Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Full-time and half-time defined.
(1)
Full-time work or training assignments normally mean eight hours per day on a
five day per week basis, exclusive of meals.
(2) Half-time work or training assignments
normally mean four hours per day on a five day per week basis, exclusive of
meals.
(b) Consistent
with the provisions of section
3375, all assignments or
re-assignments to a work group shall be approved by a classification committee.
(1) Work Group A-1 (Full-Time Assignment). An
incarcerated person willing and able to perform an assignment on a full-time
basis shall be assigned to Work Group A-1, except when the incarcerated person
qualifies for the assignment of Work Group F or Work Group M pursuant to
sections 3044(b)(7) or
3044(b)(8). The
work day shall not be less than 6 hours of work participation and the work week
no less than 30 hours of work participation, as designated by assignment. Those
programs requiring an incarcerated person to participate during other than the
normal schedule of eight-hours-per-day, five-days-per-week (e.g.,
10-hours-per-day, four-days-per-week) or programs that are scheduled for
seven-days-per-week, requiring incarcerated person attendance in shifts (e.g.,
three days of 10 hours and one day of five hours) shall be designated as
"special assignments" and require departmental approval prior to
implementation. "Special assignment" shall be entered on the incarcerated
person's timekeeping log by the staff supervisor.
(A) Any incarcerated person assigned to a
required Rehabilitative Program managed by DRP, as defined in section
3000, shall be assigned to Work
Group A-1, except when the incarcerated person qualifies for the assignment of
Work Group M pursuant to subsection
3044(b)(8).
(B) Any incarcerated person assigned to a
combination of half-time work assignment and any Rehabilitative Program managed
by DRP as described in section
3044(b)(1)(A),
shall be assigned to Work Group A-1, except when the incarcerated person
qualifies for the assignment of Work Group M pursuant to section
3044(b)(8).
(C) A full-time college program may be
combined with a half-time work or career technical education program equating
to a full-time assignment. The college program shall consist of twelve units in
credit courses only leading to an associate's degree in two years or a
bachelor's degree in four years.
(D) Any incarcerated person diagnosed by a
physician or mental health clinician as totally disabled and therefore
incapable of performing an assignment, shall remain assigned to Work Group A-1
throughout the duration of their total disability, unless the incarcerated
person is assigned to Work Group C, Work Group D-1, Work Group D-2, or Work
Group M in accordance with sections
3044(b)(4),
3044(b)(5),
3044(b)(6), or
3044(b)(8).
(E) Any incarcerated person diagnosed by a
physician or mental health clinician as partially disabled shall be assigned to
an assignment within the physical and mental capability of the incarcerated
person as determined by the physician or mental health clinician, unless
changed by disciplinary action.
(2) Work Group A-2 (Involuntarily
Unassigned). An incarcerated person willing but unable to perform in an
assignment shall be assigned to Work Group A-2, if the incarcerated person does
not qualify for assignment to Work Group M pursuant to section
3044(b)(8) and
either of the following is true:
(A) The
incarcerated person is placed on a waiting list pending availability of an
assignment.
(B) The unassigned
incarcerated person is awaiting adverse transfer to another
institution.
(3) Work
Group B (Half-Time Assignment). An incarcerated person willing and able to
perform an assignment on a half-time basis shall be assigned to Work Group B,
except when the incarcerated person qualifies for the assignment of Work Group
M pursuant to section
3044(b)(8).
Half-time programs shall normally consist of an assignment of four hours per
workday, excluding meals, five-days-per-week, or full-time enrollment in
college consisting of twelve units in credit courses leading to an associate's
degree or bachelor's degree. The work day shall be no less than three hours and
the work week no less than fifteen hours.
(4) Work Group C (Disciplinary Unassigned;
Zero Credit).
