Chapter 6 – Adult Classification

Inmates committed to the Department who require specialized housing placements, shall be identified and evaluated for transfer to a special placement facility to ensure the safety of the inmate, security of the institution, and the safety of others.

This section establishes standard procedures for the identification, evaluation and transfer of inmates requiring specialized housing placement.

Purpose

• OTCPs are out-of-Department, in-state transfers of inmates from a facility of the Department to a city or county confinement facility within the State. Such placements are normally used for temporary housing pending arrangements for more permanent placement. The inmate’s transfer shall be a confidential matter, and all transfer documents shall only be noted as “Out-to-Confidential Placement.”

Requests for OTCPOut-To-Confidential Placements shall be referred to the Departmental Review Board (DRBDepartmental Review Board) through the Chief Deputy Director. In emergency situations the Chief Deputy Director may authorize such placement before the DRBDepartmental Review Board action; however, the referral shall still be made to the DRBDepartmental Review Board in all cases to document the reason and approval.

Upon the Chief Deputy Director’s or DRBDepartmental Review Board’s authorization, the case shall be referred to the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS) who shall coordinate arrangements between the LEIULaw Enforcement and Investigation Unit (see OCS) Office and city or county officials for the inmate’s placement and transportation.

The Department shall reimburse the city or county for the costs of such service. Billings must be addressed to the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS), who shall verify the period of the billing, and forward the billing to the accounting office for payment.

City and county officials shall be instructed not to send billings to the institution because the danger exists that persons who should not know the inmate’s location may become aware of it through the billing.

An inmate’s OTCPOut-To-Confidential Placements movement and the location are confidential. Only those persons who have a legitimate need-to-know may be informed of movement schedules and the inmate’s new location. Any persons inquiring as to the inmate’s location shall be referred to the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS).

The inmate’s records and files shall be retained by the sending institution until the inmate is returned to a departmental facility. The Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS), shall notify the institution’s CCRMCorrectional Case Records Manager and C&PRClassification & Parole Representative when the inmate is returned to a Department institution or has been transferred to another jurisdiction.

C-File

• In the inmate’s C-File, the CDC Form 112, Chronological History, the institution locator files and data entry to OBISOffender Based Information System shall be posted with “OTCPOut-To-Confidential Placements” (in the same way that out-to-court cases are posted) and the date of transfer to OTCPOut-To-Confidential Placements status. The inmate’s specific location shall not be shown on any record maintained by the institution, except as may be specifically authorized by the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS).

BPT (BPT, Board) Calendar

• The inmate remains in the technical custody of The Director and the sending institution while on OTCPOut-To-Confidential Placements status and shall be carried on the institution’s BPT calendar. The CCRMCorrectional Case Records Manager shall notify the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS), of any scheduled Board hearings and release dates of inmates on OTCPOut-To-Confidential Placements status at least 60 days before the scheduled event.

Mail

• Any mail and other material received or prepared by an institution for an inmate on OTCPOut-To-Confidential Placements status shall be forwarded to the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS).

When the OTCPOut-To-Confidential Placements is no longer required and the inmate is returned to the Department’s facilities, the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS) shall refer the case to the Chief, Classification Services, with a recommendation for housing.

If the inmate is returned to the sending institution, the movement shall not be reported on the institution’s Daily Movement Sheet. The inmate’s C-file, CDC Form 112, institutional location cards, and data entry to OBISOffender Based Information System shall be posted “returned from OTCPOut-To-Confidential Placements” and date of arrival.

Record Keeping

• If the inmate is returned to another institution, both institutions shall report the movement as a routine transfer between institutions. The receiving institution shall post the CDC Form 112 in the inmate’s C-file as being received from the sending institution by OTCPOut-To-Confidential Placements.

• When an inmate on OTCPOut-To-Confidential Placements is transferred to another state or to a federal institution, the movement shall be reported as an administrative transfer to FSPFolsom State Prison.

Location

• A section of CCICalifornia Correctional Institution’s AD-SEGAdministrative Segregation has been set aside as a high security unit for the housing of departmental protective custody, special interest, cases. The unit is referred to as a RHU to emphasize its highly restricted nature.

The unit shall not be utilized for the AD-SEGAdministrative Segregation, DD or temporary holding of any inmate without the prior approval of the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS). The unit shall not be an option for consideration by classification committees or CSRs in recommending or approving inmate transfers.

