Department of Corrections and Rehabilitation - Operations Manual

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Chapter 6 – Adult Classification

Article 2 – Case Considerations

Updated June 3, 2025

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61020.19.4 Unfavorable Behavior Since Last Review

  • Locate the disciplinary section of the C-file and note if the inmate was found guilty of misbehavior rated as “serious” rather than “administrative.” In the space provided, write the date of the disciplinary report for all “serious” disciplinary reports that have not yet been included.

  • When recording Unfavorable Behavior Since Last Review, the documentation shall establish that the inmate was determined to be guilty of conduct described as “serious” per the CCRCalifornia Code of Regulations § 3315. Such behavior may be documented by means other than a CDC Form 115. For example, an assault on another inmate in jail or distribution of drugs in jail may be documented by a report from the sheriff.

  • Unfavorable behavior points are to be recorded only when the unfavorable behavior being evaluated occurred between any of the inmate’s current or previous Annual/6 Month Review Period dates and/or previous Readmission Review Period Calculation dates.

  • Therefore, when it is determined that the serious disciplinary behavior did occur between the inmate’s current or previous Annual/6 Month Review Period Dates and/or previous Readmission Review Period Calculation dates and the disciplinary has not been recorded on a prior score sheet, the disciplinary can be recorded on a new CDC Form 840 or CDC Form 841 outside of the review period dates recorded on that score sheet.

  • Note: A correction to previously applied favorable points for No Serious Disciplinary is necessary if the inmate is later found to be guilty of a serious disciplinary violation committed during a review period for which favorable points for No Serious Disciplinary had been previously granted.

  • Serious Disciplinaries (Boxes 52-69)

    • The counselor shall apply eight (8) points for each guilty finding for a Division A-1 or A-2 offense in Boxes 52-53.

    • The counselor shall apply six (6) points for each guilty finding for a Division B, C, or D offense in Boxes 54-55.

    • The counselor shall apply four (4) points for each guilty finding for a Division E or F offense in Boxes 56-57.

    • Count the number of disciplinaries and multiply by the appropriate point value and enter the total in the appropriate boxes. The maximum number of points to be assessed for each individual category is 99.

    • A single disciplinary may result in the assessment of points under more than one different category. If the inmate was found guilty of the described behavior, enter the date of the disciplinary and assess the points associated with that behavior.

    • When the behavior in an incident falls under more than one category, assign the points for each appropriate category. For example, if the inmate is found guilty for battery on another inmate with a deadly weapon causing serious injury, that one act shall be noted on the CDC Form 840 in items:

      • Item D1, Division A offense = 8 points

      • Item D3, Battery on an inmate = 4 points

      • Item D5, Possession of a deadly weapon = 16 points

      • Item D7, Battery causing serious injury = 16 points For this serious disciplinary, the inmate is assessed a total of 44 points.

    • Example: If a CDCRCalifornia Department of Corrections and Rehabilitation inmate, while in the county jail, is found guilty of distribution of drugs (trafficking narcotics), the inmate shall be assessed points as follows:

      • Item D1, Division A-2 offense = 8 points

      • Item D4, Distribution of Drugs = 4 points

    • For this serious in-custody offense, the inmate is assessed a total of 12 points.

  • Battery or Attempted Battery on A Nonprisoner (Boxes 58-59)

    • Include any battery on a nonprisoner or attempted battery on a nonprisoner.

    • Count the number, multiply by eight (8), and enter the total.

  • Battery or Attempted Battery on an Inmate (Boxes 60-61)

    • Include any battery on an inmate or attempted battery on an inmate.

    • Do not include mutual combat where both inmates were co-responsible.

    • Include situations where one or more inmates is clearly the victim. Usually results in some injury that may involve a group attack or some type of weapon.

    • Count the number, multiply by four (4), and enter the total.

  • Distribution of Drugs (Boxes 62-63)

    • This refers to inmates who are involved in an operation to smuggle any controlled substance into an institution, facility, or jail for distribution and sales.

    • Do not count a disciplinary determination in which the inmate was found guilty of possessing a small quantity of drugs or being under the influence.

    • Count the number, multiply by four (4), and enter the total.

  • Possession of a Deadly Weapon (Boxes 64-65)

    • Include only well-documented instances of manufacturing or possessing a deadly weapon where apparent use is intended.

    • Except as noted below, do not include possession of commonly available and unmodified objects, unless they are used as weapons and this fact is documented in the disciplinary hearing process. For example, hobby craft tools, common shop tools, and baseball bats are not considered deadly weapons unless their use, or intent for use, as such is clear.

      • Include possession of a razor blade (whether modified or not) in a segregated program housing unit (e.g., Ad Seg Unit, SHUSecurity Housing Unit, Psychiatric Services Unit).

    • Count the number, multiply by sixteen (16), and enter the total.

  • Inciting a Disturbance (Boxes 66-67)

    • Typically this involves a leadership role in an institution/facility riot, racial disturbance, or work strike.

    • Include any willful and deliberate behavior, which may have led to violence or disorder, and any willful attempt to incite others either verbally or in writing, or by other deliberate action, to use force or violence upon another person, of the type described in the CCRCalifornia Code of Regulations § 3005.

    • Count the number, multiply by four (4), and enter the total.

  • Battery Causing Serious Injury (Includes Conspiracy) (Boxes 68-69)

    • Include any battery that caused serious injury.

    • Inmates who conspired in, or ordered such a battery shall receive the same points.

    • Serious injury is defined in CCRCalifornia Code of Regulations § 3000.

    • Count the number, multiply by sixteen (16), and enter the total.

  • Total Unfavorable Points

    • Add the points for items D1 through D7 and enter the value on the line provided.

    • A serious disciplinary, not previously recorded, can be entered on the CDC Form 840 even when the date of the disciplinary falls outside of the period of time recorded in the Annual/6 Month Review Period Dates section of the score sheet.