Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
The classification process shall be uniformly applied, commencing upon
reception of a person committed to the custody of the Secretary and shall
continue throughout the time the individual remains under the Secretary's
jurisdiction. Each incarcerated person shall be individually classified in
accordance with this article. Senate Bill 618 Participants, as defined in
section 3000 and pursuant to subsection
3077.1(a)(1)(C),
shall receive a preliminary classification at a county facility prior to
reception at a departmental institution.
(b) The classification process shall take
into consideration the incarcerated person's needs, interests and desires,
their behavior and placement score in keeping with the Department and
institution's/facility's program and security missions and public safety.
(1) An automated needs assessment tool that
identifies an incarcerated person's criminogenic needs shall be administered
pursuant to Section
3375.6.
(c) Each determination affecting an
incarcerated person's placement within an institution or facility, transfer
between facilities, program participation, privilege groups, or custody
designation shall be made by a classification committee composed of staff
knowledgeable in the classification process. Exceptions include waiting list
placements and assignments to Cognitive Behavioral Interventions (CBI) which
can be made without a classification committee action based upon a health care
services referral; or a guilty finding pursuant to subsection
3315(g)(5)(J)2.
or 3315(g)(5)(J)3.
(d) The
classification of felon inmates shall include the classification score system
as established. A lower placement score indicates lesser security control needs
and a higher placement score indicates greater security control
needs.
(e) When possible, the
incarcerated person shall be given sufficient advance written notice of any
classification committee hearing to provide the incarcerated person reasonable
preparation time to discuss the matter to be considered. An incarcerated person
appearing before a classification committee shall be informed of the
incarcerated person's next classification committee hearing date when it is
known or can be anticipated.
(f)
The classification of incarcerated persons shall provide the following
procedural safeguards:
(1) Incarcerated
persons shall be given written notice at least 72 hours in advance of a hearing
which could result in an adverse effect. Adverse effect is defined as:
(A) Involuntary transfer to a higher security
level institution/facility, which is not consistent with the incarcerated
person's placement score.
(B)
Increase in the incarcerated person's custody designation.
(C) Involuntary placement in restricted
housing.
(D) Involuntary removal
from an assigned program.
(E)
Placement in a reduced work group.
(F) Involuntary transfer to another
institution/facility because of the incarcerated person's misbehavior or
receipt of new information that may affect staff, incarcerated persons, the
public, or the safety and security of the institution/facility, whether or not
their placement score is consistent with the receiving institution's/facility's
security level.
(G) Transfer of an
incarcerated person to a more restrictive institution or program where the
security level is higher.
(2) Except as provided in subsection
3375(f)(3), the
incarcerated person shall be present at all initial classification committee
hearings and at any other classification committee hearing which could result
in an adverse effect upon the incarcerated person.
(3) An in absentia (without incarcerated
person's presence) classification hearings may be held only when:
(A) The incarcerated person refuses to appear
before the committee.
(B) The
incarcerated person is physically incapable of appearing before the committee,
or is determined by a psychiatrist to be mentally incompetent and cannot
understand the purpose of the hearing.
(C) The purpose of the hearing is to:
1. Improve the incarcerated person's
conditions of confinement by reducing or removing a previously imposed
restriction.
2. Approve an action
requested in writing by the incarcerated person.
3. Determine the need for scheduling, or to
schedule, a future classification committee
action.
(4) If
the incarcerated person was not previously notified and during the
classification committee hearing an unanticipated adverse effect emerges, the
hearing shall be postponed for at least 72 hours and the incarcerated person
shall be referred to the incarcerated person's counselor for assistance when
the incarcerated person is illiterate, or the issues are complex unless:
(A) The hearing cannot be postponed because
of safety or security factors.
(B)
The incarcerated person waives the 72-hour postponement.
(5) The incarcerated person shall be
permitted to contest the preliminary score or placement score in the
hearing.
(6) Each incarcerated
person appearing before a classification committee shall be:
(A) Introduced to the committee
members.
(B) Informed of the
purpose of the hearing.
(C)
Encouraged to participate in the hearing discussion.
(D) Informed of the committee's
decision.