Inmate transfers to and from the RHU require the approval of the Assistant Director, LEIULaw Enforcement and Investigation Unit (see OCS).

Authorization

• Pursuant to PCPenal Code 4007, the Department may confine certain prisoners in its facilities, for any county in California.

When there is belief that a prisoner might be forcibly removed from a county jail, the sheriff may transport the prisoner to any departmental institution for safekeeping.

Warden Acceptance

• The Warden shall accept and detain such cases until removal is ordered by the superior court of the county from which the person was delivered. Immediately upon receiving such a prisoner, the Warden shall notify the Director in writing. There is no PCPenal Code provision for reimbursement for such cases.

When there is belief that a group of prisoners in a county jail are acting in concert and are a threat to others in the jail or are likely to cause substantial damage, with the consent of the Director, the court may, upon request of the county sheriff, designate the confinement of such prisoners in a departmental institution.

The court shall calendar the matter for a hearing within 48 hours of the order or the next judicial day to determine if it shall continue or rescind the order. The prisoner is entitled to be present and to be represented by counsel at the hearing. The court may modify or vacate such order at any time.

The rate of compensation for that confinement within a California State prison or facility shall be established by the Department and shall be a charge against the county making the request for confinement.

Prisoner Placement Consent

• The Warden is delegated to act for the Director in consenting to the prisoner’s placement in the institution.

The medical records of county prisoners accepted for safekeeping shall, when possible, be forwarded to the institution designated to receive the prisoner prior to the transfer. In emergency transfers, the records may be delivered with the prisoner.

Any psychiatric/psychological reports or case information that will aid the institution in handling the safekeeper shall be sent with the medical reports. This shall be agreed upon as a condition of acceptance.

Reception, Condemned Males

• SQRC is the reception center for all male incarcerated persons with a death sentence. Upon the completion of reception center processing, SQRC shall schedule the condemned incarcerated person for classification committee and transfer to an appropriate institution commensurate with the incarcerated person’s case factors. The incarcerated person shall return to SQCalifornia State Prison, San Quentin for execution of the death penalty after an execution date has been set.

Reception, Condemned Females

• The CCWFCentral California Women's Facility is the reception center for all female incarcerated persons with a death sentence. Upon the completion of reception center processing, CCWFCentral California Women's Facility shall schedule the condemned incarcerated person for classification committee and transfer to an appropriate institution commensurate with the incarcerated person’s case factors. Upon exhaustion of her appeal and by order of the Deputy Director, Institutions, a female incarcerated person sentenced to death shall be transferred to SQRC within three days of her execution date.

The Warden shall ensure that an Institutional Staff Recommendation Summary is prepared within 90 days of the inmate’s arrival. A copy of each summary shall be forwarded to the Chief, Correctional Case Records Services.

The Warden shall keep the Deputy Director, Institutions Division, the Director and Governor informed of any developments pertinent to condemned cases.

Records Processing

• Summaries, reports and notice of any judicial, administrative or executive action taken in death sentence cases shall be forwarded to the Director, by the Deputy Director, Institutions Division. Information concerning appeals filed by the inmate shall include, if possible, the names of the attorneys of record and any other information available from documents filed with the institution and shall also be transmitted to the Director, by the Deputy Director, Institutions Division. The Director shall forward one copy of the above material to the Governor, by the Legal Affairs Secretary, and to the BPT. One copy of the above material shall also be forwarded to the AGAttorney General’s Office in San Francisco by the Warden.

An inmate whose death sentence is commuted shall be transferred to a Reception Center to complete case processing.

The DRBDepartmental Review Board shall determine the inmate’s institution placement.

Murder 1st, Life W/O Possibility of Parole (LWO) Cases Inmates serving an LWO sentence shall be housed in a Level IVIntravenous institution. Any exceptions to this placement shall be by DRBDepartmental Review Board action.

Institutions with other than a Level IVIntravenous designation housing LWO inmates shall review these cases annually to determine if case factors continue to support their current placement.

Inmates serving a 25-to-life or long-term determinate sentence may be placed in a Level III institution unless any of the following factors are present:

• High notoriety or special interest cases involving extreme violence or extensive sexual assault. A special interest case is defined as one which received extensive media coverage, beyond the locale of the offense or trial.

