Section 3378.10 - Termination of Security Threat Group (STG) Validation Status(a) STG-I or STG-II Associates:(1) A validated STG-I or STG-II associate in any type of general population, or an associate determined to have dropout status, who remains free of STG disciplinary behavior for a period of six (6) consecutive years, while incarcerated within CDCR, may be eligible to have their STG Validation Status terminated. The six (6) years will begin counting toward completion of the required time period as follows: (A) Validated Associates released from SDP to general population: the date upon which a committee approved release from restricted housing.(B) Validated Associates who remain in general population housing: the date of initial validation(C) Dropout status incarcerated persons: the date of the CDCR Form 128-B2 (Rev. 07/24) Security Threat Group Validation/Rejection Review, which is incorporated by reference, changing their status to "Dropout".(2) The criteria for consideration of terminating an STG Validation Status include: within the most recent six consecutive years (while incarcerated within CDCR institutions) with no guilty findings of STG related behavior or additional source criteria items totaling 10 points (as described in section 3378.2.)(3) Termination of the STG Validation Status will be evaluated during the next regularly scheduled Annual Review. The assigned counselor will review central file and notify the STG Investigator that the incarcerated person is being scheduled for consideration of terminating the STG Validation status. If eligible, the incarcerated person shall be referred to ICC for assessment and determination of terminating the STG status.(4) Upon ICC terminating an incarcerated person's validation status, the institution shall submit a copy of the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference, to the Office of Correctional Safety (OCS), who shall generate an updated CDCR Form 128-B2 (Rev. 07/24), Security Threat Group Validation/Rejection Review, which is incorporated by reference, reflecting "Terminated". The original CDCR Form 128-B2 shall be returned to the institution. Review by the STG Unit Classification Committee will not be required to review/approve this document.(5) Incarcerated persons who have had their STG status terminated shall be eligible to participate in any recognized housing/programs consistent with other general population incarcerated persons with similar case factors. If additional STG related behavior is subsequently discovered, a new validation package shall be required to change the incarcerated person's STG status.(b) STG-I or STG-II Members: (1) A validated STG-I or STG-II member in any type of general population, or a member determined to have dropout status, who remains free of STG disciplinary behavior for a period of eleven (11) consecutive years, while incarcerated within CDCR, may be eligible to have their STG Validation Status terminated. The eleven (11) years will begin counting toward completion of the required time period as follows: (A) Validated Members released from SDP to general population: the date upon which a committee approved release from segregation or restricted housing.(B) Validated Members who remain in general population housing: the date of initial validation.(C) Dropout status incarcerated persons: the date of the CDCR Form 128-B2 changing their status to "Dropout".(2) The criteria for consideration of terminating an STG Validation Status include: within the most recent eleven consecutive years while incarcerated within CDCR institutions there have been no guilty findings of STG related behavior or additional source criteria items totaling 10 points (as described in section 3378.2).(3) Termination of the STG Validation Status will be evaluated during the next regularly scheduled Annual Review. The assigned counselor will review central file and notify the STG Investigator that the incarcerated person is being scheduled for consideration of terminating the STG Validation status. If eligible, the incarcerated person shall be referred to ICC for assessment and determination of terminating the STG status.(4) Upon ICC terminating an incarcerated person's validation status, the institution shall submit a copy of the automated Classification Committee Chrono (Rev. 05/19) to OCS, who shall generate an updated CDCR Form 128-B2 reflecting "Terminated". The original CDCR Form 128-B2 shall be returned to the institution. Review by the STG Unit Classification Committee will not be required to review/approve this document.(5) Incarcerated persons, who have had their STG status terminated, shall be eligible to participate in any recognized housing/programs consistent with other general population incarcerated persons with similar case factors. If additional STG related behavior is subsequently discovered, a new validation package shall be required to change the incarcerated person's STG status.Cal. Code Regs. Tit. 15, § 3378.10
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
1. Renumbering and amendment of former section 3378.8 to section 3378.10 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.
2. Renumbering and amendment of former section 3378.8 to section 3378.10 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.
3. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).
4. Amendment of subsections (a)(1)-(a)(1)(A), (a)(4), (b)(1)-(b)(1)(A) and (b)(4) 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.
5. Amendment of subsections (a)(1)-(a)(1)(A), (a)(4), (b)(1)-(b)(1)(A) and (b)(4) 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.
6. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
7. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (a)(1) and (b)(1)-(b)(1)(A), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).