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§ 3000. Definitions.

15 CA ADC § 3000BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs
Article 1. Behavior (Refs & Annos)
15 CCR § 3000
§ 3000. Definitions.
The following are definitions of terms as used in these regulations:
Accessory means a person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that the principal may avoid punishment, and has knowledge that said principal committed the felony.
Administrative Officer of the Day (AOD) means an administrative staff member possessing managerial or supervisory experience and authority to make decisions in the absence of an Institution Head or Region Parole Administrator.
Administrative Security Housing Unit (SHU) Term means a determination of the need for retention of any inmate in the SHU by the Department Review Board that: 1) upon completion of a determinate SHU term when overwhelming evidence exists supporting an immediate threat to institutional security and/or safety of others and a substantial justification has been articulated of the need for SHU placement; or 2) the inmate has a substantial disciplinary history consisting of no less than three SHU terms within the past five years demonstrating an on-going threat to safety and security of the institution and/or others and less restrictive housing is not appropriate; or 3) for the inmate who is currently serving an administrative SHU term and continued retention is required because the inmate's case factors are such that overwhelming evidence exists supporting an immediate threat to the security of the institution or safety of others and substantial justification has been articulated of the need for continued SHU placement; or the inmate has a substantial disciplinary history consisting of no less than three SHU terms within the past five years and substantial justification has been articulated for the need for continued SHU placement due to the inmate's ongoing threat to the safety and security of the institution and/or others, and the inmate cannot be housed in a less restrictive environment.
Adverse Witness means a person who has given or will give information against a prisoner or parolee. For the purpose of conducting parole revocation hearings, adverse witness means a person whose expected testimony supports the violation charged.
Affiliate means individual offenders validated as members or associates, who are connected or interact with a certified or recognized Security Threat Group.
Aggravated battery by means of gassing is defined as gassing committed upon a non-inmate by a person confined in a state prison.
Air Scan Search means when a departmental canine is instructed to “scan” or sniff the air in an attempt to detect the odor of drugs, tobacco, or cell phones on a person or within specific articles of property. The canine handler will allow the dog to move freely past individuals and objects. Should the canine detect the odor of any drugs, tobacco, or cell phones the canine will display a positive canine alert.
Alternative Custody Program (ACP) means a voluntary program that allows eligible inmates committed to state prison to serve their sentence in the community in lieu of confinement in state prison.
Alternative Custody Program Participant means any offender who is approved for and placed in the Alternative Custody Program as defined in this section.
Architectural and Engineering Services means those services procured outside of the State's Civil Service procedures and which are rendered by an architect or engineer, but may include ancillary services logically or justifiably performed in connection therewith.
Arrest means the taking of a person into custody, in a case and in a manner authorized by law.
Asylum State means the state other than California in which a parolee-at-large is in custody.
Attempted Escape means an unsuccessful effort to breach a secured perimeter or the use of force against a person to attempt access into an unauthorized area. Some progress toward implementing an escape must be made to implement a plan. This includes, but is not limited to the following overt acts: acquiring unauthorized clothing or identification, preparing a hiding place in an unauthorized area, lying in wait for a potential hostage, attempting access to a perimeter that was unsupervised, unlawfully obtaining tools to aid in an escape, manufacturing a likeness of a person in order to substitute for the inmate's presence, or receiving assistance from other conspirators who acted upon an escape plan, e.g. a plan to escape uncovered from verbal, telephone or mail communication.
Automated Needs Assessment Tool means a systematic process which consists of a series of questions and a review of the inmate's criminal data in order to establish a baseline for the offender's criminogenic needs to assist in determining appropriate placement in a Rehabilitative Program.
Board of Parole Hearings (BPH or board) means the State agency responsible for conducting parole consideration hearings for inmates sentenced to life terms with the possibility of parole and inmates sentenced to determinate terms but who have been deemed eligible for parole consideration hearings pursuant to statute or court order. The board also conducts parole reconsideration hearings for inmates returned to CDCR custody pursuant to Penal Code (PC) sections 3000(b)(4) or 3000.1. In addition, the board conducts hearings pursuant to PC section 3550, Mentally Disordered Offender hearings, and Sexually Violent Predator screenings, among many other functions.
California Agency Parolee means a person released from department facility to parole supervision in a California community who subsequently is within the custody of any California agency, or subdivision thereof, except the department.
California Agency Prisoner means a prisoner who has been transferred from the custody of the department to the custody of any other California agency or subdivision thereof.
California Concurrent Parolee means a person on parole for a California sentence and a sentence of another jurisdiction who is being supervised in a California community pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
California Interstate Cooperative Parolee means a person on parole for a California sentence who is under parole supervision in a state other than California pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179) and the Interstate Compact for Adult Offender Supervision (PC sections 11180-11181).
California Law Enforcement Telecommunications System (CLETS) means a statewide telecommunications system for the use of law enforcement agencies maintained by the California Department of Justice.
California Out-of-State Correctional Facility (COCF). The COCF is a program through which male CDCR inmates are transferred to out-of-state correctional facilities that have contracted with the CDCR to provide housing, security, health care and rehabilitative programming services to CDCR inmates.
California Parole Apprehension Team (CPAT) means a Division of Adult Parole Operations (DAPO) team that is responsible for the apprehension of parolees who have absconded parole supervision or pose a threat to public safety.
California Parole Supervision Reintegration Model (CPSRM) means a supervision model that employs evidence-based practices that enhance public safety through long-term positive behavioral change.
CalParole means a centralized statewide parolee information data system that was deactivated December 7, 2015 and replaced by the Strategic Offender Management System.
Canine means a dog that is trained specifically to assist CDCR personnel. Departmental canines are primarily responsible for searching for illegal drugs, tobacco, and cell phones. The department's most commonly used breeds are Labrador Retrievers, German Shepherds, and Belgian Malinois; however, Beagles and German Shorthaired Pointers may also be used. Any intentional injury of a departmental canine will be prosecuted as described in Penal Code section 600.
Canine Handler means a departmental Peace Officer trained in the handling, care, instruction, and use of a departmental canine, including recognition of the canine's alert to the odor of items the canine is trained to detect.
Case Conference means a documented communication between the parole agent and the parole unit supervisor concerning a parolee (i.e., placing a parole hold).
Case Conference Review means a documented review of the progress made in the Case Plan and the effectiveness of the current plan to determine necessary modifications. It will also include a review to determine if the parole supervision/case management expectations have been met.
Case records file means the file which contains the information concerning an inmate which is compiled by the department pursuant to Penal Code Section 2081.5 and includes such components as the central file, education file, visiting file and parole field file.
Central File (C-File) means a master file maintained by the department containing records regarding each person committed to its jurisdiction.
Central Office Calendar means the calendar which is composed of administrative hearing officers as designated by the deputy director, parole hearings division. They are authorized to make decisions regarding matters reported to the parole hearings division, including the decision to order a hearing scheduled.
Central Office Hearing Coordinator means the parole hearings division employee at headquarters who is responsible for hearing schedules, attorney appointments, and other hearing-related services.
Certification means documentary evidence that a business concern has been certified as a Disabled Veteran Business Enterprise pursuant to Military and Veterans Code section 999 from an agency that has been authorized by law to issue such certification.
Chaplain is a staff member, including a Native American Spiritual Leader, who provides religious care and counseling to inmates, affords inmates reasonable opportunities to practice the religious beliefs of their choice, and organizes, coordinates, and manages various religious group activities.
Child means a person under the age of 18 years.
Chronological History means a CDC Form 112 (Rev. 9/83), Chronological History, prepared for each inmate, upon which significant dates and commitment information affecting the inmate are logged.
Classification and Parole Representative (C&PR) means the department employee designated at each institution to be that institution's liaison with releasing boards and parole staff.
Classification Staff Representative (CSR) means a departmental employee designated to represent the Director in the classification process during the review, approval, or deferral of actions by institution classification committees, including but not limited to inmate transfers, inmate special housing program placements/retention, and custody designations. Any Correctional Counselor (CC) III may be designated to perform the duties of a CSR.
Clean Conduct Credit means a combination of months, followed by days which represent credits that shall be applied to the maximum determinate SHU term, as long as the inmate remains free of any subsequent serious misconduct through the MERD. Clean conduct credit is calculated as one-half or 50% of the assessed SHU term.
Cognitive Behavioral Interventions (CBI) are evidence based interventions which help inmates understand the thoughts and feelings that influence behaviors. CBI are generally short-term and focused on helping inmates deal with a specific problem. During the course of treatment, inmates learn how to identify and change thought patterns which have a negative influence on behavior.
Collateral Contact means any communication between a Division of Adult Parole Operations staff and another person concerning a parolee.
Concurrent Parolee means a person on parole for a California sentence and a sentence of another jurisdiction who is being supervised in a state other than California pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
Conditions of Parole mean the specific conditions under which a prisoner is released to parole supervision.
Confinement to Quarters (CTQ) means an authorized disciplinary hearing action whereby an inmate is restricted to their assigned quarters for a period not to exceed five days for administrative rule violations and ten days for serious rule violations.