• A history of multiple walkaways or an escape or attempted escape with force or the threat of force from an armed perimeter.

• A history of serious behavioral problems during the current term or prior term.

• A commitment offense which involves multiple murders, a 25-to-life sentence with enhancements which exceed three years or a maximum Determinate Sentencing Law term for more than 39 years, unless three years with good behavior have been served.

• Any outstanding felony holds/detainers, unless three years with good conduct have been served on the term.

New arrivals serving a sentence of seven to life or 15 to life are endorsed by a CSRClassification Staff Representative at the reception center for appropriate level placement.

Medical/Psychiatric

• Inmates requiring medical or psychiatric treatment who are completing a life term, shall be placed at an institution specifically staffed for this treatment.

An inmate serving any life term whose classification score has reached either level I or level II designation shall not be approved for placement in a Level I or II institution if one or more of the following factors exist.

• The commitment offense is for multiple murders, crimes of unusual violence or execution-type murders and received high notoriety.

• They have other sentences, enhancements or holds which constitute a term of 5 years or more.

• The inmate’s case history includes multiple walkaways or escape from a secure perimeter or escape with force or threat of force.

• An inmate serving a life term without an established parole date of three years or less shall not be housed in a Level I institution or assigned to a program outside a security perimeter.

• An inmate serving a life term whose classification score has not reached level I or level II classification level shall not be placed in a level I or II facility except by DRBDepartmental Review Board action.

Surrendering at Institution

When a parolee reports to an institution and requests admittance, they shall be interviewed by staff, preferably a Correctional Counselor prior to classification. Facts concerning their original offense, length of time on parole, criminal or technical violations while on parole and reason for the surrender shall be determined. Institutional staff shall ascertain that the person is a parolee by referring to institutional records or contacting:

• The Identification & Warrants Unit at (916) 445-6713 or ATSS 485-6713.

• The P&CSDParole & Community Services Division (see DAPO)’s unit office under which the person was supervised.

• The regional parole office having jurisdiction over the office where the person was on parole.

The sheriff or chief of police of the nearest city shall be requested to take the parolee into custody pending disposition by the P&CSDParole & Community Services Division (see DAPO).

Arrangements for the departmental bus to pick up technical PVs at county jails located along the normal routes may be made by the Deputy Director, P&CSDParole & Community Services Division (see DAPO), with the Chief Transportation Officer. These PVs shall be immediately transferred to the designated reception center, depending upon the parole region of assignment.

Whenever a parolee requires medical care, it shall ordinarily be provided by private physicians and facilities in the community. Costs for such care shall be provided by the parolee’s own resources or community welfare funds.

If the parolee is without sufficient funds, every effort shall be made to establish their eligibility for financial assistance (such as Medi-Cal) to enable utilization of local resources. Return to prison for health care services that are normally available in the community shall be utilized only if all other efforts to obtain health care fail.

Medical/Surgical/Dental Cases

• When a parolee requires medical, surgical, psychiatric or dental care of an emergency nature, and all efforts to obtain community services have failed, the parolee may consent to be returned to a correctional institution. The parole unit supervisor or designee shall contact the CMOChief Medical Officer, Medical Officer-of-the-Day (MODMedical Officer of the Day) or Chief Psychiatrist of the institutions designated:

  • Males to CIMCalifornia Institution for Men, California Mens Colony – East (CMCCalifornia Men's Colony-E), CMFCalifornia Medical Facility or females to CIWCalifornia Institution for Women.

• If the patient’s condition does not permit transfer to one of the above facilities, any institution may be utilized. On the next business day, the appropriate parole authority shall be notified of the return.

Psychiatric Cases

• Males from Parole Northern Region are placed at CMFCalifornia Medical Facility.

• Males from Parole Southern Region are placed at CIMCalifornia Institution for Men-RCC for initial custody/treatment screening prior to transfer to CMFCalifornia Medical Facility or CMCCalifornia Men's Colony-E or CIMCalifornia Institution for Men. Females from Parole Northern and Southern Region are placed at CIWCalifornia Institution for Women.

Transfer Requests

• Transfers shall be made during regular work hours. When necessary to effect a move during other than normal hours (nights, weekends or holidays), approval for the acceptance of a parolee shall rest with the institution’s Administrative Officer-of-the-Day and/or the MODMedical Officer of the Day.

