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§ 3269. Inmate Housing Assignments.

15 CA ADC § 3269Barclays 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)
Subchapter 4. General Institution Regulations
Article 1.6. Inmate Housing
Effective: April 11, 2024
15 CCR § 3269
§ 3269. Inmate Housing Assignments.
(a) Inmates shall accept Inmate Housing Assignments (IHAs) as directed by staff. All inmates shall be assigned to double-cell housing, except as provided in section 3269(e), whether being housed in a Reception Center, General Population (GP), Sensitive Needs Yard (SNY), Non-Designated Programming Facility (NDPF), Restricted Housing Unit (RHU), or specialty housing unit. If staff determines an inmate is suitable for double-cell housing, based on the criteria as set forth in this section, the inmate shall accept the housing assignment or be subject to disciplinary action. IHAs shall be made based on available documentation and individual case factors. Although inmates may request a housing assignment, they are not entitled to single-cell housing, a housing location of choice, or a cellmate of their choice.
(b) Upon arrival at an institution, facility, or Reception Center, a designated screening authority shall screen an inmate for an appropriate housing assignment in a private setting. The screening authority reviewing and approving an inmate's housing assignment shall evaluate all factors to be considered when completing the Initial Housing Review (IHR), including but not limited to:
(1) Inmate name, CDCR number, and Personal Identification number.
(2) Personal factors such as race, date of birth, age, weight, height, birth place, and whether the inmate is a foreign national.
(3) Receiving institution.
(4) County of commitment.
(5) Out to court return and escape history.
(6) Length of sentence.
(7) Enemies, safety, and victimization concerns.
(8) Criminal influence demonstrated over other inmates.
(9) Previous housing status.
(10) Reason(s) for prior restricted housing.
(11) History of “S” suffix determination pursuant to subsection 3377.1(c).
(12) History of in-cell assaults or violence.
(13) Security Threat Group affiliation.
(14) Involvement in any race-based incident.
(15) Nature of commitment offense.
(16) Documented reports from prior cellmate(s) that the inmate intimidated, threatened, forced, or harassed them for sex.
(17) Documentation that any cellmate refused to return to a cell occupied by the inmate because of fear, threats, or abuse perpetrated by the inmate.
(18) Documentation that the inmate has been the victim of a physical or sexual assault.
(19) Adjudicated Rules Violation Reports (RVR) where the inmate was found guilty as a perpetrator in an act of physical or sexual abuse against a cellmate.
(c) Utilizing the department's electronic database, the Strategic Offender Management System (SOMS), the screening authority shall complete the IHR, and indicate whether the inmate is suitable for dorm or cell housing, with or without special restrictions. Restrictions are any case factor; including court ordered housing placement factors, which may limit the inmate's housing placement options. Staff shall ensure that the housing policies for special category inmates covered under court ordered housing remain in place during their housing assignment. The IHR includes the following SOMS input fields:
(1) Security issues including RHU and Restricted Custody General Population placement.
(2) Request for Protective Custody.
(3) Request for SNY Designation.
(4) Medical, developmental or cognitive impairment, or mental health concerns.
(5) Personal factors such as age, weight, and height.
(6) Integrated Housing Code.
(d) Upon placement in a RHU, inmates shall be screened for an appropriate cell assignment using the same criteria as inmates being screened for housing in the general population.
(1) The reason for RHU placement shall be taken into consideration.
(2) Based on available information and the inmate interview, the screening authority shall determine if the inmate is suitable for single or double-celled housing and shall complete a CDC Form 114-A1 (Rev. 11/23), Inmate Restricted Housing Profile. Unless approved for single cell assignment, an inmate in RHU is expected to share a cell with another inmate.
(e) Single-cell status shall be considered for inmates who demonstrate a history of in-cell abuse, significant in-cell violence towards a cellmate, predatory behavior towards a cellmate, or who have been victimized in-cell by another inmate. Staff shall consider the inmate's pattern of behavior, not just an isolated incident. An act of mutual combat does not warrant single-cell status. Factors that must be considered when evaluating single-cell status include:
(1) Predatory behavior characterized by repeated attempts to physically or sexually abuse another inmate.
(2) Documented and verified instances of being a victim of in-cell physical or sexual abuse by another inmate.
(f) If the screening authority determines that single-cell designation is appropriate, the inmate's case factors shall be reviewed by a classification committee for determination of appropriate housing and designation for an “S” suffix. A classification committee may consider whether an inmate with single-cell designation subsequently proves capable of being double-celled.
(g) In cases where single-cell status is recommended by clinical staff due to mental health, developmental or cognitive impairment, or medical concerns, a classification committee shall make the final determination of an inmate's cell assignment. The classification committee shall consider the clinical recommendations made by the evaluating clinician with assistance from the clinician who participates in the committee and review the inmate's case factors when determining the housing assignment. Single-cell status based on a clinical recommendation is usually a temporary short-term measure and shall be reviewed periodically, including at an inmate's annual review and more frequently at the inmate's or clinician's request.
(h) Transgender inmates and inmates having symptoms of gender dysphoria as identified and documented in SOMS by medical or mental health personnel within a CDCR institution shall be referred to a classification committee for a determination of appropriate housing at a designated institution, pursuant to Article 10 of Subchapter 4.
(i) If an inmate refuses a housing assignment, the inmate shall be subject to the disciplinary process. Refusal to accept a housing assignment shall result in the issuance of a RVR for Conduct, subsection 3005(c), Refusing to Accept Assigned Housing, for the Specific Act of Willfully Resisting, Delaying, or Obstructing any Peace Officer in the performance of Duty (subsection 3323(f)(6)). Subsequent refusals shall result in additional disciplinary action.

Credits

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Quine v. Beard, No. C 14-02726 JST.
History
1. New section filed 3-18-2008 as an emergency; operative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-18-2008 order, including amendment of subsection (f), transmitted to OAL 8-18-2008 and filed 9-15-2008 (Register 2008, No. 38).
3. Change without regulatory effect amending subsection (a) filed 3-28-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 13).
4. Amendment of subsections (a)-(b) filed 6-2-2014; operative 6-2-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 23).
5. Amendment of subsection (a) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
6. Amendment of subsection (g) 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.
7. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12-3-2015 (Register 2015, No. 49).
8. New subsection (g), subsection relettering and amendment of Note filed 4-17-2017 as an emergency; operative 4-28-2017 (Register 2017, No. 16). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-5-2017 or emergency language will be repealed by operation of law on the following day.
9. New subsection (g), subsection relettering and amendment of Note refiled 10-4-2017 as an emergency; operative 10-6-2017 (Register 2017, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 1-4-2018 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (b) 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 3-19-2017 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction restoring inadvertently omitted History 9 and adding History 10 (Register 2017, No. 42).
12. New subsection (g), subsection relettering and amendment of Note refiled 1-2-2018 as an emergency; operative 1-5-2018 (Register 2018, No. 1). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-5-2018 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (b) 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.
14. Certificate of Compliance as to 1-2-2018 order transmitted to OAL 4-4-2018 and filed 5-15-2018 (Register 2018, No. 20).
15. Editorial correction of subsection (b) (Register 2018, No. 26).
16. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10-3-2018 (Register 2018, No. 40).
17. Amendment filed 11-14-2022; operative 11-14-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).
18. Amendment of subsections (a), (b)(10), (c)(1) and (d)-(d)(2) 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.
19. Amendment of subsections (a), (a)(10), (c)(1) and (d)-(d)(2) 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, § 3269, 15 CA ADC § 3269
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