Chapter 5 – Adult Custody and Security Operations

The Department provides a graduated system of incarcerated person discipline designed to be administered commensurate with the seriousness of the offense. Discipline shall be so administered as to maintain control, conserve human values and individual dignity and promote socially desirable changes in attitude and behavior.

The incarcerated person disciplinary system incorporates statutory and constitutional mandates and provides essential due process guarantees to ensure fairness and equal application. Departmental staff who participate in and review the incarcerated persons’ discipline system shall ensure that incarcerated person discipline is applied and administered in accordance with procedures provided in this section and in California Code of Regulations (CCRCalifornia Code of Regulations) Title 15, sections 3310 through 3329.

All incarcerated person misconduct shall be handled in accordance with CCRCalifornia Code of Regulations, Title 15, section 3312. Within the body of the RVR, the Reporting Employee must document the elements of the misconduct related to: who, when, where, what, how, and why (if known).

Staff signatures on RVR forms: Staff will primarily sign RVR forms utilizing an approved form of digital signature technology. In the event current information technology to capture the RVR process is unavailable and upon written approval of the hiring authority or designee, staff may use a pen to capture a “wet signature” to sign RVR forms. The use of “wet signatures” should only be used when current information technology is not available. Any “wet signatures” shall be scanned and uploaded to current information technology to document the RVR process, and for record storage in accordance with the time limits outlined in CCRCalifornia Code of Regulations, Title 15, section 3320.

Incarcerated person signatures on RVR forms: Any incarcerated person signature for RVR forms shall primarily be captured utilizing approved digital signature technology. In the event use of a digital signature technology is not feasible, the incarcerated person shall sign the respective form using a pen to capture a “wet signature.” Any “wet signatures” shall be scanned and uploaded to current information technology to document the RVR process, and for record storage.

All RVRs shall be submitted by the reporting employee to their immediate supervisor for review and approval. Supervisory review shall not delay prescribed time limits as outlined in CCRCalifornia Code of Regulations, Title 15, section 3320 for subsequent action in the disciplinary process. Any non- custodial supervisor shall review the RVR for appropriateness, accuracy, and grammar.

Upon supervisor approval, a RVR shall be submitted to designated staff for classification as either administrative or serious as outlined in CCRCalifornia Code of Regulations, Title 15, section 3313.

Upon completion of the hearing portion of the violation charges, an audit of the violation report shall be completed by the Chief Disciplinary Officer (CDOChief Disciplinary Officer).

The audit shall ensure:

• The RVR is complete.

• The serious or administrative classification is correct.

• Due process and time constraints were met pursuant to CCRCalifornia Code of Regulations, Title 15, section 3320.

• Charges and circumstances of offense coincide.

• Assessed credit forfeiture conforms to division of offense and credit loss schedules pursuant to CCRCalifornia Code of Regulations, Title 15, section 3323.

• Findings and penalties were justified by documentation.

• Investigative employee or staff assistant assignment was appropriate.

• A copy of the completed RVR was delivered to the incarcerated person within five working days of audit by CDOChief Disciplinary Officer.

• Developmental Disability Program (DDP) – When time and circumstances allow, the Reporting Employee (RE) provided and documented the incarcerated person’s relevant adaptive supports.

• DDP – RE made the incarcerated person aware of consequences of misconduct when circumstance permitted.

• Disability Placement Program (DPPDisability Placement Plan) incarcerated person was afforded reasonable accommodation, when applicable.

• All evidentiary documents were provided to the incarcerated person at least 24 hours prior to the disciplinary hearing being held, and the incarcerated person was offered the opportunity to view any video evidence at least 24 hours prior to the disciplinary hearing being held.

• A RVR Mental Health Assessment, within the departmental approved record keeping system, which could include, but is not limited to, digital or physical record storage for the incarcerated person, was completed for Enhanced Outpatient Program and higher level of care, Developmental Disability, Correctional Clinical Case Management System – bizarre behavior, (Division A, B, C) Indecent Exposure, and Sexual Disorderly Conduct.

• Any perceived retaliation concerns were addressed.

• Any perceived bias concerns were addressed.