Confirmed Security Threat Group (STG) Behavior means behavior with a nexus to an STG which is discovered and confirmed to have occurred. Confirmation can be obtained through either a guilty finding in a STG related Rules Violations Report and/or any document that clearly describes the STG behavior incorporated within the validation package which is affirmed by an STG Unit Classification Committee.
Contraband means anything which is not permitted, in excess of the maximum quantity permitted, or received or obtained from an unauthorized source.
Controlled Substance means any substance, drug, narcotic, opiate, hallucinogen, depressant, or stimulant as defined by California Health and Safety Code section 11007. Also included are prescribed medications containing any of the substances identified in the H&SC section above.
Cooperative Parolee means a person under supervision according to the provisions of the Interstate Compact for Adult Offender Supervision.
Correctional Intelligence Task Force (CITF) means an intelligence unit that aids in the apprehension of parolees-at-large through increased investigation.
Course of Conduct means two or more acts over a period of time, however short, evidencing a continuity of purpose.
Court Order means a custody determination decree, judgment, or order issued by a court of competent jurisdiction, whether permanent or temporary, initial or modified, that affects the custody or visitation of a child, when issued in the context of a custody proceeding. An order, once made, shall continue in effect until it expires, is modified, is rescinded, or terminates by operation of law.
Criminal Identification and Investigation (CI&I) Report means the report defined by Penal Code section 11105, commonly referred to as “Rap Sheet”.
Criminogenic Need means an attribute of the inmate that is directly linked to criminal behavior.
Cumulative Case Summary means the cumulative summary of specific portions of the record maintained by the department regarding each prisoner from reception to discharge.
Custody of the department means the inmate is in the physical custody of the department. The inmate would be considered out of the custody of the department when; out-to-court and housed in a County or Federal facility, escaped and not returned to departmental custody, in a non-departmental mental health facility, and in a medical facility under non-departmental supervision.
Dangerous contraband means materials or substances that could be used to facilitate a crime or could be used to aid an escape or that have been altered from their original manufactured state or purpose and which could be fashioned into a weapon. Examples would include, but not be limited to, metal, plastic, wood, or wire. Also included are: sharpened objects such as scissors or other tools not authorized to be in the inmate's possession, as well as poison, caustic substances, flame producing devices (i.e. matches or lighters) or cellular telephones or wireless communication devices capable of making or receiving wireless communications.
Deadly weapon means any weapon identified in Penal Code section 4502. Any item or substance not readily identified as a weapon becomes a deadly weapon when used in a manner that could reasonably result in serious bodily injury or death.
Debrief Processing Unit (DPU) is the centralized location/living unit where inmates who have chosen to disassociate from their Security Threat Group, will be housed to complete Phase One of the Debrief Process.
Debriefing is the formal process by which a Security Threat Group (STG) coordinator/investigator determines whether an offender has abandoned STG affiliation and dropped out of a STG. A subject shall only be debriefed upon their request, although staff may ask if he or she wants to debrief.
Department means the California Department of Corrections and Rehabilitation.
Deputy Regional Parole Administrator means the department's administrator within a Division of Adult Parole Operations region.
Detainer means a written document received from an official representing a district attorney office, court, or correctional or law enforcement agent which indicates that an inmate is wanted by that office and the basis for the detainer.
Determinate Sentencing Law (DSL) Prisoner means a person sentenced to prison under Penal Code section 1170 for a crime committed on or after July 1, 1977.
Direct and Constant Supervision means an inmate shall be monitored and observed by CDCR staff, either custody staff or work supervisor as indicated in these regulations, sufficiently to account for the specific whereabouts of the inmate at all times.
Direct Link means any connection between a subject and any person who has been validated as an STG affiliate. This connection does not need to be independently indicative of STG association beyond the requirements for validation source items listed in Title 15, Section 3378.
Disabled Veteran Business Enterprise (DVBE) means a business concern as defined in Military and Veterans Code section 999.
Disabled Veteran Business Enterprise focus paper means a publication that meets all of the following criteria: (1) has an orientation relating to the disabled veteran business enterprise; (2) is known and utilized by members of the disabled veteran business enterprise community; (3) primarily offers articles, editorials (if any), and advertisements of business opportunities aimed at disabled veteran business enterprises; and (4) is readily available within the geographical area for which the advertisement is placed and for which the services are to be performed.
Disabled Veteran Business Enterprise focus paper and trade paper means a publication that meets all of the criteria of a disabled veteran business enterprise focus paper and all of the criteria of a trade paper.
Disciplinary Detention means a temporary housing status which confines inmates so assigned to designated rooms or cells for prescribed periods of time as punishment for serious rule violations.
Disciplinary Free means without any finding of guilt of a disciplinary infraction filed on a Rules Violation Report, classified as either administrative or serious.
Disciplinary Free Period means the period that commences immediately following the date and time an inmate is identified (date of discovery of information leading to the charge) as committing a rules violation classified as serious.
Disruptive Behavior means behavior which might disrupt orderly operations within the institutions, which could lead to violence or disorder, or otherwise endangers facility, outside community or another person as defined in sections 3004(b), 3005(a) and 3023(a).
Disruptive Group 1 - means any gang, other than a prison gang.
Distribution means the sale or unlawful dispersing, by an inmate or parolee, of any controlled substance; or the solicitation of or conspiring with others in arranging for, the introduction of controlled substances into any institution, camp, contract health facility, or community correctional facility for the purpose of sales or distribution.
District Administrator means the department's administrator of a Division of Adult Parole Operations unit, district, or geographical area.
Dropout means a validated affiliate who has cooperated in and successfully completed Phase One and Two of the debriefing process.
Drug paraphernalia means any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming into the human body a controlled substance as identified in Health and Safety Code section 11007.
Drugs means substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, and as defined in Health and Safety Code section 11014.
Effective communication means providing the inmates, to the extent possible or as required by federal law, the communication assistance necessary to allow them to understand and participate in programs, services and activities. For inmates with disabilities, staff may provide assistive devices or other methods of accommodation. For inmates with other communications needs (including Limited English Proficiency (LEP)), staff are responsible for providing other forms of assistance. For due process events, staff are subject to additional requirements: If the inmate is LEP, has a verified disability or has a Test of Adult Basic Education (TABE) reading score of 4.0 or lower, the employee is also required to accurately identify the communication need, to document the provision of any assistance provided that is consistent with the inmate's communication need, and to document the method staff used to determine the inmate understood. In instances where a staff member cannot achieve effective communication, despite the provision of relevant accommodations or assistance, staff shall document their efforts and their inability to achieve effective communication and shall notify the facility's ADA/LEP Coordinator.
Electronic Communication means any transfer of signs, signals, writings, images, sound, data or intelligence of any nature, transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system.
Electronic Records Management Systems (ERMS) is a document management system operating alongside the Strategic Offender Management System (SOMS) that provides a digitally scanned and uploaded central records repository.
Escape History refers to any reliable information or inmate self-admission in the central file to an escape, attempted escape, walkaway, or plan to escape. The available information describing the circumstances of the escape or attempted escape shall be evaluated in determining the level of risk to correctional safety and security posed by the inmate.
Examinee means a person who voluntarily takes a polygraph examination.
Exceptional Circumstances means circumstances beyond the control of the department or the inmate that prevent the inmate or requested witnesses from participating in the disciplinary hearing within established time limitations. Examples of this as applied to an inmate would include a serious temporary mental or physical impairment verified in writing by a licensed clinical social worker, licensed psychologist, psychiatrist, or physician. Some examples of exceptional circumstances preventing staff witnesses, to include the reporting employee, from attending the disciplinary hearing would be extended sick leave, bereavement leave, personal emergency, or extended military duty. Exceptional circumstances, as described above, would allow for suspension of time limitations pending resolution of the instances.
Ex-Offender means a person previously convicted of a felony in California or any other state, or convicted of an offense in another state which would have been a felony if committed in California.
Face-to-Face Contact means an in-person contact with a parolee, or an Alternative Custody Program Participant, by a CDCR parole agent.
Facility means any institution; community-access facility or community correctional facility; or any camp or other subfacility of an institution under the jurisdiction of the department.
Facility Security Perimeter is any combination of living unit, work area and recreation area perimeters that is set aside to routinely restrict inmate movement based on custody level. This perimeter will contract and expand depending upon the weather, lighting conditions and hours of operation.
Federal Consecutive Prisoner means a California prisoner who is also under sentence of the United States and is confined in a federal correctional facility, and whose California term shall commence upon completion of the United States' sentence.
Felony means a crime which is punishable with death or by imprisonment in the State prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of PC section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.
Field Contact means face-to-face contact by Division of Adult Parole Operations staff with a parolee away from the parole office or office parking area.
Firm means any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management.
Force, as applied to escape or attempted escape refers to physical contact or threat of physical harm against a person to enable or attempt the escape.
Frequent and Direct Supervision means that staff supervision of an inmate shall be sufficient to ensure that the inmate is present within the area permitted.
Friendly Witness means any witness who is not an adverse witness.
Gang means any ongoing formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, planning, organizing threatening, financing, soliciting, or committing unlawful acts, or acts of misconduct outside of the California Department of Corrections and Rehabilitation jurisdiction.
Gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or bodily fluids or bodily substances, or any mixture containing human excrement or bodily fluids or bodily substances, which results in actual contact with the person's skin or membranes.
Gender Dysphoria means distress caused by a conflict between a person's gender identity and the sex the person had or was identified as having at birth.
Gender Identity means a person's sense of identification as male, female, neither, or both.
General Chrono means a CDC Form 128-B (Rev. 4-74) which is used to document information about inmates and inmate behavior. Such information may include, but is not limited to, documentation of enemies, records of disciplinary or classification matters, pay reductions or inability to satisfactorily perform a job, refusal to comply with grooming standards, removal from a program, records of parole or social service matters.
General Conditions of Parole mean general rules regarding behavior required or prohibited during parole for all parolees.
Goal means a numerically expressed disabled veteran business enterprise objective as set out in Public Contract Code section 10115(c), that awarding departments and contractors are required to make efforts to achieve.
Good Cause means a finding based upon a preponderance of the evidence that there is a factual basis and good reason for the decision made.
Great bodily injury (GBI) means any bodily injury that creates a substantial risk of death.
Harassment means a willful course of conduct directed at a specific person, group, or entity which seriously alarms, annoys, or terrorizes that person, group, or entity and which serves no legitimate purpose.
Health Care Services has the same meaning as defined in section 3999.98.
Hearing Committee means a panel of three certified Senior Hearing Officers comprised of: one Correctional Lieutenant or Correctional Counselor II, one Facility/Correctional Captain or Correctional Counselor III, and one staff member at the level of Associate Warden or above, or any combination thereof.
High Control means the highest risk category of a person released to parole. High Control is also the term used for all non-Global Positioning System parolee-at-large cases assigned to the CPAT and CITF.
Hold means to retain an inmate or parolee, who is under the Secretary's jurisdiction, in custody at an institution or a local detention facility in response to the legal request of a law enforcement or correctional agency representative.
Immediate Family Members means legal spouse; registered domestic partner, natural parents; adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate's incarceration; step-parents or foster parents; grandparents; natural, step, or foster brothers or sisters; the inmate's natural and adoptive children; grandchildren; and legal stepchildren of the inmate. Aunts, uncles and cousins are not immediate family members unless a verified foster relationship exists.
Incarcerating Jurisdiction means the jurisdiction where an Interstate or Western Interstate Corrections Compact, federal contract, federal concurrent, or concurrent prisoner is incarcerated.
Indecent Exposure means every person who willfully and lewdly, either: exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, procures, counsels, or assists any person so to expose him or her self or take part in any model artist exhibition, or to make any other exhibition of him or her self to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts.
Indeterminate Sentence Law (ISL) means a person sentenced to prison for a crime committed on or before June 30, 1977, who would have been sentenced under Penal Code section 1170 if he/she had committed the crime on or after July 1, 1977.
Indigent Inmate means an inmate who has maintained an inmate trust account with twenty-five dollars ($25) or less for 30 consecutive days.
Inmate means a person under the jurisdiction of the Secretary and not paroled. Inmate and prisoner are synonymous terms.
Inmate Match means a one-on-one match of a citizen volunteer and an inmate who receives few or no visits to establish a relationship which encourages positive inmate behavior and programming.
Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.
Institution Head means a warden, regional parole administrator, or designated manager of a facility housing inmates.
Intake Control Unit (ICU) means a unit that schedules and coordinates weekly movement of CDCR new commitment inmates from the counties to the CDCR Reception Centers. The ICU is also a liaison between the counties and CDCR in the event that CDCR is unable to accept delivery of its new commitment inmates and payments are due to the counties.
Integrated Substance Use Disorder Treatment (ISUDT) is a comprehensive set of services involving substance use disorder screening, assessment, and medication assisted treatment; Cognitive Behavioral Interventions (CBI); community transitions; and supportive housing.
Interstate Commission for Adult Offender Supervision (ICAOS) means the commission that is responsible for overseeing California's participation in the Interstate Compact for Adult Offender Supervision. The rules promulgated by the ICAOS have the force and effect of statutory law and are binding in all member states pursuant to PC section 11180.
Interstate Compact for Adult Offender Supervision means the formal agreement between member states that seeks to promote public safety by systematically controlling the interstate movement of certain adult offenders. California's participation is authorized by PC section 11180.
Interstate Compact Unit means the DAPO unit which coordinates the functions of the ICAOS.
Interstate Cooperative Parolee means a person convicted and sentenced to prison in a state other than California but under parole supervision in California according to provisions of the Interstate Compact for Adult Offender Supervision.
Intoxicant not identified as a controlled substance means toluene or any bi-product i.e. paint thinners, paint, fingernail polish, lacquers, gasoline, kerosene, adhesives or other substance that markedly diminishes physical and/or mental control.
Joint Venture Employer (JVE) means any public entity, nonprofit or for profit entity, organization, or business which contracts with the director for the purpose of employing inmate labor.
Joint Venture Program (JVP) means a contract entered into between the director and any public entity, nonprofit or for profit entity, organization, or business for the purpose of employing inmate labor.
Kiosk means a small stand-alone device providing information and services on a computer screen.
Laboratory means any toxicological or forensic laboratory which has been recognized by the State, other certifying agency, or which is accepted by any local, county, or State prosecuting authority to provide evidence as to the presence of controlled substances in human body fluids or confirm that a substance is or contains any controlled substance.
Legal process means a writ, summons, warrant or mandate issued by a court.
Legal Status Sheet (LSS) means a CDC Form 188, Legal Status Summary, containing the commitment and release status of an inmate.
Lethal electrified fence is a high voltage fence installed for the lethal infliction of injury to escaping inmates.
Life Prisoner means a prisoner whose sentence includes a term of life.
Lockdown means the restriction of all inmates to their cells/dormitory beds encompassing no less than a Facility. True lockdowns are rare occasions, generally following very serious threats to institutional security and the safety of staff and inmates. The movement of any inmate to an assignment or resumption of any program would change the lockdown status of the program, returning the institution/facility to a diminished level of modified program or to normal program.
Lockout means any refusal by an employer to permit any group of five or more employees to work as a result of a dispute with such employees affecting wages, hours or other terms or conditions of employment of such employees.
Manuscript means any written, typed or printed articles of fiction and nonfiction; poems; essays; gags; plays; skits; paintings; sketches; drawings; or musical compositions created by an inmate.
Material Evidence means evidence which has a substantial bearing on matters in dispute and legitimate and effective influence on the decision of a case.
Medical Parolee means a person released from confinement pursuant to Penal Code section 3550.
Medically Necessary means health care services that are determined by the attending or primary medical, mental health, or dental care provider(s) to be needed to protect life, prevent significant illness or disability, or alleviate severe pain, and are supported by health outcome data or clinical evidence as being an effective health care service for the purpose intended or in the absence of available health outcome data is judged to be necessary and is supported by diagnostic information of specialty consultation.
Minimum Eligible Parole Date (MEPD) means the earliest date on which an Indeterminate Sentence Law or life prisoner may legally be released on parole.
Minimum Eligible Release Date (MERD) means a combination of months, followed by days which represent the minimum amount of time that must pass before a determinate SHU term expires. The MERD initially represents 50% or one-half of the maximum SHU term, as it incorporates 50% or one-half clean conduct credit, for eligible inmates. The MERD may be adjusted based upon subsequent serious misconduct.
Modified Program means the suspension or restriction of less than all inmate program activities and/or movement. A Modified Program may either occur independently in response to an incident or unusual occurrence or may occur as a facility transitions from a lockdown to regular programming. Imposed restrictions may fluctuate as circumstances dictate with the goal of resuming regular programming as soon as it is practical. Modified programming will last no longer than necessary to restore institutional safety and security or to investigate the triggering event, and shall not target a specific racial or ethnic group. For those inmates whose movement has been restricted, movement may be authorized on a case-by-case basis for essential or emergency services such as medical, dental, mental health or law library visits. The routine and/or temporary restrictions on inmate movement or yard activities, which do not last longer than 24 hours, are not considered a program modification.
Multijurisdiction Parolee means any concurrent, California concurrent, California agency, or cooperative parolee.
Multijurisdiction Prisoner means any federal contract, federal concurrent, federal consecutive, concurrent, consecutive, California agency, Interstate or Western Interstate Corrections Compact prisoner.
Native American Sweat Lodge Grounds are an outside area at an institution designated to be used for approved Native American religious group activities.
Non-Revocable Parole (NRP) is a form of unsupervised community release pursuant to the provisions of Penal Code section 3000.03, wherein the parolee is not subject to placement of a parole hold, revocation proceedings, or remedial sanctions.
Non-secure Facility means any of the following Departmental facilities: Minimum Support Facilities, Camps and Community Correctional Centers (i.e. Community Correctional Reentry Centers, Restitution Centers, Community Correctional Facilities, Drug Treatment Furlough, halfway back facilities, Community Reentry Programs, etc.); and comparable facilities in another law enforcement jurisdiction (i.e. county road camps, county detoxification center, etc.)
