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
Subchapter 4 - General Institution Regulations
Article 1.6 - Incarcerated Person Housing
Section 3269.4 - Non-Designated Programming Facility

Universal Citation: 15 CA Code of Regs 3269.4

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

(a) Non-Designated Programming Facility (NDPF). NDPF houses incarcerated persons who demonstrate positive behavior and a willingness to participate in rehabilitative programs and conform to departmental policies, free from Security Threat Group (STG) influence and behavior.

(b) An incarcerated person shall be excluded or removed from NDPF placement in accordance with either of the following criteria:

(1) The incarcerated person was found guilty and assessed a Restricted Housing Unit (RHU) term pursuant to subsection 3337(g)(1)-(3), or any RHU-related offense pursuant to subsection 3337(g) with an STG nexus.

(A) An incarcerated person shall be evaluated or re-evaluated for NDPF twelve months after the Restricted Housing Unit Maximum Release Date (RHU MRD), or the date the Institution Classification Committee (ICC) elected to suspend the remainder of the RHU MRD, during the incarcerated person's first annual classification committee review, and annually thereafter.

(2) The incarcerated person was found guilty of a serious Rules Violation Report (RVR) related to documented or referenced STG behavior.

(A) An incarcerated person shall be re-evaluated for NDPF twelve months after the date of the RVR, during the incarcerated person's first annual classification committee review, and annually thereafter.

(c) A classification committee may temporarily exclude or remove an incarcerated person from NDPF for 12 months from the date the projected RHU term expires or the date ICC elected to release the incarcerated person from restricted housing, when the incarcerated person has elected to postpone the disciplinary hearing of an RVR that qualifies as exclusionary criteria as delineated in subsection 3269.4(b)(1).

(d) An ICC may review and approve an incarcerated person to NDPF or return to NDPF at any time during the twelve-month period described within these regulations, when an ICC determines the incarcerated person does not pose an unreasonable threat to the safety and security of the NDPF.

(1) Only the Warden or their designee shall have the discretion to grant the ICC review.

(2) The Warden or their designee's familiarity with the case may result in the decision to review the case or it may be based on the recommendation of institutional staff.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

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