Chapter 6 – Adult Classification

Statute authorizes the Director to maintain a continual diagnostic and prescription process involving a systematic study of each inmate’s case considerations while confined to the Department.

The goals of the inmate classification system are:

• Placement of inmates in the lowest custody level consistent with case factors and public safety.

• Place inmates according to their classification score based on objective information and criteria unless case factors or departmental requirements indicate otherwise.

• Application of the classification process uniformly for all inmates in similar situations.

• Provision for centralized control over the classification process.

• Maintenance of an ongoing classification system information data base for departmental research and evaluation.

All decisions affecting an inmate’s institutional placement, participation in programs and degree of custody shall be through the classification process.

The purpose of this procedure is to provide a systematic process for the programming, housing and custody decisions used in the management of inmates.

All classification actions are based on the authority of the Director who delegates functions to specific officials. A listing of these officials and functions are as follows:

Functions of headquarters staff include, but are not limited to, the following:

• Chief Deputy Director Deputy and Assistant Deputy Director, Institutions

  • Acts in all classification matters on behalf of the Director.

  • Responsible for the general supervision of the classification process.

  • Supervise the Chief, Classification Services.

  • Members of the Departmental Review Board (DRBDepartmental Review Board).

  • Review cases referred by the Chief, Classification Services.

  • Authorize special transfer orders.

  • Approve exceptional temporary community releases.

• Chief and Assistant Chief, Classification Services

  • Responsible for operational supervision of the classification process.

  • Supervise the CSRs.

  • Members of the DRBDepartmental Review Board; present recommendations, record and implement DRBDepartmental Review Board decisions.

  • Review CSRClassification Staff Representative decisions upon request of a Warden.

  • Arrange special research and surveys of classification matters.

  • Review cases referred by CSRs.

• CSRClassification Staff Representative’s

  • Represent the Classification Services Section carrying out the Director’s classification policies and procedures.

  • Review, approve, modify or disapprove inmate special housing programs and treatment category designations as recommended by institution staff.

  • Act as liaison between central office and institutions in classification matters.

  • Coordinate and maintain waiting lists for specific special housing and treatment categories.

  • Approve receipt of CYASee Division of Juvenile Justice (DJJ) and California DMHDepartment of Mental Health (see Department of State Hospitals DSH) cases, and coordinate and endorse the transfer of department inmates to those departments.

  • Conduct special audits and reviews of classification committee actions to determine that departmental policy is being followed.

  • Review and prepare letters for the Director to courts on PCPenal Code 1170(d) cases.

  • Designate on CDC Form 128-G, Classification Chronos “Special/Public Interest” cases.

The functions of institutional staff include, but are not limited to, the following:

• Wardens, Chief Deputy Wardens

  • Responsible for institutional classification process.

  • Approve off-site work assignments, community betterment, and disaster relief crews. Authorized to sign orders for removal of inmates in time of specified disasters and/or temporary community release.

  • Submit DRBDepartmental Review Board and PCPenal Code 1170(d) reports.

• RPAs

  • Responsible for operational supervision of reentry classification process.

  • Designates the chairperson of classification committees.

  • Reviews complex cases and resolves difference of opinion cases.

• AWAssociate Warden

  • Approve camp eligible lists, as well as housing and assignments outside of the security area.

  • Member of the institution classification committee (ICCInstitution Classification Committee).

  • Responsible for the classification of inmates assigned to their division.

• Reception Center Administrators

  • Responsible for the reception center classification process.

  • Make recommendations to the sentencing court pursuant to PCPenal Code 1170(d) and 1203.03.

• C&PRClassification & Parole Representative C&PRs duties include, but are not limited to:

  • Planning, organizing, and directing the total institutional classification process on behalf of the Warden.

  • Ensures the quality of classification chronos, BPT reports, release program studies, and DRBDepartmental Review Board reports.

  • Effects staff adherence to classification policies, procedures, and goals.

  • Establishes a system to ensure that post-board classification is conducted.

  • Provides ongoing training for counseling staff.

  • Serves on classification committees.

  • Provides liaison between the institutions, P&CSDParole & Community Services Division (see DAPO), BPT, and Classification Services.

  • Coordinates and manages the records office operation.

  • Signs CDC Form 161s, Checkout Orders.

  • Exercises the duties of a CSRClassification Staff Representative for intra-facility transfers.

  • Reviews, approves, and signs CDC Form 611s, Release Program Studies (RPSRelease Program Study).

  • Approves/declassifies confidential information.

• Captains

  • Captains in an institution are responsible for planning, organizing and directing a program for the unit’s classification of inmates. This includes, but is not limited to, the following:

    • Ensure the classification of all inmates assigned to their unit.

