§ 3486.1. Centralized Screening.
15 CA ADC § 3486.1Barclays 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 § 3486.1
§ 3486.1. Centralized Screening.
(a) If departmental staff receives a written complaint from a complainant alleging staff misconduct toward an inmate or parolee, the department staff receiving the complaint shall refer the complaint to CST and notify their supervisor to determine if it contains information constituting an imminent risk to personal safety, institutional security, or involves sexual abuse or acts of sexual misconduct as defined by the federal Prison Rape Elimination Act (PREA) and the California Sexual Abuse in Detention Elimination Act.
(1) Department staff shall document in writing any verbal complaints received that involve an allegation that an inmate or parolee was subject to unnecessary or excessive use of force, staff-on-offender sexual misconduct, or sexual harassment. The departmental staff receiving the complaint shall refer the complaint to CST, and immediately forward the complaint to their hiring authority. If the subject of the complaint is a hiring authority, the allegation shall be referred to the hiring authority's supervisor.
(f) Assigned CST staff shall review each document received to determine if it contains information constituting an imminent risk to personal safety, institutional security, or involves sexual abuse or acts of sexual misconduct as defined by the federal Prison Rape Elimination Act (PREA) and the California Sexual Abuse in Detention Elimination Act. In those instances, CST shall immediately notify the hiring authority of the affected institution or program for appropriate action.
(h) When an allegation of staff misconduct toward an inmate or parolee is identified by CST, CST shall make a screening decision. If CST's screening decision is to refer the complaint to the hiring authority for an allegation inquiry, and the subject of the complaint is the hiring authority, CST shall refer the allegation(s) to the hiring authority's supervisor.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644 and 5054, Penal Code; 28 CFR Part 115, Code of Federal Regulations; 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 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.
2. New 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 amendments, 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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3486.1, 15 CA ADC § 3486.1
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