(7)
Classification committee decisions shall be based on evaluation of available
information and mutual agreement of the committee members.
(g) Every decision of a classification
committee shall be documented on an automated Classification Committee Chrono
(Rev. 05/19), which is incorporated by reference.
(1) Each classification committee's
documentation shall include, but not be limited to the following:
(A) The reason or purpose for the committee
hearing.
(B) The action
taken.
(C) The specific reasons for
the action including the information upon which the decision was
based.
(D) The incarcerated
person's stated preferred action, the reasons for the preference, and their
agreement or disagreement with the committee action.
(E) If applicable, the use of any reasonable
accommodation to ensure effective communication.
(F) If during the committee discussion, a
member of the committee disagrees with a decision or the basis for a decision
reached by the committee, they may provide language to the recorder to document
their opinion for inclusion in the automated Classification Committee Chrono
(05/19).
(G) The reason(s) for the
omission of any of the classification procedural safeguards identified in
subsection
3375(f).
(H) If an in absentia hearing is held,
reason(s) for the incarcerated person being absent.
(I) The name, title, and signature of the
committee's chairperson.
(J) The
names and titles of staff who participated in the decision.
(K) The name, title, and signature of the
committee's recorder.
(L) The date
of the action.
(2) In
addition to the preceding, documentation for transfer reviews shall also
include the following:
(A) The incarcerated
person's requested transfer preference(s) and stated reason(s) for preferring
that location.
(B) The institution
to which the committee recommends transfer with an alternate recommendation, if
different from those requested by the incarcerated person, and the specific
reasons for both recommendations.
(C) A statement of the incarcerated person's
work group upon transfer based on adverse or non-adverse transfer
circumstances.
(D) Where present,
the Board of Parole Hearings (BPH) No Later Than (NLT) date and/or next
scheduled BPH hearing date.
(3) When the incarcerated person is treated
under the Mental Health Services Delivery System (MHSDS) and is at the Enhanced
Outpatient Program (EOP) or the Mental Health Crisis Bed (MHCB) level of care,
regardless of the incarcerated person's housing, a mental health clinician is
required as a committee member at all hearings. When the incarcerated person is
in restricted housing and treated under the MHSDS at any level of care, a
mental health clinician is required as a committee member at all hearings.
Documentation shall include, but not be limited to the following:
(A) The incarcerated person's current
medical/psychiatric status/level of care.
(B) MHSDS treatment needs.
(C) The incarcerated person's ability to
understand and participate in the classification hearing.
(4) In all hearings when the incarcerated
person is treated under the MHSDS and is housed in restricted housing,
documentation shall include the requirements indicated in subsection
3375(g)(3) as
well as the following:
(A) A clinical
assessment of the incarcerated person's likelihood of decompensation if
retained in restricted housing.
(B)
A summary of the clinical information provided by the mental health clinician
when an actively decompensating mentally ill incarcerated person is recommended
for transfer to a mental health program by the mental health clinician and the
decision of the committee is to retain the incarcerated person in restricted
housing.
(5)
Documentation from each institution's initial classification reviews shall
include the following case factors:
(A) Date
of birth or age on the date of committee.
(B) Term status (first, second,
etc.)
(C) County(ies) of
commitment.
(D) Commitment
offense(s) (include parole revocation offense(s) resulting in good
cause/probable cause findings if a parole violator.)
(E) Length of sentence.
(F) When the incarcerated person was received
by the Department for the current incarceration.
(G) County of last legal residence.
(H) Escape related conviction(s).
(I) Current or potential hold(s).
(J) Arson related arrest(s) or
conviction(s).
(K) Sex-related
arrest(s) or conviction(s) by date.
(L) The current placement score, security
level, and custody designation.
(M)
The reason(s) the incarcerated person was transferred to the current
location.
(N) Current eligibility
status for special programs such as camp, minimum support facility, or
community correctional facility. If not eligible, the reason for each shall be
noted.
(O) Current assignments
(including work group and privilege group).
(P) Enemy or STG concerns.
(Q) The existence of, and committee review
of, confidential information.