    • Sign all transfer chronos, CDC Form 128-G.

    • Act as classification hearing officers on cases placed in AD-SEGAdministrative Segregation.

    • Serve as members of the ICCInstitution Classification Committee and appropriate subcommittees.

• Supervising Counselors (CCCorrectional Counselor-II, CCCorrectional Counselor-III)

  • Supervising counselors’ duties include, but are not limited to, the following:

    • Instruct and assist in training CCCorrectional Counselor-Is and case work trainees.

    • Assign, review, and control the quality of work prepared by CCCorrectional Counselor-Is and trainees.

    • Assist counselors on difficult cases by utilizing case conferences.

    • Participate as a member in the classification process.

    • Audit CDC Forms 839 and 840, Classification Score Sheets.

    • Schedule and coordinate all unit classification committees (UCCs).

    • Prepare and/or review institutional staff recommendation and readmission summaries (reception center).

• CCCorrectional Counselor-I

  • CCCorrectional Counselor-I’s shall:

    • Collect and evaluate social, behavioral and educational data on inmates as well as evaluating the inmate’s adjustment to an assigned program.

    • Prepare the following:

      • CDC Forms 839 and 840.

      • CDC Form 812, Notice of Critical Case Information – Safety of Persons.

      • DC Form 812-A, Notice of Critical Information – Prison Gang Information.

      • Classification chronos.

      • BPT reports.

      • Narcotic evaluation reports.

      • RPSRelease Program Study.

    • Prepare institutional staff recommendation and readmission summaries (reception center).

    • Prepare DRBDepartmental Review Board, PCPenal Code 1170(d), and 1203.03 reports.

    • Prepare the C-File for attorney and other legal reviews.

    • Attend classification committees.

    • Provide individual and group counseling as needed.

The following considerations shall be utilized in classification committee hearings:

• General

  • Inmates shall be present at initial classification hearings and at other classification committee hearings which may result in an adverse effect upon their conditions of confinement, except for declared emergencies which temporarily prevent the application of classification rules.

  • Security requirements, departmental needs, the inmate’s program needs and classification score are primary factors which affect institution and program placement.

  • Reclassification shall be an ongoing process of evaluating the inmate’s needs, interests and desires, keeping in mind individual, security, and public safety.

  • When a recommended transfer/program is deferred, the alternative shall provide for maximum program opportunities where possible.

  • Classification scores shall be recalculated at least every 12 months.

In absentia hearings are authorized under the following circumstances:

• The inmate refuses to appear before the committee.

• The inmate is physically incapable of appearing before the committee or is determined by a psychiatrist to be mentally incompetent to participate and understand the purpose of a hearing.

• The hearing is scheduled to improve the inmate’s conditions of confinement by reduction or removal of a restriction previously imposed on the inmate.

• The hearing is to approve an action requested in writing by the inmate.

• The purpose of the hearing is for routine progress review to determine if future classification committee hearing should be scheduled.

When an in absentia hearing is held for any reason, that fact and reason shall be documented on a CDC Form 128-G.

Whenever possible, the inmate shall be given written notice of the date and purpose of the hearing. The notice should allow a reasonable period of preparation to discuss the issues to be considered.

Temporary emergency actions may be taken without prior notifications. Emergency lockups and transfers shall not require advance notice, but the inmate shall have the opportunity to present information at the next classification hearing following the action. The reasons for the action shall be given to the inmate in writing as soon as possible after the action was taken and before the appearance (Refer to the DOMDepartment Operations Manual 62050.10, Special Housing Assignments).

Actions Due to Overcrowding

• When the sole basis for moving inmates under the provisions of CCRCalifornia Code of Regulations 3383 is due to overcrowding, the Director, DAIDivision of Adult Institutions (formerly Institutions Division), or designee shall notify the Senate Select Committee on the California Correctional System.

Substantially, adverse effects are:

• Involuntary transfer to a higher level institution not commensurate with the inmate’s classification score.

• Increased custody level.

• Involuntary placement in segregated housing.

• Involuntary removal from an assigned program.

• Placement in a reduced work credit group.

Classification Actions

• Classification actions that may result in adverse effect require:

  • Written notice to inmate of proposed action and reasons for the action at least 72 hours prior to the hearing.

  • Delay of the hearing at least 72 hours at the inmate’s request when an adverse action is proposed at a classification hearing. If the action cannot be postponed, a CDC Form 128-G will document the reasons. If the inmate waives the 72-hour period, the waiver shall be documented on the CDC Form 128-G.

  • A counselor/staff assistant may be requested by the inmate to prepare a defense or understand the issues involved in cases not requiring immediate action.

