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 10 - Classification
Section 3375.2 - Administrative Determinants

Universal Citation: 15 CA Code of Regs 3375.2

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

(a) An incarcerated person meeting one or more of the following administrative or irregular placement conditions, known as administrative determinants, may be housed in a facility with a security level which is not consistent with the incarcerated person's placement score:

(1) An incarcerated person requires an outpatient or higher degree of medical or psychiatric care at a facility specifically staffed for the type of treatment necessary.

(2) An incarcerated person with a history of sex crimes designated in section 3377.1(b) shall not be housed in a Level I facility and shall not be assigned outside the security perimeter.

(3) An incarcerated person with a history of arson shall not be housed in a facility constructed primarily of wood.

(4) An incarcerated person with a felony detainer inquiry or active felony hold, warrant, detainer, or the equivalent thereof filed with the department, who is likely to receive a significant period of consecutive incarceration, shall not be housed in a Level I facility without perimeter gun towers. Incarcerated persons with a detainer inquiry or active hold based solely on their immigration status shall not be precluded from placement in any departmental program or service, including security-level, classification level, housing placement and Division of Rehabilitative Programs community-based reentry facilities.

(5) An incarcerated person requires confidential placement in another correctional jurisdiction.

(6) An incarcerated person serving a sentence of life without possibility of parole (LWOP) shall not be housed in a facility with a security level lower than Level II, except when authorized by the Departmental Review Board (DRB). Additionally, an LWOP incarcerated person housed within a general population facility with a security level of II, III, or IV shall be housed in a facility with a lethal electrified fence as defined in section 3000.

(7) Condemned inmates shall not be housed in a facility with a security level lower than that which is authorized to house LWOP incarcerated persons. A condemned incarcerated person shall not be housed in a facility with a security level lower than Level II, except when authorized by the DRB. Additionally, a condemned incarcerated person housed within a general population facility shall be housed in a facility with a lethal electrified fence as defined in section 3000. Female condemned incarcerated persons shall only be housed at the Central California Women's Facility.

(8) An incarcerated person serving a life term with the possibility of parole shall not be housed in a non-secure facility as defined in section 3000, nor assigned to a program outside a security perimeter unless the exceptional criteria specified within this subsection have been met. Exceptions may only occur when the Board of Parole Hearings (BPH) grants parole, the release date is within three years, and the Governor's Office has completed its review and either formally approved parole or taken no action. When all three conditions are met and the incarcerated person is otherwise eligible for a custody reduction, the incarcerated person shall be evaluated by an ICC for the custody reduction.

(9) An incarcerated person serving a life term with the possibility of parole shall be housed in a facility with a security level of II or higher, unless the exceptional criteria specified within subsections 3375.2(a)(8) or 3375.2(a)(10)(A) through 3375.2(a)(10)(I) have been met.

(10) An incarcerated person serving a life term with the possibility of parole may be housed in a secure Level I facility as defined in section 3000 when all of the following criteria are met:
(A) The incarcerated person has a preliminary score of 18 or less.

(B) The incarcerated person's most recent parole consideration hearing resulted in no more than a three-year denial by the BPH.

(C) The incarcerated person's most recent Comprehensive Risk Assessment, completed by a licensed psychologist employed by the BPH, identifies the incarcerated person's potential risk for future violence as low or moderate, or the incarcerated person has been granted parole by the BPH.

(D) The incarcerated person does not have a VIO administrative determinant currently imposed, pursuant to subsection 3375.2(b)(29).

(E) The incarcerated person is not identified as a Public Interest Case as defined in section 3000.

(F) The incarcerated person does not have an "R" Suffix imposed.

(G) The incarcerated person does not have a history of escape or attempted escape with force from any correctional setting or armed escort, escape or attempted escape from a correctional setting with a secure perimeter as defined in section 3000, and plotting or planning to escape from a correctional setting with a secure perimeter as defined in section 3000 or from an armed escort.

(H) The incarcerated person does not require Maximum or Close Custody.