(A) Any incarcerated person who
twice refuses to accept assigned housing, who refuses to accept or perform in
an assignment, or who is deemed a program failure as defined in section
3000 by a classification committee
shall be assigned to Work Group C for a period not to exceed the number of
disciplinary credits forfeited due to the serious disciplinary infraction(s) or
180 days, whichever is less, except when the incarcerated person qualifies for
assignment to Work Group D-2 in accordance with subsection
3044(b)(6)(C).
(B) An incarcerated person assigned to this
work group shall not be awarded Good Conduct Credit, as described in section
3043.2, for a period not to exceed
the number of disciplinary credits forfeited or 180 days, whichever is less,
and shall revert to their previous work group upon completion of the credit
forfeiture, unless the incarcerated person no longer qualifies for assignment
to Work Group F or Work Group M due to the totality of their case factors. In
such exceptional circumstances, the incarcerated person shall be assigned to
another work group in accordance with this section. The incarcerated person
shall also be referred to a classification committee for placement on an
appropriate waiting list.
(5) Work Group D-1 (Restricted Housing
Status). An incarcerated person assigned to a Restricted Housing Unit (RHU) or
other restricted housing shall be assigned to Work Group D-1, unless the
incarcerated person qualifies for continued assignment to Work Group F or Work
Group M or initial assignment to Work Group M in accordance with subsections
3044(b)(7)(D),
3044(b)(7)(E),
3044(b)(8)(E), or
3044(b)(8)(F); or
the incarcerated person meets criteria for Work Group D-2 pursuant to
subsection
3044(b)(6).
(6) Work Group D-2 (Restricted Housing
Status: Zero Credit).
(A) Unless the
exceptional criteria specified in subsection
3044(b)(6)(B) are
met, an incarcerated person serving an imposed RHU term pursuant to subsection
3337(g) in
restricted housing shall be assigned to Work Group D-2, effective the date of
the Rules Violation Report, for a period not to exceed the number of whole-day
credits forfeited for the rule violation or 180 days, whichever is less, up to
the RHU Maximum Release Date or the date the Institution Classification
Committee suspends the remainder of the RHU term. Following completion of the
period of assignment to Work Group D-2 of credit forfeiture, the incarcerated
person shall be reevaluated by a classification committee for assignment to
another work group.
(B) An
incarcerated person serving an imposed RHU term pursuant to subsection
3337(g) in
restricted housing due to a guilty finding for a Division A-1 offense, as
designated in subsection
3323(b), and
which involved serious bodily injury on a non-incarcerated person, shall be
assigned to Work Group D-2, effective the date of the Rules Violation Report,
for a period not to exceed the number of whole-day credits forfeited for the
rule violation or 360 days, whichever is less, up to the RHU Maximum Release
Date or the date the Institution Classification Committee suspends the
remainder of the RHU term. Following completion of the period of credit
forfeiture, the incarcerated person shall be re-evaluated by a classification
committee for assignment to another work group.
(C) An incarcerated person in RHU, or other
restricted housing, who is deemed a program failure as defined in section
3000 may be assigned to Work Group
D-2 by a classification committee for a period not to exceed the number of
credits forfeited for the rules violation(s) or 180 days, whichever is less. An
incarcerated person assigned to Work Group C at the time of placement in RHU,
or other restricted housing, or who refuses to accept or perform work
assignments shall be assigned to Work Group D-2. An incarcerated person
released from RHU, or other restricted housing, may be assigned to Work Group C
by a classification committee, not to exceed the remaining number of
disciplinary credits forfeited due to the serious disciplinary infraction(s) or
180 days, whichever is less.
(D) If
the administrative finding of misconduct is overturned or if the incarcerated
person is criminally prosecuted for the misconduct and is found not guilty,
Good Conduct Credit shall be restored.
(7) Work Group F (Minimum B Custody and
Firefighting or Non-Firefighting Camp Placement). Assignment to Work Group F
awards Good Conduct Credit pursuant to subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or 3043.2(b)(5)(D).
(A) An incarcerated person assigned to
Minimum B Custody who has successfully completed the requisite physical fitness
training and firefighting training to be assigned as a firefighter to a
Department of Forestry and Fire Protection fire camp or as a firefighter at a
Department of Corrections and Rehabilitation firehouse shall be assigned to
Work Group F.