Notice

• When a classification hearing includes the consideration of a newly calculated or recalculated classification score, the inmate shall be provided with a copy of the completed form at least 72 hours in advance of the hearing. The inmate may contest the classification score in the hearing and may appeal the score and hearing results.

• Form of notice:

  • The person referring the inmate to classification shall prepare the CDC Form 128-B-1, Notice of Classification Hearing.

  • A copy of the CDC Form 128-B-1 will act as notification when presented to the inmate.

  • If the inmate has been served with a CDC Form 114D, Order and Hearing for Placement in Segregated Housing, it is not necessary to complete a CDC Form 128-B-1.

Suffixes shall be applied to degrees of custody to identify inmates with special restrictions or designations.

The purpose of applying an “R” suffix is to ensure the safety of inmates, correctional personnel, and the general public by identifying inmates with a history of specific sex offenses.

The “R” suffix designation shall be affixed during reception center processing if one of the following four criteria applies:

• The inmate is required to register per Penal Code (PCPenal Code) Section 290.

• The inmate’s parole was revoked by Board of Prison Hearings (BPHBoard of Parole Hearings (formerly Board of Prison Terms)) formerly known as Board of Prison Terms (BPT)/Parole Hearing Division (PHD) Good Cause Finding of an offense that is equivalent to an offense listed in PCPenal Code Section 290.

• The inmate had a BPHBoard of Parole Hearings (formerly Board of Prison Terms) formerly known as California Youth Authority (CYASee Division of Juvenile Justice (DJJ))/Youth Offender Parole Board (YOPBYouthful Offender Parole Board (see BPH))/Youth Authority Board sustained adjudication of an offense that is equivalent to an offense listed in PCPenal Code Section 290.

• The inmate had a valid “R” suffix evaluation, as defined in this Section, resulting in the “R” suffix being affixed.

The assigned Correctional Counselor shall document the “R” suffix designation on the following applicable documents:

• Institutional Staff Recommendation Summary (ISRSInstitutional Staff Recommendation Summary)

• CDC Form 816, Reception Center Readmission Summary

• CDC Form 839, Classification Score Sheet

• CDC Form 840, Reclassification Score Sheet

• CDC Form 841, Readmission Score Sheet

Inmates with a prior “R” suffix evaluation inconsistent with the policy defined in DOMDepartment Operations Manual Section 62010.4.3.1.3 shall not have an “R” suffix applied. An “R” suffix evaluation must be completed at a receiving institution.

The “R” suffix designation shall be affixed to an inmate’s degree of custody during initial classification when the “R” suffix was not applied during reception center processing and the inmate meets one of the four criteria above.

The assigned Correctional Counselor shall initiate an “R” suffix evaluation when:

• An inmate was arrested, detained, or charged with an offense that would warrant the inmate to register per PCPenal Code Section 290.

• An inmate’s charges were dismissed or no disposition of the charges per the criminal history, CI&ICriminal Identification and Information, FBIFederal Bureau of Investigation rap sheet and PORProbation Officer Report, for an offense that would warrant the inmate to register per PCPenal Code Section 290.

• An inmate’s probation was revoked/denied because he or she committed an offense, whether or not prosecuted, that would warrant the inmate to register per PCPenal Code Section 290, and the inmate was sentenced and ordered by the court to serve his or her sentence in CDCRCalifornia Department of Corrections and Rehabilitation.

• An inmate was arrested, detained, or charged with an out-of-state/country, federal or military offense deemed equivalent to a California law that would warrant the inmate to register per PCPenal Code Section 290.

• An inmate’s charges were dismissed or no disposition of the charges per the criminal history, FBIFederal Bureau of Investigation rap sheet and PORProbation Officer Report, for an out-of-state/country, federal or military offense deemed equivalent to a California law that would warrant the inmate to register per PCPenal Code Section 290.

• An inmate was found guilty in a disciplinary hearing of a division A-1, A-2, or B offense that would warrant the inmate to register per PCPenal Code Section 290.

An inmate shall not have an “R” suffix affixed during an “R” suffix evaluation when the required documentation is not available for review. A classification committee may complete a valid evaluation when the arrest report is available and the DA’s comments are unavailable. The classification committee will document in the CDC Form 128-G the attempts/steps taken to obtain the required documentation.

If the relevant documents required to complete an “R” suffix evaluation are not available, i.e., destroyed, purged, lost, etc., the “R” suffix shall not be applied by a classification committee. The classification committee will document in the CDC Form 128-G the steps attempted in order to try and obtain the required documentation and why the documents are unavailable. Departmental Review Board (DRBDepartmental Review Board) approval is required to affix an “R” suffix designation to an inmate’s degree of custody if he/she meets the criteria in this paragraph.

