Chapter 6 – Adult Classification

It is the policy of the Department to provide alternate General Population (GP) housing and programming for those inmates who are deemed program failures, who participate in organized criminal activity (gang activity), who refuse to participate in racial integration when otherwise eligible for such housing, who refuse to double cell, and those released from the Administrative Segregation Unit/Security Housing Unit (ASU/SHUSecurity Housing Unit).

The purpose of the Behavior Management Unit (BMU) program is to modify recalcitrant inmate behavior, eliminate and reduce the opportunity to repeat the behavior, and provide non-disruptive inmates the ability to program without continual interruption, due to the behavior of a smaller, more disruptive segment of the inmate population.

Inmates must be referred to a Classification Committee for placement into the BMU. The Classification Committee acts to review those inmates who are currently or may become participants in the BMU. An inmate may be placed in the BMU for one or more of the following reasons:

• Program Failure

  • Program failure, as defined by the California Code of Regulations (CCRCalifornia Code of Regulations), Title 15, Section 3000.

• Security Housing Unit (SHUSecurity Housing Unit) Offense as defined in CCRCalifornia Code of Regulations, Section 3341.5

  • If an inmate has been found guilty of an offense for which a determinate term of confinement has been assessed, whether imposed or suspended, or whose in-custody behavior reflects a propensity towards disruptive behavior, the inmate may be referred to a classification committee for placement in the BMU.

Inmates currently serving a determinate SHUSecurity Housing Unit term whose in-custody behavior reflects a propensity towards disruptive behavior, which otherwise would not be eligible for additional SHUSecurity Housing Unit term assessment, shall be considered by the Institutional Classification Committee (ICCInstitution Classification Committee) for placement in a BMU upon completion or suspension of the SHUSecurity Housing Unit term.

Inmates that have reached the Minimum Eligible Release Date (MERDMinimum Eligible Release Date) and have demonstrated an unwillingness to program in the general population may be reviewed by the Classification Committee for BMU placement consideration.

• Gang Related Activity

  • Any pattern, which consists of two or more documented behaviors which indicates an individual’s participation in gang related activity, may be grounds for placement in the BMU. Gang related activity is defined as behavior which indicates an inmate’s participation in a gang, prison gang, street gang or disruptive group as defined in CCRCalifornia Code of Regulations, Section 3000. Examples of this type of behavior include, but are not limited to:

    • Participating in gang related riots.

    • Participating in gang related batteries or physical assaults.

    • Distribution of property, material, or items in an effort to generate revenue for the purpose of financing/furthering the prison gang or street gang’s illegal activity (e.g. drug trafficking, extortion, etc).

    • Evidence of attempts to recruit others to participate in prison gang or street gang activities.

    • Participating, directly or indirectly, in any misconduct that could be related to a specific type of gang behavior (e.g. cadence, flagging, sagging, possession of gang graffiti, etc).

    • A history of participating in disruptive behavior or inciting violence and unrest.

    • Management Concern, as defined in CCRCalifornia Code of Regulations, Section 3000.

Inmates who meet the criteria for placement in the BMU program per Section 3334 shall be reviewed by a Classification Committee after initial placement in the BMU program. The Classification Committee shall review and approve the step change for each BMU inmate as recommended by BMU staff not less than every 30 days.

The Classification Committee shall be responsible for providing the inmate with notification of the rules and intent of the BMU program. The CDC 128-G, Classification Chrono, shall clearly state that the inmate was informed of the reason for placement, the length of placement, and any additional action the inmate must take to successfully complete the BMU program.

Initial BMU placements shall be for a minimum of 90 days beginning on the date of reception into the BMU.

Minimum of 180 day BMU placement beginning on the date of reception into the BMU.

Inmates who require subsequent placement will be monitored by BMU staff to ensure program compliance. If an inmate refuses to participate as required, the Classification Committee will review for possible program rejection.

The Classification Committee shall complete an initial assessment and develop an Individualized Training Plan (ITP) within 14 days of placement into BMU. The ITP will be based on each inmate’s reason(s) for placement as outlined in CCRCalifornia Code of Regulations, Section 3334(b).

Inmates shall be expected to meet the requirements established by the Classification Committee as outlined in the ITP.

Inmates must remain disciplinary free and complete the ITP as directed by the Classification Committee before being released from the BMU. The ITP may include, but is not limited to, participation in departmentally approved cognitive behavior programs, and/or participation in self-help groups.

In each case of the BMU placement, release from the BMU is based upon completion of the ITP established by the Classification Committee.

Inmates retained in the BMU for failure to meet ITP requirements may have their BMU retention period extended. Inmates who have been retained beyond their initial placement period shall have their status reviewed every 30-days by a Classification Committee.

All inmates placed into the BMU will be designated a Work Group (WG), consistent with CCRCalifornia Code of Regulations, Section 3044, and as determined by the Classification Committee effective the date of placement.