(I) The incarcerated person does not have a mandatory minimum score factor currently imposed which would preclude secure Level I placement. Where determined eligible for placement, the mandatory minimum score factor for "other life term" shall be removed or not imposed.

(11) An incarcerated person serving a life term whose placement score is not consistent with a Level I security level shall not be housed in a Level I facility except when approved by the Departmental Review Board.

(12) An incarcerated person whose death sentence is commuted or modified shall be transferred to a reception center for processing after which an ICC action and subsequent endorsement by a CSR shall determine the incarcerated person's initial facility placement.

(13) An incarcerated person with a case factor described in subsections 3377.2(b)(2)(A), 3377.2(b)(2)(B), or 3377.2(b)(2)(C), shall be ineligible for minimum custody. An incarcerated person with a history of one or more walkaways from non-secure settings, not to include Drug Treatment Furlough, Community Correctional Reentry Centers, and Community Reentry Programs, shall not be placed in minimum custody settings for at least ten years following the latest walkaway.

(14) A validated STG-I associate or member may be granted Minimum A or Minimum B Custody on a case-by-case basis. Designation of Minimum A or Minimum B Custody for a validated STG-I associate or member requires a review of the totality of the incarcerated person's case factors by an ICC and a determination that their housing with such a level of custody would not pose a threat to the safety and security of the institution, incarcerated persons, staff, and public.

(b) The following three-letter codes are used to indicate those administrative or irregular placement conditions known as administrative determinants, which may be imposed by departmental officials to override the placement of an incarcerated person at a facility according to their placement score.

(1) AGE. Incarcerated person's youthfulness, immaturity or advanced age.

(2) ARS. Current conviction, prior conviction, or a sustained juvenile adjudication, as defined in subdivision (b)(28)(A), for arson.

(3) BEH. Incarcerated person's record of behavior indicates they are capable of successful placement at a facility with a security level lower than that which is consistent with their placement score. This factor shall not be used for an incarcerated person who is currently housed at a facility with a security level higher than that which is consistent with their placement score.

(4) CAM. Placement is recommended due to a shortage of camp qualified incarcerated persons.

(5) DEA. Incarcerated person is currently or was formerly sentenced to death.

(6) DEP. Special placement ordered by the Departmental Review Board.

(7) DIS. Incarcerated person's disciplinary record indicates a history of serious problems or threatens the security of the facility.

(8) ENE. Incarcerated person has one or more enemies under the department's custody or department's jurisdiction who have been documented on a CDCR Form 812 (Rev. 11/13), Notice of Critical Case Information-Safety of Persons (Non-Confidential Enemies), or on a CDC Form 812-C (Rev. 07/24), Notice of Critical Information -- Confidential Enemies, pursuant to section 3378. This shall also be used when it is probable that the incarcerated person may be victimized due to case factors (e.g., the nature of their offense is likely to create an enemy situation at certain facilities, current Protective Housing Unit case, and those who are natural victims because of their appearance).

(9) ESC. Unusual circumstances suggest the incarcerated person is a much greater escape risk than indicated by their placement score (e.g., the incarcerated person verbalized an intent to escape).

(10) FAM. Incarcerated person has strong family ties to a particular area where other placement would cause an unusual hardship.

(11) HOL. Hold, warrant or detainer is likely to be exercised.

(12) LIF. Incarcerated person is serving a life sentence and requires placement in a facility with a security level higher than that indicated by their placement score.

(13) MED. Incarcerated person's medical condition requires treatment or continuing medical attention not available at all facilities.

(14) OUT. Incarcerated person requires placement at a specific facility for an out-to-court appearance. This factor shall also be used when a releasing authority appearance is nearing.

(15) POP. Shall be used only by a CSR to indicate that no beds presently exist at a facility with a security level that is consistent with the incarcerated person's placement score.

(16) PRE. The short time remaining to serve limits or otherwise influences placement or program options for the incarcerated person.

(17) PSY. Incarcerated person's psychological condition requires special treatment or may severely limit placement options. This factor shall also be used for those incarcerated persons who are designated as Category B.