• False reporting issues were addressed, if known.

• RVR was processed correctly.

Within 35 calendar days of the conclusion of the disciplinary hearing, the CDOChief Disciplinary Officer shall complete the audit described in section 52080.3.4 above and perform one of the following:

• Approve the RVR as submitted.

• Order in writing, with a copy to the incarcerated person, the RVR reissued and reheard if:

  • RVR is incomplete.

  • Due process rights were not afforded. Data entry or typographical errors do not constitute a due process violation.

• Amend the RVR classification, penalties, or charge. Any change to the charge must be an included charge that is clearly articulated in the circumstance of the RVR.

All disciplinary methods and actions are subject to the approval of the Warden or their designee. The Warden or designee may set aside, dismiss, order a different action, or order a rehearing of the rules violation upon:

• Their own motion.

• Recommendation of staff.

• Incarcerated person’s request or grievance decision.

Rules violations may also be set aside, dismissed, modified, or ordered re-heard if a grievance or an appeal is granted by the Reviewing Authority as described in DOMDepartment Operations Manual, section 54100.20 and Title 15, section 3480.

The CDOChief Disciplinary Officer duties shall not be designated below the level of Associate Warden. The CDOChief Disciplinary Officer shall:

• Audit the RVR per the DOMDepartment Operations Manual, section 52080.3.4.

• Routinely review the incarcerated persons’ disciplinary records and take corrective action as necessary.

• Review the findings and disposition on every RVR to ensure the following: the incarcerated person’s due process rights were not violated; approve or disapprove the Hearing Official or Senior Hearing Official findings; determine whether findings are supported by the evidence; and independently determine the weight of evidence.

• Be unbiased, review for bias, and correct any bias discovered.

• Identify whether the incarcerated person had a disability using SOMSStrategic Offender Management, and then, evaluate whether the RVR charge is related to the incarcerated person’s disability.

• Identify any guilty findings that may have been the result of false reporting, retaliation, bias, or similar reasons and refer those cases to the Hiring Authority for possible investigation.

• Review the treatment of incarcerated persons confined in the Disciplinary Detention Unit and consider a modification of sentence when evidence indicates that the incarcerated person is ready to conform to the rules.

• Ensure all felonies occurring on institution property, including felony incarcerated person conduct, are referred to the institution’s investigations unit for possible investigation and referral for criminal prosecution.

• Initiate disciplinary proceedings for cases referred for prosecution when an incarcerated person revokes, in writing, a previous request for postponement of the disciplinary hearing; the DA declines prosecution; or court proceedings have concluded.

• Determine the proper senior hearing officer or committee level for Divisions A-1, A-2, and B serious RVR. This determination may be delegated to a captain, CCCorrectional Counselor-III, or PAProgram Administrator-III.

• Provide training in the disciplinary process.

The procedure for voiding a RVR prior to a hearing, other than identified in DOMDepartment Operations Manual, section 52080.5.3 and CCRCalifornia Code of Regulations, Title 15, section 3317.1, shall be:

• Any staff member requesting a RVR to be voided shall submit a memorandum detailing reason(s) to void the RVR to the Facility or Unit Captain for approval. Once the Facility or Unit Captain approves or disapproves the request, the Facility or Unit Captain shall route the memorandum to the CDOChief Disciplinary Officer to review for final determination. If the CDOChief Disciplinary Officer does not approve the request to have a RVR voided, the CDOChief Disciplinary Officer will route that memorandum back to the Facility or Unit Captain detailing the reason(s) why the RVR shall not be voided. If the CDOChief Disciplinary Officer approves to void the RVR, they shall process the request within CDCRCalifornia Department of Corrections and Rehabilitation’s current incarcerated person discipline record-keeping system and return the memorandum back to the Facility or Unit Captain. The CDOChief Disciplinary Officer is responsible to review all memoranda requesting to void any RVRs.

The procedure for voiding a RVR following an approved grievance or appeal shall be:

• If a grievance or appeal decision is rendered to void a RVR or generate a modification order, the CDOChief Disciplinary Officer shall process the request within CDCRCalifornia Department of Corrections and Rehabilitation’s current incarcerated person discipline record keeping system, ensuring any mandatory fields are filled out completely and comments are added to ensure a clear understanding as to why the RVR has been voided and indicating the Allegations Against Staff Tracking System (AASTS) source log number (if available).