Notice Agent/Court Agent is the Division of Adult Parole Operations' primary revocation and Americans with Disabilities Act representative to the local court, sheriff's department, district attorneys, public defenders, and Department staff.
Offender means any inmate, ward, parolee, or other person currently under the jurisdiction of the CDCR.
Our Hold Only (OHO) means a parolee is in custody under a Penal Code section 3056 parole hold and has no other charges or detainers pending.
Out-to-Court means an inmate is temporarily removed from a facility to be brought before a court to be tried for an offense, to be examined by a grand jury or magistrate, or for any other court proceedings.
Outdoor Religious Grounds are an outside area at an institution designated to be used for any approved religious/spiritual group activities. Outdoor Religious Grounds does not include Native American Sweat Lodge Grounds, as defined in this section.
Parole Administrator means the Department's administrator of a Division of Adult Parole Operations headquarters unit, district, program or geographic location.
Parole Agent means an employee and his/her supervisors in the department who are assigned to supervise those persons released from incarceration to the supervision of the Division of Adult Parole Operations.
Parolee Field File means a file maintained by a parole unit office containing information about a parolee and his or her current parole.
Parole Hold means authorization by a departmental employee to hold a parolee in custody pursuant to section 3056 of the Penal Code.
Parole Violation means conduct by a parolee which violates the conditions of parole or otherwise provides good cause for the modification or revocation of parole.
Parole Violation Disposition Tracking System (PVDTS) means an electronic database utilized by Division of Adult Parole Operations field staff to track all remedial sanctions, warrant requests, and petitions to the local court for revocation of parole.
Parole Violation Extension means an extension of return-to-custody time for a parolee in revoked status.
Parole Violator means a parolee who is found to have violated parole and who may be returned to custody pursuant to Penal Code section 3057.
Parolee means an offender placed on supervised or non-revocable parole by the department.
Parolee-at-Large means an absconder from parole supervision, who is declared a fugitive by the parole authority suspending parole.
Polygraph Examination means the procedure by which a polygraph examiner renders an opinion as to the veracity of statements made by an examinee.
Polygraph Examiner means a person who purports to be able to determine the truthfulness of statements through the use of a polygraph instrument.
Positive Canine Alert means a change in behavior that departmental canines are trained to perform when they detect the odor of marijuana, heroin, cocaine, methamphetamine, tobacco, and cell phones. This change in behavior alerts the handler the canine has detected the odor of drugs, tobacco, or cell phones. Passive canines are trained to perform signals including but not limited to sitting and/or staring at the detected contraband. Active canines are trained to perform signals including but not limited to scratching and/or staring at the detected contraband.
Possession is defined as either actual possession or constructive possession of an object. Actual possession exists when a person has physical custody or control of an object. Constructive Possession exists where a person has knowledge of an object and control of the object or the right to control the object, even if the person has no physical contact with it.
Postrelease Community Supervision is a form of supervision provided after a period of incarceration wherein the inmate is released to the jurisdiction of a county agency pursuant to the Postrelease Community Supervision Act of 2011.
Preprison Credit means credit for time in custody as certified by the court and provided for in Penal Code section 2900.5.
Principal means any person involved in the commission of a crime, felony or misdemeanor, whether they directly commit the act constituting the offense, or aid and abet in its commission, or not being present, have advised and encouraged its commission, or who, by threats, menaces, command or coercion, compel another to commit any crime.
Prison Gang means any gang which originated and has its roots within the department or any other prison system.
Prisoner means a person in custody of the Secretary and not paroled. Prisoner and inmate are synonymous terms.
Probation Officer's Report means a written report prepared by the probation officer in the county where the offense was committed, containing the circumstances surrounding the crime, prior history, and record of the person.
Program failure means any inmate who generates a significant disciplinary history within the last 180 days from the current date. A guilty finding for two serious Rules Violation Reports or one serious and two administrative Rules Violation Reports within that 180 day time period is reasonable evidence of a significant disciplinary history and may be considered a program failure.
Project, as used in sections 3465 through 3468, means a proposal of something to be done for which a contract has not yet been awarded.
Public Interest Case describes an inmate/parolee whose crime/criminal history, public recognition, family ties, career or behavior in custody has resulted in extensive media coverage beyond the closest large city and its surrounding areas.
Public official means any person identified in Penal Code Section 76. CDCR staff are considered the staff of an exempt appointee of the Governor.
Received Date means the date an inmate is initially received into a facility of the department.
Receiving State means the state which supervises a cooperative parolee under the terms of the Interstate Compact for Adult Offender Supervision.
Regional Parole Administrator means the department's administrator of a Division of Adult Parole Operations region.
Rehabilitative Programs are programs managed by the Division of Rehabilitative Programs (DRP), to equip inmates with career opportunities, and to assist them in dealing effectively with the challenges of life, in preparation for successful reintegration into the community.
Released on Parole means released from custody to a term of parole supervision and includes: initial releases from custody; parolees released after having served a period of parole revocation; parole violators with a new term; parolees released from any other jurisdiction, for example, federal custody; and offenders ordered directly to parole by a sentencing court, also referred to as “court walkovers.”
Relevant Evidence means evidence which tends to prove or disprove an issue or fact in dispute.
Religious Item means any bag, cross, medallion, totem, pipe, or other item in which the possessor places religious or spiritual significance.
Religious Review Committee (RRC) means a committee formed and maintained at each institution that reviews and reaches a decision regarding requests for reasonable accommodation and/or access to religious services.
Remedial sanction means any instruction, referral, penalty, or restriction, other than the filing of a petition for revocation, imposed upon a person under Division of Adult Parole Operations supervision, as a result of finding that the person has violated a condition of supervision.
Residence means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.
Residential Facility means a property that is operated for the purpose of providing lodging and services for two or more persons. Residential facilities include sober living facilities and transitional housing facilities that provide services such as money management, substance abuse prevention, relationship and self-esteem workshops, skills for employment stability, job training, and referrals to local community, social, and health services.
Responsible Bidder means a bidder that is compliant with the DVBE program requirements in Military and Veterans Code section 999 and responsive to all requirements for a DVBE, including a commercially useful function being performed by the DVBE.
Restricted Custody General Population (RCGP) living units will provide a general population housing alternative to offenders: 1) who have a substantial threat to their personal safety should they be released to the general population; or 2) who have refused to complete the Security Threat Group (STG) Step Down Program (SDP); or 3) who have been found guilty of repeated STG related Rules Violations Reports while in the SDP.
Restricted or controlled inmate movement means that the affected inmates are not permitted normal release schedules and that all or specified movement may require a greater degree of supervision than normal. Such restriction may include, but is not limited to controlled feeding, a section at a time, rather than the entire unit or sub-facility being released. Such restrictions do not constitute a State of Emergency as determined in Section 3383.
Room and Board means all that the department provides for the inmate's care, housing and retention.
Same and Similar Behavior means comparable serious misconduct warranting Security Housing Unit (SHU) term assessment or equivalent behavior from a verifiable incarcerated period, contained in subsection 3341.9(e), which may be used to aggravate or mitigate a SHU term. Specifically, any act of homicide, violence against another, threat to kill or assault another as listed in subsection 3341.9(e)(1), (2) & (3); or, any homicide, violence against another or threat to kill or assault another in conjunction with any other offense listed in subsection 3341.9(e), is considered same and similar to each other regardless of the victim. Any possession of a weapon, as listed in subsection 3341.9(e)(4), or any possession of a weapon in conjunction with any other offense listed in subsection 3341.9(e), is considered same and similar. Any distribution of a controlled substance, as listed in subsection 3341.9(e)(5) is considered same and similar to each other (possession of a controlled substance is not considered same and similar to distribution of a controlled substance). Any escape, as listed in subsection 3341.9(e)(6), is considered same and similar to each other. Any disturbance, riot or strike, as listed in subsection 3341.9(e)(7), is considered same and similar to each other. Any harassment, as listed in subsection 3341.9(e)(8), is considered same and similar to each other. Any Security Threat Group (STG) disruptive behavior, as listed in subsection 3341.9(e)(9) or any STG disruptive behavior in conjunction with any other offense listed in subsection 3341.9(e), is considered same and similar to each other regardless of the victim. Any theft or destruction of state property offense, as listed in subsection 3341.9(e)(10), or any theft or destruction of state property in conjunction with any other offense listed in subsection 3341.9(e), is considered same and similar to each other. Any extortion or bribery offense listed in subsection 3341.9(e)(11), is considered same and similar to each other regardless of the victim. Any sexual misconduct offense listed in subsection 3341.9(e)(12), is considered same and similar to each other regardless of the victim.
Screening means evaluation by staff to ascertain that specified requirements or criteria are met.
Secretary means the secretary of the Department of Corrections and Rehabilitation, who serves as the Chief Executive Officer.
Secure Level I facility is a Level I facility with a secure perimeter as defined in section 3000 that includes razor wire to prevent the escape of inmates.
Secure Perimeter means the largest Security Perimeter that physically retains inmates in custody on facility property.
