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§ 3044.1. Special Assignments.

15 CA ADC § 3044.1Barclays Official California Code of RegulationsEffective: April 11, 2024

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)
Article 3.4. Inmate Work and Privileges
Effective: April 11, 2024
15 CCR § 3044.1
§ 3044.1. Special Assignments.
Currentness
(a) Special assignments include:
(1) The positions of chairperson and secretary of an institution's inmate advisory council may qualify as a full-time assignment to Work Group A-1.
(2) Assignment to an approved full time pre-release program shall qualify as a full-time assignment to Work Group A-1.
(3) Any Rehabilitative Program managed by the Division of Rehabilitative Programs (DRP), as defined in section 3000, assignment shall qualify as a full-time assignment to Work Group A-1.
(b) Short Term Medical or Psychiatric Inpatient Hospitalization (29 calendar days or less). Inmates determined by medical or mental health staff to need short-term inpatient care shall retain their existing credit earning category. Inmates requiring longer periods of inpatient care shall be referred by the attending physician or mental health clinician to a classification committee for review. The classification committee shall confirm the inmate's unassigned inpatient category and change the inmate's work or training group status as follows:
(1) A general population inmate shall be assigned to Work Group A-2, effective the thirtieth calendar day of unassignment, unless the inmate is assigned to Work Group C or Work Group M in accordance with sections 3044(b)(4) or 3044(b)(8).
(2) An inmate who is assigned to Work Group A-1, Work Group B, Work Group F, or Work Group M and placed in a Restricted Housing Unit (RHU) shall be assigned to Work Group D-1, effective the first day of placement into a RHU, unless the inmate is assigned to Work Group D-2, Work Group F, or Work Group M in accordance with sections 3044(b)(6), 3044(b)(7)(D), 3044(b)(7)(E), 3044(b)(8)(E), or 3044(b)(8)(F).
(3) Restricted housing inmates assigned to Work Group D-1 or D-2 shall retain their work group status.
(c) Long-Term Medical or Psychiatric Unassigned Status. In cases where the health condition necessitates that the inmate becomes medically unassigned for 30 calendar days or more, the physician or mental health clinician shall specify an anticipated date the inmate may return to work. The classification committee shall review the inmate's medical or psychiatric unassigned status and change the inmate's work group status as follows:
(1) An inmate in the general population shall be re-assigned to Work Group A-2, involuntary unassigned, effective the thirtieth calendar day of un-assignment, unless the inmate is assigned to Work Group C or Work Group M in accordance with sections 3044(b)(4) or 3044(b)(8).
(2) An inmate who is assigned to Work Group A-1, Work Group B, Work Group F, or Work Group M and placed in a RHU shall be re-assigned to Work Group D-1, effective the first day of placement into a RHU, unless the inmate is assigned to Work Group D-2, Work Group F, or Work Group M in accordance with sections 3044(b)(6), 3044(b)(7)(D), 3044(b)(7)(E), 3044(b)(8)(E), or 3044(b)(8)(F).
(3) An inmate in a RHU who is assigned to Work Group D-1 or D-2 shall be retained in their respective work group.
(d) Medical or mental health care status determination:
(1) When an inmate has a disability that limits their ability to participate in a work, academic, Career Technical Education program or other such program, medical or mental health staff shall document the nature, severity, and expected duration of the inmate's limitations on a CDC Form 128-C (Rev. 1/96), Medical, Psychiatric, Dental (Chrono). The medical or mental health staff shall not make program assignment recommendations or decisions on the form. The CDC Form 128-C shall then be forwarded to the inmate's assigned correctional counselor who shall refer the inmate to a classification committee for review. The classification committee shall have sole responsibility for making program assignment and work group status decisions. Based on the information on the CDC Form 128-C and working in conjunction with staff from the affected work area, academic program, Career Technical Education program, and the Inmate Assignment Lieutenant, the classification committee shall evaluate the inmate's ability to participate in work, academic, Career Technical Education program, or other programs and make a determination of the inmate's program assignment and work group status.
(2) Only when the inmate's documented limitations are such that the inmate, even with reasonable accommodation, is unable to perform the essential functions of any work, academic, Career Technical Education or other such program, will the inmate be placed in one of the two following categories by a classification committee:
(A) Temporary medical or psychiatric unassignment. Except as provided in section 3044.1(e)(2)(A), when a disabled inmate is unable to participate in any work, academic, Career Technical Education program or other program, even with reasonable accommodation, because of a medically determinable physical or mental impairment that is expected to last for less than six months, the classification committee shall place the inmate on temporary medical or psychiatric unassignment. An inmate on temporary medical or psychiatric unassignment status shall be scheduled for classification review any time there is a change in their physical or mental impairment, or no less than every six months for reevaluation. The work group status of an inmate on temporary medical or psychiatric unassignment for less than six months shall be in accordance with section 3044(b)(2), Work Group A-2, unless the inmate is assigned Work Group M in accordance with section 3044(b)(8). If the inmate's condition lasts six months and the classification committee still cannot assign the inmate due to their impairment, the work group status shall be changed to be in accordance with subsection 3044(b)(1), Work Group A---1 and appropriate privilege group retroactive to the first day of the temporary medical or psychiatric unassignment, unless the inmate is assigned Work Group M in accordance with subsection 3044(b)(8).