• The administrator who approves an emergency transfer shall follow up by notifying the institution’s C&PRClassification & Parole Representative on the next workday for purposes of attaining necessary records and to ensure the case is brought to the attention of the appropriate parole authority.

• When the parolee is medically cleared the C&PRClassification & Parole Representative of the holding institution shall notify the parolee’s district administrator to effect removal from the institution by reinstatement on parole or other appropriate action. Such notification shall be made a matter of written record.

Escapees returned to the Department shall be processed as follows:

• Escapees from CRCCalifornia Rehabilitation Center and CIMCalifornia Institution for Men shall be housed in the Reception Center, Central at CIMCalifornia Institution for Men. However, the case shall be processed by staff of the institution from which the inmate escaped.

• All other escapees shall be returned to and processed at the institution from which they escaped.

Inmate Diagnosis and Treatment

• The BPT may request that the Director transfer an inmate when its review of a case determines the transfer is advisable for further diagnosis or treatment. The Department shall comply with the request where diagnostic facilities are, or become, available unless such a transfer violates the Department’s policy or would threaten institutional security.

• The BPT shall be advised of any determination that precludes such a transfer at the earliest reasonable time. It is the responsibility of the C&PRClassification & Parole Representative to advise the BPT if the request cannot be fulfilled.

CSRClassification Staff Representative/DRBDepartmental Review Board Review

• If a CSRClassification Staff Representative determines that the BPT request would violate departmental policy or present a security risk, they shall indicate this determination on the CDC Form 128-G, General Chrono, and request that the institution refer the case to the DRBDepartmental Review Board. The C&PRClassification & Parole Representative shall advise the BPT if the request would violate departmental policy or present a security risk. If the BPT reaffirms its decision, a DRBDepartmental Review Board referral shall be processed.

• If the DRBDepartmental Review Board determines the request is appropriate, a copy of its decision shall be sent to the referring institution. If the request is determined to be inappropriate, then that decision, including rationale, shall be noted on a CDC Form 128-G, and a copy shall be sent to the referring institution and BPT Chairman.

Processing

• A BPT recommendation for placement of an inmate in a departmental program for diagnosis or treatment shall be entered on BPT Forms 1010 and 1001.

• The counselor shall schedule the inmate for post-board classification and discuss the BPT request with the inmate.

• If the inmate agrees with the request and there is no problem in satisfying the request, the case shall be referred to a CSRClassification Staff Representative.

• If the inmate refuses to participate, the committee shall note their refusal on the CDC Form 128G and bring the refusal to the BPT’s attention at the inmate’s next regularly scheduled Board hearing.

Policy

• The Department shall provide secure housing apart from its general inmate population for the supervision and control of those inmates who endanger institutional security or the safety of themselves or others. Such housing is defined as AD-SEGAdministrative Segregation and specifically the units shall be designated per the following sections:

AD-SEGAdministrative Segregation – Temporary: Provides housing during the period of initial segregation pending the outcome of an investigation and placement by classification action.

AD-SEGAdministrative Segregation provides secure housing upon the initial period of separation from the general population for any reason until a classification committee has determined whether the inmate’s placement should be in a specialized housing unit or in the general population.

Each institution shall designate and have approved by the Deputy Director of Institutions, a maximum number of beds for AD-SEGAdministrative Segregation in a secure facility section as follows:

• Housing shall be in a secure designated unit with custody established at no lower than Close B.

Note: The reception center at CIMCalifornia Institution for Men shall provide such housing for CRCCalifornia Rehabilitation Center.

Placement in AD-SEGAdministrative Segregation shall be limited to those cases where reasons exist that the inmate’s continued presence in the general population would do any of the following:

• Endanger the security of the institution.

• Jeopardize the integrity of a serious misconduct or criminal investigation.

• Endanger the safety of the inmate or others.

An inmate shall not be placed or retained in segregation on the basis of undisclosed information unless staff verifies that to identify the source of information would endanger the safety of the source or institutional security.

