwarded to the facility accounting office immediately after the close of the pay period. Central Office timekeeping forms are to be forwarded to Operations Division, who will then forward to Accounting Services.

Payroll shall be prepared from the approved information. One copy shall be retained by the facility Prison Industries Administrator’s/Manager’s office and the original shall be forwarded to the CALPIACalifornia Prison Industry Authority (formerly PIA) facility accountant, who must call the total inmate pay amount to Central Office Accounting Services and prepare the accounting entry which distributes the costs by enterprise.

On a monthly basis, the facility accounting office, after auditing the summary form, shall prepare a separate inmate payroll on CDC Form 190 for each fund from which inmate wages are to be paid.

The original copy of CDC Form 190 is to be submitted to the CALPIACalifornia Prison Industry Authority (formerly PIA) Accounting Office, Revenue Unit, and the duplicate is to be retained by the facility accounting office.

Immediately upon preparation of payrolls, earnings shall be credited to inmates’ trust accounts. CALPIACalifornia Prison Industry Authority (formerly PIA) will issue a revolving fund check to be deposited in the inmate trust fund in an amount equal to the total of all payroll. Payroll claim schedules shall be prepared so that the State Controller’s Office reimburses the Prison Industries Revolving Fund.

One hundred percent attendance is expected of all inmate workers.

Inmates shall report to their place of assignment at the time designated by the facility’s schedule of activities and as instructed by their work supervisor. Inmates shall not leave an assignment without permission to do so. Unauthorized absences shall not earn pay or time credits and may be grounds for dismissal from CALPIACalifornia Prison Industry Authority (formerly PIA) employment. On an emergency basis, inmates shall be required to work overtime at the direction of the Prison Industries Administrator/Manager or designee.

ETOExcused Time Off may be utilized as described in CCRCalifornia Code of Regulations Section, 3045.2 Excused Time Off.

The time clock timecards are considered legal documents. These forms shall be maintained under lock and key, and no inmate shall have access. The accuracy of timekeeping is paramount, and industrial supervisors shall be held responsible.

Each employee who is responsible for supervising an inmate in an approved pay position shall keep a continuous daily record of the actual hours worked as stated in DOMDepartment Operations Manual subsection 51121.16.

At the end of each calendar month, the employee shall complete the forms, sign the required certification as to the accuracy of the working time stated, and submit them to the facility Prison Industries Administrator/Manager or designee.

In accordance with local procedures, the appropriate form shall be delivered to the records office for recording of “A” time only.

Entries on the timecard shall be made for each day the inmate is assigned. If assigned less than the full month, a diagonal line must be drawn through the unassigned dates. On the first day of work, show assignment. Show the reason for leaving the assignment. The following symbols and the appropriate number of hours for each shall be used by the work supervisor to record the inmate’s work day. Each day must reflect time for a full-day or half-day as appropriate.

Upon inmate transfer, parole, or reassignment, it shall be the responsibility of the work supervisor to immediately forward to the division head completed timecards for signature and transmittal to the records office if “A” time is present.

The General Manager, CALPIACalifornia Prison Industry Authority (formerly PIA), or designee shall be responsible for ensuring that the contents of this article are kept current and accurate.

PCPenal Code § 2801, 2806 and 2811.

LCLabor Code § 1182(b).

Federal Bureau of Labor Statistics’ Standard Occupational Classification System.

CCRCalifornia Code of Regulations (15)(3) § 3044.

CCRCalifornia Code of Regulations (15)(8) § 8004-8004.4; 8006 Revision History Revised: April 2013

PCPenal Code 6200 and 6204 permit The Director to establish a Conservation Camp Program and to promulgate rules and regulations for the government of the Conservation Centers in the management of their affairs.

The purpose of the Correctional Conservation Camp Program shall be to promote the conservation of natural and human resources within the limits established by law, CCRCalifornia Code of Regulations, and the operating procedures of cooperating agencies. The Conservation Camp Program shall cooperate with other State and local agencies in a joint operation.

Inmates may be assigned to perform public conservation projects including, but not limited to, the following:

• Forest fire protection and control.

• Forest and watershed management.

• Recreational area development.

• Fish and game management.

• Soil conservation.

• Forest watershed revegetation.

The Conservation Camp Program shall be jointly administered by CDC and the Department of Forestry and Fire Protection (CDF); by CDC and the Los Angeles County Fire Department (LCFD); and/or with other cooperating agencies. The Director may enter into contracts or cooperative agreements with public agencies for the performance of appropriate conservation projects.

Any productive industrial enterprise subject to the jurisdiction of the CALPIACalifornia Prison Industry Authority (formerly PIA) established at any center or camp shall be approved by the General Manager, CALPIACalifornia Prison Industry Authority (formerly PIA).

Interagency Agreements

• Copies of each interagency agreement shall be maintained on file at the headquarters and at the facilities with camps.

The Conservation Camp Coordinator, under the direction of the Deputy Director, Institutions Division, shall maintain direct liaison with CDF, LACCalifornia State Prison, Los Angeles County, and other agencies in operation of Conservation Camps.

On all major fires and other emergencies in which it becomes necessary to establish emergency camps and where a combination of Conservation Camp inmates and Department personnel are based, a supervisor at the level of Sergeant or higher shall be appointed by the Captain responsible for camps in the affected fire district.

The supervisor shall coordinate all matters affecting all inmate crews that may be participating in the containment of the emergency, and shall act as the Department’s Agency Representative. This Agency Representative shall make all contacts with the cooperating agency. They shall represent all Department employees and Department inmate crews on custodial and related matters regardless of origin of the crews. All Department camp personnel shall report to the Department’s Agency Representative as soon as possible after arriving at the emergency camp. They shall provide the Agency Representative with the following information:

• The number of inmates.

• The number of custody staff accompanying the inmates.

• The name of the camp the inmates/staff are from.

The Conservation Camps located on the grounds of CMCCalifornia Men's Colony and CRCCalifornia Rehabilitation Center shall be administered by their respective parent facilities. Administrative responsibility of the remaining Conservation Camps is delegated to CCCCalifornia Correctional Center and SCCSierra Conservation Center.

Each Conservation Camp has a designated name jointly selected and approved by CDF and CDC, or by LACCalifornia State Prison, Los Angeles County and CDC. The name of the facility responsible for the operation of the camps should not be used on camp signs or literature pertaining to the camps.

