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 3341 - Imposed Restricted Housing Unit Term Classification Hearings
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Restricted Housing Status Reviews. The Institution Classification Committee (ICC) shall conduct all classification hearings of restricted housing status incarcerated persons except as detailed in subsection 3376(d)(5).
(b) Incarcerated persons on Administrative Restricted Housing Unit (RHU) status shall be reviewed by an ICC for release consideration to less-restrictive housing no less frequently than every 180 days. Incarcerated persons who are retained on Administrative RHU status by an ICC shall be referred to the Departmental Review Board (DRB) on an annual basis. The DRB shall conduct an assessment of the incarcerated person's case factors and disciplinary behavior for placement in less-restrictive housing.
(c) Incarcerated persons on an imposed Determinate RHU term shall be reviewed by the ICC no less frequently than every 180 days following their initial RHU annual review, or sooner as directed by a Classification Staff Representative for release consideration.
(d) Any incarcerated person expected to be retained on RHU status beyond 360 days shall be provided an automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, documenting the RHU annual review, which shall be issued in accordance with section 3342, prior to the incarcerated person's RHU annual review.
(e) An incarcerated person shall not be retained in RHU beyond the expiration of an imposed Determinate RHU term or beyond 360 days with an unexpired RHU Maximum Release Date (RHU MRD), unless the ICC has determined that retention in the RHU is required.
(f) A validated Security Threat Group (STG) I incarcerated person who is requesting to debrief from their STG shall be considered for release from a RHU as follows:
(g) Pre-RHU MRD Hearing. A Pre-RHU MRD hearing shall be held by ICC 90 days prior to the expiration of the controlling RHU MRD. The ICC review shall include, but not be limited to, the availability of appropriate alternative housing, demonstrated evidence of behavioral change, and expressed willingness to conform to CDCR rules, as well as determination of the housing and program assignment following completion of the RHU term, or sooner, if appropriate.
(h) RHU classification decisions, including notification of the reasons for a classification hearing, RHU term assessment, 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: 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; Castillo v. Alameida, et al., (N.D. Cal., No.C94-2847); Coleman v. Wilson, 912 F.Supp. 1282 (E.D. Cal. 1995); and Clark v. California, 123 F.3d 1267 (9th Cir. 1997).
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; and Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490.