(B) An incarcerated
person assigned to Minimum B Custody who is placed in a Department of Forestry
and Fire Protection fire camp for assignment to a non-firefighter position
shall be assigned to Work Group F.
(C) An incarcerated person placed in Work
Group F who is found guilty of a serious rule violation as defined in
subsections
3323(b),
3323(c), or
3323(d); found
guilty of a rule violation involving use or possession of any unauthorized
communication device or of any narcotic, drug, drug paraphernalia, controlled
substance, alcohol, or other intoxicant, as defined in subsections
3323(e),
3323(f),
3323(g), or
3323(h); placed
in a zero credit Work Group C pursuant to subsection
3044(b)(4) or
Work Group D2 pursuant to subsection
3044(b)(6); or
otherwise removed from this assignment due to safety or security
considerations, shall be assigned to another work group consistent with the
remaining provisions of this section and shall be ineligible to receive Good
Conduct Credit pursuant to subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or 3043.2(b)(5)(D).
An incarcerated person who has been removed from this assignment under the
circumstances described above may be re-assigned to Work Group F, after an
appropriate period of time, by a classification committee.
(D) An incarcerated person assigned to Work
Group F who is temporarily placed in RHU or other restricted housing;
designated by the Institution Classification Committee as Non-Disciplinary
Restricted Housing (NDRH) pursuant to subsection
3335(b); and who
otherwise remains eligible for continued assignment to Work Group F pursuant to
subsections
3044(b)(7)(A) or
3044(b)(7)(B)
shall continue to be assigned Work Group F for the duration of their NDRH
placement.
(E) An incarcerated
person initially assigned to Work Group D-1 by the Institution Classification
Committee due to placement in RHU or other restricted housing pursuant to
subsection
3044(b)(5) and
who was not designated for NDRH by the Institution Classification Committee;
otherwise eligible for the assignment to Work Group F pursuant to subsections
3044(b)(7)(A) or
3044(b)(7)(B)
during the period of restricted housing; and was not found guilty of the
serious rule violation which was the reason for RHU or other restricted housing
placement shall be made whole by retroactive assignment to Work Group F
beginning with the effective date that Work Group D-1 was originally imposed
and for the same number of days that they were assigned to Work Group
D-1.
(F) An incarcerated person
assigned to Work Group F pursuant to subsection
3044(b)(7) for a
cumulative period of twelve months or more on their current term of
incarceration shall continue to earn Good Conduct Credit pursuant to
subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or 3043.2(b)(5)(D)
upon transfer to an alternative custody setting as defined in subsection
3043(d).
(G) An incarcerated person may be assigned
Minimum B Custody and Work Group F, if the incarcerated person meets the
criteria noted above and all of the following are true:
1. The incarcerated person is wanted for a
felony by an out-of-state law enforcement agency (other than a Federal
agency).
2. The agency does not
have a detainer placed with the department for the felony.
3. The incarcerated person's central file
documents that the agency communicated to the department that they will not
extradite the incarcerated person for the purpose of prosecution of the
felony.
4. The totality of the
incarcerated person's remaining case factors does not preclude the assignment
of Minimum B Custody.
(8) Work Group M (Minimum Custody or
otherwise eligible for Minimum Custody). Assignment to Work Group M awards Good
Conduct Credit pursuant to subsections
3043.2(b)(5)(A)
and 3043.2(b)(5)(B).
(A) Effective January 1, 2018, an
incarcerated person assigned to Minimum A Custody or Minimum B Custody who does
not qualify for assignment to Work Group F pursuant to subsection
3044(b)(7) shall
be assigned to Work Group M. Work Group M may be assigned retroactively to May
1, 2017. However, Good Conduct Credit awarded pursuant to subsections
3043.2(b)(5)(A)
and 3043.2(b)(5)(B)
shall be limited in accordance with subsection
3043(c).