An “R” suffix shall not be applied if the inmate was acquitted/found not guilty of the sex related charges in a court of law even if BPHBoard of Parole Hearings (formerly Board of Prison Terms) Good Cause finding revoked his/her parole for those sex related charges.

Inmates requiring an “R” suffix evaluation shall be carefully evaluated at the receiving institution and presented to a classification committee within six months after reception center processing. This review may be completed at an institution any time during the inmate’s incarceration if not completed within the first six months.

“R” suffix evaluations shall be completed as follows:

• The assigned Correctional Counselor shall order the arrest report(s) and DA comments for the offense.

• The assigned Correctional Counselor may also obtain court documents or any other official documents necessary to complete the evaluation.

• Unit Classification Committee (UCCUnit Classification Committee) shall consider the arrest report, DA comments, or any other official documents related to the case. The committee shall document the decision and the specific reasons for the action including the information upon which the decision was based on the CDC Form 128-G.

• UCCUnit Classification Committee may affix the “R” suffix, elect not to affix the “R” suffix or refer the case to Institution Classification Committee (ICCInstitution Classification Committee) for evaluation.

• ICCInstitution Classification Committee shall consider the arrest report, DA comments, or any other official documents related to the case. The committee shall document the decision and the specific reasons for the action including the information upon which the decision was based on the CDC Form 128-G.

• ICCInstitution Classification Committee may affix the “R” suffix, elect not to affix the “R” suffix or refer the case to DRBDepartmental Review Board for evaluation.

For the purpose of this Section the following terms are defined:

• Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.

• Facility means a subfacility of an institution headed by a facility captain.

A facility UCCUnit Classification Committee may complete an “R” suffix evaluation of an inmate. Should a different facility UCCUnit Classification Committee at the same institution disagree with the first UCCUnit Classification Committee’s decision to affix or not to affix the “R” suffix, the committee must refer the case to the ICCInstitution Classification Committee for re-evaluation.

Should a facility UCCUnit Classification Committee at a receiving institution disagree with a previous institution’s UCCUnit Classification Committee or ICCInstitution Classification Committee “R” suffix evaluation, the committee shall refer the case to their ICCInstitution Classification Committee for evaluation.

The receiving institution’s ICCInstitution Classification Committee can reverse an “R” suffix evaluation completed by a previous institution’s UCCUnit Classification Committee as long as the case was not evaluated by the previous institution’s ICCInstitution Classification Committee.

The receiving institution’s ICCInstitution Classification Committee can reverse an “R” suffix evaluation completed by a previous institution’s ICCInstitution Classification Committee only if new and compelling information is obtained; otherwise, the case must be referred to DRBDepartmental Review Board.

When an inmate is housed in a Camp, MSF, or Community Correctional Center and it is determined that he/she warrants an “R” suffix, the inmate shall be removed and housed in at least a Level II facility.

When an inmate is housed in a Camp, MSF, or Community Correctional Center and it is determined that he/she warrants an “R” suffix evaluation, the inmate shall be removed and housed in at least a secure Level I facility pending completion of the evaluation.

Inmates with “R” suffixes shall not be assigned outside the security perimeter.

An inmate whose “R” suffix has been removed shall be eligible for any housing or assignment, consistent with their custody and placement score, for which they otherwise would qualify had the “R” suffix never been designated.

Inmates who have a valid Certificate of Rehabilitation pursuant to PCPenal Code Section 4852.01 shall not have the “R” suffix affixed.

If the assigned Correctional Counselor notes the inmate, per the Criminal Identification and Information (CI&ICriminal Identification and Information), was convicted of a PCPenal Code Section 290 Offense, but per the Legal Status Summary (LSSLegal Status Sheet) he/she is not required to register, the assigned Correctional Counselor shall check the Detainers Section of the central file for a CDC Form 3017, “Relevant Central File Information.” If there is no CDC Form 3017 completed on the PCPenal Code Section 290 registration, the assigned Correctional Counselor shall refer the case to Case Records for resolution.

PCPenal Code Section 290 offenses include, but are not limited to, the following:

• PCPenal Code 207 Kidnapping.

• Committed with intent to violate PCPenal Code 261, 286, 288, 288a, or 289.

• PCPenal Code 209 Kidnapping for Ransom.

• Committed with intent to violate PCPenal Code 261, 286, 288, 288a, or 289.

• PCPenal Code 220 Assault to Commit Rape, Sodomy, or Oral Copulation.

• Except Assault to Commit Mayhem.

• PCPenal Code 243.4 Sexual Battery.

