Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Incarcerated person misconduct reported on a RVR shall be classified
administrative if:
(1) The misconduct does
not constitute a misdemeanor offense, except as provided in (3)
below.
(2) It does not involve any
of the following circumstances:
(A) The use
or threat of force or violence against another person.
(B) A breach of or hazard to facility
security.
(C) A serious disruption
of facility operations.
(D) The
introduction, use, or possession of controlled substances or alcohol.
(E) Possession of dangerous
contraband.
(F) Continued failure
to meet program expectations.
(G)
Any felony offense.
(3)
Administrative rule violations include but are not limited to:
(A) Possession of property, materials, items,
or substances in excess of authorized limits, or possession of contraband other
than controlled substances or dangerous contraband.
(B) Misuse of food.
(C) Out-of-bounds presenting no threat to
facility security.
(D) Misuse of
telephone privileges presenting no threat to facility security.
(E) Mail or visiting violations presenting no
threat to facility security.
(F)
Failure to meet work or program expectations within the incarcerated person's
abilities.
(G) Late for or absent
without authorization from a work or program assignment.
(H) Use of vulgar or obscene
language.
(I) Failure to follow an
itinerary when on temporary community leave from a community-access
facility.
(J) Under the influence
(use) of alcoholic beverages, drugs, or intoxicants in a community-access
facility.
(K) Failure to comply
with departmental grooming standards.
(L) Security Threat Group (STG) Contraband:
Possessing or displaying any distinctive materials, certified symbols,
clothing, signs, artwork, photographs, or other paraphernalia associated with
any Security Threat Group as defined in Section
3000. Examples of these materials
are identified in Section
3378.4.
(M) Security Threat Group (STG) Behavior:
Demonstrating or exhibiting any unique behaviors clearly associated with a STG
that promotes, furthers or assists any Security Threat Group; as defined in
Section 3000. Examples of these behaviors
are identified in section
3378.4.
(N) Possession or constructive possession of
another incarcerated person's authorized wireless communication
device.
(b)
Administrative rule violations shall be heard by a disciplinary hearing
official not below the level of a correctional lieutenant, or an experienced
correctional counselor I, parole agent I or correctional sergeant.
(c) The incarcerated person does not have the
right to call witnesses or to have an investigative employee
assigned.
(d) If deemed necessary
by the hearing official, the hearing shall be suspended and the incarcerated
person shall be provided staff assistance pursuant to section
3318(b).
(e) The hearing official may find the
incarcerated person guilty and order one or more of the following dispositions:
(1) Counseling, with or without a
reprimand.
(2) Suspension of
privileges specified by the hearing official for no more than a 30-day period
starting the date the rule violation report was adjudicated, except as
authorized in section
3314(e)(10).
(3) Placement into privilege group B or C for
no more than a 30-day period starting the date the rule violation report was
adjudicated. Incarcerated persons placed into Privilege Group C as a result of
a disciplinary action who are participating in the Mental Health Services
Delivery System at the Enhanced Outpatient Program level of care or higher
shall be referred to the Interdisciplinary Treatment Team by the hearing
official by documenting the information on a CDCR Form 128-MH5 (Rev. 05/14),
Mental Health Referral Chrono, as a routine referral for program
review.
(4) Confinement to quarters
pursuant to section
3333 for one or more weekends
and/or holidays, not to exceed ten days and not to be imposed with subsection
(6) or suspended confinement.
(5)
Assignment to no more than 40 hours of extra duty.
(6) Confinement to quarters for a period not
to exceed five consecutive days. Incarcerated persons serving confinement to
quarters shall be released to attend work and program assignments.
(7) Placement of a restriction or hold on the
incarcerated person's trust account for rule violations involving state or
personal property as described in section
3190 when the incarcerated person
refuses to pay for the repair or replacement of such property or
canteen.
(8) Suspension of all or
part of any disposition for up to 90 days based on the incarcerated person's
acceptance of and compliance with conditions specified for suspension of the
disposition.
(9) Imposition of all
or part of an existing suspended disposition when the current rule violation is
also a violation of conditions imposed at the time of the suspension.
(10) Incarcerated persons placed in a
Restricted Housing Unit, Privilege Group D, who are found guilty of any RVR
deemed administrative per this section are subject to temporary loss of
entertainment appliances as follows:
A.
Thirty days for the first offense
B. Sixty days for the second
offense.
C. Ninety days for the
third offense.
(f) The hearing official may find the
incarcerated person guilty of the charge but, in the interest of justice or
because of extenuating circumstances, dismiss the formal rule violation charge
and report the misconduct as a custodial counseling on a Counseling Only Rules
Violation Report pursuant to section
3312. In such cases the RVR shall
be processed pursuant to section
3326.
(g) The hearing official may find the
incarcerated person not guilty and dismiss the charges.
(h) The hearing official may designate the
rule violation serious if it is determined in the fact-finding phase of an
administrative violation hearing that the misconduct is a serious rule
violation. The disciplinary hearing official shall terminate the hearing and
issue a serious RVR to the incarcerated person.
(i) Classification Committee Review. When the
hearing official determines that an incarcerated person is a program failure,
as defined in section
3000, the hearing official shall
refer the administrative disciplinary action for possible review by a
classification committee to affirm or modify the incarcerated person's program,
work/privilege group, or housing assignment.
(j) If the hearing official finds the
incarcerated person guilty of a rule violation which includes a nexus to a STG,
a copy of the completed Rules Violation Report shall be forwarded to the STG
Lieutenant.
(k) The author of a
Rules Violation Report may submit a CDCR Form 1027 (8/18), Audio-Video
Surveillance System Evidence Request, which is incorporated by reference, to
his or her supervisor to have any audio recordings, video recordings, or both
forms of recordings related to the circumstances that gave rise to the rules
violation preserved. Audio or video recordings preserved as part of a serious
Rules Violation Report shall be reviewed by the Senior Hearing Officer during
the hearing process.
Note: Authority cited: Section 5058, Penal Code.
Reference: Section 5054, Penal Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
