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 7 - Restricted Housing
Section 3335.1 - Exclusions

Universal Citation: 15 CA Code of Regs 3335.1

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

(a) Removal of an incarcerated person from the General Population (GP) for the reasons described in this section is not considered placement in restricted housing and is specifically excluded from the other provisions of this article.

(b) Medical. When an incarcerated person is removed from the GP for medical or psychiatric reasons by order of healthcare staff and the incarcerated person's placement is in a medical setting or in other housing as a medical quarantine, the incarcerated person will not be deemed a Restricted Housing incarcerated person for the purpose of this article. Restricted Housing incarcerated persons with healthcare concerns shall remain on restricted housing status, regardless of housing.

(c) Lay-Over. Newly received incarcerated persons in transit or lay-over status may be restricted to assigned quarters for that purpose. Such restrictions should not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing. If restricted housing is used for this purpose, such placement shall be in accordance with the provisions of Subchapter 4, Article 7.

(d) Orientation. Newly received incarcerated persons may be restricted to assigned quarters for that purpose. Such restrictions should not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing. If restricted housing is used for this purpose, such placement shall be in accordance with the provisions of Subchapter 4, Article 7.

(e) Disciplinary Detention. Placement in disciplinary detention as an ordered action of a disciplinary hearing is not subject to the provisions of this article.

(f) Confinement to Quarters. Confinement to quarters as an ordered action of a disciplinary hearing is not subject to the provisions of this article.

(g) Protective Housing Unit (PHU). A PHU houses incarcerated persons whose safety would be endangered by general population incarcerated persons, and provides secure housing and care for incarcerated persons with safety concerns of such magnitude that no other viable housing options are available, subject to approval by the Departmental Review Board (DRB).

(1) An incarcerated person meeting all of the following criteria may be placed in PHU:
(A) The incarcerated person does not require restricted housing placement for reasons other than protection.

(B) The incarcerated person is not documented as an affiliate of an STG-I.

(C) An Institution Classification Committee has determined that the incarcerated person does not pose a threat to the safety or security of other incarcerated person similarly housed in the PHU.

(D) The incarcerated person has specific, documented, and verified safety and/or enemy concerns, capable of causing and likely to cause the incarcerated person great bodily injury if placed in the general population.

(E) The incarcerated person has notoriety likely to result in great bodily injury to the incarcerated person if placed in the general population.

(F) There is no alternative placement available that can both ensure the incarcerated person's safety and provide the level of custody required for the appropriate control of the incarcerated person's movement.

(2) The incarcerated person's uncorroborated personal report, the nature of their commitment offense or a record of prior protective custody shall not be the sole basis for PHU placement.

(3) The Departmental Review Board (DRB) shall retain sole authority for incarcerated person placement in and removal from PHU.

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

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