Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
When an incarcerated person's presence in an institution's General Population
(GP), inclusive of the Restricted Custody General Population (RCGP) facility,
presents an immediate threat to the safety of the incarcerated person or
others, endangers institution security, or jeopardizes the integrity of an
investigation of alleged serious misconduct, criminal activity, or the safety
of any person, the incarcerated person shall be immediately removed from the GP
and placed in a Restricted Housing Unit (RHU) pursuant to subsection
3335(c). Initial
placement into these units requires issuance of an automated Restricted Housing
Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference,
and approval by an Administrative Reviewer as described in subsection
3336(b). If an
Institution Classification Committee (ICC) determines continued placement in a
RHU is appropriate, approval by the Classification Staff Representative (CSR)
for extension or an assessed Determinate RHU term, or by the Departmental
Review Board (DRB) if the incarcerated person is being assessed an
Administrative RHU term, on the basis of classification committee
recommendations and referrals is required. CDCR staff shall not place
incarcerated persons into a RHU solely on the basis of their validation
status.
(b) Non-Disciplinary
Restricted Housing.
(1) Non-Disciplinary
Restricted Housing (NDRH) means temporary restricted housing placement for
administrative reasons including, but not limited to:
(A) RHU placement for investigation of safety
concerns not resulting from the incarcerated person's own misconduct.
(B) Investigation not related to misconduct
or criminal activity.
(C) Being a
relative or an associate of a prison staff member.
(D) Investigation related to being the victim
of a Prison Rape Elimination Act (PREA) incident.
1. If the placement in NDRH is related to
being the victim of a PREA incident, the incarcerated person will be afforded
all programs, privileges, and education in accordance with section
3044 and subsection
3190(d). If these
are restricted, assigned staff shall document:
1) the opportunities that have been
limited;
2) the duration of the
limitation; and
3) the reasons for
such limitations.
2. The
facility shall assign such incarcerated persons to NDRH only until an
alternative means of separation from likely abusers can be arranged, and such
an assignment shall not ordinarily exceed a period of 30 days. If the period of
restricted housing exceeds 30 days, reasoning shall be documented on an
automated Classification Committee Chrono (Rev. 05/19), which is incorporated
by reference.
3. Every 30 days, the
facility shall afford each such incarcerated person with a review by the
assigned custody supervisor to determine whether there is a continuing need for
restricted housing. The review shall be documented on the CDC Form 128-B (Rev.
4/74), General Chrono. If the custody supervisor determines the need for
continued restricted housing no longer exists, the incarcerated person shall be
referred to the ICC for a program review.
(E) Post-Restricted Housing Unit Maximum
Release Date (RHU MRD) pending transfer to the GP.
(F) Lack of appropriate bed space.
(G) Out-to-court and return for non-criminal
proceedings with case factors precluding release to the GP.
(2) Incarcerated persons whose safety
concerns result from the incarcerated person's own misconduct or the
incarcerated person's failure to cooperate with the investigation into their
safety concerns may be denied NDRH designation by an ICC. In these cases, the
ICC shall document the information detailing the misconduct and reasoning for
denial of NDRH within the automated Classification Committee Chrono (Rev.
05/19).
(3) Designation as NDRH
shall be made by ICC.
(A) Any case designated
as NDRH, pursuant to subsections
3335(b)(1)(A)
through 3335(b)(1)(C),
and included in the MHSDS shall be transferred to an appropriate institution
within 72 hours of initial designation.
(4) Incarcerated persons assigned to Work
Group (WG) M or F and designated NDRH shall retain their WG status in
accordance with subsections
3044(b)(7)(D) and
3044(b)(8)(E).
Privileges shall be in accordance with subsections
3044(c)(6)(A)1.
and 3190(c).
(c) The
reasons for ordering an incarcerated person's placement in restricted housing
shall be clearly articulated on an automated RHUPN (Rev. 11/23) by the initial
authority who ordered placement in restricted housing.
(1) The automated RHUPN (Rev. 11/23) shall
include sufficient information and detail to allow the incarcerated person to
present a written or verbal defense to the stated reason(s) and circumstances
for restricted housing during the classification hearing.
(2) The authority to order an incarcerated
person's initial placement in restricted housing shall not be delegated below
the staff level of Correctional Lieutenant or Correctional Counselor II (CCII)
Supervisor, except when a lower-level staff member is the highest-ranking
official on duty.
(3) A printed
copy of the automated RHUPN (Rev. 11/23) shall be issued to the incarcerated
person at the time of placement in restricted housing by the official ordering
placement or by staff at the level of Correctional Lieutenant, CCII Supervisor,
or higher.
(A) When necessary, the official
ordering restricted housing placement shall accurately document whether the
incarcerated person has Limited English Proficiency (LEP), or has a disability
or communication need requiring effective communication, whether there is a
need for an accommodation or assistance to ensure effective communication as
defined in section
3000, and if necessary, document
the provision of any assistance provided that is consistent with the
incarcerated person's communication need, and document the method staff used to
determine the incarcerated person understood.
(4) Restricted housing incarcerated persons
returning to their endorsed institution from out-to-court or out-to-medical
shall not require an updated automated RHUPN (Rev. 11/23) unless the
incarcerated person's next scheduled ICC hearing was missed or the
circumstances for restricted housing have changed.
(d) In addition to the automated RHUPN (Rev.
11/23), the initial authority who ordered placement in restricted housing or
designee shall prepare a CDC Form 114-A1 (Rev. 11/23), Inmate Restricted
Housing Profile, which is incorporated by reference, for each incarcerated
person being placed on restricted housing status.
(e) A staff member at the rank of Captain,
Correctional Counselor III (CCIII) or higher may rescind the placement and
order the release of an incarcerated person in restricted housing at any time
prior to the initial ICC.
(f) All
classification committee actions shall be documented, including a specific
record of the incarcerated person's participation, an explanation of the
reason(s), and the information and evidence relied upon for the action taken.
The incarcerated person shall be provided a copy of the automated
Classification Committee Chrono (Rev. 05/19) and copies of the completed forms
relied upon in making the decisions affecting the incarcerated
person.
(g) Special circumstances
or exceptions to the placement criteria for RHU must be referred to and decided
by the DRB in accordance with section
3376.1.
Note: Authority cited: Section 5058, Penal Code.
Reference: Sections 5054 and 5068, Penal Code;
28 CFR Sections
115.42 and
115.43; Wright v. Enomoto (1976)
462 F.Supp. 397; Toussaint v. McCarthy (9th Cir. 1986) 801 F.2d 1080, cert.
denied, 481 U.S. 1069; Sandin v. Connor (1995) 515 U.S. 472; Toussaint v.
McCarthy (9th Cir. 1990) 926 F.2d 800; and Toussaint v. Yockey (9th Cir. 1984)
722 F.2d 1490.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
5054 and
5068, Penal
Code; 28 CFR Sections
115.42 and
115.43; Wright v. Enomoto, (1976)
462 F.Supp. 397; and Toussaint v. McCarthy (9th Cir. 1986) 801 F.2d 1080, cert.
denied, 481 U.S. 1069.