Regardless of the WG, the designated Privilege Group (PG) for Step 1 and Step 2 shall be C. The designated PG for Step 3 shall be B.

All Work/Program assignments for BMU inmates shall be restricted to and located in the BMU.

The Classification Committee will determine if the inmate has successfully completed their ITP requirements or failed to meet their requirements. Inmates who have met their ITP requirements shall be eligible to advance to the next step of the BMU program. Inmates who have not met their ITP requirements shall be reviewed for appropriate step placement.

Step 1: Initial Placement – WG A1, A2, B or C and PG C status: Authorized emergency phone calls only, one-fourth the maximum monthly canteen draw allowance, a minimum of ten (10) hours out-of-cell time per week, which includes yard, dayroom, workshops, self-help group activities as limited by physical design, local institution security and facility needs, and non-contact visits. Inmates must be afforded at least five hours per week of access to recreation on an outdoor exercise yard. If the inmate meets the goals of the ITP, he will advance to Step 2.

Step 2: WG A1, A2, B or C and PG C status: One (1) phone call per month, one-fourth the maximum monthly canteen draw allowance, a minimum of ten (10) hours out-of-cell time per week, which includes yard, dayroom, workshops, self-help group activities as limited by physical design, local institution security and facility needs, and non-contact visits. Inmates must be afforded at least five hours per week of access to recreation on an outdoor exercise yard. If the inmate meets the goals of the ITP, he will advance to Step 3.

Step 3: WG A1, A2, B and PG B status: One (1) phone call per month, one-half the maximum monthly canteen draw allowance, a minimum of ten (10) hours out-of-cell time per week, which includes yard, dayroom, workshops, self-help group activities as limited by physical design, local institution security and facility needs, and contact visits. Inmates must be afforded at least five hours per week of access to recreation on an outdoor exercise yard. If the inmate meets the goals of the ITP, he will advance to Step 4.

Step 4: Upon completion of the ITP, inmates will be returned to traditional GP housing.

Failure to progress in the stepped process shall be grounds for rejection from the BMU Program and a review by the Classification Committee for placement on WG C PG C status. Inmates may not remain in the BMU for more than 180 days without participation. Once the inmate is rejected from BMU by the Classification Committee, he shall be retained on C status and rehoused commensurate with his custody level. Inmates who have been rejected from the program shall not be placed in any other General Population work or program assignment until they have successfully completed their ITP in the BMU.

Inmates who have been rejected from the BMU program must submit a written request to their Correctional Counselor I for readmission to the program and shall be reviewed by a Classification Committee.

Inmates shall possess only the listed items of personal property while assigned to the BMU:

• Ring (Wedding band, yellow or white metal only. Not to exceed $100 maximum declared value, and may not contain a set or stone), one.

• Religious Medal and Chain (not to exceed $100 maximum declared value, chain not to exceed 18″ in length, obtainable as a set only. Chains may not be purchased separately from medal), one.

• Religious Items (as approved by the local religious review committees, e.g. kufi caps, yarmulkes, prayer rugs, etc.).

• Books, Magazines, and Newspapers (paperback or hardback with cover removed only. Limit does not apply to legal materials), ten.

• Prescription eyeglasses, clear lens only, one (as prescribed by a physician) pair.

• Tennis Shoes (no shades of red or blue, low, mid, or high tops are permitted. Must be predominantly white in color. Shoe laces white only. Not to exceed $75.00. No hidden compartments, zippers, or laces that are covered or concealed. No metal components including eyelets), one pair.

• Shower shoes (foam or soft rubber, single layer construction, not exceeding 1″ in thickness), one pair.

• Briefs (white only), ten pairs.

• Gloves (cold weather gloves upon approval of Warden, no zippers, pockets, or metal), one pair.

• Watch Cap (white or grey only), one.

• Rain Coat/Poncho (transparent only), one.

• Socks (white only, any combination of short to knee-high), seven pairs.

• Under Shirts (white only, any combination of crew neck, v-neck, long sleeve or sleeveless athletic tank-top. Turtle neck and mock turtle neck are not permitted), five.

• Dental Adhesive (for approved denture wearers only), two.

• Dental Flossers/Gliders (no more than 3″ in length, amount allowed in possession to be determined by local institutional procedure).

• Dental Cleanser, one box.

• Deodorant/Antiperspirant (stick or roll-on, must be clear and in clear container only), four.

• Medications, Over-The-Counter (OTCOut To Court) (only those OTCOut To Court medications permitted by the Division of Correctional Health Care Services shall be stocked by institution canteens, OTCOut To Court medications are not approved for inmate packages).

• Mouthwash (non-alcoholic only), one.

• Palm Brush/Comb (no handle, plastic only), one.

• Razor, Disposable (not permitted in Level IVIntravenous 180 design housing), five.

• Shampoo, one.

• Shaving Cream (non-aerosol), one.

• Soap Bar, six.

• Soap Dish (non-metal), one.

• Toothbrush (subject to local determination of maximum length, local facility is required to shorten if necessary, to meet local requirements), one.