If a RVR is determined by a CDOChief Disciplinary Officer to have been falsely reported, the CDOChief Disciplinary Officer shall void the RVR in the interest of justice and include the AASTS source log number (if available) in the RVR comment section in accordance with CCRCalifornia Code of Regulations, Title 15, section 3486.

Managers shall not void a RVR for typographical errors or missing information. When a supervisor is reviewing a RVR and requires additional information to clarify the circumstances around the rule violation, the supervisor shall request the reporting employee submit a RVR supplemental report within CDCRCalifornia Department of Corrections and Rehabilitation’s current incarcerated person discipline record keeping system.

SHOs shall not be designated below the level of an experienced lieutenant or CCCorrectional Counselor-II. Experienced means:

• An employee who is permanent at the designated staff level and who has received ISTIn-Service Training and/or OJTOn-the-Job Training covering the responsibilities of a SHOSenior Hearing Officer, including mental health assessment requirements and observation of a minimum of five actual disciplinary hearings.

• The employee has been certified by the CDOChief Disciplinary Officer or their designee, in writing, as competent to conduct hearings.

A probationary, limited term, or training and development employee meeting the stated criteria and designated staff level may be used. Acting staff whose permanent position is at a lower level than that designated shall not be assigned.

HOHearing Officer duties shall not be designated below the level of an experienced sergeant or CCCorrectional Counselor-I. Experienced is defined in DOMDepartment Operations Manual 52080.3.7.

Changing a Rule Violation Classification shall be done in accordance with CCRCalifornia Code of Regulations, Title 15, section 3313.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3314 for types of misconduct classified as administrative RVRs, hearing official definition and duties, and administrative RVR dispositions.

Staff processing the incarcerated person’s RVR shall ensure any assistance required for an incarcerated person based on criteria outlined in CCRCalifornia Code of Regulations, Title 15, sections 3314 and 3315 is provided.

Staff who serve as a Staff Assistant or Investigative Employee shall do so in accordance with CCRCalifornia Code of Regulations, Title 15, section 3318.

When conducting Serious RVR’s hearings, if a witness is denied for any reason listed in CCRCalifornia Code of Regulations, Title 15, section 3315, the SHOSenior Hearing Officer shall articulate in writing a detailed reason why the requested witness was denied.

When an incarcerated person is housed in a restrictive housing unit, an Investigative Employee shall be assigned regardless of where the alleged misconduct occurred; unless, the charged incarcerated person waives the assignment as outlined in CCRCalifornia Code of Regulations, Title 15, section 3315.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3315 for types of misconduct classified as serious RVRs, definitions and duties of senior hearing officer, investigative employee, and staff assistant, witness information, and serious RVR dispositions.

Serious rule violations shall be heard by an institution disciplinary committee, disciplinary subcommittee, or a senior disciplinary hearing officer.

Any RVR with a guilty finding or guilty of an included offense for refusal or failure to participate in an assigned program shall be referred to a classification committee for program review.

Any RVR with a guilty finding or guilty of an included offense which requires reconsideration of previously prescribed custody, privilege group, work, program or housing assignments, shall be referred to a classification committee for review.

If, during the classification committee review, it is believed that a due process violation has been identified, the committee shall refer the RVR back to the CDOChief Disciplinary Officer for a second review to determine whether the RVR warrants any type of modification. This re-review by the CDOChief Disciplinary Officer shall not inhibit any other classification action except for a Restricted Housing Unit review as a result of the RVR.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3317 for how Mental Health Assessments are a means to incorporate clinical input into the RVR process.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3320 for hearing procedures and time limitations during the RVR process.

Refer to DOMDepartment Operations Manual section 61020.8.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3323.

Rules of the Board of Parole Hearings (BPHBoard of Parole Hearings (formerly Board of Prison Terms)) require that specific acts of an incarcerated person’s conduct be reported to the BPHBoard of Parole Hearings (formerly Board of Prison Terms) when the incarcerated person has an established or anticipated release date.

