Chapter 5 – Adult Custody and Security Operations

52070.18.4 “Inactive” Category

• An inmate housed in general population as a gang member or associate may be considered for “inactive” status when the inmate has had no documented gang activity for two (2) years. If the inmate paroles during this two year period, the parole time may be used in calculating the two (2) years. The “inactive” status can be changed back to (active) member/associate if the Department receives one (1) piece of evidence indicating the inmate has re-involved himself/herself with gang activity.

• An inmate housed in SHUSecurity Housing Unit as a result of his/her gang member or associate status, may be considered for “inactive” status by the Departmental Review Board (DRBDepartmental Review Board).

• Consistent with normal reviews, the IGIInstitution Gang Investigator (see STG Investigator) shall conduct a review of the inmate’s gang status. If it has been determined by the IGIInstitution Gang Investigator (see STG Investigator) that the inmate has had no gang activity for a period of six (6) years, the IGIInstitution Gang Investigator (see STG Investigator) shall submit a request to the SSUSpecial Services Unit to change the inmate’s status to “inactive.” If the SSUSpecial Services Unit concurs with the IGIInstitution Gang Investigator (see STG Investigator)’S recommended gang status change, a new CDC Form 128B-2 shall be issued identifying the inmate as an “inactive” member/associate. Upon issuing a new CDC Form 128B-2 identifying the inmate as “inactive,” the DRBDepartmental Review Board shall be notified by the housing institution. At its convenience, but not to exceed 180 days, the DRBDepartmental Review Board shall meet and consider the inmate for placement in a level IVIntravenous, 180 design housing unit for a period of observation. At the DRBDepartmental Review Board’S discretion, the inmate may be transferred to a level IVIntravenous, 180 design institution.

• If the inmate paroles from the SHUSecurity Housing Unit prior to his/her six (6) year IGIInstitution Gang Investigator (see STG Investigator) “inactive” review, and is then returned to CDCRCalifornia Department of Corrections and Rehabilitation custody on a parole violation or new term, the parole time will be taken into account for the total time. However, if the most recent source of activity used in the inmate’s validation is less than six (6) years old, the inmate shall be returned to SHUSecurity Housing Unit placement until he/she has obtained a minimum of six (6) years without any documented gang activity.

• The “inactive” status may be changed back to (active) member/associate if the Department receives one (1) piece of evidence indicating the inmate has reinvolved himself/herself with gang activity.