Chapter 5 – Adult Custody and Security Operations

53130.6 Privileges

• Privileges for each work/training incentive group shall be those privileges earned by the inmate. Inmate privileges are administratively authorized activities and benefits required of the Secretary of the CDCRCalifornia Department of Corrections and Rehabilitation, by statute, case law, governmental regulations, or executive orders. Inmate privileges shall be governed by an inmate’s behavior, custody classification and assignment. A formal request or application for privileges is not required unless specified otherwise in this section. Institutions may provide additional incentives for each privilege group, subject to availability of resources and constraints imposed by security needs. Privileges shall be governed by the following conditions:

  • To qualify for privileges generally granted by this Section, an inmate shall comply with rules and procedures and participate in assigned work/training activities.

  • Privileges available to a work/training incentive group may be denied, modified, or temporarily suspended by a hearing official at a disciplinary hearing upon a finding of an inmate’s guilt for a disciplinary offense as described in CCRCalifornia Code of Regulations §§ 3314 and 3315 or by classification committee action which changes the inmate’s custody classification, work/training group, privilege group, or institution placement.

  • Disciplinary action denying, modifying, or suspending a privilege for which an inmate would otherwise be eligible shall be for a specified period not to exceed 30 days for an administrative rule violation or 90 days for a serious rule violation.

  • A permanent change of an inmate’s privilege group shall only be made by a classification committee action under provisions of CCRCalifornia Code of Regulations § 3375. Disciplinary or classification committee action changing an inmate’s privileges or privilege group shall not automatically affect the inmate’s work/training group classification. Worktime credit earning shall be affected only by a work/training group change by a classification committee.

  • No inmate or group of inmates shall be granted privileges not equally available to other inmates of the same custody classification and assignment who would otherwise be eligible for the same privileges.

• Privileges During Lockup

  • Changes in privilege group status due to the inmate’s placement in lockup:

    • An inmate housed in ASU, SHUSecurity Housing Unit, or PSUPsychiatric Services Unit shall be designated privilege group D. However, if assigned to a qualifying work/training program within the special housing unit, the inmate shall be assigned privileges of a higher group, if such privileges are available within the assigned housing unit.

    • An inmate working in lockup units while serving a determinate SHUSecurity Housing Unit term shall be retained in privilege group D only, irrespective of their work/training assignment.

• Re-Entry

  • An inmate in a re-entry furlough assignment shall be eligible for available privileges subject to working eight hours per day and shall not require a privilege group designation. A re-entry inmate placed in a county facility shall be entitled to the same privileges afforded to county prisoners and provided for under terms of the Department’s contract with the county facility.

  • All privileges shall be conditioned upon the inmate’s compliance with the procedures governing those privileges, continued eligibility in the privilege group, good conduct and acceptable participation in their work/training assignment. Inmates returned to custody from parole may be eligible to receive privileges based on their participation in a work/training assignment.