Security Concern means the inmate does not otherwise meet the Close Custody case factor criteria established in section 3377.2(b); however, based upon an Institution Classification Committee (ICC) review of all available case factors and disciplinary history, the inmate demonstrates an ongoing heightened security risk that potentially threatens institution safety and security and thereby warrants the direct and constant supervision provided by a Close Custody designation.
Security Module means any department-approved security desk or security table used to facilitate educational, recreational and/or therapeutic activities for maximum custody inmates and are designed for use with State-issued restraint gear.
Security Perimeter means any unbroken physical barrier or combination of physical barriers that restricts inmate movement to a contained area without being processed through a door, gate, or sallyport.
Security Threat Group (STG) means any ongoing formal or informal organization, association, or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, planning, organizing, threatening, financing, soliciting or committing unlawful acts, or acts of misconduct.
Security Threat Group I (STG-I) is a term used to identify and prioritize the level of threat the group presents that affects the safety and security of the institution and public safety. STG-I designation will be reserved for STGs that pose the greatest of these threats. STG-I designation will include, but may not be limited to, traditional prison gangs or similar disruptive groups or gangs that the department has certified to have a history and propensity for violence and/or influence over subservient STGs.
Security Threat Group II (STG-II) is a term used to identify and prioritize the level of threat the group presents that affects the safety and the security of the institution and public safety. The STG-II designation may include, but is not limited to, traditional disruptive groups/street gangs.
Security Threat Group Administrative Directive is an administrative order, approved by the Secretary (or designee) of the CDCR, certifying a group's threat to the safety of staff, offenders, and the security of the institution based on a documented history of and future propensity for violence.
Security Threat Group (STG) Associate means any offender or any person who, based on documented evidence, is involved periodically or regularly with the members of a STG. STG Associates will be identified through the validation process.
Security Threat Group (STG) Behavior is any documented behavior that promotes, furthers, or assists a STG. This includes, but is not limited to conduct of any person that leads to and includes the commission of an unlawful act and/or violation of policy demonstrating a nexus to a STG.
Security Threat Group (STG) Member means any offender or any person who, based on documented evidence, has been accepted into membership by a STG. STG Members will be identified through the validation process.
Security Threat Group (STG) Suspect means any offender or any person who, based on documented evidence, is involved periodically or regularly with the members or associates of a STG. The STG suspect is tracked by STG investigative staff pending validation. Suspects have attained more than one but less than ten points of validation as described in Section 3378.2(b).
Security Threat Group (STG) Unit Classification Committee is a unit classification committee responsible for making the determination of an inmate's validation status, reviewing Dropout status affiliate's new disciplinary behavior to determine nexus to STG, and reviewing information/intelligence regarding inmate-involved incidents occurring outside CDCR jurisdiction to ensure disciplinary processes and/or formal documentation were applied.
Senate Bill (SB) 618 Participant means an adult inmate who is deemed eligible and agrees to participate in a SB 618 Program, as defined in section 3000, which includes that prior to reception by the California Department of Corrections and Rehabilitation, the inmate will be assessed and classified at the county in which he or she is adjudged to have committed his or her crime.
Senate Bill (SB) 618 Program means a program developed for nonviolent felony offenders pursuant to SB 618 (2005/2006 session), which added Penal Code section 1203.8, which provides in part that programs shall be available for inmates, including Career Technical Education programs and educational programs that are designed to prepare nonviolent felony offenders for successful reintegration back into the community.
Sending State means the state that requests the transfer of a cooperative parolee, or that transfers supervision of a cooperative parolee, under the terms of the Interstate Compact for Adult Offender Supervision.
Sentence Data Sheet means an option under the Prison function tab within the Strategic Offender Management System that contains commitment and release status of an inmate.
Serious bodily injury (SBI) means a serious impairment of physical condition, including, but not limited to the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
Serious Offense, for the purpose of conducting parole revocation hearings, refers to any felony listed in section 1192.7(c) of the Penal Code.
Sexual Activity means any behavior of a sexual nature between an inmate and a visitor including, but not limited to:
(1) Sexual intercourse, oral copulation, or masturbation.
(2) The rubbing or touching of breast(s), buttock(s) or sexual organ(s) for the purpose of arousing, appealing to, or gratifying lust, passions, or sexual desires.
(3) Exposure of breast(s), buttocks or sexual organ(s) for the purpose of arousing, appealing to, or gratifying lust, passions, or sexual desires.
Sexual Disorderly Conduct means every person who touches, without exposing, his or her genitals, buttocks or breasts in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense, and that any reasonable person would consider this conduct offensive.
Single Family Dwelling means a real property improvement, such as a house, apartment, or mobile home that is used or is intended for use as a dwelling for one family.
Small Business Firm means a business in which the principal office is located in California and the officers of such business are domiciled in California which is independently owned and operated and which is not dominant in its field of operation. The maximum dollar volume that a small business may generate shall vary from industry to industry to the extent necessary to reflect differing characteristics of such industries.
Special Assignment means a departmentally-approved special program, temporary or short-term assignment for departmental convenience, or medical or psychiatric treatment category with exceptional credit-earning provisions.
Special Conditions of Parole means conditions of parole placed by the Board of Parole Hearings or Division of Adult Parole Operations and restricted to the individual.
Statewide Religious Review Committee (SRRC) is a committee established to ensure that a framework for religious program policy exists, and that program continuity from institution to institution is maintained. The SRRC also provides an avenue for addressing statewide inmate religious issues and offers recommendations to the Director of the Division of Adult Institutions (DAI) for consideration of policy development and/or enactment. The SRRC is comprised of the following: Associate Director, DAI (General Population -Males); one Warden from each mission within DAI; Headquarters Community Resources Manager (HCRM), Religious Programs; one CRM from each mission within DAI; a Captain; a designee from the Office of Legal Affairs; the departmental Food Administrator, and other stakeholders as required.
Step Down Program (SDP) shall be 24 months in duration and consist of four program steps that take place within a SHU or other housing units where indicated. Each step will normally be 6 months in duration. The SDP incorporates rehabilitative programming consisting of both required and elective components.
Strategic Offender Management System (SOMS) is an electronic automated offender management system that consolidates existing databases and records to a fully automated system and replaces certain manual paper processes. SOMS is a cumulative data collection process that will autopopulate specific information on all documentation, such as an inmate's name and number, current date, county of last residence, institution/facility housing, etc.
Street gang refers to a gang as defined herein except that it is not a prison gang.
Strike means any concerted act of more than 50 percent of the bargaining unit employees in a lawful refusal of such employees under applicable State or federal law to perform work or services for an employer, other than work stoppages based on conflicting union jurisdictions or work stoppages unauthorized by the proper union governing body.
Subcontractor means any person or entity that enters into a subcontract with a prime contractor for work, materials, supplies and/or labor.
Technical violation means conduct that may not violate a state or federal statute, but is a violation of a condition of parole supervision.
Terminal illness means an incurable disease process with progression unresponsive to medical intervention where a medical doctor estimates that death will occur within a six-month period.
Time Computation means the department's uniform method for calculating an inmate's term and minimum and maximum release dates as governed by law.
Time Served means that time an inmate is imprisoned with the department between their received date and a given date.
Totally disabled means a diagnosis provided by a physician and/or psychiatrist indicating that an inmate is incapable of performing an assignment.
Trade Paper means a publication that meets all of the following criteria: (1) has a business orientation relating to the trade or industry for which the advertisement is being placed; (2) is known and utilized by members of that trade or industry; (3) primarily offers articles, editorials (if any), and advertisements of business opportunities aimed at that trade or industry; and (4) is readily available within the geographical area for which the advertisement is placed and for which the services are to be performed.
Transgender means a person whose gender identity is different from the person's assigned sex at birth.
Transient Sex Offender means a parolee who has a statutory requirement to register as a sex offender and who has no residence.
Transitional Housing Unit is a general population program designated for the observation phase of the Debrief process. This program may house those inmates that are in the second phase of the debrief process.
Transitions Programs are employment training classes to assist inmates with job readiness and job seeking skills to overcome barriers to obtaining employment upon release from an institution.
Under the influence of alcohol, any drug, controlled substance, toluene or any combination thereof means being in a condition that he/she is unable to exercise care for his/her safety or the safety of others pursuant to Penal Code 647(f) and confirmed by a positive test from a departmentally approved testing method, to include field sobriety testing.
Unit Supervisor means a supervisor of case-carrying parole agents in the Division of Adult Parole Operations.
Urinalysis Testing (previously referred to as Anti-Narcotic Testing) is a process to detect the presence of prohibited substances used by parolees.
Validation means the formal and objective process for identifying and documenting STG affiliates.
Vexatious Litigant means a person who does any of the following: (1) in the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (a) finally determined adversely to the person or; (b) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing; (2) after a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate in propria persona either; (a) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or; (b) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined; (3) in any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay; (4) has previously been declared to be a vexatious litigant by any state or federal court of record in any actions or proceeding based upon the same or substantially similar facts, transaction, or occurrence. Pursuant to In re Bittaker, Writs of Habeas Corpus are not included under vexatious litigation.
Violent Offense, for the purpose of conducting parole revocation hearings, refers to any felony listed in section 667.5(c) of the Penal Code.
