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 3320.1 - Hearings for Transferred Incarcerated Persons

Universal Citation: 15 CA Code of Regs 3320.1

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

(a) An incarcerated person's pending disciplinary hearing shall be conducted before the incarcerated person is transferred to another facility unless any one of the following circumstances apply:

(1) An emergency transfer to a higher security level is necessary based on charges of involvement in a major disturbance or serious incident.

(2) The incarcerated person is charged with escape from a Level I or II facility and will not be returned to the facility from which the incarcerated person escaped.

(3) The incarcerated person requires emergency medical or psychiatric treatment.

(b) When an incarcerated person is transferred before a disciplinary hearing or a rehearing is ordered on the rule violation charges after the incarcerated person's transfer, one of the following methods shall be used to facilitate the disciplinary hearing process:

(1) The incarcerated person may be returned to the facility where the violation occurred.

(2) The institution head at the facility where the violation occurred may request the hearing be conducted by staff where the incarcerated person is currently housed or staff from the facility where the violation occurred may conduct the hearing at the facility where the incarcerated person is housed.

(A) Facility staff where the rule violation occurred may appoint an investigative employee to conduct an investigation and prepare a report as outlined in section 3318.

(B) If a staff assistant is appointed, the staff assistant shall be present at the disciplinary hearing.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 5054 and 5068, 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.