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 3378 - Security Threat Group Identification, Prevention, and Management

Universal Citation: 15 CA Code of Regs 3378

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

(a) Any information regarding an offender which is or may be critical to the safety of persons inside or outside an institution shall be documented as required below on a CDCR Form 812 (Rev. 11/13), Notice of Critical Case Information -- Safety of Persons (Nonconfidential Enemies), which is incorporated by reference and CDCR Form 812-C (Rev. 07/24), Notice of Critical Information -- Confidential Enemies. The CDCR Form 812, and CDCR Form 812-C and all documents referred to on the forms shall be filed in the central file of each identified offender. Any confidential material affecting the critical case factors of an offender shall conform to the provisions of section 3321. Entries on these forms shall not be a substitute for detailed documentation required elsewhere in the central file.

(b) A CDCR Form 812, and when applicable a CDCR Form 812-C, shall be completed for each newly committed or returned offender.

(1) The CDCR Form 812 and CDCR Form 812-C shall be updated as any critical information becomes known and is documented in the offender's central file. The forms shall also be reviewed and updated at the time of any change in the offender's status or placement.

(2) Any offender who claims enemies shall provide sufficient information to positively identify the claimed enemy. Any offender identified as an enemy shall be interviewed unless such interview would jeopardize an investigation or endanger any person. The results of the interview or investigation which supports, verifies or disproves the information shall be documented on a CDC Form 128-B, General Chrono.

(3) Notations on the CDCR Form 812 and CDC Form 812-C, or absence thereof, shall not be the sole basis for a staff decision or action which may affect the safety of any person.

(d) The terms STG nexus and STG related are used synonymously in this section.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al. (N.D. Cal., No. C94-2847).

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