(B) Effective January 1, 2018, an
incarcerated person otherwise eligible for assignment to Minimum A Custody or
Minimum B Custody whose eligibility for such assignment is limited solely due
to their 1) placement in the Mental Health Services Delivery System at the
Enhanced Outpatient level of care or higher level and/ or 2) medical or mental
health status which requires additional clinical and custodial supervision as
determined by the classification committee, shall be assigned to Work Group M.
Work Group M may be assigned retroactively to May 1, 2017. However, Good
Conduct Credit awarded consistent with subsections
3043.2(b)(5)(A)
and 3043.2(b)(5)(B)
shall be limited in accordance with subsection
3043(c).
(C) Effective January 1, 2018, an
incarcerated person may be assigned Minimum A or Minimum B Custody and/ or Work
Group M, which may be applied retroactively to May 1, 2017, if the incarcerated
person meets the criteria noted above and all of the following, are true:
1. The incarcerated person is wanted for a
felony by an out-of-state law enforcement agency (other than a Federal
agency).
2. The agency does not
have a detainer placed with the Department for the felony.
3. The incarcerated person's central file
documents that the agency communicated to the Department that they will not
extradite the incarcerated person for the purpose of prosecution of the
felony.
4. The totality of the
incarcerated person's remaining case factors does not preclude the assignment
of Minimum A and Minimum B Custody or the incarcerated person is otherwise
eligible for assignment to Minimum A or Minimum B Custody as described in
section 3044(b)(8)(B).
(D) An incarcerated person assigned to Work
Group M who is found guilty of a serious rule violation as defined in
subsections
3323(b),
3323(c), or
3323(d), found
guilty of a rule violation involving use or possession of any unauthorized
communication device or of any narcotic, drug, drug paraphernalia, controlled
substance, alcohol, or other intoxicant, as defined in subsections
3323(e),
3323(f),
3323(g), or
3323(h), placed
in zero credit Work Group C pursuant to subsection
3044(b)(4) or
Work Group D2 pursuant to subsection
3044(b)(6), or
otherwise removed from this assignment due to safety or security
considerations, shall be reassigned to another work group consistent with the
remaining provisions of this section and shall be ineligible to receive Good
Conduct Credit pursuant to subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or 3043.2(b)(5)(D).
An incarcerated person who has been removed from this assignment under the
circumstances described above may be assigned to Work Group M again, after an
appropriate period of time, by a classification committee.
(E) An incarcerated person eligible for
initial assignment to Work Group M or who is assigned to Work Group M who is
temporarily placed in RHU or other restricted housing; designated by the
Institution Classification Committee as NDRH pursuant to subsection
3335(b); and who
otherwise remains eligible for initial or continued assignment to Work Group M
pursuant to subsections
3044(b)(8)(A) or
3044(b)(8)(B)
shall be assigned Work Group M for the duration of their NDRH
placement.
(F) An incarcerated
person initially assigned to Work Group D-1 by the Institution Classification
Committee due to placement in RHU or other restricted housing pursuant to
subsection
3044(b)(5) and
who was not designated for NDRH by the Institution Classification Committee;
was otherwise eligible for the assignment to Work Group M pursuant to
subsections
3044(b)(8)(A) or
3044(b)(8)(B)
during the period of restricted housing; and was not found guilty of the
serious rule violation which was the reason for RHU or other restricted housing
placement shall be made whole by retroactive assignment to Work Group M
beginning with the effective date that Work Group D-1 was originally imposed
and for the same number of days they were assigned to Work Group D-1.
(G) Except when otherwise precluded by this
section, an incarcerated person who undergoes reception center processing with
a permanent disability that impacts placement or who is receiving dialysis
treatment; who, as determined by a classification committee, experienced an
extended stay in the reception center beyond 60 days solely due to the
disability; and qualifies for the assignment of Work Group M pursuant to this
section, shall be assigned Work Group M effective the 61st day of the stay at
the reception center. Work Group M may be assigned retroactively to May 1,
2017. However, Good Conduct Credit awarded consistent with subsections
3043.2(b)(5)(A)
and 3043.2(b)(5)(B)
shall be limited in accordance with subsection
3043(c).
