Chapter 5 – Adult Custody and Security Operations

54055.8 Non‑Compliance with the IHP

• Non-compliance with the IHP by an otherwise eligible inmate will require review of the individual case factors. Every inmate is expected to comply with the IHP in the absence of precluding case factors. Non-compliance shall subject the inmate to disciplinary action and consideration of being housed in alternative and more restrictive housing in keeping with departmental policy regarding program failure.

• Disciplinary Process

  • Inmates refusing to participate in the IHP, when all case factors deem they are eligible to participate, shall be issued a Rules Violation Report (RVR) for Conduct, California Code of Regulations Section 3005(c), Conduct, for the Specific Act of Willfully Resisting, Delaying, or Obstructing any Peace Officer in the Performance of Duty (Title 15 subsection 3323(f)(6)), a Division D offense. The inmate shall be recoded with an IHC of RR, Restricted by Refusal. The inmate shall be considered after the first RVR for placement in more restrictive housing such as an ASU or a SHUSecurity Housing Unit. At any time during this process the inmate may elect to participate in the IHP.

  • Disciplinary restrictions will be applied as a result of a disciplinary process where inmates are afforded due process. Inmates found guilty of committing a Refusal to Participate in the IHP offense through the inmate disciplinary process may be subject to credit and privilege loss process. The suspension of privileges based on a finding of guilt in a disciplinary hearing, pursuant to CCRCalifornia Code of Regulations Section 3269.1, shall be assessed as follows:

    • First offense: A finding of guilt in a disciplinary hearing for Refusal to Participate in the IHP may result in the loss of privileges including, but not limited to, any or all of the following, for up to a 90 day period:

      • Canteen.

      • Appliances.

      • Vendor Packages.

      • Telephone Priveleges.

      • Personal Property.

    • Second or subsequent offense: A finding of guilt in a disciplinary hearing for Refusal to Participate in the IHP may result in the loss of any or all of these privileges for up to a 180 day period.

  • Following the completion of the disciplinary process and a finding of guilt, security precautions and disciplinary restrictions may remain in effect for a period of time designated by the Senior Hearing Officer consistent with this policy. If a finding of not guilty results, the security precautions shall be removed.

• Classification

  • Any inmate charged with Refusing to Participate in the IHP shall be considered for placement in an ASU and reviewed by the Institution Classification Committee (ICCInstitution Classification Committee) to determine the appropriateness of ASU retention, pending disciplinary matters, and/or future housing considerations. At each ICCInstitution Classification Committee review, the inmate’s case factors shall be reviewed for the appropriateness of the inmates IHC, and to determine if the inmate will participate in the IHP if case factors do not preclude such.

• Assessment of SHUSecurity Housing Unit Term

  • A determinate period of confinement in a SHUSecurity Housing Unit may be established for an inmate when found guilty of Refusing to Participate in an IHP per Section 3005(b), Conduct, Refusing to Participate in an IHP. The term shall be established by the ICCInstitution Classification Committee utilizing the standards set forth in the SHUSecurity Housing Unit Term Assessment Chart in CCRCalifornia Code of Regulations Section 3341.5.