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 3339 - Administrative Restricted Housing Unit Term

Universal Citation: 15 CA Code of Regs 3339

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

(a) An incarcerated person in the following circumstances may be assessed an Administrative Restricted Housing Unit (RHU) term by the Departmental Review Board (DRB) when the DRB articulates a substantial justification for the need for RHU placement due to the incarcerated person's ongoing threat to safety and security of the institution and/or others, and the incarcerated person cannot be housed in a less-restrictive environment; and

(1) Upon completion of a Determinate RHU term, the DRB determines the incarcerated person's case factors are such that overwhelming evidence exists supporting an immediate threat to the security of the institution or the safety of others; or

(2) The incarcerated person has a substantial disciplinary history consisting of no less than three (3) RHU/SHU terms within the past five (5) years and substantial justification for the need for continued RHU placement due to the incarcerated person's ongoing threat to safety and security of the institution and/or others exists; or

(3) The incarcerated person is currently serving an Administrative RHU term and continued retention is required because the incarcerated person's case factors are such that overwhelming evidence exists supporting an immediate threat to the security of the institution or safety of others, or the incarcerated person has a substantial disciplinary history consisting of no less than three (3) RHU/SHU terms within the past five (5) years.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.

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