§ 3378.7. Debrief Processing Unit.
15 CA ADC § 3378.7Barclays Official California Code of RegulationsEffective: April 11, 2024
Effective: April 11, 2024
15 CCR § 3378.7
§ 3378.7. Debrief Processing Unit.
CDCR has established a DPU to house inmates who are assigned to Phase I and Phase II of the debrief process. A DPU may be established at any institution or facility the Department deems appropriate. The DPU shall provide a safe housing location for those inmates who have decided to disassociate from a STG. Placement within the DPU is in accordance with section 3378.5. Inmates will be afforded expanded program opportunities as they progress through the DPU.
(c) When housing within the DPU has been determined by ICC, but medical, mental health, mobility or other case factors preclude the inmate from being transferred to the DPU, a conference call should be initiated to provide institutional staff with guidance concerning placement issues and privileges utilizing the case conference process with Classification Services Unit, Healthcare Placement Oversight Program (HCPOP), and the Division of Adult Institutions (DAI) Associate Director. This case conference shall be documented in the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference. It is recognized that at times the inmate's overriding need for access to specific medical or mental health facilities will take priority over his housing in the DPU. These inmates should receive all privileges identified within this section, unless the privilege will create a significant security concern. If the hiring authority determines that the DPU privileges will be denied based on security concerns, the hiring authority shall contact the DAI Associate Director to obtain approval before denying the privileges.
(d) Inmates who have been received at the DPU, but who have not had their autobiography reviewed and accepted by the DIP shall be referred to as Pre-DIP and inmates who have had their autobiographies reviewed and accepted by the DIP shall be referred to as Post-DIP. Pre-DIP inmates shall normally be housed separately from Post-DIP inmates.
(2) All inmates participating in Phase I will be seen by ICC within 10 calendar days. Pre-DIP inmates will be scheduled for appearance before ICC, who will establish or affirm the inmate's work group and privilege group (WG/PG) consistent with NDRH status unless the inmate was transferred from the RCGP. If the inmate is transferred to the DPU from the RCGP, he will retain his current WG/PG.
Acceptance of the autobiography by the DIP recognizes that the inmate has demonstrated a significant level of sincerity in their desire to debrief, as well as establishes a foundation that their personal safety may be compromised if returned to a general population setting.
Acceptance of the autobiography by the DIP and ICC changing the inmate's status to Post-DIP will initiate the observation phase of the debrief process allowing for observation of the inmate while he is actively programming. Time spent as Post-DIP where the inmate is actively participating in assigned program activities shall be counted toward the observation phase of the debrief process.
(g) If the DPU inmate is found guilty of STG related behavior, identified in section 3378.4(a) STG Disciplinary Matrix, ICC shall determine the inmate's housing and program needs. ICC maintains discretion in evaluating an inmate's overall disciplinary record and case factors in determining continued management within the DPU or other appropriate housing, which may include referral to the DRB.
(i) When housing within the DPU has been determined appropriate by ICC, but medical, mental health, mobility or other case factors preclude the inmate from being transferred to the DPU, the inmate should be allowed to complete the Debrief process at an alternate location. Specific components of the process including the autobiography being submitted to the DIP for acceptance; the assignment of an investigator to complete the Debrief Report; the Debrief Report being approved by OCS; and a CDCR Form 128-B2, (Rev. 6/14) Security Threat Group Validation/Rejection Review, being issued for validation as a “drop out”, are required and must be completed prior to the inmate being released to appropriate housing.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
History
1. Renumbering and amendment of former section 3378.3 to new section 3378.7 filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
2. Renumbering of former section 3378.7 to section 3378.8 and new section 3378.7 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.
3. Renumbering of former section 3378.7 to section 3378.8 and new section 3378.7 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.
4. Certificate of Compliance as to 3-5-2018 order, including amendment of subsections (e)(4)(B), (f)(1)(E)3. and (g), 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).
5. Amendment filed 10-24-2023 as an emergency; operative 11-1-2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
6. Amendment refiled 4-8-2024 as an emergency; operative 4-11-2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 15, § 3378.7, 15 CA ADC § 3378.7
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