At the discretion of the BPHBoard of Parole Hearings (formerly Board of Prison Terms), a rescission hearing may be held in conjunction with a disciplinary hearing for conduct that is also reportable to the BPHBoard of Parole Hearings (formerly Board of Prison Terms).

BPHBoard of Parole Hearings (formerly Board of Prison Terms) staff may sit in the fact finding and disposition phase of a disciplinary hearing held in conjunction with a rescission hearing by the BPHBoard of Parole Hearings (formerly Board of Prison Terms), however, they shall not act as fact finders or decision makers in the Department’s disposition of disciplinary charges against an incarcerated person. BPHBoard of Parole Hearings (formerly Board of Prison Terms) staff may participate in the fact finding phase of the disciplinary hearing as deemed necessary to bring out information that will aid them in determining an appropriate action relative to the incarcerated person’s scheduled or anticipated release.

The scheduling of a combined departmental disciplinary hearing and a BPHBoard of Parole Hearings (formerly Board of Prison Terms) recission hearing does not stay the time limits for a disciplinary hearing in which good time credit may be denied on a determinate term of imprisonment.

An incarcerated person may appeal any disciplinary decision or disposition, including the denial of credits, or the process itself by filling out CDCRCalifornia Department of Corrections and Rehabilitation Form 602, Incarcerated/Supervised Person Appeal, and following the procedures outlined in DOMDepartment Operations Manual, section 54100.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3326 for how to process documents at the conclusion of the disciplinary proceedings.

A copy of the completed RVR shall be given to the incarcerated person within five working days following review of the RVR by the CDOChief Disciplinary Officer. The incarcerated person shall be provided a copy of the completed Hearing Results containing the findings, disposition, and evidence relied upon in reaching the conclusions. A copy of the completed Counseling Only RVR shall be given to the incarcerated person within five working days from when it is completed.

A Register of Institution Violations is a compilation of one completed copy of each rule violation report issued at a facility, maintained in chronological order. This registry shall be maintained for five calendar years.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3327.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3328.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3329.

No incarcerated person shall be kept in isolation or in confinement to quarters (CTQConfinement To Quarters) status longer than ten days without the approval of the director. The CDOChief Disciplinary Officer may shorten the ordered time spent in this status if the incarcerated person is ready to conform to specified rules.

Time spent in restricted housing pending a disciplinary hearing, or pending investigation that resulted in a disciplinary hearing, shall be credited toward any restricted housing sentence imposed, unless there is good cause not to do so. Reasons for not granting credit shall be explained in the disposition section of the RVR. Not allowing credit for time spent in restricted housing shall not extend the isolation or CTQConfinement To Quarters sentence beyond 10 days.

No incarcerated person shall be placed in CTQConfinement To Quarters or otherwise deprived of exercise as a disciplinary measure longer than ten days, unless, in the opinion of the Warden the incarcerated person poses such an extreme management problem or threat to the safety of other incarcerated persons and staff that longer confinement is warranted. The written approval of the director is required in such cases.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3330 for a description of what disciplinary detention is and when it is appropriate to utilize disciplinary detention.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3331 for the conditions of the detention unit and what is allowed while on disciplinary detention.

 Refer to CCRCalifornia Code of Regulations, Title 15, section 3332 for the administration and supervision of detention units.

The term “confinement to quarters” (CTQConfinement To Quarters) refers to an authorized disciplinary hearing action only whereby an incarcerated person is restricted to their assigned quarters for a period not to exceed five days for administrative rule violations or ten days for serious rule violations.

Restricted Housing Units (RHUs) are designated for programming of incarcerated persons not suited for housing in the General Population (GP). There are specialized RHU programming units with established placement criteria that include the following: Enhanced Outpatient Program RHU, Correctional Clinical Case Management System RHU, and General Population RHU.

When an incarcerated person’s presence in an institution’s GP, inclusive of the Restricted Custody General Population (RCGP) facility, presents an immediate threat to the safety of the incarcerated person or others, endangers institution security, or jeopardizes the integrity of an investigation of alleged serious misconduct, criminal activity, or the safety of any person, the incarcerated person shall be immediately removed from the GP and placed in restricted housing pursuant to 3335(c).