(18) PUB. Shall be used only by a CSR to indicate an incarcerated person is identified as a Public Interest Case as defined in section 3000.

(19) REH. Incarcerated person is currently endorsed to or requires transfer to a Rehabilitative Program managed by the Division of Rehabilitative Programs, as defined in section 3000, and the program is not available at a facility with a security level which is consistent with the incarcerated person's placement score.

(20) SCH. Incarcerated person is involved in an academic program which is not available at a facility with a security level that is consistent with their placement score.

(21) SEC. Shall be used only by a CSR to indicate that the incarcerated person has been designated as a Security Concern by an ICC and requires Close Custody.

(22) SEX. Incarcerated person has a prior incidence of rape, oral copulation, sodomy, or a lewd and lascivious act which requires restricted custody or placement.

(23) SNY. Incarcerated person has documented and verified Systemic Safety Concerns.

(24) SOR. Incarcerated person's bisexual or homosexual orientation may require special placement.

(25) ST1. Security Threat Group-I (STG-I). Documentation establishes that the incarcerated person's STG-I designation may require special attention or placement consideration, while the validation remains current.

(26) ST2. Security Threat Group-II (STG-II). Documentation establishes that the incarcerated person's STG-II designation may require special attention or placement consideration, while the validation remains current.

(27) TIM. Incarcerated person's time to serve is long, requiring placement at a facility with a security level higher than that which is consistent with their placement score.

(28) VIO. Incarcerated person has a current or prior conviction for a violent felony, or a sustained juvenile adjudication including, but not limited to, those listed under Penal Code (PC) section 667.5(c), a felony conviction or equivalent finding for PC section 192(b), a felony or misdemeanor conviction or equivalent finding for PC section 422 or 646.9, or a guilty finding for Division A-1 or A-2 RVR offense that is the equivalent of a PC section 667.5(c) offense which occurred on or after February 20, 2017, which, as determined by the Classification Staff Representative (CSR), requires placement in a facility with a higher security level than that indicated by their placement score. For the purpose of this subsection, an equivalent finding means any finding specified within subsections 3375.2(b)(28)(A) through 3375.2(b)(28)(C). For the purpose of this subsection, a case-by-case review for VIO means a classification committee action in which the committee conducting the review examines the totality of the incarcerated person's case factors including, but not limited to: the circumstances of the offense, extent of injury to the victim(s), rationale for committing the offense, criminal intent versus neglect, history of committing similar acts, and the safety of the public, staff, and other incarcerated persons.
(A) For the purposes of this subdivision, a "sustained juvenile adjudication" means a guilty determination or ruling rendered in a juvenile judicial proceeding.

(B) The following administrative determinations regarding allegations of violent acts, including but not limited to those offenses described in PC section 667.5(c), shall have the same force and effect as a current or prior conviction for a violent felony or a sustained juvenile adjudication:
1. Board of Parole Hearings or Parole Hearings Division good cause finding or probable cause finding, or;

2. California Youth Authority, Division of Juvenile Justice, Youth Offender Parole Board sustained allegation.

(C) A probation or Post-Release Community Supervision violation finding in a court of law involving, but not limited to those offenses described in PC section 667.5(c), shall have the same force and effect as a current or prior conviction in a court of law for a violent felony.

(D) A VIO administrative determinant shall be applied automatically for an incarcerated person with a current or prior conviction or finding as described within subsection 3375.2(b)(29) including 3375.2(b)(29)(A)-(C) for a PC section 667.5(c) offense or an equivalent conviction from another jurisdiction, unless expressly identified as requiring case-by-case review as directed within subsections 3375.2(b)(29)(F)-(I).

(E) A case-by-case review for a VIO administrative determinant as directed within subsection 3375.2(b)(29)(F)-(I) is not required when an incarcerated person already has or will have an administrative determinant imposed which will permanently preclude minimum custody. Note: MED and PSY administrative determinants are not permanent exclusionary case factors.

