Chapter 6 – Adult Classification

62010.4.2.1 Adverse Effect

• 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.