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 3.5 - Incarcerated Person Work Timekeeping
Section 3045.2 - Excused Time off (ETO)

Universal Citation: 15 CA Code of Regs 3045.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) It is the policy of the California Department of Corrections and Rehabilitation that incarcerated persons assigned to work groups A-1 and B may use excused time off (ETO) during approved absences from their assignment in the manner set forth in this article.

(b) ETO shall be authorized by the work supervisor/employer in no less than 15-minute increments. The incarcerated person shall not be required to use excused time off for any service that the department requires. An incarcerated person who is ill and requires a medical lay-in or is short term medically unassigned for 29 days or less shall use ETO.

(c) Incarcerated persons who are ill may use ETO, but will be responsible for notifying the work/training supervisor. Sick time must be approved/authorized by the appropriate institution medical authority. Upon becoming capable of performing medically unrestricted work activities the incarcerated person will be given priority to resume their previous assignment. If the assignment is not immediately available, the incarcerated person will be placed in an assignment in their previous work group category.

(d) Authorized uses of ETO. Excused time off may be approved by work/training supervisors only for the below stated reasons. A proposal to use ETO for any other reason requires approval by the secretary.

(1) Family visiting. An incarcerated person scheduled for a family visit may be permitted to visit in the visiting room (regular visit) on the first day of a family visit while awaiting processing, and on the last day of the family visit.

(2) Regular visiting under extraordinary circumstances. Following are extraordinary circumstances for which use of ETO is authorized:
(A) Out-of-state visitors. Upon substantiation that the visitor(s) resides out-of-state and is in California for a temporary stay of 30 days or less, and the visitor(s) has not visited with the particular incarcerated person for four months. No more than two such visits shall be permitted for each such occurrence.

(B) Excessive distance. When a visitor must travel a distance of 250 miles or more, and has not visited the incarcerated person within the last 30 days.

(C) Weddings. When an incarcerated person marries, the incarcerated person may, with five working days prior approval, use ETO for a visit on the wedding day.

(D) Handicapped. When a visitor is handicapped as defined by California law and must rely on special transportation to the institution. Approval is required five working days prior to the visit.

(E) Family emergencies. When death, serious illness or injury occurs to an incarcerated person's immediate family member as defined in Section 3000, clergymen, family members or close friends may visit the incarcerated person to offer condolences or inform the incarcerated person of the occurrence.

(F) Infrequent visits. When a visitor unexpectedly arrives who has not visited in the last six months, the visit will be considered an infrequent visit.

(G) Visiting during authorized absence. An incarcerated person shall be permitted to visit using ETO during approved periods away from assignment involving circumstances beyond the incarcerated person's control. (Refer to section 3045.3 of these regulations.)

(H) Work assignment conflicts. When the incarcerated person has not received a visit in the last 30 days and would otherwise be prohibited from visiting because of a conflict in work, training, or education assignment.

(3) Temporary community leave.

(4) Attendance at approved religious services or approved religious functions. For routine religious services, the use of ETO shall be limited to instances where it is unduly burdensome to change the conflicting work/education assignment.

(5) Non-routine recreation and entertainment activities.

(6) Emergency telephone access.

(e) Excused time off applies only to authorized time away from an assignment.

(f) An incarcerated person shall receive pay only for actual hours worked, and not for excused time off.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601, 2620, 2621, 2931, 2933 and 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601, 2620, 2621, 2931, 2933 and 5054, Penal Code.

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