Wireless Communication Device means any device that is capable of transmitting signs, signals, writings, images, sounds, data or intelligence of any nature, in whole or in part, by a radio, electromagnetic, photoelectric or photo-optical system, but does not require a wire connection to transmission source. This includes, but is not limited to, cellular telephones, computers, internet phones, mobile phones, hybrid cellular devices, hybrid Internet devices, hybrid wireless devices, smart watches, wireless router and mobile Wi-Fi hotspot devices; Bluetooth or similar devices, mobile high-definition link devices, intelligent virtual assistant devices or similar smart home products, personal digital assistants, tablets, video recorders, facsimile machines, two-way radios, and pagers.
Work Change Area means a portal controlled by staff and/or locking gates that is used to control access and includes the area where staff search inmates prior to permitting inmates in or out of adjacent areas such as Prison Industry Authority yards.
Worktime Credit means credit towards a prisoner's sentence for satisfactory performance in work, training or education programs.
Writ means a court order in writing, requiring the performance of a specified act, or giving authority to have it done.
Note: Authority cited: Sections 243(f)(4), 2717.3, 3000.03, 5058, 5058.3 and 1170.05, Penal Code; Section 10115.3(b), Public Contract Code; and Sections 4525(a), 4526 and 14837, Government Code. Reference: Sections 186.22, 243, 314, 530, 532, 600, 646.9, 653, 832.5, 1170.05, 1203.8, 1389, 2080, 2081.5, 2600, 2601, 2700, 2717.1, 2717.6, 2932.5, 3003.5(a), 3020, 3450, 3550, 4501.1, 4570, 4576, 5009, 5050, 5054, 5068, 7000 et seq., 11180 and 11191, Penal Code; Sections 1132.4, 1132.8 and 1203(b)(1), Labor Code; Sections 10106, 10108, 10108.5, 10115, 10115.1, 10115.2, 10115.3 and 10127, Public Contract Code; Section 999, Military and Veterans Code; Section 391, Code of Civil Procedure; Section 297.5, Family Code; Sections 8550, 8567, 12838 and 12838.7, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; In re Bittaker, 55 Cal.App. 4th 1004, 64 Cal. Rptr. 2d 679; Section 11007, Health and Safety Code; Madrid v. Cate (USDC ND Cal. C90-3094 TEH); Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223; Mitchell v. Cate, USDC ED 2:08-CV-01196-TLN-EFB; In re Garcia (2012) 202 Cal.App.4th 892; and Quine v. Beard, No. C 14-02726 JST.
HISTORY
1. Amendment of subsection (a)(19) filed 12-1-78 as an emergency; designated effective 1-1-79 (Register 78, No. 48). For prior history, see Register 77, No. 40.
2. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
3. Amendment filed 11-20-79 as an emergency; designated effective 1-1-80 (Register 79, No. 47). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-20-80.
4. Certificate of Compliance filed 2-15-80 (Register 80, No. 7).
5. Amendment filed 3-2-83: effective thirtieth day thereafter (Register 83, No. 12).
6. Change without regulatory effect repealing and adopting new section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
7. Amendment filed 11-28-90 as an emergency; operative 11-28-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 3-28-91 or emergency language will be repealed by operation of law on the following day.
8. Amendment adding definitions of “disruptive group,” “gang,” and “prison gang” filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
9. Amendment adding definition for “Media representative” filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4).
10. Amendment adding definitions for “Disciplinary Free,” “Inmate Match,” and “Special Assignment” and amending Note filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
11. Amendment adding definition for “Case records file” and amendment of Note filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
12. Amendment adding definition for “Detainer” and amendment of Note filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
13. Amendment adding definitions for “Received Date,” “Time Computation,” and “Time Served” filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of “Firm” and “Grievance” filed 12-20-91; operative 12-20-91 (Register 92, No. 4).
15. Amendment adding definition for “Terminal illness” filed 5-20-92; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction of printing error restoring inadvertently deleted definitions originally filed 12-20-91 (Register 92, No. 24).
17. Certificate of Compliance as to 12-20-91 order adding definition for “case records file” transmitted to OAL 4-15-92 and filed 5-27-92 (Register 92, No. 24).
18. Certificate of Compliance as to 12-29-91 order adding definitions for “Disciplinary Free,” “Inmate Match,” and “Special Assignment” transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
19. Certificate of Compliance as to 12-19-91 order adding definition of “Detainer” transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
20. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
21. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 6-2-92 (Register 92, No. 24).
22. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
23. Amendment adding definition for “Terminal illness” refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
24. Amendment adding “Cumulative case summary,” “Chronological history,” “Legal status sheet,” “Probation officer's report” and “Criminal identification and investigation report” and amendment of Note filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
25. Change without regulatory effect amending “Immediate Family Members” filed 1-26-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 5).
26. Certificate of Compliance as to 10-23-92 order transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
27. Amendment adding “Harassment” and amendment of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A Certificate of Compliance must be transmitted to OAL 11-26-93 or emergency language will be repealed by operation of law on the following day.
28. Amendment filed 9-3-93; operative 9-3-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 36).
29. Amendment of “Good Faith Effort,” “Minority Business Enterprise,” “Responsible Bidder” and “Women Business Enterprise” and Note and new definitions “Disabled Veteran Business Enterprise,” “Goal,” “Minority and/or Women and/or Disabled Veteran Business Enterprise focus paper,” “Minority and/or Women and/or Disabled Veteran Business Enterprise focus paper and trade paper,” “Project,” “Subcontractor,” and “Trade Paper” filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of law on the following day.
30. Definitions added for “Chaplain,” “Religious Artifact,” and “Sweat Lodge” and amendment of Note filed 11-1-93; operative 12-13-93 (Register 93, No. 45).
31. Amendment adding “Ex-Offender” filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
32. Certificate of Compliance as to 7-29-93 order transmitted to OAL 11-18-93 and filed 12-31-93 (Register 94, No. 1).
33. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
34. Amendment of “Inmate”, new definition “Serious injury”, and amendment of Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
35. Amendment of “Institution Head” filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97 or emergency language will be repealed by operation of law on the following day.
36. Amendment adding definition of “Certification” filed 11-22-96 as an emergency; operative 11-22-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-97 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.
37. Certificate of Compliance as to 9-13-96 order transmitted to OAL 11-22-96 and filed 1-6-97 (Register 97, No. 2).
38. Certificate of Compliance as to 11-22-96 order, including amendment of definition of “Certification,” transmitted to OAL 3-20-97 and filed 5-1-97 (Register 97, No. 18).
39. Amendment adding definitions of “Lockdown” and “Restricted or controlled inmate movement” filed 10-16-97; operative 11-15-97 (Register 97, No. 42).
40. Amendment adding definition of “Program failure” filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-98 or emergency language will be repealed by operation of law on the following day.
41. Amendment adding definition of “Vexatious Litigant” and amending Note filed 11-12-97 as an emergency; operative 11-12-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-98 or emergency language will be repealed by operation of law on the following day.
42. Editorial correction of definition of “Vexatious Litigant” and Histories 40 and 41 (Register 98, No. 18).
43. Amendment adding definition of “Vexatious Litigant” and amending Note refiled 4-29-98 as an emergency; operative 4-29-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-6-98 or emergency language will be repealed by operation of law on the following day.
44. Certificate of Compliance as to 10-16-97 order, including removal of definition of “Program failure” to section 3062(n), transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
45. Certificate of Compliance as to 4-29-98 order, including further amendment of definition of “Vexatious Litigant” and Note, transmitted to OAL 6-12-98 and filed 7-21-98 (Register 98, No. 30).
46. Amendment adding new definitions of “Controlled Medication,” “Controlled Substance,” “Distribution” and “Laboratory” and amendment of Note filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
47. Amendment filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency language will be repealed by operation of law on the following day.
48. Amendment adding new definitions of “Controlled Medication,” “Controlled Substance,” “Distribution” and “Laboratory” and amendment of Note refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
49. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
50. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
51. Amendment filed 3-27-2000 as an emergency; operative 3-27-2000 (Register 2000, No. 13). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be repealed by operation of law on the following day.
52. Amendment of definition of “Chronological History” filed 8-28-2000; operative 9-27-2000 (Register 2000, No. 35).
53. Certificate of Compliance as to 3-27-2000 order transmitted to OAL 9-5-2000; disapproval and order of repeal and deletion reinstating section as it existed prior to emergency amendment by operation of Government Code 11346.1(f) filed 10-18-2000 (Register 2000, No. 42).
54. Amendment filed 10-19-2000 deemed an emergency pursuant to Penal Code section 5058(e); operative 10-19-2000 (Register 2000, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
55. Amendment adding definition of “General Chrono” filed 11-16-2000; operative 12-16-2000 (Register 2000, No. 46).
56. Certificate of Compliance as to 10-19-2000 order, including further amendment of definitions of “Execution Type Murder,” “High Notoriety” and “Public Interest Case,” transmitted to OAL 3-27-2001 and filed 5-3-2001 (Register 2001, No. 18).