• PCPenal Code 261(a)(1) Rape: Victim incapable of giving consent.

• PCPenal Code 261(a)(2) Rape by Force.

• PCPenal Code 261(a)(3) Rape of Drugged Victim.

• PCPenal Code 261(a)(4) Rape: Victim unconscious of the nature of the act.

• PCPenal Code 261(a)(6) Rape by Threat of Retaliation.

• PCPenal Code 262(a)(1) Rape Spouse by Force/Fear/Etc.

• Involving the use of force or violence for which the person is sentenced to the state prison.

• PCPenal Code 264.1 Rape/Etc in concert with Force/Violence.

• PCPenal Code 266 Entice Minor Female for Prostitution/Etc.

• PCPenal Code 266c Induce Intercourse/Sex Acts by False Representation:Int:Fear.

• PCPenal Code 266h(b) Pimping/where Prostitute is under 16 (convicted after 1/1/98).

• PCPenal Code 266i(b) Pandering/where Prostitute is under 16 (convicted after 1/1/98).

• PCPenal Code 266j Procurement of Under 16 for Lewd and Lascivious Acts.

• PCPenal Code 267 Abduct Minor for Prostitution.

• PCPenal Code 269 Agg Sex Assault/Child under 14 or 10 Years Younger.

• PCPenal Code 285 Incest.

• PCPenal Code 286 Sodomy.

• PCPenal Code 288 Crimes Against Children/Lewd or Lascivious.

• PCPenal Code 288a Oral Copulation.

• PCPenal Code 288.5 Continuous Sexual Abuse of Child.

• PCPenal Code 289 Sexual Penetration with Foreign Object.

• PCPenal Code 311.1 Bring Into State Matter Depicting Child in Sexual Conduct.

• PCPenal Code 311.2(b) Possess/Distribute Obscene Matter Depict Minor: Commercial Consideration.

• PCPenal Code 311.2(c) Distribute/Etc Obscene Matter Depicting person Under 18 (Misd).

• PCPenal Code 311.2(d) Distribute/Etc Obscene Matter of Minor to Minor.

• PCPenal Code 311.3 Developing/Duplicating/ Printing/Exchanging Obscene Matter Depicting Sexual Conduct of Person Under 18.

• PCPenal Code 311.4 Use Minor to Assist in Distribution of Obscene Matter.

• PCPenal Code 311.10 Advertise Obscene Matter/Depicting Minor.

• PCPenal Code 311.11 Possess/Etc Obscene Matter of Minor in Sexual Act.

• PCPenal Code 647.6 Annoy/Molest Children.

• Formerly PCPenal Code 647a.

• PCPenal Code 653f(c) Soliciting Commission of 261, 286 or 288a by Force or Violence.

• PCPenal Code 314.1 Indecent Exposure.

• PCPenal Code 314.2 Assist Act of Indecent Exposure.

• PCPenal Code 272 Contribute to the Delinquency of a minor.

• Offense must involve lewd or lascivious conduct.

• PCPenal Code 288.2 Harmful Matter: Special Circumstance.

• Felony violation.

• Attempt of above listed offenses.

• MDSO conviction.

• Judicial Imposition.

Institutions may apply:

• “S” suffix to identify inmates requiring single cell status.

• “X” suffix to identify inmates approved and assigned to designated disaster relief teams.

• “OSWDOff-Site Work Detail” suffix to identify inmates approved for off-reservation work detail/community betterment assignments.

• Miscellaneous suffixes for special internal designations outside the formal classification process for management purposes.

Inmates shall be identified as public interest cases when the crime, circumstances of the offense, or subsequent conduct results in unusual public concern as evidenced by extensive media coverage beyond the local community.

• Criteria

  • Cases may include execution type murders, multiple murders or the mutilation of victims. Consideration should also be given to inmates who were originally sentenced to death or life without the possibility of parole.

• Identification

  • Reception center counselors shall indicate in the institution staff recommendation summary (ISRSInstitutional Staff Recommendation Summary) of new process cases that the case meets criteria for public interest case designation. The reviewing counselor shall recommend this designation in the supervisor’s recommendation section of the ISRSInstitutional Staff Recommendation Summary.

  • UCCUnit Classification Committee/ICCInstitution Classification Committee’s shall identify cases at the time of initial or at any subsequent classification actions when it is determined that cases warrant this designation. The CDC Form 128-G recording the committee action shall reflect the inmate’s public interest case status.

  • All cases identified by reception center or institution staff shall be referred to a CSRClassification Staff Representative for endorsement as a public interest case.

