Chapter 5 – Adult Custody and Security Operations

54100.20 Appeal of Disciplinary Actions

• A disciplinary action is not considered complete until all processing requirements including the hearing, postponement and any re-hearing are completed as evidenced by the signature of the Chief Disciplinary Officer (CDOChief Disciplinary Officer).

  • A second level review shall constitute the Department’s final action of appeals of disciplinary actions of a CDC Form 115, Rules Violation Report (RVR) classified as “administrative” (15 CCRCalifornia Code of Regulations §3314) and of Custodial Counseling Chronos (CDC Form 128-A) documenting minor infractions, and shall exhaust administrative remedies on these matters.

  • The date of the final RVR copy issued to the appellant shall serve to establish time limits for filing an appeal of the RVR, not the date of the disciplinary hearing.

  • Inmates who wish to exhaust their administrative remedies for serious disciplinary issues must appeal through the third level of review.

• The appeal review, at the first and second levels, shall not be delegated to a rank lower than the person who audited the disciplinary under appeal.

• Regardless of what issue an appellant may raise concerning his or her RVR, the reviewer shall determine whether all due process and procedural requirements were met. Each disciplinary appeal submitted by an inmate or parolee shall be reviewed on the basis of conformance with the provisions of the Penal Code, the California Code of Regulations Title 15, Division 3, Rules and Regulations of Adult Institutions, Programs and Parole, and Chapter 5 of the Operations Manual – Custody and Security Operations.

• When the reviewer of a disciplinary appeal determines that there was an error in either the due process or procedural requirements, or determines that the disciplinary finding was not supported by a preponderance of evidence presented at the hearing, one of the following remedies shall be considered:

  • The original disposition shall be vacated and the charges dismissed.

  • The RVR shall be modified.

  • Vacating the original disposition accompanied by a reissuance and rehearing of the charges.

• When a disciplinary disposition is vacated or modified by appeal, the second level responder shall either direct that the RVR be removed from the inmate’s C-File pursuant to 15 CCRCalifornia Code of Regulations §3326, or order that the changes as mandated by the appeal decision be made with appropriate annotations entered on file documents.