The Conservation Camps and their location are listed below:

At each facility having a Conservation Camp Program, the Warden administers the camp operation.

At those facilities that operate facility-based camp programs, the administration shall be carried out as an adjunct to other daily operations. Administrative responsibility includes, but is not limited to, the following:

• Budget for and supply the camps with all necessary manpower, materials, and supplies to properly operate and maintain the camps.

• Direct and supervise all camp activities so that the camp shall operate for the benefit of the State and the rehabilitation of the inmates.

• Coordinate with the cooperating agency all of the activities necessary for the operation of the conservation camp program.

• Supervise all custodial and treatment personnel and direct their compliance with the CCRs, State law, and applicable procedures.

The Camp Commander (Lieutenant) at each Conservation Camp reports to the Camp Captain at the parent facility (CCCCalifornia Correctional Center/SCCSierra Conservation Center). The Camp Commander shall understand objectives of the cooperating agency and work with them as a liaison officer toward reaching mutual respect and cooperative understanding. The Camp Commander has direct responsibility for all phases of the camp program which shall consist of, but is not limited to, the following:

• Acquisition, preparation, and inventory of food supplies, clothing requirements, and canteen supplies.

• Recreational and in-camp leisure activities of the inmates.

• Housekeeping of buildings occupied by Department personnel.

• Maintenance of the custody and security of inmates assigned to their camp.

A Sergeant is the assistant to the Camp Commander and reports to them. The Sergeant acts as Camp Commander during that person’s absence from the camp.

Officers, during their duty hours, supervise and control inmates at the direction of the Camp Commander and Assistant Camp Commander.

Note: Personnel assigned to the Conservation Camps shall be regulated by the same conditions of employment that apply to all other employees of the Department. Each camp is a branch of the facility that maintains it and all pertinent rules, regulations, and laws apply.

Listed below is the CDF personnel assigned to each Conservation Camp.

• Camp Division Chief. Shall be in charge of all forestry activities at a Conservation Camp.

• Assistant Division Chief. Shall be assigned to camps which have 100 or more inmates.

• State Fire Captains (B). Shall be assigned to a ranger unit fire control position and may supervise inmates on a temporary basis on work projects or on the fire line and shall be equally responsible for inmates assigned to them for work.

• Heavy Fire Equipment Operators. Are assigned to operate and repair the CDF in-camp vehicles and to operate heavy equipment on conservation projects and fires. They may also be assigned to supervise in-camp inmates on in-camp work projects.

Listed below is LACCalifornia State Prison, Los Angeles County personnel that may be assigned to Conservation Camps located in Los Angeles County:

• Fire Captain. Shall be in charge of all fire and project activity in the camp.

• Fire Fighter Specialists. Shall supervise the inmates assigned to them for work.

Inmates are assigned to a camp from approved departmental lists. Selection of specific camp assignments is made on the basis of population needs and needs of the inmate, in line with departmental regulations.

The Classification Committee carefully evaluates the escape potential of inmates assigned to a camp. Inmates sometime present a different appearance when behind walls or under constant surveillance than they do in minimum custody camp surroundings. This difference often becomes apparent to the correctional camp personnel. Therefore, the correctional camp employees need to carefully study assigned inmates and return to the facility those inmates who they believe to be escape-risks. Such returned inmates should not constitute a large percentage of the camp population.

Camp personnel orient inmates upon arrival at a camp. The orientation schedule shall be in writing and filed in the Camp Commander’s office. The orientation shall include, but is not limited to, the following:

• Camp living rules.

• Assignments.

• Project policies.

A Graphic Arts Form 134, Camp Register, is maintained to record all pertinent, necessary, and important events which take place in the camp setting. The Camp Commander shall see that the Camp Register is properly maintained.

The CCRs provide the authority by which the Camp Commander establishes camp boundaries. These boundaries determine the limits of authorized inmate traffic. The establishment of camp boundaries shall give consideration to the cooperating agency’s (CDF/LACCalifornia State Prison, Los Angeles County) needs.

• The meaning of the camp boundary signs shall be explained so that the boundaries are understood by all inmates. Inmates shall be required to sign a CDC Form 142, Camp Affirmation. The signature of the inmate shall be witnessed by a camp correctional staff member, then placed in the inmate’s file.

Inmate work projects are planned and supervised by the cooperating agency, pursuant to PCPenal Code 2780, but are approved for custodial security and safety by the Camp Commander. Work projects shall not be permitted in areas that present undue escape hazards, civilian contacts, or which cannot be subject to adequate health, safety, and security precautions.

A CDC Form 101, Work Supervisor’s Report, is completed monthly by the agency crew foreman on inmates assigned to them. The CDC Form 101s are routed to the Camp Commander and forwarded by them to the respective facility’s records office for posting on CDC Form 109, Work Report Chrono Sheet.

• Class grade, report forms, and reporting periods are prescribed by the Department. It is recommended that cooperating agency personnel keep a daily record of the work and attitude of each inmate under their supervision.

There shall be at least four formal camp counts of inmates in each 24hour period. (Refer to formal counts in DOMDepartment Operations Manual 52020.)

Inmates shall be counted upon mounting and dismounting vehicles and going to and returning from any place outside the camp or facility. Agency crew foremen shall make counts of inmates in their custody at frequent intervals and shall count the inmates before leaving camp and upon returning to camp. Counts are required at least once during the morning, lunch time, between lunch and the end of the work day, departure from the work area, and at other times recommended by the Camp Commander.

Emergency counts may be necessary at any time to determine if there has been an escape or to identify an escapee(s). (Refer to DOMDepartment Operations Manual 52020 for additional information on emergency counts).

Transfer of custody of inmates to normal work projects shall be at a mutually agreed place and in the following manner:

• The CDF camp office submits to the Department each evening a crew list which contains the names and identification numbers of the inmates, the name of the crew foreman, and the location of the projects for the following day’s crew assignment.

• Employees of each cooperating agency shall count the inmates onto the conveyance taking them to work, or as a group of workers if they walk to the project. Cooperating agency personnel maintain custody of inmates until returned to the custody of the Department.

• Custody cannot be transferred unless the inmate is physically present at the time of transfer.