Restricted housing may be accomplished by confinement in a designated RHU or, in an emergency, to any single-cell unit capable of providing secure housing.

Authority to order an incarcerated person to be placed in a RHU, before such action is considered and ordered by a classification hearing, may not be delegated below the staff level of lieutenant except when a lower level staff member is the highest ranking official on duty.

The reason for ordering an incarcerated person’s placement in a RHU shall be clearly documented on an automated Restricted Housing Unit Placement Notice (RHUPN) by the official ordering the action at the time the action is taken.

In addition to explaining the reason and need for an incarcerated person’s placement in a RHU, the official ordering the action shall determine and document on the automated RHUPN:

• If the incarcerated person needs the assistance of an interpreter or a person capable of explaining the process so the incarcerated person understands.

• If the incarcerated person desires to call witnesses. If so, the incarcerated person shall submit in writing the names of the desired witnesses.

• If the incarcerated person wishes to present documentary evidence at a classification hearing on the reason or need for retention in restricted housing. If the incarcerated person does wish to present documentary evidence, an investigating employee shall be assigned.

A copy of the automated RHUPN, with the “order” portion of the form completed, shall if practical, be given to the incarcerated person prior to placement in a RHU but not later than 48 hours after such placement. Copies of the automated RHUPN with the order portion completed shall also be submitted to the Warden, or designated staff for review and possible further action. A copy of the automated RHUPN shall be routed to the departmentally approved record keeping system, which could include, but is not limited to, digital or physical record storage for the incarcerated person, as a notice of the incarcerated person’s current status and pending action(s).

A CDC Form 114-A1, Inmate Restricted Housing Profile shall accompany the original automated RHUPN, which shall depict important incarcerated person case factors such as: enemies that may be housed in the same RHU; the incarcerated person’s gang affiliation status, if any; medical or psychiatric problems; pending visitation restrictions; or the location of pertinent confidential information.

The next business day following an incarcerated person’s placement in a RHU, designated staff, at not less than the level of captain, shall review the order portion of the automated RHUPN. If retention in a RHU is approved at this review, the following shall be accomplished at this level:

• Schedule the incarcerated person for Institutional Classification Committee (ICCInstitution Classification Committee) within ten days of placement in a RHU.

A classification committee hearing for consideration and determination of the need to retain an incarcerated person in restricted housing, for the reasons set forth in a restricted housing order, automated RHUPN, shall be held as soon as it is practical and possible to do so, but in no case longer than ten days from the date the incarcerated person was initially placed in restricted housing, except for the following reasons:

• The automated RHUPN has been withdrawn and the incarcerated person has been returned to general population status.

• A continuing state of emergency exists within the institution. Under such circumstances, the hearing shall be held as soon as it is safe and practical to do so.

The incarcerated person shall be present at the classification hearing on a RHU order except under the applicable conditions as described in CCRCalifornia Code of Regulations, Title 15, subsection 3320(g) relating to disciplinary hearings. If the classification committee hearing is held without the incarcerated person present, the reason shall be documented on the restricted housing order form. Any staff member assigned to assist the incarcerated person shall be present at the hearing.

When the reason for an incarcerated person’s placement in a RHU is a disciplinary matter and likely to result in a formal report of violation of institution rules on a RVR or a referral to the appropriate criminal authorities for possible criminal prosecution, the classification hearing shall assume the alleged misconduct or criminal activities to be factual as reported in the restricted housing order. The hearing shall not consider evidence or information relating to the guilt or innocence of the incarcerated person. ICCInstitution Classification Committee may continue the incarcerated person in a RHU pending resolution of the disciplinary issues based upon other non-disciplinary reasons necessitating such placement.

When the reason for an incarcerated person’s placement in a RHU is for non-disciplinary reasons, the classification committee hearing shall consider all available evidence or information relating to the validity of the reasons given for such placement as well as the need to retain the incarcerated person in a RHU pending resolution of the situation or circumstances set forth in the RHU order.