  • CSRClassification Staff Representative’s endorsing cases as public interest cases shall record this designation on the CDC Form 128-G. All subsequent classification actions shall reflect this status on the documenting CDC Form 128-G in the space directly below the inmate’s custody designation.

• Recording

  • Cases endorsed by a CSRClassification Staff Representative as public interest case shall be referred to the CCRMCorrectional Case Records Manager by the reception center CCCorrectional Counselor-III or the institution C&PRClassification & Parole Representative upon endorsement.

  • The CCRMCorrectional Case Records Manager shall ensure that the designation “Public Interest Case” is entered in red ink on the CDC Form 112, Chronological History and CDC Form 144, Control Card. This entry will reflect that notification of the Assistant Director, Communications is required.

• Notification

  • The C&PRClassification & Parole Representative shall ensure that the CDC Form 611 reflects the inmate’s public interest status at the time it is forwarded to the P&CSDParole & Community Services Division (see DAPO). At this time, a copy of the CDC Form 611 and any appropriate supporting documentation, i.e., PORProbation Officer Report, shall be forwarded by the C&PRClassification & Parole Representative to the DPIO.

  • Following a review of case factors by the DPIO, information related to the release of an inmate designated a public interest case shall be forwarded by the DPIO to the Director and the California YACA, if appropriate. The DPIO may be contacted for information related to media interest in public interest cases.

The classification scoring system provides a standard evaluation for placement of inmates at the least restrictive institution, commensurate with their custodial requirements. Inmates are placed in institutions which are designated by custody levels IVIntravenous (highest) to I (lowest), and they are encouraged with positive incentives to reduce their scores to permit transfer from higher custody facilities to those which have increased privileges, movement and programming. The classification scoring system determines each inmate’s custody level in relation to others for optimum use of departmental facilities. An inmate’s score may change based on individual behavior and specific case factors.

The Department may classify, transfer and house inmates apart from the classification scoring system when necessary to ensure staff, inmate and public safety. Exceptions shall be clearly documented on a CDC Form 128-G.

Each camp, institution, facility or area of an institution complex is designated at a classification level based on its security and housing capability. Reception centers are exempted from level designations except for assigned work crews.

• Level I institutions and camps consist primarily of open dormitories with relatively low security perimeter.

• Level II institutions consist primarily of open dormitories with a secure perimeter and armed coverage.

• Level III institutions primarily have outside cell construction with a secure perimeter and armed external coverage.

• Level IVIntravenous institutions have inside or outside cell construction with a secure perimeter, and both internal and perimeter armed coverage.

Institution Designations:

The inmate’s classification score shall be used as a primary factor to determine the level of institutional placement. The establishment of the inmate’s actual custody shall be the responsibility of the classification committee.

Inmates within the following range of classification scores shall be placed in an institution that is designated at the level indicated.

Administrative necessity such as institutional security, public safety issues and availability of housing may occasionally require placement at a facility that does not correspond with the inmate’s classification score. In these cases the alternative placement/program will provide the maximum benefits permitted under the circumstances.

General

• Classification committees at each institution shall assign a degree of custody to each inmate.

• Wardens are responsible for determining degrees of custody most appropriate for use at their institution.

Each inmate shall be assigned the degree of custody that provides for their housing, assignment/activity and supervision needs.

Institution requirements may necessitate additional local designations, but shall conform to the Department’s requirements for each degree of custody used.

The senior custodial officer on duty may designate the initial custody for new arrivals and may temporarily increase an inmate’s custody at any time it becomes necessary to protect the security and good order of the institution. Such actions shall be reviewed and custody assigned by a classification committee at the next regular meeting.

Any reduction of an inmate’s custody shall be by classification committee action.

The following are the degrees of custody approved for use in the Department.

Maximum A

• Housing. Single cells (when possible) or other areas designated as security or approved specialized housing units.

• Assignments/Activities. Confined to the security or approved specialized housing unit.

• Supervision. Direct and constant.

Maximum B

• Housing. Single cells (where possible) or other areas designated as security or approved specialized housing units.

• Assignments/Activities. Confined to the security or approved specialized housing unit except for movement to and from external activities authorized for the unit.

• Supervision. Direct and constant.

• Every inmate confined in a SHUSecurity Housing Unit shall be assigned Maximum A or B custody. Inmates who are not housed in a specialized unit shall not be assigned maximum custody.

Close A

• Housing. Celled housing in areas designated and maintained for higher security needs within the general population. This custody designation shall be used only at institutions with a secure perimeter.

• Assignments/Activities. Permitted during daylight hours only and limited to designated close security areas at non-walled institutions and to the main security areas in walled institutions.

• Supervision. Direct and constant.

Close B

• Housing. Celled housing in secure areas designated for Close B custody.

