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 3378.1 - Security Threat Group Certification Process
Universal Citation: 15 CA Code of Regs 3378.1
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The California Department of Corrections and Rehabilitation (CDCR) prohibits offenders from creating, promoting, or participating in any Security Threat Group (STG). Any offender engaging in STG related behavior may be subject to criminal prosecution, in addition to any administrative sanctions imposed as a result of CDCR's disciplinary process.
(a) Definitions.
(1) Certification of an STG-I or recognition
of an STG-II means the formal designation of a group or gang as a security
threat group based upon a STG Threat Assessment conducted by the Office of
Correctional Safety (OCS). Prison gangs, disruptive groups and/or street gangs
may be reviewed, categorized, and certified/recognized as a STG. Initial
certification will be based upon the documented severity of the threat to the
security of the institution and safety of staff and offenders.
(2) STG Threat Assessment means an official
assessment conducted by the OCS for use in the STG certification process. This
assessment will specifically identify the reason a STG, based on documented
evidence of violence, threat of violence and/or other serious STG behaviors,
poses an immediate clear and present danger to the safety of any person or the
security of the prison.
(b) Security Threat Group Certification Criteria includes the following:
(1)
Information from any federal, state, county, or city correctional or law
enforcement agency, identifying the propensity for violence or disruptive
nature of the potential STG group being considered for certification.
(2) Consideration with regard to whether the
group meets the definition of a STG as defined in section
3000.
(3) History of STG behavior in the
community.
(4) Evidence that the
group presents a potential threat to the security of the institution and safety
of staff and offenders.
(5) History
of threatening behavior to staff or offenders safety involving such acts as
riots, group disturbances, possession or manufacture of weapons,
assault/battery, trafficking of narcotics, extortion and/or coercion of other
individuals or groups.
(6)
Documentation of violent and/or illegal activities which may also include
planning, organizing, threatening, financing, soliciting, or committing
unlawful acts.
(7) Group evolution,
structure, formalized procedures or bylaws, and/or membership
characteristics.
(8) Information
concerning group meetings and membership criteria.
(9) Chronology of events or other information
evidencing a threat to institutional security or safety of staff and offenders
through group activities, associations, and potential security
alignments.
(10) Tattoo, symbols,
and graffiti documentation.
(11)
Group association evidence, including offender and staff interviews.
(12) Available information concerning group
philosophy and affiliations.
(c) Security Threat Group Designation Levels.
(1) Security Threat Group-I consists of
groups, gangs, and/or historically based prison gangs that the CDCR has
determined to be the most severe threat to the security of the institutions and
communities based on a history and propensity for violence and/or influence
over other groups.
(2) Security
Threat Group-II consists of other groups or gangs such as street gangs or
disruptive groups comprised of members and associates who may be determined to
be in a subservient role to the more dominant STG-I groups. Groups identified
as STG-II are not required to be certified, as described in this
section.
(d) Requests for Certification of a Group at the STG-I level shall include the following:
(1) Staff shall prepare a CDCR Form 128-B8,
Security Threat Group Certification Worksheet
(11/13), which is
incorporated by reference, requesting that a STG Threat Assessment be initiated
of the identified group. The completed document shall be routed through the
chain of command prior to submission to OCS.
(2) The Chief, OCS shall assign staff to
complete an official STG Threat Assessment and determine whether the group
should be recommended for certification as a STG-I. If recommended for STG-I
certification, a STG Administrative Directive will be prepared and routed to
the Secretary, CDCR, for review and approval/disapproval.
(3) Re-certification of STG-I Designations.
(A) The CDCR shall review its certification
of STG-I designations at least every four years utilizing criteria in
accordance with section
3378.1(b).
(B) Information used in the re-certification
process shall be no more than four years old.
(C) OCS shall document the results of the
re-certification review on a STG Administrative Directive and route to the
Secretary, CDCR, and shall request either re-certification or decertification,
based upon the level of threat and STG behavior noted from the group during the
previous four years.
(e) Requests for Recognition of a Group at the STG-II level shall include the following:
(1) Institution Staff or Division Staff shall
prepare a CDCR Form 128-B8, Security Threat Group Certification Worksheet
(10/17), which is
incorporated by reference requesting that a STG Threat Assessment be initiated
of the identified group. The CDCR Form 128-B8 shall be routed through the chain
of command prior to submission to OCS.
(2) The Chief, OCS shall assign staff to
complete a review of the request. The Chief, OCS, shall review all of the
information to approve or deny the request for recognition as a STG-II. The
Chief, OCS shall sign the memo.
(f) Certification of STG Related Symbols: The process staff will utilize to request certification of a STG related sign or symbol is:
(1) The Hiring Authority/designee
of the requesting institution, parole region, or OCS unit, shall seek
certification of a sign/symbol by forwarding a written request to
OCS.
(2) The request must detail
the reason certification of the sign/symbol is warranted and must include:
(A) Description, drawing, photo of sign or
symbol.
(B) Translation or meaning
of the sign or symbol to the specific STG.
(C) Relevance of the sign or symbol to the
specific STG.
(D) Evidence the sign
or symbol has been adopted/accepted by the specific STG.
(E) Means by which the information was
obtained.
(F) A listing of all
corresponding documentation indicative of the sign or symbol being recognized
by the specific STG.
(3)
The Chief, OCS, or designee shall review the submitted documents and
approve/deny the request.
(A) If the
certification request is approved, dissemination of the newly certified sign or
symbol will be made to DAI Wardens, OCS Agents, the incarcerated population,
and all other interested parties.
(B) Should the request be denied, a response
reflecting the details of the denial will be forwarded to the Hiring
Authority.
(4) The CDCR
shall review its certification of STG related signs and symbols at least every
four years utilizing criteria outlined in this section.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
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