(9) Work Group U (Unclassified). An
incarcerated person undergoing reception center processing shall be assigned to
Work Group U from the date of their reception until classified at their
assigned institution, except when the incarcerated person is assigned Work
Group M by a classification committee prior to the completion of reception
center processing in accordance with section
3044(b)(8)(G).
(c) Privileges. Privileges for each work
group shall be those privileges earned by the incarcerated person. Incarcerated
person privileges are administratively authorized activities and benefits
required of the secretary, by statute, case law, governmental regulations, or
executive orders. Incarcerated person privileges shall be governed by an
incarcerated person's behavior, custody classification and assignment. A formal
request or application for privileges is not required unless specified
otherwise in this section. Institutions may provide additional incentives for
each privilege group, subject to availability of resources and constraints
imposed by security needs.
(1) To qualify for
privileges generally granted by this section, an incarcerated person shall
comply with rules and procedures and participate in assigned
activities.
(2) Privileges
available to a work group may be denied, modified, or temporarily suspended by
a hearing official at a disciplinary hearing upon a finding of an incarcerated
person's guilt for a disciplinary offense as described in sections
3314 and
3315, by a classification
committee action changing the incarcerated person's custody classification,
work group, privilege group, or institution placement, or pursuant to
subsection
3044(f)(1)(B).
(3) Disciplinary action denying, modifying,
or suspending a privilege for which an incarcerated person would otherwise be
eligible shall be for a specified period not to exceed 30 days for an
administrative rule violation or 90 days for a serious rule violation. Loss of
privileges shall not preclude an incarcerated person from possessing a network
capable tablet for CDCR approved and mandatory functional uses when there is no
alternative to perform the function, including, but not limited to: approved
educational programs, filing appeals and grievances, and scheduling medical
appointments. If the disciplinary sanctions provide for a temporary suspension
of services, the Hearing Officer or Senior Hearing Officer may suspend or
restrict specific discretionary features for the time specified in the
disposition of the rules violation report.
(4) A permanent change of an incarcerated
person's privilege group shall be made only by classification committee action
under provisions of section
3375. Disciplinary or
classification committee action changing an incarcerated person's privileges or
privilege group shall not automatically affect the incarcerated person's work
group classification.
(5) No
incarcerated person or group of incarcerated persons shall be granted
privileges not equally available to other incarcerated persons of the same
custody classification and assignment who would otherwise be eligible for the
same privileges, except as determined by Subsections
3376(d)(3)(E)1.
through 3376(d)(3)(E)6.
(6) Changes
in privilege group status due to the incarcerated person's placement in RHU:
(A) An incarcerated person housed in RHU
shall be designated Privilege Group D with the exception of:
1. Incarcerated persons designated as NDRH,
who shall retain their privilege group prior to RHU placement;
2. Incarcerated persons who are assigned to
the Debrief Processing Unit (DPU) in accordance with section
3378.7; and
3. Incarcerated persons who are on
Administrative RHU status in accordance with subsection
3044(i).
(7) An incarcerated person in any
Rehabilitative Program managed by DRP shall be eligible for available
privileges subject to participating in assignment programs and shall not
require a privilege group designation with the exception of sections
3044(f) or
(g).
(8) An incarcerated person's privileges shall
be conditioned upon each of the following:
(A) The incarcerated person's compliance with
procedures governing those privileges.
(B) The incarcerated person's continued
eligibility.
(C) The incarcerated
person's good conduct and satisfactory participation in an
assignment.
(9)
Incarcerated persons returned to custody from parole may be eligible to receive
privileges based upon their satisfactory participation in an
assignment.
(10) When assigned to a
RCGP facility, the incarcerated person's privileges shall be in accordance with
section 3378.9.
