Department of Corrections and Rehabilitation - Operations Manual

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Chapter 5 – Adult Custody and Security Operations

Article 22 – Gang Management

Revised September 23, 2005

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52070.19.3 Pre‑Debriefing Miranda Warning Not Given

  • A waiver of the Fifth Amendment right against self-incrimination is not a precondition of a subject undergoing debriefing. Subjects who undergo debriefings are not first given Miranda warnings with the express intent that any information provided shall be used administratively and not against them in a criminal proceeding.

  • Additionally, a pre-debriefing Miranda warning is not deemed necessary because:

    • The subjects shall be debriefed only upon their request (staff may inquire if they want to debrief).

    • Subjects shall not be required to complete their debriefing.

    • Subjects may terminate their debriefing at any time.