Chapter 5 – Adult Custody and Security Operations

54100.21 Transfer Appeals

• A decision for transfer to another institution or facility may be appealed by the affected inmate after endorsement by the Classification Staff Representative (CSRClassification Staff Representative). The filing of an appeal by the inmate shall not routinely stay or delay the pending transfer except in extraordinary circumstances and at the discretion of the Warden or designee.

  • For appeals of regular transfer endorsements:

    • The first level review is waived.

    • If the appeal is granted at the second level, the appellant’s case shall be presented to a second CSRClassification Staff Representative for reconsideration.

    • If the second CSRClassification Staff Representative disagees with the institution’s decision, the institution head may submit the case to the Department Review Board (DRBDepartmental Review Board) for final decision.

    • If the appeal is denied at the second level, or the institution head does not refer the case to the DRBDepartmental Review Board, the inmate/parolee may appeal to the third level.

  • For appeals of reception center transfers:

    • First level review shall be conducted by reception center staff at the level of correctional administrator.

      • If the appeal is granted, the inmate/parolee may be retained at the reception center until the case is presented to a second CSRClassification Staff Representative only if the proposed transfer poses a threat to the health or safety of the appellant.

      • If the second CSRClassification Staff Representative disagrees with the first level appeal decision, the inmate/parolee may resubmit the appeal for second level review.

      • Second level review shall be conducted by the institution head, who may retain the inmate/parolee at the reception center as a second level review action and refer the appeal to the DRBDepartmental Review Board for resolution. The DRBDepartmental Review Board’s decision shall constitute final review.