(11) Incarcerated persons may receive up to a
maximum of four (4) packages per calendar year (one (1) per quarter) in
accordance with their assigned privilege group.
(d) Privilege Group A:
(1) Criteria:
(A) Full-time assignment as defined in
section 3044(a).
(B) An incarcerated person diagnosed by a
physician or mental health clinician as totally disabled shall remain in
Privilege Group A, unless changed by disciplinary action.
(C) An incarcerated person designated by a
physician or mental health clinician as partially disabled pursuant to section
3044(b)(1)(E)
shall remain in Privilege Group A, unless changed by disciplinary
action.
(2) Privileges
for Privilege Group A are as follows:
(A)
Family visits limited only by the institution/facility resources, security
policy, section
3177(b), or other
law.
(B) Visits during
non-work/training hours, limited only by availability of space within facility
visiting hours, or during work hours when extraordinary circumstances exist as
defined in subsection
3045.2(d)(2).
NDRH incarcerated persons in Privilege Group A are restricted to non-contact
visits consistent with those afforded to other incarcerated persons in
RHU.
(C) Maximum monthly canteen
draw as authorized by the secretary.
(D) Telephone access during the incarcerated
person's non-work/training hours limited only by institution/facility telephone
capabilities under normal operating conditions.
(E) Kiosk access during the incarcerated
person's non-work or non-training hours are limited only by institution or
vendor capabilities.
(F) Access to
yard, recreation and entertainment activities during the incarcerated person's
non-working/training hours and limited only by security needs.
(G) Excused time off as described in section
3045.2.
(H) The receipt of four incarcerated person
packages, 30 pounds maximum weight each, per year. Incarcerated persons may
also receive special purchases, as provided in subsections
3190(j) and
(k).
(I) Tablet access during the incarcerated
person's non-work/training hours limited only by institution or vendor
capabilities.
(e) Privilege Group B:
(1) Criteria, any of the following:
(A) Half-time assignment as defined in
section 3044(a) or
involuntarily unassigned as defined in section
3044(b).
(B) A hearing official may temporarily place
an incarcerated person into the group as a disposition pursuant to section
3314 or
3315.
(2) Privileges for Privilege Group B are as
follows:
(A) One family visit each six months,
unless limited by section
3177(b) or other
law.
(B) Visits during
non-work/training hours, limited only by availability of space within facility
visiting hours, or during work hours when extraordinary circumstances exist, as
defined in subsection
3045.2(d)(2).
NDRH incarcerated persons in Privilege Group B are restricted to non-contact
visits consistent with those afforded to other incarcerated persons in
RHU.
(C) Seventy-five percent (75%)
of the maximum monthly canteen draw as authorized by the secretary.
(D) Telephone access during the incarcerated
person's non-work/training hours limited only by institution/facility telephone
capabilities under normal operating conditions.
(E) Kiosk access during the incarcerated
person's non-work/training hours limited only by institution or vendor
capabilities.
(F) Access to yard,
recreation, and entertainment activities during the incarcerated person's
non-working/training hours and limited only by institution/facility security
needs.
(G) Excused time off as
described in section
3045.2.
(H) The receipt of four incarcerated person
packages, 30 pounds maximum weight each, per year. Incarcerated persons may
also receive special purchases, as provided in subsections
3190(j) and
(k).
(I) Tablet access during the incarcerated
person's non-work/training hours limited only by institution or vendor
capabilities.
(f) Privilege Group C:
(1) Criteria, any of the following:
(A) The incarcerated person who twice refuses
to accept assigned housing, or who refuses to accept or perform in an
assignment, or who is deemed a program failure as defined in section
3000.
(B) The incarcerated person who commits a
disciplinary offense for Indecent Exposure or two or more disciplinary offenses
for Sexual Disorderly Conduct within a 12-month period from the initial
disciplinary offense shall be temporarily placed in Privilege Group C prior to
adjudication of the disciplinary offense for up to 90 days for each offense.
1. The effective date for placement in
Privilege Group C shall be the violation date.