57. Amendment of definitions of “Firm” and “Small Business Firm” and amendment of Note filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
58. Amendment adding definition of “Street gang” and amendment of 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.
59. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
60. Amendment adding definitions of “Program failure” and “Significant work related disciplinary history” filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
61. Amendment adding definitions of “Program failure” and “Significant work related disciplinary history” refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
62. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
63. New definition of “Religious Review Committee (RRC)” filed 1-17-2006 as an emergency; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the following day.
64. Amendment of definition of “Program failure” filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
65. Certificate of Compliance as to 1-17-2006 order transmitted to OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
66. Change without regulatory effect amending division heading and chapter heading filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
67. New definitions of “Indecent Exposure” and “Sexual Disorderly Conduct” and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
68. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
69. New definitions of “Non-serious offender” and “Non-violent offender” filed 10-1-2007 as an emergency; operative 10-1-2007 (Register 2007, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-10-2008 or emergency language will be repealed by operation of law on the following day.
70. Amendment of definition of “Immediate Family Members” and amendment of Note filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
71. New definitions of “Non-serious offender” and “Non-violent offender” refiled 2-25-2008 as an emergency; operative 2-25-2008 (Register 2008, No. 9). A Certificate of Compliance must be transmitted to OAL by 5-26-2008 or emergency language will be repealed by operation of law on the following day.
72. Reinstatement of section as it existed prior to 10-1-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2008, No. 22).
73. New definitions of “Behavior Management Unit” and “Disruptive Behavior” filed 7-8-2008 as an emergency; operative 7-8-2008 (Register 2008, No. 28). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 12-15-2008 or emergency language will be repealed by operation of law on the following day.
74. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
75. Repealer of definition of “Media representative” filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
76. New definition of “California Out-of-State Correctional Facility” and amendment of Note filed 10-30-2008 as an emergency; operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-8-2009 or emergency language will be repealed by operation of law on the following day.
77. Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
78. New definitions of “Behavior Management Unit” and “Disruptive Behavior” refiled 12-15-2008 as an emergency; operative 12-15-2008 (Register 2008, No. 51). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 3-16-2009 or emergency language will be repealed by operation of law on the following day.
79. New definitions of “Senate Bill (SB) 618 Participant” and “Senate Bill (SB) 618 Program” and amendment of Note filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
80. Certificate of Compliance as to 12-15-2008 order transmitted to OAL 2-23-2009 and filed 4-2-2009 (Register 2009, No. 14).
81. Certificate of Compliance as to 10-30-2008 order transmitted to OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).
82. Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
83. New definition of “Sexual Activity” filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
84. New definition of “Transitional Housing Unit” filed 12-29-2009; operative 1-28-2010 (Register 2010, No. 1).
85. New definition of “Non-Revocable Parole,” amendment of definition of “Parolee” and amendment of Note filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
86. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
87. New definitions of “Administrative Officer of the Day,” “Facility,” “Great Bodily Harm” and “Institution” and amendment of definition of “Serious Bodily Injury” and Note filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
88. Repealer of definition of “Appeal Form” filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
89. New definition of “Medical Parolee” and amendment of Note filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
90. Repealer and new definition of “Lockdown” and new definition of “Modified Program” filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
91. New definitions of “Released on Parole,” “Residential Facility,” “Single Family Dwelling” and “Transient Sex Offender” and amendment of Note filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
92. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
93. Change without regulatory effect amending definition of “Modified Program” filed 8-3-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 31).
94. New definitions of “Alternative Custody Program” and “Alternative Custody Program Participant” and amendment of definitions of “Case Conference Review” and “Face-to-Face Contact” and Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
95. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
96. Reinstatement of section as it existed prior to 6-15-2011 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 48).
97. New definitions of “Released on Parole,” “Residential Facility,” “Single Family Dwelling” and “Transient Sex Offender” and amendment of Note refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
98. Amendment of definition of “Dangerous Contraband,” new definition of “Possession” and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
99. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
100. New definitions of “Alternative Custody Program” and “Alternative Custody Program Participant” and amendment of definitions of “Case Conference Review” and “Face-to-Face Contact” and Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
101. Certificate of Compliance as to 12-1-2011 order transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
102. New definitions of “Automated Needs Assessment Tool” and “Crimogenic Need” and amendment of Note filed 5-10-2012 as an emergency; operative 5-10-2012 (Register 2012, No. 19). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-17-2012 or emergency language will be repealed by operation of law on the following day.
103. Certificate of Compliance as to 12-9-2011 order, including further amendment of definition of “Possession,” transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
104. New definition of “Postrelease Community Supervision” filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
105. Repealer of definitions of “Designated Level II Housing,” “Execution Type Murder,” “High Notoriety,” “Management Concern,” “Multiple Murders” and “Unusual Violence,” amendment of definitions of “Force,” “Life Prisoner” and “Public Interest Case” and new definitions of “Non-secure Facility” and “Security Concern” 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.
106. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
107. New definitions of “Alternative Custody Program (ACP)” and “Alternative Custody Program Participant,” amendment changing definition of “Case Conference” to “ “Case Conference Review” (with further revisions), amendment of definition of “Face-to-Face Contact” and amendment of Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2013 or emergency language will be repealed by operation of law on the following day.
108. New definitions of “Automated Needs Assessment Tool” and “Crimogenic Need” and amendment of Note refiled 10-17-2012 as an emergency; operative 10-17-2012 (Register 2012, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-15-2013 or emergency language will be repealed by operation of law on the following day.
109. Editorial correction of History 108 providing corrected Certificate of Compliance date (Register 2012, No. 44).
110. Certificate of Compliance as to 6-26-2012 order referenced in History 104 transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
111. Editorial correction of History 110 (Register 2013, No. 3).
112. Certificate of Compliance as to 6-26-2012 order referenced in History 105 transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
113. Amendment replacing and revising former definition of “Religious Artifact” with new definition of “Religious Item” filed 2-21-2013 as an emergency; operative 2-21-2013 (Register 2013, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-31-2013 or emergency language will be repealed by operation of law on the following day.
114. Certificate of Compliance as to 10-17-2012 order transmitted to OAL 1-15-2013 and filed 2-25-2013 (Register 2013, No. 9).
115. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).
116. Change without regulatory effect adding definition of “Secretary” and amending Note filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
117. Amendment replacing and revising former definition of “Religious Artifact” with new definition of “Religious Item” refiled 7-29-2013 as an emergency; operative 7-29-2013 (Register 2013, No. 31). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-28-2013 or emergency language will be repealed by operation of law on the following day.
118. New definitions of “Cognitive Behavioral Therapy,” “Reentry Hubs” and “Transitions Programs” and amendment of definition of “Senate Bill 618 Program” 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.
119. Certificate of Compliance as to 7-29-2013 order transmitted to OAL 10-24-2013 and filed 12-9-2013 (Register 2013, No. 50).
120. Change without regulatory effect amending definitions of “Direct and Constant Supervision” and “Interstate Unit” filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
121. New definition of “Intake Control Unit (ICU)” filed 1-23-2014; operative 1-23-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 4).
122. Amendment of definition of “Administrative Officer of the Day” and new definitions of “California Law Enforcement Telecommunications System,” “CalParole,” “Case Conference,” “Parole Administrator” and “Parole Violation Disposition Tracking System” filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
123. Certificate of Compliance as to 10-29-2013 order, including repealer of definition of “Cognitive Behavioral Therapy” and new definition of “Cognitive Behavioral Treatment,” transmitted to OAL 4-4-2014 and filed 5-14-2014; amendments effective 5-14-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 20).
124. New definition of “Strategic Offender Management System” filed 6-2-2014; operative 6-2-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 23).
125. New definition of “Urinalysis Testing” filed 7-17-2014 as an emergency; operative 7-17-2014 (Register 2014, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-24-2014 or emergency language will be repealed by operation of law on the following day.
126. Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and filed 8-27-2014 (Register 2014, No. 35).
127. New definitions of “Air Scan Search,” “Canine,” “Canine Handler” and “Positive Canine Alert” filed 10-8-2014 as an emergency; operative 10-8-2014 (Register 2014, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-17-2015 or emergency language will be repealed by operation of law on the following day.
128. Amendment filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
129. Certificate of Compliance as to 7-17-2014 order transmitted to OAL 11-7-2014 and filed 12-22-2014 (Register 2014, No. 52).
130. New definitions of “Air Scan Search,” “Canine,” “Canine Handler” and “Positive Canine Alert” refiled 3-17-2015 as an emergency; operative 3-17-2015 (Register 2015, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-15-2015 or emergency language will be repealed by operation of law on the following day.
131. New definitions of “Classification Staff Representative (CSR),” “Clean Conduct Credit,” “Minimum Eligible Release Date (MERD)” and “Same and Similar Behavior” 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.
132. Amendment of definition of “Serious bodily injury (SBI)” and amendment of Note filed 6-17-2015 as an emergency; operative 6-17-2015 (Register 2015, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2015 or emergency language will be repealed by operation of law on the following day.