• The Department supplies the cooperating agency with a picture of each inmate assigned to the camp and shall furnish the agency crew foreman with a picture of each inmate assigned under their supervision.

• Normally, inmate crews shall not be divided to allow a portion of the crew to work under the supervision of a person not employed by a cooperating agency or the Department. Under some circumstances this may be allowed but only when specifically authorized by the cooperating agency staff person or correctional employee in command.

• Inmate crews may be assigned under supervision of employees of agencies other than the CDF, LACCalifornia State Prison, Los Angeles County, and Department only after the specific employees have been instructed in the supervision of inmates.

Department employees administer inmate discipline in Conservation Camps. The disciplinary process is governed by the provision of the CCRs.

The Camp Commander of a Conservation Camp shall consider and take action on all disciplinary infractions that occur in the operation of the camp. Serious violations may be referred to the Chief Disciplinary Officer of the parent facility. (Serious violations for female inmates may be referred to the Chief Disciplinary Officer at the appropriate female facility.) The Camp Commander may receive assistance from the Division Chief or a department head of other cooperating agencies or their designated representative in the hearing of these disciplinary matters. Correctional Counselors assigned to the camps may also participate in the hearings.

Each Conservation Camp shall have an appropriate number of revolvers and related equipment. These weapons shall be carried by Department personnel in the pursuit of escapees and walkaways. Arrangements shall be made by the Camp Commander to store these weapons outside the confines of the camp.

PCPenal Code 4574 specifically prohibits the bringing into any State facility, Conservation Camp, or place where prisoners of the State are located any firearms or deadly weapons. It is recognized that certain peace officers and others who may use firearms in their assignments will find it necessary to enter a Conservation Camp. Every possible effort shall be made to advise these persons to store their weapons before entering the camp.

When this is not feasible or practical, these weapons shall be stored in a secure location.

The incident plan (refer to DOMDepartment Operations Manual 51030) and escape plan (refer to DOMDepartment Operations Manual 55040) are maintained on file in the Camp Commander’s office. The Camp Commander carries out the mandates of the incident and escape plan and submits the necessary reports.

Two copies of a report covering escapes and/or incidents which occur in the Conservation Camp Program, and especially in those cases in which a CDF employee is involved, shall be forwarded to the Regional Chief of the district in which the camp is located. This affords CDF an opportunity to keep fully informed and take proper action with regard to its employees. Likewise, department heads of other cooperating agencies shall be informed regarding incidents and/or escapes involving their personnel.

The Camp Commander and the Division Chief or the department head of other agencies mutually develop and maintain a plan for the prevention and suppression of fires in camp. Included in the plan shall be a trained crew to operate the camp security fire truck in the event of an in-camp fire.

The Department and cooperating agency personnel shall be integrated into an overall campfire plan and each shall be sufficiently trained to activate and head the entire fire protection plan. Fire drills shall be conducted at least once a month and recorded in the Camp Register.

The cooperating agency person in charge and the Camp Commander shall make monthly inspections of the entire camp area for the purpose of determining the adequacy of fire protection measures and equipment provided and to note conditions which might constitute a fire or safety hazard. All such inspections shall be recorded in the Camp Register. Steps shall be taken immediately to eliminate fire and safety hazards.

Vehicles specifically assigned as “in-camp fire protection units” shall be accessible and equipped to be readily operable by any individual authorized and trained in the campfire protection plan.

The transportation of inmates to and from work projects, fires, emergency projects, the conservation centers, and/or other facilities of the Department shall be in vehicles properly equipped to provide safety and comfort in accordance with applicable safety, VCVehicle Code provisions and CCRCalifornia Code of Regulations 3443 and 3444.

Inmates may also be transported by airplane or helicopter, providing that such inmates are not taken outside the State of California.

Inmates may be transported across the California-Nevada State line when traveling from one facility of the Department to another (emergency fire camps are considered to be a facility of the Department) when necessary and are subject to all California laws while being transported. Inmates shall be accompanied by a Department officer. (Reference: PCPenal Code 5080 and the provisions of Nevada Revised Statutes, Chapter 212.10.)

• During declared fire emergencies, the Director may allow the Director of the CDF to use inmates for fire suppression efforts outside of the boundaries of California, not to exceed a distance in excess of 25 miles from the California border, along the borders of Oregon, Nevada, or Arizona.

The operation of vehicles by inmates and conveyance of inmates are governed by the CCRs. All vehicles transporting inmates shall be equipped and operated to comply with the VCVehicle Code. Inmates may operate vehicles in camp with the prior approval of the Camp Commander. Only personnel having a valid driver’s license of the appropriate class shall operate State vehicles.

All parked vehicles, except in-camp fire protection vehicles, shall be locked with the switch key removed. At fire camps or on fire lines, the keys shall remain in the vehicles. Duty correctional personnel shall inspect all parked vehicles for compliance with the above rules.

Department employees may request the use of a cooperating agency vehicle when use is economical to the State or for an emergency.

The Department operates a feeding program that assures the inmates an adequate diet.

This is accomplished by establishing a food control program based upon a ration of each food item sufficient in quantity to maintain an adequate diet and assure a menu pattern which is acceptable to the inmate population. By controlling the quantity of food available, inmates are continually assured an acceptable diet regardless of the cost for the food. This practice shall eliminate the scarcity of food items caused by a sudden increase in price of a particular food item.

The Camp Commander of each camp directs the operation of the food service program. This includes the preparation of menus, requisitioning of food and other supplies, and receiving and storing the items. The Camp Commander shall study, and have immediate knowledge of, the food ration and the implementation problems. (Refer to DOMDepartment Operations Manual 54080.) The Camp Commander shall receive technical assistance from the Food Manager of the facility and Supervising Cook assigned to the camp program.

• Nutmeg, yeast, mace, or any food item which could be considered dangerous in the inmate population are kept under lock and key by the Camp Commander. The Camp Commander shall provide these items to the inmate cook and/or baker on an as-needed basis.

• Camp fire crews returning at odd hours from a fire and other camp fire fighting crews using the camp as a staging area are to be fed a fire ration meal. The Camp Commander shall be notified at least three hours in advance if possible after the decision has been made to use the camp facilities. Authorization for fire meal reimbursement from cooperating agency shall be accomplished at the time of service.