When confidential information is used to place or retain an inmate in AD-SEGAdministrative Segregation or to support charges on a CDC Form 115, Rules Violation Report; a Confidential Information Disclosure (CDC Form 1030) shall be prepared [refer to DOMDepartment Operations Manual 61020]. A copy of the confidential information disclosure form will be given to the inmate at least 24 hours prior to the initial AD-SEGAdministrative Segregation classification review or the disciplinary hearing. The document shall reveal as much information as possible without identifying the source. The document shall evaluate the reliability of the source and a statement of the reasons why the identity of the source is not disclosed.

Reason for Placement

• All determinations affecting an inmate’s placement, degree of custody, or program while in AD-SEGAdministrative Segregation shall be through the classification process.

• Authority to order an inmate’s placement shall not be delegated below the level of lieutenant except when lower level staff is the highest-ranking official on duty.

• Within 48 hours of AD-SEGAdministrative Segregation placement, a staff member not less than a lieutenant or CCCorrectional Counselor-II shall provide the inmate with a CDC Form 114 D, Order and Hearing for Placement in Segregated Housing; or CDC Form 115 which documents a clear and specific reason for their removal from the general population.

• Within two work days following an inmate’s placement in Ad.-Seg, staff designated at not less than the level of captain shall review the order portion of the CDC Form 114-D to make a determination regarding retention in AD-SEGAdministrative Segregation.

An inmate’s placement in temporary AD-SEGAdministrative Segregation shall be reviewed by the ICCInstitution Classification Committee within ten days of receipt in the unit. ICCInstitution Classification Committee shall determine whether to retain in temporary segregation or release to the general population. ICCInstitution Classification Committee shall review the inmate at least every 30 days thereafter until the inmate is released from temporary segregation.

ICCInstitution Classification Committee shall refer for CSRClassification Staff Representative review and approval, any case retained in temporary AD-SEGAdministrative Segregation for more than 30 days. ICCInstitution Classification Committee shall make a recommendation concerning continuance in temporary segregation pending completion of an investigation, resolution of court proceedings or transfer to another facility. ICCInstitution Classification Committee shall designate an anticipated length of time needed to complete the investigation or court process.

PHUs provide secure housing for inmates whose safety would be endangered by general population placement.

PHUs shall be designated housing for inmates which custody requirements have been established at no lower than Maximum B custody.

An inmate whose safety would be endangered by general population placement may be placed in the PHUProtective Housing Unit providing the following criteria are met.

• The inmate does not require specialized housing for reasons other than protection.

• The inmate does not have a serious psychiatric or medical condition requiring prompt access to hospital care.

• The inmate is not documented as a member or an affiliate of a prison gang.

• The inmate does not pose a threat to the safety or security of other inmates in the PHUProtective Housing Unit.

• The inmate has specific, verified enemies as identified on CDC Form 812 (Notice of Critical Case Information – Safety of Persons) likely to and capable of causing the inmate great bodily harm if placed in general population.

• The inmate has notoriety likely to result in great bodily harm if placed in the general population.

• There is no alternative placement which will ensure the inmate’s safety and provide the degree of control required for the inmate.

• It has been verified that the inmate is in present danger of great bodily harm.

The inmate’s uncorroborated personal report, the nature of the commitment offense, or record of prior protective custody housing shall not be the sole basis for PHUProtective Housing Unit placement.

Each classification committee recommendation for PHUProtective Housing Unit placement shall be presented to the next available CSRClassification Staff Representative. Alternative placement shall be approved or the case deferred for presentation to the designated PHUProtective Housing Unit CSRClassification Staff Representative.

Approval by the designated PHUProtective Housing Unit CSRClassification Staff Representative is required for all PHUProtective Housing Unit placements. Emergency transfer approval may be granted by the Classification Services duty officer by FAX to avoid unusual delays. A copy of the emergency FAX approval shall be routed to the designated PHUProtective Housing Unit CSRClassification Staff Representative by the Classification Services duty officer.

Inmates in PHUProtective Housing Unit who are recommended by a committee for alternative placement shall be processed in the same manner as a routine transfer and do not require endorsement by the designated PHUProtective Housing Unit CSRClassification Staff Representative.

A PSUPsychiatric Services Unit provides secure housing and care for inmates with diagnosed psychiatric disorders not requiring in-patient hospital care, whose conduct threatens the safety of themselves or others.

Criteria for placement in PSUPsychiatric Services Unit is as follows:

• The inmate shall be diagnosed as suffering from a major psychiatric disorder but not disabled to the extent requiring hospitalization.

