Cal. Code Regs. tit. 15 § 3269.3

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 3269.3 - Sensitive Needs Yard Designation Process
(a) The following processes shall be used for evaluation, documentation, approval or disapproval of, and removal from a Sensitive Needs Yard (SNY) designation.
(1) Reception Center.
(A) Incarcerated person expresses Safety Concerns and requests SNY designation.
1. The assigned Correctional Staff shall complete an evaluation of the incarcerated person's alleged Safety Concerns utilizing all available incarcerated person information, including, but not limited to:
a. Court documents (e.g., Abstract of Judgment, probation report, arrest report, Minute Order, and sentencing transcripts).
b. If applicable, prior incarceration documentation (e.g., Incident Report, Rules Violation Report, non-confidential and confidential documentation, classification reports, and prior housing reviews).
c. County jail documentation (e.g., misconduct reports, non-confidential and confidential informational documentation, and housing reviews).
d. Any applicable parole or probation documentation (e.g., Security Threat Group (STG) affiliation report, non-confidential and confidential documents, and violation reports).
e. Any safety related information provided by the requesting incarcerated person.
2. The assigned Correctional Staff shall document their findings of the incarcerated person's alleged Safety Concerns and make a recommendation pursuant to subsections 3269.2(b) --(c) on a Confidential Chrono pursuant to section 3321. However, if the recommendation is to approve SNY designation pursuant to subsection 3269.2(a), the Correctional Counselor I shall make the appropriate Administrative Determinant and Institution Recommendation on the Institutional Staff Recommendation Summary.
3. The Correctional Counselor II Supervisor shall either concur or not concur with the Correctional Counselor I recommendation pursuant to subsections 3269.2(b) --(c) on the Institutional Staff Recommendation Summary, or return the Institutional Staff Recommendation Summary to the Correctional Counselor I for correction.
4. The Classification Staff Representative (CSR) shall either approve the Institutional Staff Recommendation Summary for SNY administrative determinant designation or return the case for correction pursuant to subsection 3269.2(b) --(c).
5. During Reception Center processing, if an incarcerated person is returning to prison with a prior SNY designation, the incarcerated person shall be re-evaluated to determine if the incarcerated person meets SNY designation criteria in subsections 3269.2(b)-(c).
(2) General Population Housing.
(A) Incarcerated person expresses Safety Concerns and requests SNY designation.
1. The assigned correctional staff shall complete an evaluation of the incarcerated person's alleged Safety Concerns utilizing all available incarcerated person information, including, but not limited to:
a. Court documents (e.g., Abstract of Judgment, probation reports, arrest report, Minute Order, and sentencing transcripts).
b. If applicable, prior incarceration documentation (e.g., Incident Report, Rules Violation Report, non-confidential and confidential documentation, classification reports, and prior housing reviews).
c. County jail documentation (e.g., misconduct reports, non-confidential and confidential informational documentation, and housing reviews).
d. Any applicable parole or probation documentation (e.g., STG affiliation report, non-confidential and confidential documents, and violation reports).
e. Any safety related information provided by the requesting incarcerated person.
2. The assigned correctional staff shall document the findings from their evaluation on a Confidential Incarcerated Safety Closure Report, pursuant to sections 3000 and 3321.
3. The Institution Classification Committee (ICC) shall review the correctional staff's Confidential Incarcerated Safety Closure Report and make a recommendation of the incarcerated person's Safety Concerns pursuant to subsections 3269.2(b)-(c).
4. The CSR shall either approve or disapprove the Institution Classification Committee recommendation for SNY administrative determinant designation pursuant to subsections 3269.2(b)-(c).
(3) Sensitive Needs Yard
(A) An incarcerated person's SNY designation may be removed. A Confidential Incarcerated Safety Closure Report, pursuant to sections 3000 and 3321 shall be required before the ICC makes their recommendation. The ICC may recommend removal of an incarcerated person's SNY designation in accordance with either of the following:
1. The incarcerated person requests removal of SNY designation.
2. The ICC determines the incarcerated person's current SNY designation is based on subsection 3269.2(c).
3. The CSR shall either approve or disapprove the ICC recommendation to remove the incarcerated person's SNY administrative determinant designation pursuant to subsections 3269.2(b)-(c).

Cal. Code Regs. Tit. 15, § 3269.3

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

1. New section filed 11-14-2022; operative 11/14/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).
2. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).