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 3346 - Re-Imposed Restricted Housing Unit Terms
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A suspended Restricted Housing Unit (RHU) term may be re-imposed if an incarcerated person is placed in restricted housing immediately following a Rules Violation Report (RVR) for serious misconduct that occurred prior to the expiration of a previously established Restricted Housing Unit Maximum Release Date (RHU MRD). In this circumstance, the incarcerated person must be found guilty of the serious misconduct and the Institution Classification Committee (ICC) shall determine that the incarcerated person poses a threat to the safety of any person or to the security of the institution. RHU terms re-imposed based on subsequent serious misconduct shall be effective the date of the misconduct. RHU terms suspended based solely on the need for inpatient medical or mental health treatment may be re-imposed without subsequent misconduct if the incarcerated person continues to pose a threat to the safety of others or the security of the institution.
(b) If an incarcerated person paroles with an active Determinate RHU term and subsequently returns to CDCR custody under the same CDCR number, ICC shall evaluate the Determinate RHU term for re-imposition. Re-imposed Determinate RHU terms shall be calculated utilizing the automated RHU Term Computation Form (Rev. 11/23), which is incorporated by reference. Any unexpired RHU term shall be recalculated and addressed by ICC. If multiple CSR-approved RHU terms are eligible for re-imposition, the RHU term with the most distant RHU MRD need only be addressed. In this circumstance, any remaining RHU terms with unexpired RHU MRDs shall be considered re-imposed. ICC retains the authority to impose or suspend any remaining time based upon the safety of persons or security of the institution.
(c) An incarcerated person who paroles with an active Administrative RHU term and subsequently returns to CDCR custody under the same or a new CDCR number shall be addressed as follows:
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 314, 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; Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995); and Castillo v. Alameida, et al., (N.D. Cal., No.C94-2847).