• A complete inspection of the culinary department shall be made daily. The cleanliness of the kitchen and dining room is of vital importance to the welfare, health, morale, and success of each camp. The Camp Commander or designee shall assure that food preparation inmates use good personal hygiene and are well groomed and properly clothed (including head covering).

A clothing ration has been established to properly clothe each inmate in the camp program. Inmate clothing shall be restricted to the items listed in DOMDepartment Operations Manual 54060.

• Special clothing items required for special assignments and emergency laundry services may be purchased by the Camp Commander.

The policy and procedures contained in CCRCalifornia Code of Regulations and DOMDepartment Operations Manual 74070 shall guide the Camp Commander in releasing inmates from camp. The Camp Commander may delegate the prerelease duty to the Sergeant or Officer.

The public information section (DOMDepartment Operations Manual 13010) and the CCRs shall govern the Camp Commander’s action in this area. The Camp Commander shall develop a public information and community relations policy and submit it to the Warden for approval. There shall be no deviation from the approved policy, except by permission of the Warden.

• It is mutually beneficial for camp inmates to receive positive publicity for their work efforts. The Camp Commander shall join the cooperating agency in fostering positive inmate publicity.

Conservation Camps have always made special efforts to be good neighbors and to support local community needs. This “good neighbor policy” shall be pursued within the guidelines of the CCRs.

Wardens of facilities administering camps may permit the inmates to donate blood to the American Red Cross, the armed services, local blood banks, or other legitimate charitable purposes. Such drives may be permitted under the supervision of their authorized representative.

Camp inmates may participate in fund-raising campaigns in accordance with provisions of DOMDepartment Operations Manual 101080.

Inmates may donate as much of their free time as they wish, commensurate with their daily assignments, to the repair of toys for orphans or other needy children.

Materials and equipment needed to perform this service shall be from a source other than State issue. Inmates shall not supply personal material or equipment for toy repair service.

Each camp able to provide inmate athletic competition is encouraged to engage local teams. Games shall be played on the camp recreation field only and are subject to DOMDepartment Operations Manual 101040.

Camp inmates may exhibit arts and crafts work at local gatherings, fairs, and other community functions. Such exhibits are subject to the CCRCalifornia Code of Regulations, DOMDepartment Operations Manual 101050, and PCPenal Code 5006.

The CCRs and DOMDepartment Operations Manual Chapter 9 shall govern medical and dental services in camps. The Camp Commander shall make arrangements with a local physician(s) and dentist(s) to perform emergency care. Inmates in need of major non-emergency medical or dental treatment shall be returned to the appropriate facility.

Ambulance service and treatment for seriously ill or injured inmates shall be arranged by the Camp Commander at a local nearby hospital. The Camp Commander shall advise the CMOChief Medical Officer or Medical Officer-of-the-Day at the parent facility. Serious health emergencies shall be reported, as are other emergencies.

If an inmate becomes seriously ill or is seriously injured while under the supervision of a cooperating agency, the Fire Captain or other appropriate department head shall immediately notify the Camp Commander so that immediate steps may be taken to care for the inmate. The Fire Captain shall complete a CDC Form 620, Inmate Accident Report, and submit it to the Department.

Sufficient supplies of CDC Form 620 shall be maintained by the Department and supplied to the cooperating agencies to comply with this directive.

Inmates who become disabled resulting from injuries received while engaged in fire suppression activities may be eligible to receive benefits as prescribed in LCLabor Code 3365 and 4458. Within one work day of their injury or within one work day after staff became informed of their injury, inmates shall be provided with a SCIFState Compensation Insurance Form Form 3301. Injuries suffered by inmates shall be reported on copies of SCIFState Compensation Insurance Form Form 3067, Employee’s Claim For Worker’s Compensation Benefits, without delay. The Department and the cooperating agency shall cooperate in providing the proper reports to cover the details of the injury.

If an apparent death of an inmate occurs during their assignment away from the Conservation Camp, the Camp Commander shall contact the nearest physician for medical assistance. If the inmate is pronounced dead by the physician, the coroner shall be notified before the body is moved and the coroner’s instructions shall be followed. The Warden of the parent facility shall be notified and further instructions requested. After the release of the body by the coroner and further instructions from the Warden, the body shall be turned over to a licensed undertaker nearest the community where the death occurred (in accordance with DOMDepartment Operations Manual 51070).

• A complete incident report shall be submitted to the Warden of the appropriate facility without delay.

Medical supplies shall be prescribed and approved by the CMOChief Medical Officer for use by Department personnel in administering routine medications and minor first aid to inmates in the camp.

• A standard first aid application book shall be kept in the Camp Commander’s office. All camp employees are required to complete a basic course in first aid and cardiac pulmonary resuscitation.

The appropriate facility CMOChief Medical Officer shall inspect each camp at least once each year for sanitation and proper sanitation practices. The Camp Commander may request additional inspections as needed.

To maintain uniform pay scales for inmates assigned to the Conservation Camps, the following standards have been established:

• The Camp Commander shall assure accuracy of inmate payrolls and establish auditing procedures to ensure inmates are paid according to their length of service, performance, and assignment.

Each camp has an in-camp pay committee. The committee determines the promotion and/or demotion of inmates in the various pay grades. This committee shall administer the monthly pay allocations and stay within the prescribed limits for their camp. This monthly pay allocation is provided by the parent facility, usually at the beginning of each fiscal year.

• The committee is composed of the following camp personnel, or in their absence, the designated representatives of each department:

  • Camp Commander or their assistant.

  • Cooperating agency person in charge.

• The committee shall meet as necessary to consider the recommendations of both departments. The Department employee in charge shall maintain adequate records.

The pay period is based on the calendar month and inmates are compensated for each day’s work within the month. The standard project workweek is five eight-hour days, Monday through Friday, with Saturdays, Sundays, and approved holidays off.

• Inmates shall be paid for emergency work on an hourly basis. This pay commences at the time of dispatch to the emergency and continues until the inmate has returned to their camp. (Refer to PC2782 and PCPenal Code 2785.)

The specific rate per hour is established by the Department.

• Grade I – $1.45 per day:

  • The majority of camp inmates shall be assigned to this grade.

