§ 3375.2. Administrative Determinants.
15 CA ADC § 3375.2Barclays Official California Code of RegulationsEffective: April 11, 2024
Effective: April 11, 2024
15 CCR § 3375.2
§ 3375.2. Administrative Determinants.
(6) An inmate serving a sentence of life without possibility of parole (LWOP) shall not be housed in a facility with a security level lower than Level II, except when authorized by the Departmental Review Board (DRB). Additionally, an LWOP inmate housed within a general population facility with a security level of II, III, or IV shall be housed in a facility with a lethal electrified fence as defined in section 3000.
(7) Condemned inmates shall not be housed in a facility with a security level lower than that which is authorized to house LWOP inmates. A condemned inmate shall not be housed in a facility with a security level lower than Level II, except when authorized by the DRB. Additionally, a condemned inmate housed within a general population facility shall be housed in a facility with a lethal electrified fence as defined in section 3000. Female condemned inmates shall only be housed at the Central California Women's Facility.
(8) An inmate serving a life term with the possibility of parole shall not be housed in a non-secure facility as defined in section 3000, nor assigned to a program outside a security perimeter unless the exceptional criteria specified within this subsection have been met. Exceptions may only occur when the Board of Parole Hearings (BPH) grants parole, the release date is within three years, and the Governor's Office has completed its review and either formally approved parole or taken no action. When all three conditions are met and the inmate is otherwise eligible for a custody reduction, the inmate shall be evaluated by an ICC for the custody reduction.
(G) The inmate does not have a history of escape or attempted escape with force from any correctional setting or armed escort, escape or attempted escape from a correctional setting with a secure perimeter as defined in section 3000, and plotting or planning to escape from a correctional setting with a secure perimeter as defined in section 3000 or from an armed escort.
(13) An inmate with a case factor described in subsections 3377.2(b)(2)(A), 3377.2(b)(2)(B), or 3377.2(b)(2)(C), shall be ineligible for minimum custody. An inmate with a history of one or more walkaways from non-secure settings, not to include Drug Treatment Furlough, Community Correctional Reentry Centers, and Community Reentry Programs, shall not be placed in minimum custody settings for at least ten years following the latest walkaway.
(14) A validated STG-I associate or member may be granted Minimum A or Minimum B Custody on a case-by-case basis. Designation of Minimum A or Minimum B Custody for a validated STG-I associate or member requires a review of the totality of the inmate's case factors by an ICC and a determination that their housing with such a level of custody would not pose a threat to the safety and security of the institution, inmates, staff, and public.
(3) BEH. Inmate's record of behavior indicates they are capable of successful placement at a facility with a security level lower than that which is consistent with their placement score. This factor shall not be used for an inmate who is currently housed at a facility with a security level higher than that which is consistent with their placement score.
(8) ENE. Inmate has one or more enemies under the department's custody or department's jurisdiction who have been documented on a CDCR Form 812 (Rev. 11/13), Notice of Critical Case Information-Safety of Persons (Non-Confidential Enemies), or on a CDC Form 812-C (Rev. 8/01), Notice of Critical Information--Confidential Enemies, pursuant to section 3378. This shall also be used when it is probable that the inmate may be victimized due to case factors (e.g., the nature of their offense is likely to create an enemy situation at certain facilities, current Protective Housing Unit case, and those who are natural victims because of their appearance).
(28) VIO. Inmate has a current or prior conviction for a violent felony, or a sustained juvenile adjudication including, but not limited to, those listed under Penal Code (PC) section 667.5(c), a felony conviction or equivalent finding for PC section 192(b), a felony or misdemeanor conviction or equivalent finding for PC section 422 or 646.9, or a guilty finding for Division A-1 or A-2 RVR offense that is the equivalent of a PC section 667.5(c) offense which occurred on or after February 20, 2017, which, as determined by the Classification Staff Representative (CSR), requires placement in a facility with a higher security level than that indicated by their placement score. For the purpose of this subsection, an equivalent finding means any finding specified within subsections 3375.2(b)(29)(A) through 3375.2(b)(29)(C). For the purpose of this subsection, a case-by-case review for VIO means a classification committee action in which the committee conducting the review examines the totality of the inmate's case factors including, but not limited to: the circumstances of the offense, extent of injury to the victim(s), rationale for committing the offense, criminal intent versus neglect, history of committing similar acts, and the safety of the public, staff, and other inmates.
