Department of Corrections and Rehabilitation - Operations Manual

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Chapter 5 – Adult Custody and Security Operations

Article 39 – IW/TIP

Revised December 5, 2006

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53130.9.2.2 Credit Earning/Work Group Criteria

  • The credit earning status and work group designations for the above listed special assignments shall be determined by the following:

    • Light Duty Assignments

      • Inmates determined to have long-term medical/psychiatric work limitations shall be processed in the following manner:

        • The inmate shall receive a medical/psychiatric evaluation to determine the extent of the disability and to delineate the capacity to perform work and/or training programs for either a full or partial workday. If the inmate is deemed capable of working only a partial work program, full credit shall be awarded for participation in such a program.

        • The medical/psychiatric evaluation shall be reviewed by a classification committee.

          • If the classification committee concurs with the light duty recommendation, the case shall be referred to the institution assignment officer. The assignment officer shall make an effort to provide an assignment which is within the institution’s resources and the inmate’s capabilities. Upon placement in the assignment, the inmate shall be reclassified into work/training group A-1. Such cases shall be scheduled for semi-annual review by medical staff and a unit classification committee.

          • If the classification committee disagrees with the medical program recommendation, the case shall be returned to the medical department with a CDC 128-G describing the difference of opinion or the rationale for the request for the second medical evaluation. Upon receipt of the second medical evaluation, the unit classification committee shall again review the case. If the committee disagrees with the second medical evaluation, it shall refer the matter to the institution classification committee for final determination of the inmate’s work group/credit earning status.

    • Short-Term Medical/Psychiatric/Dental Unassignments or Lay-Ins

      • Inmates who are sick and require a medical/psychiatric lay-in or a medical unassignment for 29 days or less shall retain their existing work group and utilize ETOExcused Time Off during the authorized absent period. Sick time must be approved/authorized by the appropriate institution medical authority.

      • The appropriate medical staff shall initiate a CDC 128-C specifying the reasons for the approval and the expected date that the inmate shall be able to return to work. The original shall be sent to the records office. The inmate shall be responsible for notifying their work supervisor. Sick time must be approved/authorized by the appropriate institution medical authority. The work supervisor shall record each day of the inmate’s absence with the symbol “E” (excused).

    • Long-Term Medical Psychiatric Unassigned Cases

      • In cases where the medical condition necessitates that the inmate become medically unassigned for 30 days or more, the doctor shall initiate a CDC 128-C which shall indicate a date that the inmate shall be able to return to work. The original CDC 128-C shall be sent to the records office with copies to the assignment lieutenant and the classification committee coordinator in the inmate’s housing/program unit. The assignment lieutenant shall change the inmate’s status to medically unassigned pending reclassification. The classification committee shall confirm the inmate’s medical/psychiatric unassigned category and change the inmate’s work/training group status as follows:

        • Inmates in the general population shall be changed to work/training group A-2, involuntary unassigned, to be effective the thirtieth day of unassignment.

        • Inmates in lockup units who are in work/training group A-1 or B shall be changed to work/training group D-1, to be effective the first day of placement into Administrative Segregation.

        • Inmates in lockup units who are in work/training group D-1 or D-2 shall be retained in their respective D-1 or D-2 work/training group.

    • Medical/Psychiatric Disability Status Determination

      • When an inmate has a disability that limits his/her ability to participate in a work, academic, vocational or other such program, medical/psychiatric staff shall document the nature, severity, and expected duration of the inmate’s limitations on a CDC Form 128-C. Medical/psychiatric staff shall not make program assignment recommendations/decisions on the form. The form shall be forwarded to the inmate’s assigned correctional counselor who will schedule the inmate for a classification committee review. The classification committee shall:

        • Have sole responsibility for making program assignment and work group status decisions.

        • Determine the inmate’s program and work group status based on the information on the CDC Form 128-C and feedback from staff from the affected work area, academic/vocational program, and the Inmate Assignment Lieutenant or Work Incentive Coordinator.

      • Only when an inmate’s documented limitations are such that the inmate, even with reasonable accommodation, is unable to perform the essential functions of any work, academic, vocational or other such program, will the inmate be placed in one of the two following categories by the classification committee:

        • Temporary medical/psychiatric unassignment. When an inmate’s medically determinable physical/mental impairment is expected to last for less than six months. Inmates in temporary medical/psychiatric unassignment shall:

          • Be scheduled for classification review any time there is a change in his/her physical/mental impairment or no less than every six months for reevaluation.

          • Be assigned work group A-2 credit earning status if unassignment is for less than six months.

          • Be assigned work group A-1 credit earning status and appropriate privilege group retroactive to the first day of the temporary medical/psychiatric unassignment if the inmate’s condition lasts six months and the classification committee still cannot assign the inmate due to his/her impairment.

