Chapter 5 – Adult Custody and Security Operations

The Department shall maintain operational control of the airspace immediately adjacent to and above each institution consistent with State and Federal laws and regulations.

The purpose of this section is to provide guidelines for maintaining operational control of each institution’s airspace.

Aircraft means a device that is used or intended to be used for flight in the air.

Airspace means the air available for aircraft to fly in.  Title 49 of the United States Code, Section 40103, Sovereignty and Use of Airspace, states the United States Government has exclusive sovereignty of airspace of the United States (USUnder Supervisor).  The Federal Aviation Administration (FAA) has authority to regulate aircraft in USUnder Supervisor airspace at any altitude.

Certificate of Waiver or Certificate of Authorization means an FAA grant of approval for a specific flight operation.

Fixed Wing Aircraft means a flying machine, such as an airplane, which is capable of flight using wings that generate lift caused by the aircraft’s forward airspeed and the shape ofthe wings.

Helicopter means a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.

Model Aircraft means an unmanned aircraft that is capable of sustained flight in the atmosphere, flown within the visual line of sight of the person flying the aircraft, and flown for hobby or recreational purposes.

Unmanned Aircraft System (UAS) means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.  A UAS, also referred to as a drone, is controlled from an operator on the ground instead of being flown with a human pilot onboard.

Air traffic is controlled by the FAA.  The FAA has rules governing all movement of aircraft.

Penal Code Section 4577 states any person who knowingly and intentionally operates an unmanned aircraft system on or above the grounds of a state prison, a jail, or a juvenile hall, camp, or ranch is guilty of an infraction, punishable by a fine of five hundred dollars ($500).  This does not apply to any person employed by the prison who operates the unmanned aircraft system within the scope of his or her employment, or a person who receives prior permission from the Department to operate the unmanned aircraft system over the prison.

Title 14, Code of Federal Regulations (CFR), Section 91.119 requires a fixed wing aircraft to maintain a minimum altitude of 1,000 feet above the highest point of land or structure within a horizontal radius of 2,000 feet from the aircraft.

A helicopter has no altitude restrictions other than that which does not endanger persons or property below and which, if the engine failed, would allow the aircraft to safely auto-rotate to the ground.  These altitude standards apply to all manned air traffic in the vicinity ofan institution.

An aircraft being used as a model aircraft or UAS (Title 14, CFR, Section 101.41) is: flown strictly for hobby or recreational use; is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization; is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization; is operated in a manner that does not interfere with and gives way to any manned aircraft; and when flown within five miles of an airport, the operator of the aircraft provides the airport and the air traffic control tower with prior notice ofthe operation.

Small unmanned aircraft regulations (Title 14, CFR, Part 107) cover commercial use of drones.  Unless issued a waiver, a commercial pilot shall fly only during daylight or in twilight with the appropriate anti-collision lighting.  The maximum allowable altitude is 400 feet above the ground.  The maximum speed is 100 mph.  A drone shall not be flown over people unless they are directly participating in and are aware of the drone operation.  An external load can be carried as long as it is securely attached and does not adversely affect flight characteristics or controllability of the aircraft.  A commercial pilot may request a waiver of the operational restrictions listed above if it can be shown that the proposed operation can be conducted safely under the waiver.  Requests are to be sent to the FAA for consideration.

All aircraft observed violating Title 14, CFR, Sections 91.119 or 101.41 shall be reported to the local Flight Standards District Office.

Each Warden or designee shall:

• Coordinate and implement communication with outside agencies to ensure a clear understanding of departmental policy regarding air traffic needs, emergency response and escape procedures.

• Develop or refine mutual aid agreements with local law enforcement or other airborne units.  These units may assist in prevention of escapes, identification of unauthorized aircraft in the vicinity, and give airspace protection during a critical incident or major disturbance.

• Identify and clearly mark a helicopter landing area for emergency landings, rescue flights, or public official visits.  The landing site shall be outside the security area and, if possible, within the coverage of an armed post.

• Establish supplemental procedures for notification or reporting violations of airspace and specify the contact person for notification and coordination with other agencies.

• Ensure that updated post orders are available to all armed posts informing them of the policy concerning airspace control, including use of firearms, emergency landings, attempts to escape, authorized low altitude flyovers and emergency rescue.

• Ensure that all staff and inmates are informed by written or verbal notice of the policy regarding air traffic.  Warning signs shall be posted as necessary.

Each Warden or designee shall:

• Develop or refine mutual aid agreements with local law enforcement or other airborne units.  These units may assist in prevention of escapes, identification of unauthorized aircraft in the vicinity, and give airspace protection during a critical incident or major disturbance.

• Establish supplemental procedures for notification or reporting violations of airspace and specify the contact person for notification and coordination with other agencies.

• Ensure that updated post orders are available to all armed posts informing them of the policy concerning airspace control, including reporting instructions, use of firearms and attempts to escape.

• Maintain observation of any unmanned aircraft that breaches the institution secured perimeter airspace.  The institution shall refer to the Emergency Operations Plan and local operating procedures when responding to the sighting of an unmanned aircraft.

If any manned aircraft enters an institution’s airspace without prior permission, attempts shall be made to wave it off by use of items such as towels, flags, or hands.  If it appears to be in distress, attempts shall be made to direct it to the designated landing site or
adjacent area.

• Occupants shall be directed to remain in the aircraft, under security coverage, until the situation can be resolved, unless exigent circumstances exist.

• In the event a firearm or explosive device is attached to the aircraft, institutions shall follow emergency protocol set forth in the All-Hazards Emergency Operations Plan.

If any aircraft entering an institution’s airspace appears to be involved in an escape attempt, deadly force shall only be used when permitted under Title 15, Section 3268(d).

Attempts shall be made to direct an aircraft away from inmate occupied and security areas.  Firearms may be discharged as a warning only in a secure facility and only when deadly force is permitted under Title 15, Section 3268(d).

Firearms shall not be discharged in a direction that would endanger innocent employees or civilians not involved in an escape attempt.

Firearms shall not be used to bring down or disable an aircraft in flight.

Once an aircraft being used for an escape attempt has landed, all efforts will be made, including the use of firearms, to disable the aircraft and render it unable to fly.

Weapons fire may be returned at any attacker within an aircraft when that is the only means available to save the lives of innocent or uninvolved persons.

Recommended target areas for helicopters are to the transmission and motor located below the large horizontal rotor blades on top of the main cabin, and the rear tail rotor.  Destroying the wheels or propeller of a fixed wing aircraft will disable it.

Inmates shall be ordered to move away from the aircraft.  Failure to do so is considered an attempt to escape and shall be treated consistent with existing policy.

Prior to any institution or juvenile facility participating in a program wherein unmanned aircraft are utilized, the Warden, or designee, or Superintendent or designee, shall seek the approval of the Deputy Director, Facility Operations, Division of Adult Institutions, or designee, or Deputy Director, Facility and Programs, Division of Juvenile Justice, or designee, and the Deputy Director, Enterprise Information Services, or designee.

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

CCRCalifornia Code of Regulations (15) (3) §§ 3268, 3295, 3296, and 3297. Title 14, Code of Federal Regulations, §§ 91.119 and 101.41. FAA Modernization and Reform Act of 2012 (Pub. L. No. 112-95 (February 14, 2012)126 Stat 11).

Revised:  August 17, 2020.