133. Certificate of Compliance as to 3-17-2015 order, including further amendment of definition of “Canine” and Note, transmitted to OAL 6-15-2015 and filed 7-27-2015; amendments effective 7-27-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 31).
134. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12-3-2015 (Register 2015, No. 49).
135. Certificate of Compliance as to 6-17-2015 order transmitted to OAL 11-17-2015 and filed 12-30-2015 (Register 2016, No. 1).
136. New definition of “Long Term Offender Program” filed 2-18-2016 as an emergency; operative 2-18-2016 (Register 2016, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-27-2016 or emergency language will be repealed by operation of law on the following day.
137. New definition of “Security Module” filed 3-10-2016; operative 3-10-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 11).
138. Amendment of definition of “Alternative Custody Program (ACP)” and amendment of Note 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.
139. Amendment of definition of “Modified Program” and amendment of Note filed 4-28-2016; operative 4-28-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 18).
140. New definitions of “Outdoor Religious/Spiritual Grounds” and “Statewide Religious Review Committee (SRRC)” and renaming and amendment of former definition of “Sweat Lodge” as “Native American Sweat Lodge Grounds” filed 5-11-2016; operative 7-1-2016 (Register 2016, No. 20).
141. Amendment of definition of “Disciplinary free” and new definition of “Electronic Records Management Systems” filed 6-2-2016 as an emergency; operative 6-2-2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
142. Amendment of definition of “Chaplain” and amendment of Note filed 6-29-2016 as an emergency; operative 6-29-2016 (Register 2016, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-6-2016 or emergency language will be repealed by operation of law on the following day.
143. Amendment of definition of “Dangerous contraband” filed 8-17-2016; operative 8-17-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 34).
144. Certificate of Compliance as to 2-18-2016 order transmitted to OAL 7-26-2016 and filed 9-6-2016 (Register 2016, No. 37).
145. Certificate of Compliance as to 3-29-2016 order transmitted to OAL 9-6-2016 and filed 10-11-2016 (Register 2016, No. 42).
146. Certificate of Compliance as to 6-2-2016 order, including amendment of definitions of “Electronic Records Management System” and “Strategic Offender Management System,” transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective 12-22-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 52).
147. Certificate of Compliance as to 6-29-2016 order transmitted to OAL 11-17-2016 and filed 1-3-2017 (Register 2017, No. 1).
148. Amendment of definitions of “Classification Staff Representative (CSR)” and “Non-secure Facility” and new definitions of “Lethal electrified fence,” “Secure Level I facility” and “Totally disabled” 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.
149. New definitions of “Gender Dysphoria,” “Gender Identity” and “Transgender” 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.
150. New definitions of “Notice Agent/Court Agent,” “Remedial Sanction” and “Technical Violation” filed 7-12-2017; operative 10-1-2017 (Register 2017, No. 28).
151. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed 8-23-2017 (Register 2017, No. 34).
152. New definitions of “Gender Dysphoria,” “Gender Identity” and “Transgender” 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.
153. New definitions of “Administrative Security Housing Unit (SHU) Term,” “Debrief Processing Unit (DPU)” and “Restricted Custody General Population (RCGP),” amendment of definitions of “Affiliate,” “Confirmed Security Threat Group (STG) Behavior,” “Prison Gang,” “Security Threat Group (STG) Associate,” “Step Down Program (SDP)” and “Transitional Housing Unit” and repealer of definitions of “Behavior Management Unit,” “Inactive Monitored Status Affiliate,” “Inactive Status Affiliate,” “Monitored Status Affiliate,” “Step Down Program, Step 1 and 2 SHU,” “Step Down Program, Step 3 and 4 SHU” and “Step Down Program, Step 5” 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.
154. New definitions of “Gender Dysphoria,” “Gender Identity” and “Transgender” 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.
155. Editorial correction deleting duplicate definition of “Security Threat Group (STG) Associate” and restoring inadvertently omitted definition of “Security Threat Group (STG)” (Register 2018, No. 9).
156. New definitions of “Administrative Security Housing Unit (SHU) Term,” “Debrief Processing Unit (DPU)” and “Restricted Custody General Population (RCGP),” amendment of definitions of “Affiliate,” “Confirmed Security Threat Group (STG) Behavior, ” “Prison Gang,” “Security Threat Group (STG) Associate,” “Step Down Program (SDP)” and “Transitional Housing Unit” and repealer of definitions of “Behavior Management Unit,” “Inactive Status Affiliate,” “Monitored Status Affiliate,” “Step Down Program, Step 1 and 2 SHU,” “Step Down Program, Step 3 and 4 SHU” and Step Down Program, Step 5” 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.
157. Certificate of Compliance as to 1-2-2018 order transmitted to OAL 4-4-2018 and filed 5-15-2018 (Register 2018, No. 20).
158. Amendment of definitions of “Board of Parole Hearings,” “CalParole,” “Felony,” “High Control,” “Non-Revocable Parole,” “Parolee-at-Large,” “Probation Officer's Report,” “Public Interest Case” and “Receiving State”; amendment replacing and revising former definition of “Cooperative Parolee” with new definition of “California Interstate Cooperative Parolee”; amendment replacing and revising former definition of “Interstate Unit” with new definition of “Interstate Compact Unit”; new definitions of “California Parole Apprehension Team,” “California Parole Supervision Reintegration Model,” “Cooperative Parolee,” “Correctional Intelligence Task Force,” “Interstate Commission for Adult Offender Supervision,” “Interstate Compact for Adult Offender Supervision,” “Interstate Cooperative Parolee,” “Sending State” and “Sentence Data Sheet”; repealer of definitions of “Control Service” and “Parole Hearings Division” and amendment of Note filed 6-14-2018; operative 10-1-2018 (Register 2018, No. 24).
159. Amendment of definitions of “Chaplain,” “Native American Sweat Lodge Grounds,” “Outdoor Religious Grounds” (formerly “Outdoor Religious/Spiritual Grounds”) and “Statewide Religious Review Committee” filed 8-13-2018; operative 10-1-2018 (Register 2018, No. 33).
160. Certificate of Compliance as to 3-5-2018 order, including amendment of definition of “Administrative Security Housing Unit (SHU) Term,” 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).
161. Repealer of definitions of “Appeal” and “Grievance” and amendment of definition of “Project” filed 3-25-2020 as an emergency; operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
162. Amendment of definition of “Effective communication” and amendment of Note filed 6-9-2020; operative 10-1-2020 (Register 2020, No. 24).
163. New definitions of “Electronic Communication,” “Kiosk” and “Wireless Communications” filed 7-23-2020 as an emergency; operative 7-23-2020 (Register 2020, No. 30). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-30-2020 or emergency language will be repealed by operation of law on the following day.
164. Amendment of definition of “Indigent Inmate” and amendment of Note filed 9-17-2020; operative 1-1-2021 (Register 2020, No. 38). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
165. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
166. Emergency filed 7-23-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 4-30-2021 or emergency language will be repealed by operation of law on the following day.
167. Repealer of definitions of “Appeal” and “Grievance” and amendment of definition of “Project” refiled 2-25-2021 as an emergency; operative 3-10-2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
168. Amendment of definitions of “Automated Needs Assessment Tool,” amendment changing and amending definition of “Cognitive Behavioral Treatment” to “Cognitive Behavioral Interventions (CBI),” repealer of definitions of “Long Term Offender Program” and “Reentry Hubs” and new definitions of “Health Care Services,” “Integrated Substance Use Disorder Treatment (ISUDT) and “Rehabilitative Programs” 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.
169. New definitions of “Electronic Communication,” “Kiosk” and “Wireless Communications” refiled 4-27-2021 as an emergency; operative 4-30-2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-29-2021 or emergency language will be repealed by operation of law on the following day.
170. Editorial correction of History 168 (Register 2021, No. 36).
171. Repealer of definitions of “Appeal” and “Grievance” and amendment of definition of “Project” refiled 10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
172. New definition of “Medically Necessary” filed 10-28-2021; operative 1-1-2022 (Register 2021, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
173. New definitions of “Aggravated battery by means of gassing” and “Gassing”, repealer and new definition of “Same and Similar Behavior” and amendment of Note filed 11-30-2021; operative 1-1-2022 (Register 2021, No. 49).
174. Certificate of Compliance as to 4-27-2021 order transmitted to OAL 11-29-2021 and filed 12-20-2021 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
175. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
176. Amendment of definitions of “Automated Needs Assessment Tool,” amendment changing and amending definition of “Cognitive Behavioral Treatment” to “Cognitive Behavioral Interventions (CBI),” repealer of definitions of “Long Term Offender Program” and “Reentry Hubs” and new definitions of “Health Care Services,” “Integrated Substance Use Disorder Treatment (ISUDT)” and “Rehabilitative Programs” 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.
177. Amendment of definitions of “Certification,” “Disabled Veteran Business Enterprise” and “Responsible Bidder” and repealer of definition of “Good Faith Effort” filed 3-10-2022; operative 7-1-2022 (Register 2022, No. 10).
This database is current through 4/22/22 Register 2022, No. 16
15 CCR § 3000, 15 CA ADC § 3000
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