Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Special assignments include:
(1) The
positions of chairperson and secretary of an institution's incarcerated person
advisory council may qualify as a full-time assignment to Work Group
A-1.
(2) Assignment to an approved
full time pre-release program shall qualify as a full-time assignment to Work
Group A-1.
(3) Any Rehabilitative
Program managed by the Division of Rehabilitative Programs (DRP), as defined in
section 3000, assignment shall qualify as
a full-time assignment to Work Group A-1.
(b) Short Term Medical or Psychiatric
Inpatient Hospitalization (29 calendar days or less). Incarcerated persons
determined by medical or mental health staff to need short-term inpatient care
shall retain their existing credit earning category. Incarcerated persons
requiring longer periods of inpatient care shall be referred by the attending
physician or mental health clinician to a classification committee for review.
The classification committee shall confirm the incarcerated person's unassigned
inpatient category and change the incarcerated person's work or training group
status as follows:
(1) A general population
incarcerated person shall be assigned to Work Group A-2, effective the
thirtieth calendar day of unassignment, unless the incarcerated person is
assigned to Work Group C or Work Group M in accordance with sections
3044(b)(4) or
3044(b)(8).
(2) An incarcerated person who is assigned to
Work Group A-1, Work Group B, Work Group F, or Work Group M and placed in a
Restricted Housing Unit (RHU) shall be assigned to Work Group D-1, effective
the first day of placement into a RHU, unless the incarcerated person is
assigned to Work Group D-2, Work Group F, or Work Group M in accordance with
subsections
3044(b)(6),
3044(b)(7)(D),
3044(b)(7)(E),
3044(b)(8)(E), or
3044(b)(8)(F).
(3) Restricted housing incarcerated persons
assigned to Work Group D-1 or D-2 shall retain their work group
status.
(c) Long-Term
Medical or Psychiatric Unassigned Status. In cases where the health condition
necessitates that the incarcerated person becomes medically unassigned for 30
calendar days or more, the physician or mental health clinician shall specify
an anticipated date the incarcerated person may return to work. The
classification committee shall review the incarcerated person's medical or
psychiatric unassigned status and change the incarcerated person's work group
status as follows:
(1) An incarcerated person
in the general population shall be re-assigned to Work Group A-2, involuntary
unassigned, effective the thirtieth calendar day of un-assignment, unless the
incarcerated person is assigned to Work Group C or Work Group M in accordance
with sections
3044(b)(4) or
3044(b)(8).
(2) An incarcerated person who is assigned to
Work Group A-1, Work Group B, Work Group F, or Work Group M and placed in a RHU
shall be re-assigned to Work Group D-1, effective the first day of placement
into a RHU, unless the incarcerated person is assigned to Work Group D-2, Work
Group F, or Work Group M in accordance with subsections
3044(b)(6),
3044(b)(7)(D),
3044(b)(7)(E),
3044(b)(8)(E), or
3044(b)(8)(F).
(3) An incarcerated person in a RHU who is
assigned to Work Group D-1 or D-2 shall be retained in their respective work
group.
(d) Medical or
mental health care status determination:
(1)
When an incarcerated person has a disability that limits their ability to
participate in a work, academic, Career Technical Education program or other
such program, medical or mental health staff shall document the nature,
severity, and expected duration of the incarcerated person's limitations on a
CDC Form 128-C (Rev. 1/96), Medical, Psychiatric, Dental (Chrono). The medical
or mental health staff shall not make program assignment recommendations or
decisions on the form. The CDC Form 128-C shall then be forwarded to the
incarcerated person's assigned correctional counselor who shall refer the
incarcerated person to a classification committee for review. The
classification committee shall have sole responsibility for making program
assignment and work group status decisions. Based on the information on the CDC
Form 128-C and working in conjunction with staff from the affected work area,
academic program, Career Technical Education program, and the Assignment
Lieutenant, the classification committee shall evaluate the incarcerated
person's ability to participate in work, academic, Career Technical Education
program, or other programs and make a determination of the incarcerated
person's program assignment and work group status.
(2) Only when the incarcerated person's
documented limitations are such that the incarcerated person, even with
reasonable accommodation, is unable to perform the essential functions of any
work, academic, Career Technical Education or other such program, will the
incarcerated person be placed in one of the two following categories by a
classification committee:
(A) Temporary
medical or psychiatric unassignment. Except as provided in section
3044.1(e)(2)(A),
when a disabled incarcerated person is unable to participate in any work,
academic, Career Technical Education program or other program, even with
reasonable accommodation, because of a medically determinable physical or
mental impairment that is expected to last for less than six months, the
classification committee shall place the incarcerated person on temporary
medical or psychiatric unassignment. An incarcerated person on temporary
medical or psychiatric unassignment status shall be scheduled for
classification review any time there is a change in their physical or mental
impairment, or no less than every six months for reevaluation. The work group
status of an incarcerated person on temporary medical or psychiatric
unassignment for less than six months shall be in accordance with section
3044(b)(2), Work
Group A-2, unless the incarcerated person is assigned Work Group M in
accordance with section
3044(b)(8). If
the incarcerated person's condition lasts six months and the classification
committee still cannot assign the incarcerated person due to their impairment,
the work group status shall be changed to be in accordance with subsection
3044(b)(1), Work
Group A-1 and appropriate privilege group retroactive to the first day of the
temporary medical or psychiatric unassignment, unless the incarcerated person
is assigned Work Group M in accordance with subsection
3044(b)(8).
