Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
The need to retain an incarcerated person in restricted housing shall be
determined by the ICC.
(1) The initial ICC
hearing shall be held within ten (10) calendar days after the date the
incarcerated person was initially placed in restricted housing. Voluntary
extension of this time frame by the incarcerated person is not
permitted.
(2) The incarcerated
person shall be allowed at least 72 hours to prepare for the ICC classification
hearing. However, the incarcerated person may waive this procedural safeguard,
after the Administrative Reviewer considers the need for a Staff Assistant (SA)
and the incarcerated person does not require an SA.
(3) In addition to a copy of the automated
Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is
incorporated by reference, provided to the incarcerated person at the time of
placement in restricted housing in accordance with subsection
3335(c)(3), the
incarcerated person shall be provided copies of all additional documentation
concerning the reasons for restricted housing placement at least 24 hours prior
to the ICC hearing. Confidential information pertaining to the case shall be
afforded to the incarcerated person in accordance with subsection
3321(b)(3).
(4) Incarcerated persons not requiring an SA,
in accordance with section
3344, may waive the 24-hour period
for documentation review. Waivers shall be formally noted in the automated
Classification Committee Chrono (Rev. 05/19), which is incorporated by
reference.
(5) Exceptions to the
incarcerated person's physical presence at the hearing shall be permitted in
accordance with subsections
3320(g) or
3375(f)(3). The
reasons for any hearing conducted without the presence of the incarcerated
person shall be recorded within the automated Classification Committee Chrono
(Rev. 05/19).
(6) If the
incarcerated person refuses or is unable to attend the hearing, a staff member
shall query the incarcerated person on behalf of the ICC and convey all
relevant information to the ICC to consider in making their decision, which
shall be recorded within the automated Classification Committee Chrono (Rev.
05/19).
(7) The SA, if one is
assigned, shall be at the hearing even if the incarcerated person is not
present.
(b) The primary
purpose of the initial ICC hearing is to determine the need for continued
retention in restricted housing. Consistent with the criteria set forth in
section 3335, the ICC review shall be
based on the documented case-specific circumstances of the automated RHUPN
(Rev. 11/23) and any other disciplinary, IE report or other available
information that may impact placement. The ICC shall ensure that all applicable
procedural safeguards are uniformly applied to each incarcerated person placed
in restricted housing and record their findings on an automated Classification
Committee Chrono (Rev. 05/19) in accordance with subsection
3375(g),
including any evidence or documentation relied upon, with a copy issued to the
incarcerated person.
(1) The classification
committee shall consider all available information, including incarcerated
person comments, when determining the appropriate exercise yard group and any
housing restrictions.
(2) The
incarcerated person's yard assignment and housing status shall be reviewed at
each ICC appearance and modified as necessary.
(c) Any incarcerated person retained in
restricted housing at the initial ICC hearing shall be presented to a CSR
within 30 days of the hearing date for review and approval. Subsequent ICC
reviews shall proceed in accordance with the following timelines, considering
any applicable projected Restricted Housing Unit Maximum Release Date (RHU
MRD), as defined in section
3000, until the incarcerated
person is released to the GP:
(1) At intervals
of not more than 180 days: when a pending Restricted Housing Unit
(RHU)-assessable Rules Violation Report (RVR) is postponed pending a court
proceeding or the District Attorney (DA) decision for possible prosecution of
referred cases. Restricted housing extension requests specific to pending
disciplinary matters shall identify the incarcerated person's intent to
postpone the disciplinary hearing, as well as the status of the pending DA
referral. Upon resolution of such matters, an ICC shall review the incarcerated
person's case within 14 calendar days. Incarcerated persons who have postponed
their RVR pending a court proceeding or a referral to the DA shall not be
retained in RHU past the anticipated projected RHU MRD unless ICC has reason to
believe, based on the incarcerated person's disciplinary history and other case
factors, including the existence of overwhelming evidence supporting an
immediate threat to the security of the institution or the safety of others,
that referral to the Departmental Review Board (DRB) is necessary for:
1) assessment of Administrative RHU status
for the safety and security of the institution or persons, following the
adjudication of the RVR; or
2) the
incarcerated person's safety needs will require appropriate housing
determination. In these cases, a new automated RHUPN (Rev. 11/23) shall be
immediately prepared and issued, clearly articulating the reasons for continued
retention, in accordance with section
3335.
(2) At intervals of not more than 90 days:
when a restricted housing incarcerated person is pending a GP
transfer.
(3) At intervals of not
more than 90 days: until a RHU-assessable RVR is adjudicated and the matter is
not pending referral for prosecution. Upon resolution of such matters, an ICC
shall review the incarcerated person's case within 14 calendar days.
(4) At intervals of not more than 30 days:
pending completion of an investigation into the safety of any person. If the
complexity of the issues (e.g., safety/enemy concerns, institutional security,
serious misconduct or criminal activity) require further investigation, up to a
90-day extension may be requested. Should the completed investigation result in
the issuance of an RVR and/or referral to the DA for criminal prosecution, the
ICC shall review the case in accordance with the schedule set forth in
subsections (1) or (3), above. Upon resolution of such matters, an ICC shall
review the incarcerated person's case within 14 calendar days.
(5) At the pre-RHU MRD and at intervals of
not more than 90 days: when retention is warranted due to the incarcerated
person being referred to the DRB for an Administrative RHU term.
(6) At intervals of not more than 90 days:
upon receipt of an incarcerated person's request to initiate the Debrief
Process, in accordance with CCR section
3378.5.
(d) Subsequent ICC reviews shall be in
accordance with subsection (c) of this section. All cases shall be presented to
the CSR prior to the expiration of a previously approved CSR
extension.
(e) Incarcerated persons
in restricted housing who have an imposed RHU term, but are pending other
unresolved case considerations, shall be reviewed by the ICC in accordance with
section 3341.
(f) RHU classification decisions, including
notification of the reasons for a classification hearing, housing restrictions,
and yard assignment shall be documented on the automated Classification
Committee Chrono (Rev. 05/19), with a copy provided to the incarcerated
person.
Note: Authority cited: Section 5058, Penal Code.
Reference: Section 5054, Penal Code; 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.
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code; Coleman v. Wilson 912 F. Supp. 1282 (E.D. Cal. 1995); and Clark v.
California 123 F. 3d 1267 (9th Cir. 1997).
