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 3338 - Suspending Restricted Housing Unit Terms

(1) ICC may commute or suspend any portion of a Determinate RHU term. Once commuted, the term shall not be re-imposed. ICC may suspend a Determinate RHU term any time it is determined an incarcerated person no longer poses a threat to the safety of any person or the security of the institution. Additionally, ICC may suspend a Determinate RHU term for purposes of inpatient medical or mental health treatment when deemed medically necessary. Any ICC action to suspend or commute a Determinate RHU term shall clearly articulate substantive justification for the decision on the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference.

(2) If an incarcerated person paroles while serving a Determinate RHU term, the remaining time on the Determinate RHU term is automatically suspended and any remaining time stayed. Any remaining Determinate RHU time shall be recalculated and assessed should the incarcerated person return to custody, so long as the incarcerated person maintains the same CDCR identification number.

(3) If an incarcerated person paroles prior to assessment of a Determinate RHU term, the ICC shall address the unresolved term should the incarcerated person return to CDCR custody with the same CDCR identification number, in accordance with section 3337.

(1) ICC may end an Administrative RHU term for purposes of inpatient medical or mental health treatment when deemed medically necessary.

(2) ICC shall refer the case to DRB if a determination is made that an incarcerated person no longer poses a threat to the safety of any person or the security of the institution. DRB shall assess the incarcerated person's case factors and determine appropriate housing.

(3) ICC shall refer the case to DRB if a determination is made that retention on Administrative RHU status is warranted. DRB shall assess the incarcerated person's case factors and disciplinary behavior and articulate the basis for the need to continue the incarcerated person on Administrative RHU status in accordance with section 3339.

(4) If an incarcerated person paroles while on an Administrative RHU term, the RHU term will be stayed. If the incarcerated person returns to CDCR custody, the Administrative RHU term will be addressed in accordance with section 3339.