Based upon the finding of the investigative employee, the ICCInstitution Classification Committee shall permit the incarcerated person to present witnesses and documentary evidence at the hearing unless the chairperson of the committee determines in good faith that permitting such evidence shall be unduly hazardous to institution safety. The reason for disallowing witnesses or evidence shall be documented in the “hearing” portion of the automated RHUPN and in the automated Classification Committee Chrono.

The determinations of the classification hearing shall be documented in the hearing portion of the automated RHUPN, and in the automated Classification Committee Chrono. Such documentation shall include an explanation of the reason and the information and evidence relied upon for the action taken. The completed automated RHUPN and any automated Classification Committee Chrono resulting from hearings shall be routed to the departmental approved record keeping system which could include, but not limited to, digital or physical record storage for the incarcerated person. The incarcerated person shall be given a copy of all completed forms and of all other documents relied upon in the hearing except those containing restricted/confidential information.

Release from a RHU shall occur at the earliest possible time in keeping with the circumstances and reasons for the incarcerated person’s initial placement in a RHU. Nothing in this article shall prevent the official ordering an incarcerated person’s placement in a RHU, or a staff member of higher rank in the same chain of command, from withdrawing a RHU order before it is acted upon or prior to a hearing on the order after consulting with and obtaining the concurrence of the administrator of the general population unit to which the incarcerated person shall be returned or assigned. Release from restricted housing after classification committee confirmation shall be effected only upon the written order of an equal or higher authority.

Procedural safeguards apply to incarcerated persons retained for administrative reasons after the expiration of a RHU term. RHU terms of confinement shall be set or reduced by classification action.

An automated RHUPN shall be initiated, giving written notice of the reasons for retention in sufficient detail to enable the incarcerated person to prepare a response or defense. Except in an emergency, a copy of the order shall be given to the incarcerated person prior to the expiration of the term of confinement. In no case shall notice be given later than 48 hours after the expiration of the term.

During the subsequent classification committee hearing, the incarcerated person shall be given a reasonable opportunity to present witnesses and documentary evidence unless institution officials determine in good faith that presentation of the evidence would be unduly hazardous to institutional safety. The reason for disallowing designated evidence shall be explained in writing by the hearing body on the restricted housing order.

A copy of the completed restricted housing order containing a written decision, including references to the evidence relied upon and the reasons for retention in restricted housing beyond the expired term, if so retained, shall be given the incarcerated person upon completion of the hearing.

Exclusion from general population for the reasons and under the circumstances described below are not RHUs are excluded from the other provisions of this section:

• Medical

  • When an incarcerated person is involuntarily restricted from the general population for medical or psychiatric reasons by order of medical staff and the incarcerated person’s placement is in a hospital infirmary, or in other housing as a medical quarantine, the incarcerated person shall not be deemed to be in a RHU.

  • When personnel other than medical staff order an incarcerated person placed in a RHU for reasons related to apparent medical or psychiatric problems, that information shall be immediately brought to the attention of medical staff. The appropriateness of a RHU or the need for movement to a hospital setting shall be determined by medical staff.

  • When medical or psychiatric reasons are not the primary reason for an incarcerated person’s restriction, a RHU status shall be continued even if the incarcerated person is moved to a hospital setting.

• Orientation and Layover

  • Newly received incarcerated persons and incarcerated persons in transit or layover status may be restricted to quarters (RTQRestricted To Quarters) for that purpose. Such restrictions shall not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing. No incarcerated person shall be placed in RTQRestricted To Quarters for more than ten days.

• DD

  • Placement in DD is an ordered action of a disciplinary hearing and is not a RHU except as provided in CCRCalifornia Code of Regulations, Title 15, section 3338(a)(2) and (3).

• Confinement to Quarters

  • CTQConfinement To Quarters is an ordered action of a disciplinary hearing and is not a RHU.

• Protective Housing Unit

  • Protective Housing Unit (PHUProtective Housing Unit) houses incarcerated persons whose safety would be endangered by general population incarcerated persons, and provides secure housing and care for incarcerated persons with safety concerns of such magnitude that no other viable housing options are available, subject to approval by the Departmental Review Board (DRBDepartmental Review Board).