(B) Medically disabled. When an inmate is unable to participate in any assigned work, academic, Career Technical Education program, or other such program activity, even with reasonable accommodation, because of a medically determinable physical or mental impairment that is expected to result in death or last six months or more, the classification committee shall place the inmate on medically disabled status. The inmate work group status shall be in accordance with section 3044(b)(1), Work Group A-1 and Privilege Group A, unless the inmate is assigned Work Group M in accordance with subsection 3044(b)(8).
(e) Medical or psychiatric special assignments:
(1) Light duty: Inmates determined to have long-term medical or psychiatric work limitations shall be processed in the following manner:
(A) A medical or mental health evaluation of the inmate shall be made to determine the extent of disability and to delineate capacity to perform work and training programs for either a full or partial workday. If the inmate is deemed capable of only a partial work program, full credit shall be awarded for participation in such a program.
(B) A classification committee shall review the evaluation and determine the inmate's assignment.
1. A committee concurring with an evaluation's light duty recommendation shall refer the matter to the facility's assignment office which shall attempt to provide an assignment within the inmate's capabilities. Inmates assigned to such light duty shall be scheduled for semi-annual review.
2. A committee disagreeing with an evaluation's light duty recommendation shall refer the matter back to the medical or mental health department, describing the difference of opinion or rationale for requesting a second evaluation. If the committee disagrees with the second evaluation it shall refer the matter to the institution classification committee for final determination.
(2) Short-term medical or psychiatric lay-in or unassignment. Inmates who are ill or otherwise require a medical or psychiatric lay-in, or unassignment for 29 calendar days or less, shall be processed in the following manner:
(A) Only designated medical or mental health staff are authorized to approve such lay-ins and unassignments. Reasons for the approval and the expected date of return to their regular assignment shall be documented by the medical or mental health staff making the decision.
(B) Inmates shall notify their work or training supervisor of their lay-in or unassignment status. The work or training supervisor shall record each day of the inmate's approved absence as an “E”.
(C) Medical or mental health staff determining an inmate should continue on lay-in or unassigned status for more than 29 calendar days shall refer the case to a classification committee for review.
(D) The inmate shall continue to use ETO time while on short-term medical or psychiatric lay-in or unassigned status.
(f) On-the-job injuries. The chief medical officer shall document inmate injuries occurring on the job. With the exception of inmates assigned to Work Group F, such injured inmates shall retain their existing work group status until medically approved to return to their work assignment. Inmates assigned to Work Group F shall revert to Work Group A-1 in accordance with section 3044(b)(1) or Work Group M in accordance with section 3044(b)(8) effective on the date the chief medical officer determines the on-the-job injury excludes the inmate from conservation camp placement or from placement as a firefighter at a California Department of Corrections and Rehabilitation firehouse, providing the chief medical officer's exclusion determination is within 29 calendar days following the date of the inmate's removal from the conservation camp or firehouse firefighter assignment. If the chief medical officer's exclusion determination is not within 29 calendar days following the date of the inmate's removal from the conservation camp or firehouse firefighter assignment, the inmate shall revert to Work Group A-1 in accordance with section 3044(b)(1) or Work Group M in accordance with section 3044(b)(8) effective the 30th calendar day following the date of the inmate's removal from the conservation camp or firehouse firefighter assignment.
(g) Medical or psychiatric treatment categories “H”, “I”, and “N”. An inmate assigned to category “H”, “I”, or “N” is not capable of performing a work or training assignment and shall, except where otherwise prohibited by law, be assigned to Work Group A-1, unless the inmate is assigned Work Group M in accordance with section 3044(b)(8).
(h) Department of State Hospitals Placements. An inmate transferred to the Department of State Hospitals pursuant to sections 1364, 2684, or 2690 of the Penal Code shall be assigned to a work group as provided in section 3043.8(b).

Credits

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code.
History
1. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(A)-(B), filed 4-28-2021 as an emergency; operative 5-1-2021 (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 2-7-2022 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2021, No. 36).
3. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(B), refiled 12-28-2021 as an emergency; operative 12-28-2021 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 3 (Register 2022, No. 13).
5. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(B), refiled 3-28-2022 as an emergency; operative 3-29-2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
6. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(b), 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.
7. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8-8-2022 (Register 2022, No. 32).
8. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8-31-2022 (Register 2022, No. 35).
9. Amendment of subsections (b)(2)-(3) and (c)(2)-(3) 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.
10. Amendment of subsections (b)(2)-(3) and (c)(2)-(3) 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 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3044.1, 15 CA ADC § 3044.1
End of Document