Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
The purpose of the administrative review is to determine if the reason(s) for
restricted housing placement is appropriate and whether continued restricted
housing status retention is necessary, in accordance with the provisions of
this article.
(b) An incarcerated
person's restricted housing placement shall be reviewed for retention or
release by staff at the level of Captain, Correctional Counselor III (CCIII),
or higher on the first business day following such placement. The review shall
include the incarcerated person's case factors, reason(s) for restricted
housing, and an interview with the incarcerated person unless the incarcerated
person refuses to participate.
(1)
Administrative reviews shall not be conducted by the staff member who
authorized the initial restricted housing placement.
(2) An acting Captain in an official
out-of-class assignment may conduct an administrative review; however, if the
acting Captain is not in an official out-of-class assignment, an Associate
Warden (AW) shall conduct a subsequent review that same day. If the reviewing
AW is also in an acting capacity, their permanent rank shall be no lower than
Captain or CCIII.
(3) When
required, the Administrative Reviewer shall document the need for effective
communication accommodation or assistance, the provision of any assistance
provided that is consistent with the incarcerated person's disability or
communication need, the method staff used to determine the incarcerated person
understood, and documentation of the presence of a Staff Assistant (SA) when
required.
(4) The incarcerated
person shall be released to the GP if the Administrative Reviewer deems
continued restricted housing placement unnecessary.
(5) When releasing or rescinding an initial
restricted housing placement prior to the initial Institution Classification
Committee (ICC), prior to release, the releasing authority shall:
(A) Consult with the Captain or designee from
the facility where the incarcerated person is to be housed.
(B) Document the reason(s) for the decision
on the automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23),
which is incorporated by reference. The explanation of the reason(s) shall
include the information and evidence relied upon for the action
taken.
(C) Provide the incarcerated
person a copy of the automated RHUPN (Rev. 11/23).
(6) If restricted housing placement is deemed
appropriate, the Administrative Reviewer shall retain the incarcerated person
in restricted housing and address the appropriate cell status pending the ICC
hearing. If placement is based on an investigation into safety concerns and the
Administrative Reviewer determines placement does not appear to be based on the
incarcerated person's own misconduct, the Administrative Reviewer may grant
temporary Non-Disciplinary Restricted Housing for privileges and access to
property pending ICC review. The determination shall be based on a review of
the circumstances of placement, including any confidential documents and an
interview with the incarcerated person.
(7) The decision rendered shall be documented
on the automated RHUPN (Rev. 11/23). This documentation shall include an
explanation of the reason(s) for retention and the information and evidence
relied upon.
(c) The
Administrative Reviewer shall ensure the following procedural safeguards are
afforded to the incarcerated person in anticipation of the ICC hearing and that
any necessary efforts to ensure effective communication are provided and
documented.
(1) Staff Assistance. The
Administrative Reviewer shall determine the need for a Staff Assistant (SA) in
accordance with section
3344 and document on the automated
RHUPN (Rev. 11/23).
(2)
Investigative Employee (IE). If an incarcerated person requests witnesses or
the assistance of an IE, the Administrative Reviewer may assign an IE in
accordance with section
3344 and document on the automated
RHUPN (Rev. 11/23).
(3)
Incarcerated Person Waiver. An incarcerated person may waive their right to the
72-hour preparation time in writing by signing and acknowledging the waiver on
the automated RHUPN (Rev. 11/23), pursuant to subsection
3340(a)(2).
Note: Authority cited: Section 5058, Penal Code.
Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139
SAW.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code.
