Chapter 5 – Adult Custody and Security Operations

52080.3.6.1 CDO Responsibility for Voiding Rules Violation Reports

• 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.