§ 3486. Allegations of Staff Misconduct Toward an Inmate or Parolee.
15 CA ADC § 3486Barclays Official California Code of RegulationsEffective: October 20, 2022
Barclays 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 (Refs & Annos)
Subchapter 5.1. Inmate and Parolee Programs
Article 1.5. Staff Misconduct Complaints
Effective: October 20, 2022
15 CCR § 3486
§ 3486. Allegations of Staff Misconduct Toward an Inmate or Parolee.
(21) “Screening Decision” refers to the decision made by the CST of whether a complaint contains a Routine Issue, allegation(s) of staff misconduct toward an inmate or parolee, or allegation(s) of staff misconduct not related to an inmate or parolee. If the complaint contains allegation(s) of staff misconduct toward an inmate or parolee which include complex issues requiring specialized investigative skills or resources, CST shall refer the allegations to AIU for investigation. If the complaint contains allegation(s) of staff misconduct toward an inmate or parolee which do not include complex issues requiring specialized investigative skills or resources, CST shall refer the allegations to the hiring authority for an Allegation Inquiry.
(2) CDCR Form 602-1, Grievances, (Rev. 01/22) for all facilities and parole regions statewide shall be screened by CST, and allegations of staff misconduct toward an inmate or parolee requiring specialized investigative skills or resources as described in subsection 3486(c)(21), shall be referred to AIU (formerly known as AIMS) for an allegation inquiry.
(3) CDCR Form 602-1, Grievances for all facilities and parole regions statewide shall be screened by CST, and allegations of staff misconduct toward an inmate or parolee not requiring specialized investigative skills or resources as described in subsection 3486(c)(21), will be referred to the Hiring Authority for assignment to an LDI for an allegation inquiry, unless CST refers to AIU (formerly known as AIMS) for an allegation inquiry.
(6) For CDCR Form 602-HC, Health Care Grievances, (Rev. 10/18); CDCR Form 1824, Reasonable Accommodation Requests, (Rev. 09/17); and all Third Party Complaints (e.g., citizen complaints, staff, ombudsman, advocacy letters and any related interviews, etc.) that contains an allegation of staff misconduct towards an Armstrong Class Member at the Richard J Donovan Correctional Facility, and disabled inmates as defined in section 3486(b)(13) at the following institutions, shall be reviewed by the institution and if the complaint contains an allegation of staff misconduct toward an inmate or parolee, the institution shall refer the complaint to CST for screening and disposition as set forth in subsections 3486.1(h) and 3486.2(c)(4):
(8) Beginning on March 1, 2023, allegations of staff misconduct toward an inmate or parolee from all institutions and parole regions, contained in a CDCR Form 602-1, requiring specialized investigative skills or resources as described in subsection 3486(c)(21), shall be referred to AIU for investigation as set forth in subsection 3486.2(b).
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW; Madrid v. Woodford, Special Masters Final Report Re: Department of Corrections Post Powers Investigations and Employee Discipline; Case No. C90-3094-T.E.H; Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.
History
1. New article 1.5 (sections 3486.01-3486.3) and section filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day. For prior history of section 3486, see Register 2021, No. 41.
2. New article 1.5 (sections 3486.01-3486.3) and section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including redesignation and amendment of former section 3486.01 as section 3486, transmitted to OAL 9-9-2022 and filed 10-20-2022 (Register 2022, No. 42). Effective on filing based on good cause pursuant to Government Code section 11343.4(b)(3). For prior history of section 3486, see Register 2022, No. 1.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 15, § 3486, 15 CA ADC § 3486
End of Document |