• Grade II – $1.67 per day:

  • Skilled and experienced grade workers and a selected number of in-camp inmates shall be assigned to this grade.

• Grade III – $1.95 per day:

  • A limited number of skilled inmates who have been given special assignments shall be included at this level.

• Grade IVIntravenous – $2.56 per day:

  • This pay grade is reserved for a very limited number of highly-skilled journeyman level inmates.

• Grade V – $3.90 per day:

  • Two positions in each outlying camp are designated for the first cook at this pay grade.

• Emergency Fire Fighter – $1.00 hourly:

  • Reimbursed by the State Emergency Fund.

The procedure for the cooperating agency to report inmate emergency time for reimbursement and payment of inmates shall be on appropriate forms as prescribed by the parent facility.

• The Department shall invoice the cooperating agency within 60 days of each event based upon the actual expenditures for inmate and camp employee pay for fire overtime.

The CDF Regional Chief shall inform the Camp Division Chief of the procedure for dispatching Conservation Camp crews to all emergency activities. Dispatching of crews shall be in accordance with existing State, Region, and Ranger Unit procedures. When calls are received dispatching inmate crews from camp, or off regular work projects to emergency fire duty, the information shall be shared immediately with the Camp Commander, or the Department person in charge, to permit that person to determine custodial coverage by the Department. To the extent possible, the information passed on shall include the time of the dispatch call, destination, and any other pertinent information. The “home camp staff” shall be advised of crew location changes through appropriate dispatch channels.

When the crews are in camp, the Department shall assemble the crews and employees of both agencies and count the inmates onto the trucks or buses. At that time, the cooperating agency takes custody of the inmates. Should a Department employee accompany, custody of the inmates is a mutual responsibility.

Upon completion of the emergency assignment, all trucks and buses shall be thoroughly searched prior to leaving the emergency camp by both the Department and the cooperating agency.

Under no circumstances shall emergency camp equipment or supplies, except for properly secured lunches and other items normally carried, be allowed on the vehicle.

Fire control and suppression are a major part of the Conservation Camp Program. When a fire is in progress and of such proportions to require a supporting emergency fire camp, the cooperating agency shall have a prescribed organization that operates the camp and directs suppression activities.

The following organization guidelines are established to cover the Department’s employee participation in the emergency fire camp organization:

• Appropriate camp Captain shall appoint a Department Agency Representative. The Department Agency Representative shall report to the Captain in all matters pertaining to the custody, safety, well-being, deportment, and support of the inmates regardless of the origin of the crews.

• The Department Agency Representative shall maintain contact with the cooperating agency fire camp operation through their Inmate Crew Coordinator.

• The Department Agency Representative shall coordinate all Department operations, assign Department employees to supervise various in-camp functions and other security assignments as jointly determined by the participating agencies, and shall act as the Department’s PIOPublic Information Officer working with Fire Information Officers.

• Typical examples of assignment areas which may be given by the Department Agency Representative are as follows:

  • Emergency transportation.

  • Bedding area.

  • Kitchen area.

  • Motor pool area.

  • Security patrol.

Each inmate shall be issued a fire bag (supplied by the cooperating agency) including the clothing items listed below (supplied by the Department) and shall be maintained in a clean and orderly manner for use by the inmate when on extended fire suppression assignment in emergency fire camps:

• Men

  • 3 undershirts.

  • 3 shirts.

  • 2 towels.

  • 2 handkerchiefs.

  • 3 pair undershorts.

  • 3 pair jeans.

  • 4 pair socks.

  • 2 belts.

• Women

  • 3 undershirts.

  • 3 brassieres (cotton, no metal stays).

  • 3 shirts.

  • 2 towels.

  • 2 handkerchiefs.

  • 3 pair underpants (cotton).

  • 3 pair jeans.

  • 4 pair socks.

  • 2 belts.

This issue of clothing is in addition to the regular clothing issue. The fire bag should also include personal health items required by the inmate for their personal hygiene needs.

On large forest fires requiring additional non-fire suppression support crews, the Department shall supply, if available, inmate Community Work Crews directly from its facilities. It is understood that inmate Community Work Crews available for non-fire suppression support shall be utilized by either the CDF or other forest protection agencies which have entered into an agreement with the Department. It is further understood that:

• To avoid confusion in dispatching, all requests for inmate Community Work Crews shall be directed to the Department Conservation Camp Coordinator in Sacramento.

• No request for inmate Community Work Crews shall be made by a cooperating agency without careful prior consideration being given as to whether regularly established Conservation Camps are being utilized to the fullest extent possible.

• Transportation from the facilities or other correctional establishments to the fire support work site, provided by the Department or the cooperating agency, shall be by bus or other conveyance equipped with seats for all inmates to be transported, and all safety laws and regulations shall be observed in such transportation.

• If the Department does not have transportation available, CDF shall furnish transportation to and from the facilities.

Notwithstanding Public Resources Code Section 4155, CDF shall supply and prepare sufficient food and blankets (for sleeping purposes) and reimburse the Department for all direct and indirect costs associated with the preparation, dispatch, care, custody, and clothing of inmates in order to make them available to CDF for such assignments.

Reimbursement for costs borne by the Department shall include:

• The payment of emergency overtime hourly rate per inmate as agreed between cooperating agency and the Department. Such payment shall include:

  • The time traveled to and from the fire.

  • From the facility.

  • All work time and off-duty time between work periods on or near the fire.

• All Department employees’ payroll costs in connection with a specific fire. This includes, but is not limited to, the following:

• Custodial coverage.

• Transportation.

• Employees’ time for supervision and administration, delivering supplies, transporting sick or injured inmates.

• Disciplinary problems with inmates.

• Preparing and serving meals to inmates leaving for or returning from fires at irregular hours.

• Employees’ standby time when called in to prepare fire crews for dispatch and the standby is subsequently canceled.

• All invoices submitted to the cooperating agency by the Department for activities contemplated hereunder shall be computed in accordance with the SAMState Administrative Manual 8760. Invoices shall be submitted to the cooperating agency in the district for which services were performed on a specific individual fire basis, in a form agreed to by the cooperating agency and the Department, and shall be submitted within 60 days of the cessation of activities contemplated hereunder.

CDC may furnish to a cooperating agency fire apparatus that is under its control and possession when the request originates with the cooperating agency for fire suppression on “State responsibility lands” and contractual fire protection.