(D) A VIO administrative determinant shall be applied automatically for an inmate with a current or prior conviction or finding as described within subsection 3375.2(b)(29) including 3375.2(b)(29)(A)-(C) for a PC section 667.5(c) offense or an equivalent conviction from another jurisdiction, unless expressly identified as requiring case-by-case review as directed within subsections 3375.2(b)(29)(F)-(I).
(E) A case-by-case review for a VIO administrative determinant as directed within subsection 3375.2(b)(29)(F)-(I) is not required when an inmate already has or will have an administrative determinant imposed which will permanently preclude minimum custody. Note: MED and PSY administrative determinants are not permanent exclusionary case factors.
(F) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for felony convictions, to include enhancements, stayed enhancements, or one of the findings described within subsection 3375.2(b)(29) and 3375.2(b)(29)(A)-(C) for a PC section 667.5(c) offense or an equivalent offense from another jurisdiction listed here: PC Section(s) 211, 211 with PC section 12022(b), PC section 212, 212.5, 212.5 with PC section 12022(b), 213, 214, 215, 215(a) with PC section 12022(b), 459 wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary, 460(a) wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary, 518 with PC section 186.22, 519 with PC section 186.22, 520 with PC section 186.22, 12022.3(a), 12022.5, 12022.53, 12022.55, 12022.7, 12022.8, and 12022.9.
(H) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for the following felony or misdemeanor convictions, to include stayed counts, or one of the other findings described within subsection 3375.2(b)(29)(A)-(C) for PC 422 and PC 646.9.
(J) An inmate who has a VIO administrative determinant imposed currently or who is determined to require review for consideration of a VIO administrative determinant pursuant to subsection 3375.2(b)(29) shall be eligible for consideration of removal of an existing VIO during the annual classification review consistent with subsection 3376(d)(2)(A), or to not have a VIO imposed initially where the following criteria is satisfied:
1. Life term inmates are eligible for consideration of placement in a secure level I facility as required by subsection 3375.2(a)(9), or placement in a non-secure facility pursuant to the exceptions noted in subsection 3375.2(a)(7) and meet the additional criteria noted within subsections 3375.2(b)(29)(J)3 through 8.
5. The classification committee conducting the review shall consider each of the following criteria and thoroughly summarize and document the committee's reason for its decision to remove, impose, or not impose the VIO administrative determinant within the automated Classification Committee Chrono (05/19), which is incorporated by reference, consistent with subsection 3375(g).
Credits
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3450, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F. Supp. 1146; Wright v. Enomoto (N.D. Cal. 1976) 462 F. Supp. 397; and Stoneham v. Rushen (1984) 156 Cal. App. 3d 302.
History
1. Change without regulatory effect adding section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing error inadvertently omitting text in subsection (a)(6) (Register 91, No. 11).
3. Editorial correction of printing errors (Register 92, No. 5).
4. Repealer of subsection (a)(7) and amendment of subsection (a)(8) filed 1-16-92; operative 2-17-92 (Register 92, No. 13).
5. Amendment of subsection (b)(8) filed 6-17-94; operative 7-18-94 (Register 94, No. 24).
6. Repealer of subsections (b)(13), (b)(16) and (b)(22), subsection renumbering, amendment of newly designated subsection (b)(21), and new subsections (b)(22) and (b)(24) filed 9-5-95 as an emergency; operative 9-5-95 (Register 95, No. 36). A Certificate of Compliance must be transmitted to OAL by 2-12-96 (pursuant to Penal Code section 5058(e)) or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 9-5-95 order, including amendment of subsection (b)(24), transmitted to OAL 1-8-96 and filed 2-15-96 (Register 96, No. 7).