  • An incarcerated person meeting all of the following criteria may be placed in a PHUProtective Housing Unit: is not a RHU:

    • The incarcerated person does not require restricted housing placement for reasons other than protection.

    • The incarcerated person is not documented as an affiliate of an STGSecurity Threat Group STG-I.

    • An Institution Classification Committee has determined that the incarcerated person does not pose a threat to the safety or security of other incarcerated persons similarly housed in the PHUProtective Housing Unit.

    • The incarcerated person has specific, documented and verified safety and/or enemy concerns, capable of causing and likely to cause the incarcerated person great bodily injury if placed in the general population.

    • The incarcerated person has notoriety likely to result in great bodily injury to the incarcerated person if placed in the general population.

    • There is no alternative placement available that can both ensure the incarcerated person’s safety and provide the level of custody required for the appropriate control of the incarcerated person’s movement.

    • The incarcerated person’s uncorroborated personal report, the nature of their commitment offense or a record of prior protective custody shall not be the sole basis for a PHUProtective Housing Unit placement.

  • The DRBDepartmental Review Board shall retain sole authority for incarcerated person placement in and removal from a PHUProtective Housing Unit.

• Enhanced Outpatient Program Restricted Housing Unit (EOPEnhanced Outpatient Program RHU)

  • EOPEnhanced Outpatient Program incarcerated persons posing a serious threat to general population housing, not requiring hospitalization, endorsed by CSRClassification Staff Representative action.

Refer to CCRCalifornia Code of Regulations, Title 15, section 3338.

The case of every incarcerated person assigned to a RHU shall be continuously reviewed and evaluated by custodial and casework staff assigned to the unit. Staff shall confer on each case no less frequently than once a week during the first two months of the incarcerated person’s restricted status. Such case reviews will not be necessary during any week in which the incarcerated person’s case is reviewed by a regular or special classification committee or by staff who are authorized to take classification actions. Any significant observations, determinations or recommendations shall be documented on the incarcerated person’s Automated Restricted Housing Record.

A psychological assessment of the incarcerated person’s mental health shall be included in the case review and classification committee review of incarcerated persons assigned to a RHU. When any indication of psychiatric or psychological problems exists, the case shall be referred to the institution’s psychiatrist or psychologist for further evaluation and recommended classification committee actions.

In keeping with the special purpose of a RHU, and with the degree of security, control and supervision required to serve that purpose, the physical facilities of special purpose restricted housing shall approximate those of the general population.

When an incarcerated person in a RHU is deprived of any usually authorized item or activity and the action and reason for that deprivation is not otherwise documented and available for review by administrative and other concerned staff, a report of the action shall be made and forwarded to the unit administrator as soon as possible.

No incarcerated person in a RHU shall be required to wear clothing that significantly differs from that worn by other incarcerated persons in the unit, except that temporary adjustments may be made in an incarcerated person’s clothing as is necessary for security reasons or to protect the incarcerated person from self-inflicted harm. No incarcerated person shall be clothed in any manner intended to degrade the incarcerated person.

Incarcerated persons assigned to a RHU shall be fed the same meal and ration as is provided for incarcerated persons of the general population, except that a sandwich meal may be served for lunch. Deprivation of food shall not be used as punishment.

Incarcerated persons assigned to a RHU shall not be restricted in their sending and receiving of personal mail, as authorized by CCRCalifornia Code of Regulations, Title 15, section 3138 except that incoming packages may be limited in number and in content to that property permitted in the RHU to which an incarcerated person is assigned.

Incarcerated persons endorsed for or assigned to a RHU shall not be allowed contact visits.

Incarcerated persons assigned to a RHU shall be provided the means to keep themselves clean and well groomed. Haircuts shall be provided as needed. Showering and shaving shall be permitted every other day. Clothing, bedding, linen, and other laundry items shall be issued and exchanged no less often than is provided for general population incarcerated persons. Only a facility manager, or their designee at a rank not lower than a lieutenant, shall deny a shower, and the reason for denying a shower shall be documented.

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