The Department shall furnish a qualified employee (fire suppressiontrained) to drive every truck furnished and shall furnish two fire-trained inmates or two trained employees to serve as crew persons on each fire truck.

CDF shall reimburse the Department for costs of all employees and inmates furnished in accordance with the following rates and conditions:

• Pay rate to commence at the time the apparatus leaves the facility and stop upon its return thereto.

• Payment shall include the travel time to and from the fire from the facility and all work time.

• A CDC employee assigned to the fire apparatus shall maintain timekeeping records for the employees and inmates. The employee shall have the cooperating agency fire unit official certify the accuracy of this timekeeping before leaving the fire area.

• Hourly rate for employee and inmate labor shall be paid to CDC at the termination of the emergency assignment, upon receipt of invoices certified by the Warden or by the authorized representative of the facility concerned.

CDF shall furnish gasoline, when available, for trucks furnished and operating in the fire area.

The cooperating agency shall not be held liable to CDC for any loss or damage to equipment or apparatus furnished.

The Deputy Director, Institutions Division, or designee shall be responsible for ensuring that the contents of this article are kept current and accurate.

PCPenal Code §§ 2701, 2780, 2781, 2782, 2785, 2787, 2788, 2792, 4754, 5080, and 6200 through 6208.

CCRCalifornia Code of Regulations (15) (3) §§ 3266, 3294, 3294.1, 3294.2, 3295, and 3380(a).

SAMState Administrative Manual § 8760.

PRC § 4155.

LCLabor Code §§ 3365 and 4458.

Nevada Revised Statutes Chapter 212.10.

DOMDepartment Operations Manual §§ 13010, 51030, 52020, 53070, 53110, 54060, 54080, 55040, and 74070.

The California Code of Regulations (CCRCalifornia Code of Regulations) includes a disciplinary process and approved chain of evidence or controlled substance-related offenses by inmates. The CCRCalifornia Code of Regulations also prohibits employees and visitors from being under the influence of, or possessing, alcohol or controlled substances while on any California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) institution, camp, contract health facility, or community correctional facility.

Each Warden and Regional Parole Administrator (RPARegional Parole Administrator) shall ensure that procedures for preventing the introduction of controlled substances and alcohol into their jurisdiction are in place and enforced.

Each Warden and RPARegional Parole Administrator shall ensure that any controlled substance that is confiscated in their jurisdiction is recorded, stored, tested, and disposed of in accordance with applicable laws.

This section establishes standard procedures for recording, storing, field testing, and disposing of controlled substances. This section also establishes a procedure to ensure that all urine samples obtained from inmates for laboratory analysis are collected and processed in a uniform method which consistently maintains the approved chain of evidence.

The CDCRCalifornia Department of Corrections and Rehabilitation utilizes a variety of methods for testing inmates and parolees to detect the use of controlled substances and alcohol, and responds to confirmed positive tests with sanctions, interventions, or both. The purpose of the testing, sanctions, and interventions are to reduce drug use,  hold  individuals  accountable  for  their  actions,  provide  opportunities  for  long-term  recovery  from  addiction,  and  increase  institutional  security  and  public  safety.  All CDCRCalifornia Department of Corrections and Rehabilitation inmates and parolees are subject to testing.

Controlled Substance

Controlled Substance means any drug, narcotic, opiate, hallucinogen, depressant or stimulant as defined by Health and Safety Code (H&SCHealth and Safety Code), Division 10, Chapter 1, section 11007. Also included are prescribed medications containing any of the substances identified in H&SCHealth and Safety Code, Division 10, Chapter 1, section 11007.

Controlled Medication

Controlled Medication means any drug which is prescribed by a physician and is given to a patient in controlled dosages.

Distribution and Distributing

Distribution and Distributing mean the sale or unlawful disbursing, by an inmate or parolee, of any controlled substance, or the solicitation of, or conspiring with others in arranging for, the introduction of  controlled substances into any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility,  or community correctional facility for the purpose of sales or distribution.

Laboratory

Laboratory means any toxicological or criminalistics laboratory which has been recognized by the state, other certifying agency, or which is accepted by any local, county, or state prosecuting authority to provide evidence as to the presence of controlled substances in human bodily fluids or to confirm that a substance is or contains a controlled substance.

Possession, Distribution of Controlled Substances or Controlled Medications

Inmates are prohibited from possessing, injecting, ingesting, or otherwise introducing into their body any controlled substance, controlled medication, or intoxicant while incarcerated or under the supervision of CDCRCalifornia Department of Corrections and Rehabilitation without specific authorization to do so from a licensed CDCRCalifornia Department of Corrections and Rehabilitation or contract physician  or  psychiatrist.   Inmates  are  prohibited  from  distributing,  exchanging,  soliciting, or arranging for the introduction of controlled substances or controlled medications into any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility. Visitors are prohibited from possessing or being under the influence of any intoxicant or controlled substance while on or within any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility.

Under the Influence of Controlled Substance or Intoxicants

Inmates are prohibited from being under the influence of alcohol, controlled substances, or other intoxicants not defined as a controlled substance, in any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility.

The CDCRCalifornia Department of Corrections and Rehabilitation shall prescribe the products, equipment, and methods for testing suspected controlled substances or alcohol. Field or on-site testing shall be conducted by trained personnel only.

Field tests may be performed on any suspected controlled substance found on institution property, in the possession or under the control of any inmate, or persons other than inmates who come on any CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community correctional facility. Field tests of urine samples may be performed as a screening process prior to laboratory testing.

A sobriety test shall be conducted when there is reasonable suspicion the inmate may be under the influence of a controlled substance or alcohol.

All narcotic field test kits and methods shall be approved by the CDCRCalifornia Department of Corrections and Rehabilitation.

Approved departmental testing methods are as follows:

• Field or On-Site Testing – The testing of confiscated suspected controlled substances.

• Urine Testing – The securing of a urine sample from inmates for the purpose of testing for the presence of controlled substances or alcohol that the inmate has ingested, inhaled, or injected into their body.

• Sobriety Testing – The testing of physical indicators such as slurred speech, dilated pupils, or impaired mobility which indicate that the inmate is under the influence of a controlled substance or alcohol.

