§ 3340. Classification Hearing of Restricted Housing Placements.
15 CA ADC § 3340Barclays Official California Code of RegulationsEffective: April 11, 2024
Effective: April 11, 2024
15 CCR § 3340
§ 3340. Classification Hearing of Restricted Housing Placements.
(3) In addition to a copy of the automated Restricted Housing Unit Placement Notice (RHUPN) (11/23), which is incorporated by reference, provided to the inmate at the time of placement in restricted housing in accordance with subsection 3335(c)(3), the inmate 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 inmate in accordance with subsection 3321(b)(3).
(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 (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 inmate placed in restricted housing and record their findings on an automated Classification Committee Chrono (05/19) in accordance with subsection 3375(g), including any evidence or documentation relied upon, with a copy issued to the inmate.
(c) Any inmate 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 inmate 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 inmate'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 inmate's case within 14 calendar days. Inmates 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 inmate'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 inmate's safety needs will require appropriate housing determination. In these cases a new automated RHUPN (11/23) shall be immediately prepared and issued, clearly articulating the reasons for continued retention, in accordance with section 3335.
(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 inmate's case within 14 calendar days.
Credits
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.
History
1. Amendment of section heading, repealer and new section and amendment of Note filed 6-1-2015 as an emergency; operative 6-1-2015 (Register 2015, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-1-2015 order, including further amendment of subsections (a)(4)-(6) and (b), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective 12-3-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).
3. Amendment of subsections (c)(1) and (c)(4) and new subsections (c)(5) and (c)(6) filed 10-9-2017 as an emergency; operative 10-9-2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (c)(1) and (c)(4) and new subsections (c)(5) and (c)(6) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-5-2018 order, including amendment of subsection (c)(1), transmitted to OAL 8-21-2018 and filed 10-3-2018; amendments effective 10-3-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 40).
6. Renumbering of former section 3340 to section 3344 and renumbering of former section 3337 to section 3340, including amendment of section heading and section, filed 10-24-2023 as an emergency; operative 11-1-2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
7. Renumbering of former section 3340 to section 3344 and renumbering of former section 3337 to section 3340, including amendment of section heading and section, refiled 4-8-2024 as an emergency; operative 4-11-2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 3340, 15 CA ADC § 3340
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