§ 3378.1. Security Threat Group Certification Process.
15 CA ADC § 3378.1Barclays Official California Code of Regulations
15 CCR § 3378.1
§ 3378.1. Security Threat Group Certification Process.
The California Department of Corrections and Rehabilitation (CDCR) prohibits offenders from creating, promoting, or participating in any Security Threat Group (STG). Any offender engaging in STG related behavior may be subject to criminal prosecution, in addition to any administrative sanctions imposed as a result of CDCR's disciplinary process.
(1) Certification of an STG-I or recognition of an STG-II means the formal designation of a group or gang as a security threat group based upon a STG Threat Assessment conducted by the Office of Correctional Safety (OCS). Prison gangs, disruptive groups and/or street gangs may be reviewed, categorized, and certified/recognized as a STG. Initial certification will be based upon the documented severity of the threat to the security of the institution and safety of staff and offenders.
(2) STG Threat Assessment means an official assessment conducted by the OCS for use in the STG certification process. This assessment will specifically identify the reason a STG, based on documented evidence of violence, threat of violence and/or other serious STG behaviors, poses an immediate clear and present danger to the safety of any person or the security of the prison.
(2) Security Threat Group-II consists of other groups or gangs such as street gangs or disruptive groups comprised of members and associates who may be determined to be in a subservient role to the more dominant STG-I groups. Groups identified as STG-II are not required to be certified, as described in this section.
(1) Staff shall prepare a CDCR Form 128-B8, Security Threat Group Certification Worksheet ( 11/13 ), which is incorporated by reference, requesting that a STG Threat Assessment be initiated of the identified group. The completed document shall be routed through the chain of command prior to submission to OCS.
(2) The Chief, OCS shall assign staff to complete an official STG Threat Assessment and determine whether the group should be recommended for certification as a STG-I. If recommended for STG-I certification, a STG Administrative Directive will be prepared and routed to the Secretary, CDCR, for review and approval/disapproval.
(1) Institution Staff or Division Staff shall prepare a CDCR Form 128-B8, Security Threat Group Certification Worksheet ( 10/17 ), which is incorporated by reference requesting that a STG Threat Assessment be initiated of the identified group. The CDCR Form 128-B8 shall be routed through the chain of command prior to submission to OCS.
Credits
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
History
1. New section filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
3. Amendment of subsections (b) and (c) filed 12-29-2009; operative 1-28-2010 (Register 2010, No. 1).
4. Amendment of subsections (c)(1)-(c)(2), (d)(3)(C) and (e)(1) 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.
5. Amendment of subsections (c)-(c)(2), (d)(3)(C) and (e)(1) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). 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.
6. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10-3-2018 (Register 2018, No. 40).
7. Change without regulatory effect amending subsection (f)(3)(A) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 15, § 3378.1, 15 CA ADC § 3378.1
End of Document |