• The inmate’s conduct poses a serious threat to the safety of themselves or others if housed in the general population.

• The inmate is capable of participating in unit or group activity without undue risk to the safety of themselves or others.

Inmates who require PSUPsychiatric Services Unit housing and meet the established criteria, shall be referred by a classification committee to a CSRClassification Staff Representative for PSUPsychiatric Services Unit placement. The referral shall include a CDC Form 128-C, Medical Chrono; indicating the psychiatric disorder diagnosis and recommended placement.

Approval by the designated CSRClassification Staff Representative is required for PSUPsychiatric Services Unit placement.

Inmates in the PSUPsychiatric Services Unit who are recommended by a committee for alternate placement shall be processed in the same manner as a routine transfer request, except that a current CDC Form 128-C is required for the CSRClassification Staff Representative’s review.

SHUs provide secure housing for inmates whose conduct endangers the safety of others or the security of the institution.

Inmates assigned to SHUSecurity Housing Unit shall be designated Maximum A or Maximum B custody.

An inmate shall be released from SHUSecurity Housing Unit upon expiration of their Minimum Eligible Release Date (MERDMinimum Eligible Release Date), if any, or after twelve (12) months of consecutive confinement, whichever is shorter, unless before the MERDMinimum Eligible Release Date or period expires they are afforded all the hearing rights that attend initial placement in segregation.

An inmate shall be placed in SHUSecurity Housing Unit if:

• The inmate has requested segregation for their own protection and the need can be substantiated by appropriate staff.

• The inmate is newly arrived at the institution and more information is needed to determine whether the inmate may be incompatible with any element of the general population. No inmate shall be involuntarily segregated for this reason for more than ten (10) days.

• The inmate has been found guilty of a disciplinary offense sufficiently serious to warrant confinement for a fixed term in segregation, and the term is fixed in conformance with the SHUSecurity Housing Unit Term Assessment Chart.

• The inmate’s continued presence in general population would severely endanger lives of inmates or staff, the security of the institution or the integrity of an investigation into suspected criminal activity.

An inmate shall not be placed or retained in a SHUSecurity Housing Unit on the basis of undisclosed information.

The identity of any person providing information cited in support of placement or retention of an inmate in a SHUSecurity Housing Unit may be withheld at the hearing only if disclosure would endanger the safety of the source or institutional security.

In any instance where the identity of the source is withheld, the inmate shall not be placed or retained in a SHUSecurity Housing Unit in absence of a CDC Form 1030, available to the inmate, setting forth an evaluation of the reliability of the source and a statement of the reasons why the identity of the source is not disclosed.

The ICCInstitution Classification Committee shall recommend appropriate cases for an indeterminate period of confinement or shall establish a determinate term and present the case to a CSRClassification Staff Representative within 30 days of AD-SEGAdministrative Segregation placement, but in no case later than 45 days. Inmates in AD-SEGAdministrative Segregation endorsed for and awaiting transfer to a SHUSecurity Housing Unit shall be deemed a SHUSecurity Housing Unit inmate.

Each institution shall establish a determinate period of confinement in SHUSecurity Housing Unit for serious offenses that occurred at that facility.

The Unit Classification Committee (UCCUnit Classification Committee) shall assign the appropriate custody for inmates endorsed for SHUSecurity Housing Unit from other institutions.

The UCCUnit Classification Committee shall assign the appropriate custody and recommend a determinate term or indeterminate status when the conduct causing the inmate’s placement occurred at that institution.

The UCCUnit Classification Committee shall also recommend the commutation, suspension or release from a determinate term and the imposition, retention or release from indeterminate status and the assessment of a subsequent SHUSecurity Housing Unit term if it is viewed as appropriate.

The ICCInstitution Classification Committee shall place the inmate on indeterminate SHUSecurity Housing Unit status or establish a determinate term when the conduct causing the inmate’s placement occurred at the institution.

The ICCInstitution Classification Committee shall also act to retain or release SHUSecurity Housing Unit inmates who complete a determinate term or 12 months of SHUSecurity Housing Unit confinement.

Such cases shall be referred by ICCInstitution Classification Committee to a CSRClassification Staff Representative within 30 days, but no later than 45 days from initial placement or the recommendation to release or retain the inmate in SHUSecurity Housing Unit. The CSRClassification Staff Representative referral shall include a placement recommendation.

