Chapter 5 – Adult Custody and Security Operations

52080.25 Retention in RHU

• 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.