• Toothbrush Holder (plastic only, may only cover head of toothbrush), one.

• Toothpaste/Powder (toothpaste must be clear and in clear container), one.

• Washcloths (white only), two.

• Address Book (paperback only, 3″ x 5″ maximum), one.

• Ballpoint Pens (non-metal, clear plastic only), one.

• Bowl (construction material to be approved by Division of Adult Institution (DAIDivision of Adult Institutions (formerly Institutions Division)), maximum of 8″ in diameter), one.

• Can Opener (restricted from Level IVIntravenous housing), one.

• Legal Pads/Tablets and Notebooks (no spiral bound), one.

• Envelopes, Blank and/or Pre-Stamped, forty.

• Envelopes, Metered (indigent inmates only), five.

• Legal material, as authorized per Section 3161.

• Photos/Portraits (maximum of 8″ x 10″), fifteen.

• Reading Glasses-Non Prescription (magnifying glasses), one pair.

• Stamps (U.S.United States Postal only), forty.

• Stationery (for written correspondence, may be decorated and have matching envelopes), fifteen sheets.

• Tumbler (construction material to be approved by DAIDivision of Adult Institutions (formerly Institutions Division), 16 ounce or less), one.

• Health Care Appliance (Dr. Rx. Only. Not subject to the six-cubic foot limit).

• Canteen items, not to exceed one month’s draw of assigned privilege group.

Inmates in the BMU shall possess personal property as authorized in CCRCalifornia Code of Regulations, Section 3190(c) and 3334(g)(1).

All personal property shall be disposed of as provided in CCRCalifornia Code of Regulations, Section 3191(c), except as provided for in DOMDepartment Operations Manual, Section 62060.7.1 below.

Inmates assigned to the BMU upon the initial placement will have their personal property, not identified as authorized BMU property outlined in DOMDepartment Operations Manual, Section 62060.7 stored, provided:

• Initial BMU placement is for no more than 90 days.

• The inmate participates in the BMU program and progresses to the next step at each 30 day review as outlined in 62060.6.1 above.

• The inmate does not receive any property related disciplinary violations while in the BMU program.

Should the inmate fail to comply with the provisions above, all unallowed personal property not identified as authorized BMU property outlined in DOMDepartment Operations Manual, Section 62060.7 shall be disposed of as provided in CCRCalifornia Code of Regulations, Section 3191(c).

Inmate’s assigned to the BMU upon the second or subsequent placements shall have all personal property, not outlined in DOMDepartment Operations Manual, Section 62060.7, disposed of as provided in CCRCalifornia Code of Regulations, Section 3191(c).

All religious services will be conducted in-cell or in the designated BMU as limited by physical design, local institution security and facility needs.

BMU inmates will be allowed only one (1) draw per month. Canteen privileges shall be established by the Classification Committee as follows:

Step 1 – One-fourth the maximum monthly canteen draw per CCRCalifornia Code of Regulations, Section 3044(f).

Step 2 – One-fourth the maximum monthly canteen draw per CCRCalifornia Code of Regulations, Section 3044(f).

Step 3 – One-half the maximum monthly canteen draw per CCRCalifornia Code of Regulations, Section 3044(e).

Inmates assigned to the BMU will receive the same meals as all inmates assigned to the general population.

All inmate mail will be processed per departmental and institutional procedures.

Vendor packages are authorized for receipt by inmates housed within the BMU in accordance with their privilege group status.

Any inmate housed in the BMU may utilize the law library as determined by local operational procedures.

All health care, mental health and dental services shall be conducted as per local operational procedures.

BMU inmates will be seen by the Mental Health Department in accordance with normal general population treatment expectations as outlined within the Mental Health Services Delivery System (MHSDS). A Mental Health clinician shall attend the Classification Committee for all initial reviews in order to assess the appropriateness of BMU placement for an inmate included in the MHSDS. Inmate’s currently at the Enhanced Out Patient (EOPEnhanced Outpatient Program) level of care are not eligible for BMU placement.

Inmates housed within the BMU will be afforded the opportunity to shower during authorized dayroom periods.

BMU inmates are permitted visits with their approved visitors. All visits for Step 1 and 2 inmates will be non-contact, including attorney visits. Inmates at Step 3 will be afforded contact visits.

Inmates will be allowed a minimum of ten (10) hours of out-of-cell time per week. This includes yard, dayroom, workshops, self-help group activities, and visits as limited by physical design, local institution security and facility needs.

The Deputy Director, Division of Adult Institutions, or designee shall ensure that the contents of this Article are kept current and accurate.

PCPenal Code Section 5058 CCRCalifornia Code of Regulations (15) (3) Section 3000, 3004 – 3005, 3023, 3044, 3161, 3190 – 3191, 3334, and 3341.5.

In re Kevin Hunt, Case No.: HCHigh Control 6157 Superior Court, Co. of Monterey. (Feb. 2009).