Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Each RVR shall be classified by designated staff not below the level required
to conduct serious disciplinary hearings. Exception: In facilities with only
one individual at the rank of correctional lieutenant or higher, an experienced
correctional sergeant may classify rule violations.
Reports shall be classified as administrative or serious
pursuant to sections
3314 and
3315.
(1) A CDCR Form 804 (Rev. 07/24), Notice of
Pending CDCR-115, shall be completed by the classifying official and forwarded
to Case Records within 48 hours of the incarcerated person being charged with a
serious level offense (Division "F" through "A-1").
(A) For parole violators who are charged with
any Division "A", "B", or "C" offense, or any incarcerated person who refuses
to sign general and/or special conditions of parole or any form required by the
Department of Justice explaining their responsibility to register under Penal
Code section
290, Case
Records staff shall ensure that the CDCR Form 804 is expedited to the
Classification and Parole Representative to ensure revocation or revocation
extension processes are initiated.
(b) Staff who review or classify a RVR shall
not serve as the disciplinary hearing official for that rule
violation.
(c) The classification
of a RVR may be changed as follows:
(1)
Before the disciplinary hearing, the official who initially classified the RVR
or a staff member at a higher level may change the classification of the
RVR.
(2) During the disciplinary
hearing, the official conducting the hearing may reduce a serious
classification to administrative as a finding of the hearing if the reduced
charge meets the criteria of an administrative violation as described in
section 3314.
(3) After the disciplinary hearing, the chief
disciplinary officer may reduce a serious classification to administrative if
the reduced charge meets the criteria of an administrative violation as
described in section
3314.
(4) After the disciplinary hearing, an
administrative classification shall not be changed to serious unless the chief
disciplinary officer or director orders a rehearing of the charges as a serious
rule violation.
(A) When a rehearing is
ordered by the chief disciplinary officer or director, the incarcerated person
shall be provided all rights and procedural safeguards of a serious rule
violation hearing.
(B) An order for
a rehearing shall be in writing and shall include the reasons for the order. A
copy of the order shall be provided to the incarcerated person.
(C) Time limitations relative to the
re-issued RVR shall commence on the date the chief disciplinary officer issues
the order to re-hear pursuant to section
3320(a). Credit
forfeiture will not be allowed if the time limitations were violated on the
original RVR that was ordered re-issued/re-heard.
(5) If the RVR is reclassified from
administrative to serious, the incarcerated person shall receive written notice
and shall be subject to the provisions of Section
3315 of these
regulations.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
2079,
2932 and
5054, Penal
Code; and In re Hamilton (1991) 230 Cal.App.3d 1592, 281 Cal. Rptr. 900.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
2079,
2932 and
5054, Penal
Code; In re Hamilton (1991) 230 Cal.App.3d 1592, 281 Cal. Rptr. 900.