8. New subsection (b)(12), subsection renumbering, and amendment of Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
10. Change without regulatory effect amending subsection (b)(8) filed 10-23-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
11. Amendment of subsections (b)(2) and (b)(25) and new subsections (b)(25)(A)-(C) filed 3-7-2002; operative 4-6-2002 (Register 2002, No. 10).
12. Amendment of section and Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
14. Amendment of subsection (a)(2) filed 11-3-2006; operative 12-3-2006 (Register 2006, No. 44).
15. Amendment of subsection (a)(6) filed 11-14-2011 as an emergency; operative 11-14-2011 (Register 2011, No. 46). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-23-2012 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-14-2011 order transmitted to OAL 2-29-2012 and filed 4-5-2012 (Register 2012, No. 14).
17. Amendment of subsections (a)(5)-(6), repealer and new subsection (a)(7), repealer of subsections (a)(7)(A)-(B), amendment of subsection (a)(8), new subsection (a)(11), amendment of subsections (b), (b)(2), (b)(8) and (b)(20), new subsection (b)(22), subsection renumbering and amendment of newly designated subsections (b)(26)(B)1.-(b)(26)(C) and Note filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
19. Amendment of subsection (b)(18), new subsection (b)(21), subsection renumbering and amendment of newly designated subsection (b)(28) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5-14-2014 (Register 2014, No. 20).
21. Amendment filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
22. New subsection (b)(22) and subsection renumbering filed 3-29-2016 as an emergency; operative 3-29-2016 (Register 2016, No. 14). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-6-2016 or emergency language will be repealed by operation of law on the following day.
23. Reinstatement of section as it existed prior to 3-29-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 37).
24. Amendment of subsections (a)(6)-(a)(10), new subsections (a)(10)(A)-(I), amendment of subsection (a)(11), new subsections (a)(12)-(14), amendment of subsections (b)(24) and (b)(29) and new subsections (b)(29)(D)-(b)(29)(J)8. filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 2-9-2017 order, including nonsubstantive amendment of subsection (a)(29)(F), transmitted to OAL 7-12-2017 and filed 8-23-2017 (Register 2017, No. 34).
26. Repealer of subsections (b)(11)-(12) and (b)(16), new subsections (b)(21) and (b)(25), subsection renumbering and amendment of newly designated subsections (b)(26) and (b)(28) 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.
27. Repealer of subsections (b)(11)-(12) and (b)(16), new subsections (b)(21) and (b)(25), subsection renumbering and amendment of newly designated subsections (b)(26) and (b)(28) 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.
28. Certificate of Compliance as to 3-5-2018 order, including amendment of subsections (b)(28), (b)(28)(D)-(J)1., (b)(28)(J)4. and (b)(28)(J)6.-7., 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).
29. Change without regulatory effect amending subsection (b)(2) filed 5-1-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 18).
30. Amendment of subsections (a)(2) and (a)(11) filed 8-31-2020; operative 10-1-2020 (Register 2020, No. 36).
31. Amendment of subsections (a)(10)(D) and (b)(19) filed 4-27-2021 as an emergency; operative 4-27-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
32. Editorial correction of History 31 (Register 2021, No. 36).
33. Amendment of subsections (a)(10)(D) and (b)(19) refiled 2-1-2022 as an emergency; operative 2-1-2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
34. Amendment of subsections (a)(10)(D) and (b)(19) refiled 5-2-2022 as an emergency; operative 5-3-2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
35. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8-31-2022 (Register 2022, No. 35).
36. Amendment filed 11-14-2022; operative 11-14-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).
37. Repealer of subsection (b)(21), subsection renumbering and amendment of newly designated subsection (b)(28)(J)5. 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.
38. New subsection (a)(7), subsection renumbering, amendment of newly designated subsection (a)(9) and amendment of Note filed 1-31-2024; operative 1-31-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).
39. Amendment of repealer of subsection (b)(21), subsection renumbering and amendment of newly designated subsection (b)(28)(J)5. 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 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 15, § 3375.2, 15 CA ADC § 3375.2
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