2. The authority to temporarily place the
incarcerated person in Privilege Group C prior to the adjudication of the
disciplinary offense shall not be delegated to staff below the level of
Correctional Lieutenant.
3. A staff
member at the level of Captain or above may modify the number of days the
incarcerated person was placed in Privilege Group C prior to adjudication of
the disciplinary offense.
4. Upon
adjudication of the RVR, the temporary Privilege Group C no longer applies and
the Senior Hearing Officer may determine appropriate Privilege Group placement
pursuant to subsection
3315(g)(5)(C).
5. If the incarcerated person is found not
guilty or the charges are dismissed, the incarcerated person's privilege group
shall revert back to their prior assigned privilege group, effective the date
of adjudication or dismissal.
(C) A hearing official may temporarily place
an incarcerated person into the group as a disposition pursuant to section
3314 or
3315.
(D) A classification committee action
pursuant to section
3375 places the incarcerated
person into the group. An incarcerated person placed into Privilege Group C by
a classification committee action may apply to be removed from that privilege
group no earlier than 30 days from the date of placement. Subsequent to the
mandatory 30 days placement on Privilege Group C, if the incarcerated person
submits a written request for removal, a hearing shall be scheduled within 30
days of receipt of the written request to consider removal from Privilege Group
C.
(2) Privileges and
non-privileges for Privilege Group C are as follows:
(A) No family visits.
(B) Twenty-five percent (25%) of the maximum
monthly canteen draw and items shall be limited to stationery, stationery
supplies, personal hygiene, vitamins and medications as authorized by the
Secretary. Incarcerated persons may maintain their current canteen items, which
must be verified with a current receipt. Any subsequent canteen purchases while
on Privilege Group C or program failure status shall be limited to stationery,
stationery supplies, personal hygiene, vitamins and medications.
(C) One personal telephone access per week
during the incarcerated person's non-work/training hours, limited only by
institution or facility telephone capabilities under normal operating
conditions.
(D) No kiosk
access.
(E) Institutions shall
offer no less than ten hours of exercise in an outdoor, covered or enclosed
setting each week. No access to any other recreational or entertainment
activities.
(F) No incarcerated
person packages. Incarcerated persons may receive special purchases, as
provided in subsections
3190(j) and
(k).
(G) Participation in their designated
religious service within the chapel or other approved locations once per
week.
(H) Participation in
self-help group(s).
(I)
Incarcerated persons placed on Privilege Group C pursuant to a disciplinary
action or classification committee action shall have disallowed property stored
at the incarcerated person's institution, pending removal from Privilege Group
C.
(J) Incarcerated person
participants in the Mental Health Services Delivery System shall continue to
participate in all scheduled structured therapeutic programming activities,
which shall not be counted towards the ten hours of exercise per
week.
(K) Incarcerated persons
assigned to Privilege Group C who participate in the Mental Health Services
Delivery System at the Enhanced Outpatient Program (EOP) level of care or
higher shall be referred to the Interdisciplinary Treatment Team (IDTT) via
CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, for program
review. The IDTT may recommend certain privileges granted to the incarcerated
person on a case-by-case basis when it is determined suspension of privileges
would cause decompensation or would be detrimental to the incarcerated person's
mental health status.
(L) Tablet
possession is permitted, but all calling capabilities and paid services shall
be restricted.
(g) Privilege Group D:
(1) Criteria: Any incarcerated person, with
the exception of incarcerated persons placed on Administrative RHU status per
section 3339 or designated NDRH, housed in
a restricted housing unit, under the provisions of sections 3335-3349 who is
not assigned to either a full-time or half-time assignment.
(2) Any incarcerated person removed from the
general population due to disciplinary or administrative reasons, shall forfeit
their privileges within their general population privilege group pending review
by a classification committee.
(3)
Privileges and non-privileges for Privilege Group D, other than those listed
above, are as follows:
(A) No family
visits.
(B) Twenty-five percent
(25%) of the maximum monthly canteen draw as authorized by the
secretary.