      • Medically disabled. When an inmate’s medically determinable physical /mental impairment is expected to result in death or last six months or more. The inmate’s credit earning status shall be in accordance with work group A-1 and privilege group A.

    • On-The-Job Injuries

      • On-the-job injuries shall be documented on CDCRCalifornia Department of Corrections and Rehabilitation Form 7219 by the CMOChief Medical Officer. With the exception of inmates assigned to work group F, inmates shall be retained in their existing work group until medically approved to return to work. Work group F inmates shall revert to work group A-1 effective on the date the CMOChief Medical Officer determines the on-the-job injury excludes the inmate from conservation camp placement providing that the CMOChief Medical Officer’s exclusion determination is within 29 days following the date of the inmate’s removal from conservation camp assignment. If the CMOChief Medical Officer’s exclusion determination is not within the 29 days, the inmate shall revert to work group A-1 effective the thirtieth day following the date of the inmate’s removal from conservation camp assignment.

    • Medical/Psychiatric Inpatient Hospitalization

      • Inmates determined to be in need of short-term (29 calendar days or less) inpatient care shall be retained in their existing credit earning category. In the event that a longer period of inpatient care is required, the attending physician/psychiatrist shall prepare a CDC Form 128-C for referral to a unit classification committee. The classification committee shall confirm the inmate’s inpatient unassigned category and change the inmate’s work/training group status as follows:

        • Inmates in the general population shall be changed to work/training group A-2, involuntary unassigned, to be effective the thirtieth day of unassignment.

        • Inmates in lockup units who are in work/training group A-1 or B shall be changed to work/training group D-1, to be effective the first day of placement into Administrative Segregation.

        • Inmates in lockup units who are in work/training group D-1 or D-2 shall be retained in their respective D-1 or D-2 work/training group.

    • Medical/Psychiatric Treatment Categories

      • Inmates who are assigned into the below list of medical/psychiatric treatment categories or transferred to a state hospital, unless otherwise specified, shall be deemed incapable of performing a work/training assignment. Inmates so designated shall be classified as work/training group A-1.

    • Category H

      • For inmates who require medical services and/or surgical care in an acute general hospital. This category is provided at CMFCalifornia Medical Facility, CIMCalifornia Institution for Men, CORCalifornia State Prison, Corcoran, and CMCCalifornia Men's Colony-East. Inmates with medical needs that cannot be met in CDCRCalifornia Department of Corrections and Rehabilitation hospitals may be transferred to a community hospital with the Warden’s approval.

    • Category N

      • For inmates with chronic medical illnesses requiring skilled nursing or intermediate level medical care. This program has licensed nursing staff on duty at all times and is provided at CMFCalifornia Medical Facility, CMCCalifornia Men's Colony-East, and CCWFCentral California Women's Facility. Female inmates requiring this level of service shall be transferred to a community hospital unless special arrangements can be made at the CIWCalifornia Institution for Women’s infirmary. This category is not for inmates in infirmaries for undergoing short-term treatment of minor illnesses.

    • Category I

      • For inmates with major mental illness of psychotic magnitude requiring inpatient psychiatric hospitalization such as those with an acute, recurrent, or chronic illness which requires intensive treatment. This category includes inmates who are determined to be:

        • Acutely psychotic, severely depressed or suicidal.

        • Mentally ill inmates who are management problems, providing the psychosis warrants treatment in a hospital setting.

      • Category I is provided at CMFCalifornia Medical Facility and the Salinas Valley Psychiatric Program (SVPP) at SVSPSalinas Valley State Prison and this designation shall be made by CMFCalifornia Medical Facility or SVSPSalinas Valley State Prison staff. Other institutions with inmates who appear to meet category I criteria shall transfer such cases to CMFCalifornia Medical Facility or the SVPP for inpatient psychiatric observation pending category classification.

      • Females requiring treatment in this category shall be referred to a state hospital.

    • DMHDepartment of Mental Health (see Department of State Hospitals DSH)

      • The DMHDepartment of Mental Health (see Department of State Hospitals DSH) also provides inpatient services for inmates who may be transferred from any CDCRCalifornia Department of Corrections and Rehabilitation adult institution pursuant to PCPenal Code §§ 2684 and 2690.

      • Inmates transferred to DMHDepartment of Mental Health (see Department of State Hospitals DSH) and retained under the jurisdiction of the Department per PCPenal Code §§ 2684 and 2690 shall be deemed incapable of performing a work/training assignment. Inmates so designated shall be classified as work/training group A-1.

    • Experimental Treatment

      • Inmates transferred to DMHDepartment of Mental Health (see Department of State Hospitals DSH) to participate in a voluntary experimental treatment program per PCPenal Code § 1364 shall be required to participate in afull-time credit qualifying work/training assignment in order to earn full work-time credit.

      • For details concerning specifics of DMHDepartment of Mental Health (see Department of State Hospitals DSH) psychiatric placements, refer to DOMDepartment Operations Manual § 53130.12.