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 5 - Incarcerated Person Discipline
Section 3317.2 - Behaviors Related to Mental Illness or Developmental Disability/Cognitive or Adaptive Functioning Deficits Excluded from Rules Violation Reports

Universal Citation: 15 CA Code of Regs 3317.2

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

(a) Incarcerated persons shall not be issued a Rules Violation Report for behavior that constitutes a Rule Violation under the circumstances described in subsections (1)-(4) below.

(1) The behavior occurred in connection with a cell extraction for the administration of involuntary medication, as defined in Penal Code Section 2602, or involuntary medical treatment, as defined in Probate Code section 3200, et seq.

(2) The behavior occurred in connection with a cell extraction for transfer of the incarcerated person to a mental health inpatient unit or between mental health inpatient units.

(3) The behavior occurred in connection with being placed in mental health restraints and/or seclusion.

(4) The behavior is determined to be an act of self-mutilation or attempted suicide.

(b) The incarcerated person's conduct shall be documented on a CDC Form 128-B for inclusion in the incarcerated person's central file.

(c) If the incarcerated person commits a Serious Rules Violation pursuant to Section 3315 while participating in the behavior noted above, which constitutes a Division A-1 offense as defined in Section 3323, subsection (b), an assault or battery as defined in Section 3323, subsections (d)(1), (d)(2), and (d)(3), or an assault on a peace officer or non-incarcerated person as defined in Section 3323, subsections (f)(11) and (f)(12), a Rules Violation Report shall be completed and processed in accordance in accordance with this Article.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.