(R)
Any medical/psychiatric/disability concerns, including tuberculosis tracking
code and date of the most current documentation.
(S) Any other pertinent case information
and/or casework follow-up needed.
(h) An incarcerated person shall be provided
a copy of all non-confidential CDCR staff-generated documentation and reports
placed in the incarcerated person's central file unless otherwise requested in
writing by the incarcerated person.
(i) An incarcerated person shall not remain
at an institution/facility with a security level which is not consistent with
the incarcerated person's placement score unless approved by a Classification
Staff Representative (CSR) or a staff person designated to serve in that
capacity.
(j) A CDCR Form 839,
(Rev. 07/24), CDCR Classification Score Sheet, shall be prepared pursuant to
section 3375.3 on each newly received
incarcerated person convicted of a felony.
(1) In completing the CDCR Form 839, all
relevant documents available during the reception center process shall be
reviewed. The incarcerated person shall be interviewed, informed of the purpose
of the form, and allowed to contest specific item scores and other case factors
on the form. Factors for which documentation is absent or conflicting shall be
discussed during the interview.
(2)
The incarcerated person is responsible for providing documentation to support
their challenge of any information on the CDCR Form 839.
(3) An effort shall be made to obtain
verifiable documentation of all items on the CDCR Form 839. The probation
officer's report (POR) shall be the document of choice to resolve any
conflicting information received. Credit shall be given only upon verifiable
documentation and shall not be given based solely on an incarcerated person's
statements.
(4) A corrected CDCR
Form 839 shall be initiated when the incarcerated person or another party
presents verifiable documentation to support the change. When the change
results in a placement score which falls into the range for a different
facility security level, the incarcerated person's case shall be referred to a
CSR for transfer consideration.
(k) A CDCR Form 840 (Rev. 07/24), CDCR
Reclassification Score Sheet shall be prepared pursuant to section
3375.4 as part of the regular,
continuous classification process. If an incarcerated person's recalculated
placement score is not consistent with the institution/facility security level
where the incarcerated person is housed, the case shall be presented to a CSR
for transfer consideration.
(1) A CDCR Form
840 shall be completed:
(A) Twelve months
after the date that the incarcerated person physically arrived in the reception
center and annually thereafter.
(B)
Any six-month period when favorable points are granted or unfavorable points
are assessed which would cause the incarcerated person's placement score to
fall outside of the facility security level.
(C) Each time a case is presented to a CSR
for placement consideration.
(2) A CDCR Form 841 (Rev. 07/24), CDCR
Readmission Score Sheet, shall be completed pursuant to section
3375.5 as part of the readmission
process when a supervised person is returned to prison.
(l) The readmission process shall include
review of the incarcerated person's CDCR Form 839 to determine if unfavorable
behavior points were previously assessed for a guilty finding of one or more of
the six serious disciplinary offenses set forth in subsections
3375.3(b)(4)(C) through
(H). If the offense(s) occurred 10 or more
years prior to the date of the incarcerated person's initial reception to CDCR,
the previously assessed points shall be removed from the incarcerated person's
electronic CDCR Form 839, and shall no longer be counted toward the
incarcerated person's preliminary classification score.
Note: Authority cited: Sections 5058 and 5058.3, Penal
Code. Reference: Sections 1203.8,
3020, 5054, 5068 and 11191, Penal
Code; Sections 8550 and 8567, Government Code; Governor's Prison Overcrowding
State of Emergency Proclamation dated October 4, 2006; Wright v. Enomoto (1976)
462 F. Supp. 397; Stoneham v. Rushen (1984) 156 Cal.App.3d 302; and Castillo v.
Alameida, et al., (N.D. Cal., No. C94-2847).
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
1203.8,
3020,
5054,
5068 and
11191, Penal
Code; Sections
8550 and
8567,
Government Code; Governor's Prison Overcrowding State of Emergency Proclamation
dated October 4, 2006; Wright v. Enomoto (1976) 462 F. Supp. 397; Stoneham v.
Rushen (1984) 156 Cal.App.3d 302; and Castillo v. Alameida, et al., (N.D. Cal.,
No. C94-2847).