The CSRClassification Staff Representative shall refer the case to the Chief Deputy Warden for review if there is a difference of opinion with the ICCInstitution Classification Committee action.

Differences of opinion not resolved by the Chief Deputy Warden shall be submitted to the Chief, Classification Services, in Departmental Review Board format for resolution.

Establishing Terms

• SHUSecurity Housing Unit terms shall be established by ICCInstitution Classification Committee using the SHUSecurity Housing Unit Term Assessment Chart and the following forms: CDC Form 629C, Factors in Mitigation or Aggravation, CDC Form 629A, SHUSecurity Housing Unit Term Assessment Worksheet, CDC Form 629B, Assessment of Subsequent SHUSecurity Housing Unit Term Worksheet, and the CDC Form 629D, SHUSecurity Housing Unit Time Computation Table.

The term shall be set at the expected term for the offense in the absence of mitigating or aggravating factors. Deviation from the expected term shall be supported by documentation of circumstances in aggravation or mitigation on the CDC Form 128-G.

The terms shall be recorded on CDC Form 629-A using the SHUSecurity Housing Unit Time Computation Table which incorporates one quarter Good Time Credit in the term. The computation establishes a maximum release date and a MERDMinimum Eligible Release Date. A copy of the CDC Form 629-A shall be given to the inmate.

Serious misconduct while in SHUSecurity Housing Unit may result in a determinate term for inmates on indeterminate status, or loss of clean conduct credits or an additional SHUSecurity Housing Unit term for those serving determinate terms. An additional term may be concurrent or consecutive and shall be recorded on CDC Form 629-B with a copy to the inmate. Such cases do not require CSRClassification Staff Representative review.

Consecutive SHUSecurity Housing Unit terms shall only be assessed for offenses that occur after establishing the initial SHUSecurity Housing Unit term. Any offense(s) that occur(s) in AD-SEGAdministrative Segregation awaiting computation of the initial determinate term shall be assessed on the CDC Form 629-A.

The ICCInstitution Classification Committee may commute or suspend any portion of a determinate term. Once commuted, the term shall not be re-imposed. If suspended, the period of suspension shall not exceed the length of the original term imposed. When either action occurs, the case shall be referred to a CSRClassification Staff Representative with a placement recommendation.

The UCCUnit Classification Committee shall conduct classification hearings on all indeterminate cases to determine the need for SHUSecurity Housing Unit retention in 120-day intervals.

When alternate placement is possible, the UCCUnit Classification Committee shall refer the case to a CSRClassification Staff Representative with a recommendation. The ICCInstitution Classification Committee shall review all indeterminate cases and refer them to the CSRClassification Staff Representative at least annually for alternate placement consideration.

The UCCUnit Classification Committee shall conduct hearings on all determinate cases at least 30 days prior to their MERDMinimum Eligible Release Date expiration or during the eleventh month from the date of placement, whichever comes first.

Inmates who are being considered by a UCCUnit Classification Committee for SHUSecurity Housing Unit retention beyond 12 months shall be afforded all the hearing rights that attend initial AD-SEGAdministrative Segregation or SHUSecurity Housing Unit placement.

Determinate SHUSecurity Housing Unit terms shall only be served in a departmentally approved SHUSecurity Housing Unit or a facility specifically designed for that purpose.

When an inmate is found guilty of an offense listed in the SHUSecurity Housing Unit Term Assessment Chart and the ICCInstitution Classification Committee does not believe placement in SHUSecurity Housing Unit is warranted based on the circumstances of the offense, or other factors, it shall establish a term of confinement and commute or suspend the term.

Parolees Returned to Prison

• When an inmate paroles while serving a determinate term, the remaining time on the term is automatically suspended. When an inmate returns, either as a PVParole Violator or with a new prison commitment, ICCInstitution Classification Committee shall evaluate the case for re-imposition of the suspended determinate term. If re-imposed, the term shall not exceed the time remaining on the term at the time of parole.

The SCU is an unlicensed facility intended to provide housing for inmates who are in remission from mental illness and those who are incapable of participating in the regular institution program. Inmates housed in the SCU will be provided a program that includes occupational therapy and group counseling.

Inmates with acute mental illness shall be referred for treatment to Metropolitan State Hospital.

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