Section 3378.9 - Restricted Custody General PopulationThe Restricted Custody General Population (RCGP) may be established at any institution or facility the Department deems appropriate and will provide a general population housing alternative for incarcerated persons who have a substantial threat to their personal safety should they be released to the general population and are deemed appropriately housed, based upon a preponderance of evidence, by the Departmental Review Board (DRB).
(a) Programming for those incarcerated persons housed in the RCGP shall be comprised of at least 20 hours of out-of-cell time per week unless safety and security considerations preclude such activity. These programs provide increased opportunities for positive social interaction with other incarcerated persons and staff, including but not limited to: Alternative Education Program and/or small group education opportunities; yard (minimum of 10 hours per week) in small group yards as determined by ICC; access to religious services, support services job assignments and leisure time activity groups; access to GED, high school, and college level educational programs, with adequate academic support, and electrical appliances commensurate with the Authorized Personal Property Scheduled for the designated level of the facility and individual or small group yards as determined by ICC, which shall be a minimum of ten (10) hours per week.(b) All RCGP incarcerated persons will be scheduled for appearance before the Institutional Classification Committee (ICC) every 180 days in accordance with section 3376. For incarcerated persons with safety concerns, ICC shall verify whether there continues to be a demonstrated threat to the incarcerated person's personal safety; and if such threat no longer exists the case shall be referred to the DRB for determination of appropriate housing. If such threat continues, the ICC shall refer the case to the DRB every two years from the initial placement date, unless the ICC referred the case during a 180-day review and the DRB has rehoused the incarcerated person to general population housing.(c) All incarcerated persons participating in the RCGP will be placed on orientation status commensurate with the general population for a period of no more than 14 calendar days.(d) Application of restraint equipment for all RCGP incarcerated persons shall be in accordance with section 3268.2.(e) Incarcerated persons assigned to the RCGP for safety needs shall be addressed as follows: (1) During the RCGP Institutional Classification Committee, the assigned WG will be evaluated and retained unless case factors have changed which warrant modification of the assigned workgroup.(2) The incarcerated person shall be assigned a PG in accordance with subsection 3044(c). Privileges shall include:(A) RCGP incarcerated persons will be authorized to participate in both contact and non-contact visiting during other than assigned work/program hours. 1. The incarcerated person shall be allowed a minimum of one (1) contact visit every 60 days unless the incarcerated person incurs a disciplinary violation for which the loss of privileges imposes a restriction on visiting.2. Incarcerated persons will be allowed contact visits which shall be limited to approved visitors who have been pre-approved in accordance with the existing visiting regulations.(B) Incarcerated persons will be allowed to participate in family visiting, in accordance with section 3177.(C) Personal Property in accordance with the Authorized Personal Property Schedule for Level IV general population incarcerated persons.(D) Telephone call shall be commensurate with assigned PG.(3) Upon a guilty finding in a disciplinary hearing, the disposition may or when mandated include assessment of one (1) or more penalties in accordance with sections 3314 or 3315. RCGP incarcerated persons who receive a disciplinary violation which results in a loss of privileges, including restricted visiting, shall comply with the restrictions imposed in accordance with that loss of privileges.(f) When housing within the RCGP has been determined by ICC, but medical, mental health, mobility, or other case factors preclude the incarcerated person from being transferred to the RCGP, 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, HCPOP, and the 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 incarcerated person's overriding need for access to specific medical or mental health facilities will take priority over their housing in the RCGP. These incarcerated persons should receive all privileges identified within this section, unless the privilege will create a significant security concern. If the hiring authority determines that the RCGP privileges will be denied based on security concerns, the hiring authority shall contact the DAI Associate Director to obtain approval before denying the privileges.Cal. Code Regs. Tit. 15, § 3378.9
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. New section 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. New section 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, including amendment of subsections (b) and (h), 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).
4. 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.
5. 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.
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), (e)(2), (e)(2)(A)1.-2., (e)(3) and (f), 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).