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 3342 - Amendment to Reasons for Restricted Housing

Universal Citation: 15 CA Code of Regs 3342

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

(a) When the initial reason(s) for restricted housing has been resolved, but additional circumstances exist warranting continued restricted housing placement, a new automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, shall be immediately prepared and issued, clearly articulating the reasons for continued retention, in accordance with section 3335.

(1) An automated RHUPN (Rev. 11/23) issued for purposes of retaining an incarcerated person in a Restricted Housing Unit shall not require an Administrative Review.

(2) The official documenting retention shall ensure, and articulate on the automated RHUPN (Rev. 11/23) at the time of issuance, that all procedural safeguards have been provided, in accordance with subsections 3336(c)(1) through (3).

(3) The ICC shall be the sole authority permitted to effect a placement decision under the provisions of this section.

(b) For retention purposes, the automated RHUPN (Rev. 11/23) shall include:

(1) The current reason(s) for restricted housing, and any resolution of such placement.

(2) The new reason(s) for retention in restricted housing in accordance with section 3335.

(3) When necessary, the official issuing the automated RHUPN (Rev. 11/23) for restricted housing retention shall document the need for effective communication accommodation if any, as defined in section 3000, the provision of any assistance provided that is consistent with the incarcerated person's disability or communication need, and the method staff used to determine the incarcerated person understood.

(c) ICC hearings on automated RHUPN (Rev. 11/23) retaining incarcerated persons in restricted housing shall be in accordance with section 3340.

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.

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