(C) One personal
telephone access per week during the incarcerated person's non-work/training
hours, limited only by institution or facility telephone capabilities under
normal operating conditions.
(D) No
kiosk access.
(E) Yard access
limited by local institution/facility security needs. No access to any other
recreational or entertainment activities.
(F) The receipt of one incarcerated person
package, 30 pounds maximum weight each, per year. Incarcerated persons shall be
eligible to acquire an incarcerated person package after completion of one year
of Privilege Group D assignment. Incarcerated persons may also receive special
purchases, as provided in subsections
3190(j) and
(k).
(G) Tablet possession is permitted, but all
calling capabilities and paid services shall be restricted.
(h) Privilege Group U:
(1) Criteria: Reception center incarcerated
persons under processing.
(2)
Privileges and non-privileges for Privilege Group U are:
(A) No family visits.
(B) Canteen Purchases. Fifty percent (50%) of
the maximum monthly canteen draw as authorized by the Secretary.
(C) One personal telephone access per week
during the incarcerated person's non-work/training hours, limited only by
institution or facility telephone capabilities under normal operating
conditions.
(D) No kiosk
access.
(E) Yard access,
recreation, and entertainment limited by local institution/facility security
needs.
(F) Excused time off as
described in section
3045.2.
(G) No incarcerated person packages.
Incarcerated persons may receive special purchases, as provided in subsections
3190(j) and
(k).
(i) Privilege Group AS:
(1) Criteria: Any offender in RHU serving an
Administrative RHU term as described in section
3339.
(2) Upon a guilty finding in a disciplinary
hearing, the disposition may or when mandated include assessment of one or more
penalties in accordance with sections
3314 or
3315.
(3) Privileges and non-privileges for
Privilege Group AS are:
(A) No Family
Visits.
(B) Non-contact visiting
during non-work/training hours, limited by available space within facility
non-contact visiting room.
(C)
Canteen draw may range from twenty-five percent (25%) to seventy five percent
(75%) of the maximum monthly canteen draw as authorized by the secretary and
designated by ICC.
(D) Tablet
possession is permitted, but all calling capabilities and paid services shall
be restricted.
(E) One personal
telephone access per week under normal operating conditions.
(F) No kiosk access.
(G) Enhanced out of cell yard and programming
for a combined total of 20 hours per week.
(H) Receipt of incarcerated person packages,
30 pounds maximum weight each. Offenders may also receive special purchases, as
provided in subsections
3190(j) and (k).
ICC shall designate between one and four packages per year.
(I) Photographs every 90 days, if the
incarcerated person has met program expectations and has not been found guilty
of serious disciplinary behavior in that time period. ICC shall designate
between one and four photographs every 90 days.
(J) Electrical appliances are allowed in
accordance with the Authorized Personal Property Schedule for RHU incarcerated
persons, as described in subection 3190(b)(4) or
3190(b)(5).
(4) The local
Interdisciplinary Treatment Team may further restrict or allow additional
authorized personal property, in accordance with the Institution's EOP RHU
operational procedure on a case-by-case basis, above that allowed by the
incarcerated person's assigned Privilege Group.
Note: Authority cited: Cal. Const., article I, Section
32(b); and Sections
2700,
2701 and
5058, Penal
Code. Reference: Cal. Const., article I, Section 32(a)(2); Sections
2932,
2933,
2933.05,
2933.3,
2933.6,
2935,
5005,
5054 and
5068, Penal
Code; and In re Monigold, 205 Cal.App.3d 1224 (1988).
Note: Authority cited: Cal. Const., art. 1, sec. 32(b);
and Sections
2700,
2701 and
5058, Penal
Code. Reference: Cal. Const., art. 1, sec. 32(a)(2); Sections
2932,
2933,
2933.05,
2933.3,
2933.6,
2935,
5005,
5054 and
5068, Penal
Code; and In re Monigold, 205 Cal.App.3d 1224 (1988).