California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Article 3.4 - Incarcerated Person Work and Privileges
Section 3044.2 - Impact of Transfer on Work Groups

(1) A non-adverse transfer is movement of an incarcerated person to a less restrictive institution or program where the security level is the same or lower, movement to a secure perimeter from a non-secure camp or Level 1 (Minimum Support Facility) setting by order of the prison administration for non-adverse reasons or transfers from reception centers.

(2) With the exception of incarcerated persons assigned to Work Group F, an incarcerated person transferred for non-adverse reasons shall retain their work and privilege group status. Incarcerated persons assigned to Work Group F shall revert to Work Group M effective the date removed from camp or institution fire fighter assignment or as appropriate per CCR 3044.

(3) An incarcerated person in a work assignment at the sending institution shall be placed on an existing waiting list at the receiving institution. If eligible, incarcerated persons on waiting lists at sending institutions shall be merged into the receiving institution's waiting list based on credit earning status, release date, and the length of time they have spent on the sending institution's waiting list. Incarcerated persons who are day-for-day eligible per Penal Code section 2933 shall be given priority for assignment with the exception of Senate Bill (SB) 618 Participants who, as defined in section 3000, pursuant to the provisions of subsection 3077.3(b)(1), and subject to the provisions of 3077.3(f), shall be placed at the top of an institution's waiting list and given priority for assignment. Incarcerated persons shall be merged into the receiving institution's waiting list in the following manner:

(4) An incarcerated person in approved Rehabilitative Programs managed by DRP, as defined in section 3000, at the sending institution shall be placed on the waiting list for the same or similar program, at the receiving institution if available. If the receiving institution's program is unavailable, the incarcerated person shall be placed on an existing waiting list at the receiving institution.

(1) Penal Code (PC) sections 2684 and 2690 transfers. An incarcerated person transferred to the DMH pursuant to PC sections 2684 and 2690 is not capable of performing a work or training assignment. Such an incarcerated person shall be classified by the sending facility before the transfer and placed in Work Group A-1.

(2) Penal Code section 1364 transfers. An incarcerated person transferred to DMH to participate in the voluntary experimental treatment program pursuant to Penal Code section 1364 shall participate in a full-time credit qualifying work/training assignment in order to earn full worktime credit.

(1) Adverse transfers are defined as a transfer resulting from any in-custody documented misbehavior or disciplinary that may or may not have resulted in an incarcerated person's removal from current program.

(2) If an incarcerated person is removed from a program for adverse reasons and is subsequently exonerated of the charges, the work group shall be designated as though the incarcerated person had not been removed from the assignment.

(3) Effective on the date of transfer an incarcerated person in Work Group A-1 or F who receives an adverse transfer shall be reclassified to Work Group A-2 by the sending institution. The incarcerated person shall remain in Work Group A-2 until reclassified by the receiving institution.

(4) An incarcerated person in Work Group A-2, C or D at the time of transfer shall be retained in that group status until reclassified at the receiving institution.

(1) Incarcerated persons being processed in reception centers, who are ineligible to earn day-for-day credits per Penal Code section 2933, can be assigned to half-time assignments. Incarcerated persons on layover (en route) status in any institution shall only be assigned to half-time assignments. Exception to this policy requires approval from the director, division of adult institutions.

(2) An incarcerated person's participation in a full or half-time assignment while undergoing reception center processing shall be recorded on timekeeping logs. The incarcerated person's timekeeping log shall be completed by the work supervisor on a daily basis. A copy shall be issued to the incarcerated person upon written request.

(1) Incarcerated persons found guilty of a credit loss offense which could result in a restricted housing unit (RHU) determinate term shall be evaluated for RHU assignment by a Classification Committee.

(2) Incarcerated persons placed in a RHU shall be placed in Work Group D-2 upon determination by a classification committee. All other incarcerated persons in RHU shall be placed in Work Group D-1.