(F) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for felony convictions, to include enhancements, stayed enhancements, or one of the findings described within subsection 3375.2(b)(29) and 3375.2(b)(29)(A)-(C) for a PC section 667.5(c) offense or an equivalent offense from another jurisdiction listed here: PC Section(s) 211, 211 with PC section 12022(b), PC section 212, 212.5, 212.5 with PC section 12022(b), 213, 214, 215, 215(a) with PC section 12022(b), 459 wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary, 460(a) wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary, 518 with PC section 186.22, 519 with PC section 186.22, 520 with PC section 186.22, 12022.3(a), 12022.5, 12022.53, 12022.55, 12022.7, 12022.8, and 12022.9.

(G) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for a felony conviction, to include stayed counts, or one of the other findings described within subsection 3375.2(b)(29)(A)-(C) for PC 192(b).

(H) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for the following felony or misdemeanor convictions, to include stayed counts, or one of the other findings described within subsection 3375.2(b)(29)(A)-(C) for PC 422 and PC 646.9.

(I) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for guilty findings of Division "A-1" and "A-2" offenses that are equivalent to PC section 667.5(c) offenses or enhancements.

(J) An incarcerated person who has a VIO administrative determinant imposed currently or who is determined to require review for consideration of a VIO administrative determinant pursuant to subsection 3375.2(b)(29) shall be eligible for consideration of removal of an existing VIO during the annual classification review consistent with subsection 3376(d)(2)(A), or to not have a VIO imposed initially where the following criteria is satisfied:
1. Life term incarcerated persons are eligible for consideration of placement in a secure level I facility as required by subsection 3375.2(a)(9), or placement in a non-secure facility pursuant to the exceptions noted in subsection 3375.2(a)(7) and meet the additional criteria noted within subsections 3375.2(b)(29)(J)3 through 8.

2. An incarcerated person serving a determinate term is within five years of their Earliest Possible Release Date (EPRD) at the time of the review for removal of the VIO administrative determinant or the review to determine whether the VIO administrative determinant is or is not required.

3. A VIO administrative determinant is the only criteria preventing placement in a secure level I facility or the assignment of Minimum Custody at the time of the review by the classification committee.

4. A minimum of seven years has elapsed since the last violent offense which would require automatic application of the VIO administrative determinant or a case-by-case review pursuant to subsection 3375.2(b)(29)(D) and (F)-(I).

5. The classification committee conducting the review shall consider each of the following criteria and thoroughly summarize and document the committee's reason for its decision to remove, impose, or not impose the VIO administrative determinant within the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference, consistent with subsection 3375(g).
a. Circumstances of the violent offense(s) in question;

b. Positive in-custody behavior;

c. Negative in-custody behavior; and

d. Incarcerated person's threat to the safety of public, staff, and incarcerated persons based upon the totality of the incarcerated person's case factors.

6. Pursuant to subsection 3375.2(b)(29)(J), a classification committee shall review all cases meeting the criteria for removal of an existing VIO or an initial determination to not impose a VIO, where a VIO would have been applied on a case-by-case basis pursuant to subsection 3375.2(b)(29).

7. When a classification committee recommends to remove a VIO, the classification committee shall refer the case to the CSR for review and approval of the removal of the VIO, pursuant to subsection 3375.2(b)(29).

8. When a classification committee recommends VIO removal by the CSR, the classification committee shall also review the incarcerated person's case for appropriate housing, based upon the totality of the incarcerated person's case factors, in accordance with Article 10, Classification.

(29) VOC. Incarcerated person is involved in a Career Technical Education program, also referred to as a vocational program, which is not available at a facility with a security level which is consistent with the incarcerated person's placement score.

(30) WOR. Incarcerated person has a work skill in a critical trade, which warrants special placement consideration.

Note: Authority cited: Sections 3600, 5058 and 5058.3, Penal Code. Reference: Sections 3450, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Wright v. Enomoto (N.D. Cal. 1976) 462 F.Supp. 397; and Stoneham v. Rushen (1984) 156 Cal.App.3d 302.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3450, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Wright v. Enomoto (N.D. Cal. 1976) 462 F.Supp. 397; and Stoneham v. Rushen (1984) 156 Cal.App.3d 302.

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