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 3378.9 - Restricted Custody General Population
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Restricted Custody General Population (RCGP) may be established at any institution or facility the Department deems appropriate and will provide a general population housing alternative for incarcerated persons who have a substantial threat to their personal safety should they be released to the general population and are deemed appropriately housed, based upon a preponderance of evidence, by the Departmental Review Board (DRB).
(a) Programming for those incarcerated persons housed in the RCGP shall be comprised of at least 20 hours of out-of-cell time per week unless safety and security considerations preclude such activity. These programs provide increased opportunities for positive social interaction with other incarcerated persons and staff, including but not limited to: Alternative Education Program and/or small group education opportunities; yard (minimum of 10 hours per week) in small group yards as determined by ICC; access to religious services, support services job assignments and leisure time activity groups; access to GED, high school, and college level educational programs, with adequate academic support, and electrical appliances commensurate with the Authorized Personal Property Scheduled for the designated level of the facility and individual or small group yards as determined by ICC, which shall be a minimum of ten (10) hours per week.
(b) All RCGP incarcerated persons will be scheduled for appearance before the Institutional Classification Committee (ICC) every 180 days in accordance with section 3376. For incarcerated persons with safety concerns, ICC shall verify whether there continues to be a demonstrated threat to the incarcerated person's personal safety; and if such threat no longer exists the case shall be referred to the DRB for determination of appropriate housing. If such threat continues, the ICC shall refer the case to the DRB every two years from the initial placement date, unless the ICC referred the case during a 180-day review and the DRB has rehoused the incarcerated person to general population housing.
(c) All incarcerated persons participating in the RCGP will be placed on orientation status commensurate with the general population for a period of no more than 14 calendar days.
(d) Application of restraint equipment for all RCGP incarcerated persons shall be in accordance with section 3268.2.
(e) Incarcerated persons assigned to the RCGP for safety needs shall be addressed as follows:
(f) When housing within the RCGP has been determined by ICC, but medical, mental health, mobility, or other case factors preclude the incarcerated person from being transferred to the RCGP, a conference call should be initiated to provide institutional staff with guidance concerning placement issues and privileges utilizing the case conference process with Classification Services Unit, HCPOP, and the DAI Associate Director. This case conference shall be documented in the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference. It is recognized that at times the incarcerated person's overriding need for access to specific medical or mental health facilities will take priority over their housing in the RCGP. These incarcerated persons should receive all privileges identified within this section, unless the privilege will create a significant security concern. If the hiring authority determines that the RCGP privileges will be denied based on security concerns, the hiring authority shall contact the DAI Associate Director to obtain approval before denying the privileges.
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.