(B) Medically disabled. When an incarcerated
person is unable to participate in any assigned work, academic, Career
Technical Education program, or other such program activity, even with
reasonable accommodation, because of a medically determinable physical or
mental impairment that is expected to result in death or last six months or
more, the classification committee shall place the incarcerated person on
medically disabled status. The incarcerated person work group status shall be
in accordance with section
3044(b)(1), Work
Group A-1 and Privilege Group A, unless the incarcerated person is assigned
Work Group M in accordance with subsection
3044(b)(8).
(e) Medical or
psychiatric special assignments:
(1) Light
duty: Incarcerated persons determined to have long-term medical or psychiatric
work limitations shall be processed in the following manner:
(A) A medical or mental health evaluation of
the incarcerated person shall be made to determine the extent of disability and
to delineate capacity to perform work and training programs for either a full
or partial workday. If the incarcerated person is deemed capable of only a
partial work program, full credit shall be awarded for participation in such a
program.
(B) A classification
committee shall review the evaluation and determine the incarcerated person's
assignment.
1. A committee concurring with an
evaluation's light duty recommendation shall refer the matter to the facility's
assignment office which shall attempt to provide an assignment within the
incarcerated person's capabilities. Incarcerated persons assigned to such light
duty shall be scheduled for semi-annual review.
2. A committee disagreeing with an
evaluation's light duty recommendation shall refer the matter back to the
medical or mental health department, describing the difference of opinion or
rationale for requesting a second evaluation. If the committee disagrees with
the second evaluation it shall refer the matter to the institution
classification committee for final determination.
(2) Short-term medical or psychiatric lay-in
or unassignment. Incarcerated persons who are ill or otherwise require a
medical or psychiatric lay-in, or unassignment for 29 calendar days or less,
shall be processed in the following manner:
(A) Only designated medical or mental health
staff are authorized to approve such lay-ins and unassignments. Reasons for the
approval and the expected date of return to their regular assignment shall be
documented by the medical or mental health staff making the decision.
(B) Incarcerated persons shall notify their
work or training supervisor of their lay-in or unassignment status. The work or
training supervisor shall record each day of the incarcerated person's approved
absence as an "E".
(C) Medical or
mental health staff determining an incarcerated person should continue on
lay-in or unassigned status for more than 29 calendar days shall refer the case
to a classification committee for review.
(D) The incarcerated person shall continue to
use ETO time while on short-term medical or psychiatric lay-in or unassigned
status.
(f)
On-the-job injuries. The chief medical officer shall document incarcerated
person injuries occurring on the job. With the exception of incarcerated
persons assigned to Work Group F, such injured incarcerated persons shall
retain their existing work group status until medically approved to return to
their work assignment. Incarcerated persons assigned to Work Group F shall
revert to Work Group A-1 in accordance with section
3044(b)(1) or
Work Group M in accordance with section
3044(b)(8)
effective on the date the chief medical officer determines the on-the-job
injury excludes the incarcerated person from conservation camp placement or
from placement as a firefighter at a California Department of Corrections and
Rehabilitation firehouse, providing the chief medical officer's exclusion
determination is within 29 calendar days following the date of the incarcerated
person's removal from the conservation camp or firehouse firefighter
assignment. If the chief medical officer's exclusion determination is not
within 29 calendar days following the date of the incarcerated person's removal
from the conservation camp or firehouse firefighter assignment, the
incarcerated person shall revert to Work Group A-1 in accordance with section
3044(b)(1) or
Work Group M in accordance with section
3044(b)(8)
effective the 30th calendar day following the date of the incarcerated person's
removal from the conservation camp or firehouse firefighter
assignment.
(g) Medical or
psychiatric treatment categories "H", "I", and "N". An incarcerated person
assigned to category "H", "I", or "N" is not capable of performing a work or
training assignment and shall, except where otherwise prohibited by law, be
assigned to Work Group A-1, unless the incarcerated person is assigned Work
Group M in accordance with section
3044(b)(8).
(h) Department of State Hospitals Placements.
An incarcerated person transferred to the Department of State Hospitals
pursuant to sections 1364,
2684, or
2690 of the
Penal Code shall be assigned to a work group as provided in section
3043.8(b).
Note: Authority cited: Section 5058, Penal Code.
Reference: Sections 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
2933,
2933.05,
2933.3,
2933.6,
5054 and
5068, Penal
Code.