• Assignments/Activities. Within the security perimeter during daylight hours only, except for limited evening activities such as bathing and haircuts within the assigned housing unit.

• Supervision. Constant and direct.

Medium A

• Housing. Cells or dormitories within the security perimeter.

• Assignments/Activities. Within the security perimeter.

• Supervision. Frequent and direct.

Medium B

• Housing. Cells or dormitories within the security perimeter.

• Assignments/Activities. Within the security perimeter. Eligible for daytime assignments outside the security perimeter, but on prison grounds.

• Supervision. Frequent and direct inside the security perimeter. Direct and constant outside the security perimeter.

Minimum A

• Housing. Cells or dormitories within the security perimeter.

• Assignments/Activities. Eligible for designated assignments inside or outside the security perimeter.

• Supervision. Must be observed no less than hourly if assigned outside the security perimeter. Adequate supervision of the inmate’s location to ensure their presence if assigned inside the security area.

Minimum B

• Housing. Cells or dormitories on prison grounds and/or in a camp setting.

• Assignments/Activities. Eligible for off-site work detail/community betterment and camp assignments.

• Supervision. Adequate supervision of the inmate’s location to ensure their presence. Shall be counted no less than four times each 24 hours.

All decisions affecting transfer, program participation, supervision, security, housing, and safety of persons, shall be made by a classification committee composed of staff knowledgeable in the classification process. A chairperson and any two members of any committee shall comprise a quorum except for reentry classification actions.

Decisions of classification committees shall be documented on a CDC Form 128-G and a copy given to the inmate.

ICCInstitution Classification Committee’s shall:

• Review inter-institutional transfer recommendations in problem cases where departmental or public welfare is at stake.

• Review all cases referred by subcommittee.

• Refer cases to the Chief, Classification Services, or the DRBDepartmental Review Board for resolution/action including recommendations to grant an inmate additional reduction of sentence pursuant to PCPenal Code 2935.

• Review the altered status of each inmate placed in segregated housing at the time of initial placement and at regular intervals thereafter in accordance with the CCRCalifornia Code of Regulations 3335.

• Approve or deny disciplinary credit losses and inmate requests for credit restoration of Division A-1, A-2, and B offenses in accordance with CCRCalifornia Code of Regulations 3327. This action shall serve as the first level of appeal review.

The ICCInstitution Classification Committee is delegated the primary authority for all classification actions within the institution.

Composition

• ICCInstitution Classification Committee’s shall consist of:

  • Warden or Chief Deputy Warden (chairperson).

  • AWAssociate Warden (alternate chairperson).

  • Psychiatrist or physician.

  • Captain.

  • CCCorrectional Counselor-III or CCCorrectional Counselor-II (committee recorder).

  • Captain.

  • Assignment lieutenant.

  • Educational or vocational program representative.

  • Other staff as required.

Each institution shall establish an initial classification committee to review and initiate a suitable program for each inmate within 14 days after arrival at the institution.

• Composition

  • Initial classification committees shall consist of:

    • Captain (chairperson).

    • CCCorrectional Counselor-III or captain (alternate chairperson).

    • CCCorrectional Counselor-II or CCCorrectional Counselor-I (committee recorder).

    • Assignment lieutenant.

    • Educational or vocational program representative.

    • Other staff as required.

• Functions

  • Initial classification committees shall:

    • Initiate an educational, vocational training, or work program and privilege group designation.

    • Evaluate case factors and assist the inmate to understand institution expectations, available programs, and resources.

    • Designate the degree of custody necessary to control the inmate.

    • Refer complex cases to the ICCInstitution Classification Committee.

    • Recommend transfer of a new arrival determined to be inappropriately placed.

    • Grant worktime credits to which the inmate is entitled while in transit.

Each program unit shall establish a UCCUnit Classification Committee to provide routine classification of inmates. Those institutions without organized program units shall establish equivalent committees.

• Composition

  • UCCUnit Classification Committee’s shall consist of:

    • Captain (chairperson).

    • CCCorrectional Counselor-III or captain (alternative chairperson).

    • CCCorrectional Counselor-II or I (committee recorder).

    • Program lieutenant.

    • Educational/vocational representative.

    • Other staff as required.

• Functions

  • UCCUnit Classification Committee’s shall:

    • Review each inmate’s case at least annually to consider the accuracy of the inmate’s classification score, custody designation, program and institution placement which includes recommendation for transfer.

    • Conduct post board classification on an inmate within 15 days of receipt of official notice of a BPT decision regarding the inmate.

    • Act on disciplinary credit losses on cases for Divisions C, D, E, and F which will serve as the first level of appeal review.