Records shall be maintained which document seizures of all controlled substances listed in H&SCHealth and Safety Code, Division 10, Chapter 2, sections 11054, 11055, 11056, 11057, or 11058, and substances confirmed to be controlled medication.

The seizure of any controlled substance or alcohol shall be documented in an evidence logbook to be maintained by each CDCRCalifornia Department of Corrections and Rehabilitation institution, camp, contract health facility, or community health facility. The documentation shall include the CDCRCalifornia Department of Corrections and Rehabilitation number and name of each inmate from whom controlled substances are confiscated; the name, title, address, and identification number of any other person(s) from whom controlled substances are confiscated; the type of substance(s) that were confiscated; the amount (by volume or weight) of each substance that was confiscated; the place where the substance(s) is to be stored; the disposition of each substance; and whether or not the substance is being held as evidence for prosecution purposes.

Inmates shall not possess controlled medication in quantities exceeding the dosage specifically authorized by institution or facility health care staff, nor shall an inmate possess controlled medication prescribed to another inmate.

Identification of Controlled Medication

The identification of intact controlled medication may be confirmed by a licensed pharmacist and that confirmation may be used as evidence in a disciplinary hearing.

Inmates shall not use or possess any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming into the human body a controlled substance as identified in H&SCHealth and Safety Code, Division 10, Chapter 1, section 11014 or for the fermentation or distillation of alcohol.

The securing of a urine sample from an inmate, for the purpose of testing for the presence of controlled substances or for the use of alcohol may be done for the following reasons:

• Random Selection – When mandatory random testing is known to the inmate to be a condition for the inmate’s participation in a specific program, assignment, or activity.

• Suspect – When there is reasonable suspicion to believe the inmate has possessed, distributed, used, or is under the influence of a controlled substance or alcohol.

• Mandatory Random Drug Testing (MRDTMandatory Random Drug Testing) – As part of an authorized disposition of a disciplinary hearing pursuant to CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, subsections 3315(f)(4)(A)-(C).

• Mandatory Random Urinalysis Program – The inmate is selected by the Department’s mandatory standardized random drug testing selection process, in where a small percentage of inmates are randomly selected at predetermined regular intervals (e.g., daily, weekly) from a data file produced from the Department’s Strategic Offender Management System.

Random testing shall be conducted a minimum of four days per week. Random selection shall be made by a computer program which assures the random nature of the selection. Inmates shall be tested each time they are selected, regardless of the inmates’ last test. Inmates shall not be subject to additional disciplinary action for a positive test if that positive test is cumulative evidence of a previously charged disciplinary action.

To determine the inmates to be tested on each day of testing, the CDCRCalifornia Department of Corrections and Rehabilitation numbers of the population subject to testing are entered into the computer program, and the program is adjusted to produce a selection equal to the percentage of the population to be tested on that day, according to the reason for the random selection, as follows:

Mandatory Random Drug Testing Population
Inmates subject to MRDTMandatory Random Drug Testing as described in DOMDepartment Operations Manual subsection 52010.12(a)(3) are subject to random testing according to the following frequencies:

• First Offense – The inmate shall be retested within 90 days.

• Second and Subsequent Offenses – The inmate shall be placed in the MRDTMandatory Random Drug Testing program and must provide one random drug test every 90 days for one year. With each subsequent positive test and guilty finding, the Senior Hearing Officer shall reset the mandatory testing period.

Inmates found guilty of a rule violation related to the use, possession, sale, distribution, or introduction of controlled substances, drugs, or drug paraphernalia, or refusal to submit to a test for controlled substances, shall be placed on the institution’s MRDTMandatory Random Drug Testing list.

The institution Drug Testing Coordinator (DTCDrug Testing Coordinator) shall establish and maintain the MRDTMandatory Random Drug Testing list and schedule.

Inmates placed on MRDTMandatory Random Drug Testing shall be subject to MRDTMandatory Random Drug Testing in accordance with CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, subsections 3315(f)(4)(A)-(C).

The hearing official shall document the testing requirements on a CDCRCalifornia Department of Corrections and Rehabilitation Form 1879,  Notice of Mandatory Random Drug Testing Requirements. The original document shall be scanned into the inmate’s Electronic Records Management Systems file and a copy maintained by the DTCDrug Testing Coordinator. If the inmate transfers prior to completion of the MRDTMandatory Random Drug Testing period, the receiving institution shall impose the remaining MRDTMandatory Random Drug Testing period upon classification review.

Each institution shall designate a DTCDrug Testing Coordinator at the rank of sergeant or above. The DTCDrug Testing Coordinator is responsible for:

• Monitoring the procedural operation of this section.

• Ensuring inmates found guilty in a disciplinary hearing of a drug-related offense are placed on the institutional MRDTMandatory Random Drug Testing list.

• Ensuring inmates placed on the MRDTMandatory Random Drug Testing list are  tested  CCRCalifornia Code of Regulations,  Title  15,  Division  3,  Chapter 1, Subchapter 4, Article 5, subsections 3315(f)(4)(A)-(C).

• Approving and reviewing the accuracy of the MRDTMandatory Random Drug Testing list prior to testing.

• Reviewing all drug testing logs for accuracy and completeness.

• Ensuring all staff involved in the drug testing process are properly trained.

• Ensuring that the institution maintains a sufficient stock of sample bottles, lids, and labels.

Only staff properly trained and certified in the collection and processing of urinalysis samples shall be involved with the urine testing process.

Staff observing the collection of the urine sample shall be of the same gender as the inmate being tested.

The securing of a urine sample from an inmate for the purpose of testing for the presence of controlled substances or for the use of alcohol shall be conducted in accordance with CCRCalifornia Code of Regulations 3290(c).

When collecting the urine sample, staff shall ensure that reasonable security is maintained, consideration is given to the privacy of the inmate, and the test is conducted in a sanitary manner.

All urine collection shall be conducted in an area designated by the Warden.

Pre-Collection Duties

• The following functions shall be completed prior to the collection of the urine sample(s):

  • Prior to the test, staff shall conduct a thorough search of the area used to obtain the urine sample before the inmate enters the area. All potential contaminants shall be removed prior to the collection of the urine sample.

  • Establish positive identification of the inmate by picture identification card.

