Home Table of Contents

§ 8004. Participation.

15 CA ADC § 8004Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 8. California Prison Industry Authority
Chapter 1. Rules and Regulations of California Prison Industry Authority
Article 3. CALPIA Incarcerated Individual Work, Training, and Education
15 CCR § 8004
§ 8004. Participation.
Currentness
(a) Incarcerated individuals committed to the custody of the California Department of Corrections and Rehabilitation may apply to participate in CALPIA work and training programs. Incarcerated individuals who have met the requirements in Section 8004.1 may be assigned to an appropriate work position allowing the incarcerated individual to earn funds and acquire or improve effective work habits and occupational skills. CALPIA does not discriminate on the basis of disability in employment or in the admission and access to its program or activities. Incarcerated individuals with physical or developmental disabilities, or incarcerated individuals who participate in CDCR's Mental Health Services Delivery System, and who otherwise meet the hiring requirements, are not excluded from CALPIA job or training positions. CALPIA afford's incarcerated individuals reasonable accommodation to access programs as required by the American with Disabilities Act, the California Fair Employment and Housing Act, and applicable related non-discrimination laws.
(b) Incarcerated individuals are not be eligible for a CALPIA assignment under the following circumstances:
(1) Incarcerated individuals serving life sentences without parole (LWOP); unless the inmate meets the exception found in 8004(d)(4).
(2) Incarcerated individuals convicted of arson, elements of arson, or possession or use of explosive material, unless the arson conviction is more than 15 years prior to the date of application and all other eligibility requirements are met, then an exemption may be considered.
(3) Incarcerated individuals found in violation of Section 3016 and/or 3290(d); unless the inmate subsequently meets the following minimum requirements:
(A) six (6) months of disciplinary/drug/alcohol-free conduct; and
(B) ninety (90) days of satisfactory work as written on an institutional Work Supervisor's Report, CDC 101 (1/92), which is incorporated by reference, from the incarcerated individual's work supervisor; and
(C) Successfully graduates from a substance abuse program.
(c) Incarcerated individuals who are otherwise eligible for a CALPIA assignment are restricted as follows:
(1) All incarcerated individuals assigned to a work/training position within CALPIA, pursuant to Penal Code (PC) Section 5071, must not have access to personal information of private individuals.
(2) Incarcerated individuals convicted of a PC Section 290 offense must not be assigned to the CALPIA optical program.
(3) Incarcerated individuals convicted of forgery, fraud, counterfeiting, or embezzlement must not be assigned to the CALPIA Specialty Print Plants.
(4) Incarcerated individuals who have any of the following history must not be placed in assignments that provide access to a computer:
(A) Computer fraud or abuse, as defined in PC Section 502; or
(B) Telephone fraud or abuse, as defined in PC Section 502.7(b); or
(C) Any documented institutional disciplinary action, as described in sections 3000 and 3312 of Title 15, involving the use of a computer to conduct unauthorized activity not related to the intended work tasks of CDCR or CALPIA.
(d) The following factors must be taken into consideration on a case-by-case basis when determining the assignment or re-assignment of an incarcerated individual to a CALPIA program:
(1) Incarcerated individuals with prior history of disciplinary actions, or disciplinary measures that resulted in removal from a CALPIA program may be considered for a reassignment based upon the incarcerated individual's conduct of a minimum of six (6) months of disciplinary-free conduct.
(2) Incarcerated individuals with Close Custody designation may be considered for a CALPIA assignment that meets the requirements identified in California Code of Regulations (CCR), Title 15, Division 3, Section 3377.1(a)(2)(B) through (a)(2)(D) or (a)(3)(B) through (a)(3)(D) on a case-by-case basis, with the approval of the Warden at the institution/facility.
(3) Institutions/facilities with a transient population resulting in incarcerated individual worker unavailability may utilize incarcerated individuals with Life sentences, but must not exceed twenty-five percent of the workforce per institution/facility.
(4) Institutions/facilities with a population resulting in incarcerated individual worker unavailability may utilize incarcerated individuals with LWOP sentences with the approval of the Warden at the institution/facility on a case-by-case basis.

Credits

Note: Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2702, 2801, 2805 and 5071, Penal Code; Armstrong v. Davis, 318 F.3d 965, 968-9 (9th Cir. 2003); Armstrong v. Davis, 275 F.3d 849, 879 (9th Cir. 2001), cert. denied 2002 U.S. LEXIS 5480 (U.S. Oct. 2002); Armstrong v. Wilson, 124 F.3d 1019, 1020-21 (9th Cir. 1997); Pa. Dep't of Corr. v. Yeskey, 524 U.S. 206 (1998); and Hecker v. CDCR, Docket 2:05-CV-02441-LKK-JFM (E.D. Cal.).
History
1. Amendment of article heading and new section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
2. Amendment filed 8-6-2015; operative 10-1-2015 (Register 2015, No. 32).
3. Amendment of subsection (b)(3) filed 3-14-2017; operative 7-1-2017 (Register 2017, No. 11).
4. Amendment of subsections (a), (b)(3)(C), (c)(4)(A)-(C), (d)(2) and (e)(1)(A)-(B) and amendment of Note filed 12-21-2017; operative 4-1-2018 (Register 2017, No. 51).
5. Change without regulatory effect amending section filed 7-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 31).
6. Change without regulatory effect amending subsections (b), (c)-(c)(4), (d), (d)(3) and (e) filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).
7. Change without regulatory effect amending subsections (a)-(b), (b)(3)(B), (c), (d)(2), (e)(1) and (e)(1)(B) filed 6-7-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 23).
8. Change without regulatory effect amending article heading and repealing subsections (e)-(e)(1)(B) filed 4-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 16).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 8004, 15 CA ADC § 8004
End of Document