    • Approve or deny an inmate’s request for restoration of forfeited credits for Divisions C, D, E, and F offenses in compliance with CCRCalifornia Code of Regulations 3327.

    • Change an inmate’s privilege group.

Each conservation camp shall establish a camp classification committee to provide routine classification for inmates assigned to the camp program.

• Composition

  • Due to the isolation of most conservation camps, the presence of a captain, to act as chairperson is not required. A chairperson and two members shall comprise a quorum for camp classification hearings.

    • Lieutenant (chairperson).

    • CCCorrectional Counselor-I (chairperson or alternate chairperson).

    • Sergeant.

    • Staff representative of camp contracting agency.

• Functions

  • Camp classification shall:

    • Perform routine classification of inmates assigned to the camp programs including all functions designated for UCCs.

Each reentry/work furlough facility shall establish a reentry classification committee to provide for routine classification for inmates assigned to a reentry work furlough program.

Composition

• PAProgram Administrator (chairperson).

• PAProgram Administrator-III (unit supervisor/center manager reentry coordinator) (alternate chairperson).

• PAProgram Administrator-II (reentry specialist).

Functions

• Two members constitute a quorum. Due to distance considerations, the committee will not usually sit en banc. The reentry specialist will complete necessary CDC Form 128-G and forward to committee members for appropriate signatures/approval.

  • Document inmate misconduct and affirm, modify, or reject any action taken.

  • Review disciplinary actions where worktime credits were lost/denied and to act as inmate’s first level of appeal review.

  • Restore lost credits, where appropriate, for disciplinary violations.

Each classification committee shall:

• Inform the inmate of the purpose of the hearing and introduce committee members.

• Encourage the inmate to participate in the hearing discussion.

• Make decisions based on evaluation of available information and mutual agreement of the committee members.

• Inform the inmate of the decision.

Each classification committee shall:

• Prepare a recording of the hearing on a CDC Form 128-G.

• Issue a copy of the CDC Form 128-G to the inmate.

The documentation of each classification shall include:

• The action taken.

• The date of the action.

• The specific reason(s) for the action(s) including the information upon which the decision was based.

• The names of staff who participated in the decision.

• The name of the chairperson of the committee taking the action.

• The name and signature of the person recording the action.

The DRBDepartmental Review Board serves as the final reviewing authority for classification issues when placement decisions are appealed to headquarters or when policy clarification is needed.

This Section establishes standard procedures for the resolving of all staff classification action appeals at the headquarters level by the DRBDepartmental Review Board.

The DRBDepartmental Review Board shall consist of the:

• Deputy Director or an Assistant Deputy Director, Institutions (chairperson).

• Deputy Director, P&CSDParole & Community Services Division (see DAPO).

• Chief, Classification Services. (Shall abstain on classification actions appealed by Wardens/Regional Administrators.)

• Chief, Medical Services when required.

The DRBDepartmental Review Board meets at the call of the chairperson. Two voting members constitute a quorum. 870

Cases shall be referred for DRBDepartmental Review Board decision when:

• The Warden/RPARegional Parole Administrator appeals an action of the Chief, Classification Services.

• A test case is needed to clarify the application of policy.

• Differences between BPT program placement order and departmental policies or procedures cannot be resolved.

• An out-of-state or federal prison placement is recommended.

• Meritorious credit is recommended to reduce an inmate’s period of confinement pursuant to PCPenal Code 2935.

• Current placement is by prior DRBDepartmental Review Board action and continuing DRBDepartmental Review Board responsibility for the case has not been waived.

• A headquarters level decision for placement is required because of an unusual threat to safety or public interest, i.e., commuted death row cases.

Cases for DRBDepartmental Review Board review shall be submitted by the Warden or Regional Administrator to the Chief, Classification Services.

Because the inmate’s C-file is not available to the DRBDepartmental Review Board, referrals shall contain all pertinent information.

When the referral is an appeal of a CSRClassification Staff Representative action, the Chief, Classification Services shall attempt to resolve the issues before presenting it to the DRBDepartmental Review Board.

The Chief, Classification Services, shall evaluate, add relevant factors to be considered and provide a recommendation for cases presented to the DRBDepartmental Review Board. This shall be provided on a CDC Form 128-G, which shall also provide for documentation of the DRBDepartmental Review Board action.

DRBDepartmental Review Board actions shall be implemented within 30 days.

The Director, DAIDivision of Adult Institutions (formerly Institutions Division), or designee shall ensure that the content of this Article is current and accurate.

PCPenal Code §§ 5068, 1170(d), 2935, 5054, and 5058.

CCRCalifornia Code of Regulations.