  • Ensure the inmate providing the sample removes any unnecessary garments or personal property and leaves these items outside the collection area.

  • The staff member collecting the urine sample shall inform the inmate of the reason(s) for requesting the urine sample. The inmate shall also be informed a refusal to provide a urine sample shall result in disciplinary action.

  • An inmate claiming the urine test may be affected by a prescription medication shall be offered a CDCRCalifornia Department of Corrections and Rehabilitation Form 7385, Authorization for Release of Protected Health Information, in order for staff to obtain a copy of their Medication Administration Record (MARMaster Assignment Roster) for later review. The inmate shall still be required to provide a urine sample.

Collection of Urine Sample

• Staff shall adhere to the following process during the collection of urine sample:

  • The sample collection shall be conducted in a sanitary setting, using universal precautions.

  • The staff member shall wear disposable gloves during the urine sample collection process.

  • The inmate shall be provided disposable gloves during the urine collection process and have access to clean running water after the urine sample collection is complete.

  • Utilize only sample bottles, lids, and labels provided by the current contract laboratory.

  • Clearly observe the flow of urine into the sample bottle.

  • Ensure the inmate(s) provide at least 20 cc of urine (two-thirds of the sample bottle) in order to adequately accomplish the required laboratory test.

  • After filling the sample bottle, the inmate will be instructed to secure the bottle, rinse the outside of the bottle with cold tap water, and then hand the secured sample bottle to the collecting staff member.

  • The staff member shall place the completed label on the sample bottle.

  • Place a security seal on the sample bottle.

  • The urine sample shall be processed in accordance with institutional procedures, which maintain the approved chain of evidence of the sample. Staff shall adhere to the contracted laboratory procedures when collecting, packaging, and storing urine samples.

  • Reasonable accommodation shall be afforded to inmates with disabilities to facilitate their full participation in drug and alcohol testing as provided in these rules.

  • Gloves used during the urine collection process shall be disposed of according to institutional procedures.

Records of all urinalysis results shall be  maintained  in  the  institution’s  urinalysis  logbook. The MRDTMandatory Random Drug Testing list shall be considered confidential and released to staff on an as needed basis only. Test results shall be logged, maintained, and processed by designated staff.

Inmates shall not refuse to provide an adequate urine sample for the purpose of testing for the presence of controlled substance(s) when lawfully ordered to do so. If the inmate is unable to provide a urine sample, the inmate shall be offered eight ounces of water to assist in providing a urine sample. The inmate shall also be allowed up to three hours, under staff observation, to provide a urine sample. Inmates who refuse or are unable to provide a urine sample shall be subject to disciplinary action in accordance with CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, subsection 3323(h)(5). If an inmate is unable to provide 20 cc of urine, within this time period, this shall be presumed a refusal. An inmate may rebut this presumption during the disciplinary process.

Staff shall request a Basic Drug Panel analysis of the urine sample unless the inmate’s behavior provides reasonable suspicion of other substance use. The Basic Drug Panel will detect the presence of the following substances:

Basic Drug Panel:

• Alcohol.

• Barbiturates (short and long acting).

• Amphetamines.

• Cannabinoids

• Cocaine.

• Codeine.

• Methamphetamines.

• Opiates Morphine (Heroin).

• Phencyclidine (PCP).

• Tetrahydrocannabinol (THC).

Additional urinalysis may be specifically requested to detect the use of the following substances:

• Synthetic Tetrahydrocannabinol (Spice).

• Fentanyl.

• Ethyl Glucuronide (EtG).

The Basic Drug Panel analysis will be conducted on each sample submitted to the laboratory.

To ensure that the integrity of the sample is not compromised, the approved chain of evidence must be maintained during processing and storage of the samples.

Each institution and facility must maintain a lock box for the storage  of  test  samples.  Only designated staff shall have access to the urinalysis lock box keys.

Upon completion of the test, the staff member conducting the test shall secure the sample in the urinalysis lock box.

A urinalysis logbook shall be maintained at each institution, which shall include the inmate’s name, CDCRCalifornia Department of Corrections and Rehabilitation number, date of test and chain of custody of the sample.

Only designated staff shall remove the samples from the urinalysis lock box and forward the samples to the laboratory for analysis. The date the sample was removed, the name of the staff member who removed the sample, and the date the sample was sent to the laboratory shall be entered into the institution’s urinalysis logbook.

Staff must ensure the samples are processed in accordance with the contracted laboratory.

The date that any positive test results are received by the institution or facility shall represent the date of discovery for disciplinary action.

Upon receipt of the laboratory test results, the results shall be logged in the institution’s urinalysis logbook.

The DTCDrug Testing Coordinator shall notify and forward a copy of the laboratory results to the program office where the inmate is currently housed.

The officer who collected the urine sample shall document the results of the positive test on a Rules Violation Report charging the inmate with a violation of CCRCalifornia Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 2, Article 2, section 3016, Controlled Substance, Drug Paraphernalia and Distribution.

Medical Review Process

• Inmates who test positive during the Mandatory Random Urinalysis Program and contend the positive urinalysis test result may have been caused by their prescribed medication(s), may submit a CDCRCalifornia Department of Corrections and Rehabilitation Form 7385 to pharmacy staff in order to obtain a copy of their MARMaster Assignment Roster at any time. Pharmacy staff shall provide a copy of the MARMaster Assignment Roster to the DTCDrug Testing Coordinator. The DTCDrug Testing Coordinator shall contact the contracted laboratory or consult the contracted laboratory’s written guidance to verify whether prescription medications were the cause for the positive test result(s). If it is determined by the contracted laboratory that the positive urinalysis result(s) are consistent with the inmate’s prescribed medication(s) no disciplinary action shall be taken and the result shall not be used for any purpose.

• If it is determined by the contracted laboratory that the positive urinalysis result(s) are inconsistent with the inmate’s prescribed medication(s), the inmate shall be subject to the appropriate disciplinary action.

Upon completion of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1754, the following documents shall be submitted to the court of jurisdiction to obtain a court order for destruction:

A declaration that includes the following statements:

• “I am a peace officer at (facility or parole unit).”

• “The cases are closed.”

• “It is necessary that the items be destroyed.”

• The actual completed court order to be signed by the judge.

• The evidence custodian shall retain a copy of the court order.