Section 3298 - Hunger Strike(a) The following terms are defined for the purposes of this section: (1) Hunger Strike Participant is an incarcerated person who has refused to consume any food, including canteen, for nine consecutive meals, either individually or as part of a mass hunger strike, with the objective of achieving a goal.(2) Initiation of Hunger Strike is the day the incarcerated person has refused their ninth consecutive meal.(b) When a staff member becomes aware of an incarcerated person who has refused to consume any food for nine consecutive meals, the staff member shall notify the respective facility or unit Sergeant or Lieutenant where the incarcerated person is housed prior to being relieved from duty.(c) Prior to being relieved from duty, the facility or unit Sergeant or Lieutenant shall: (1) Interview the incarcerated person,(2) Make every effort to resolve the hunger strike, and(3) Document initial hunger strike information on CDCR Form 128-HS (07/24), Initial Hunger Strike Chrono, which is incorporated by reference.(d) If the hunger strike participant has resumed eating, the staff member who observed the incarcerated person eat shall document the conclusion of the hunger strike on a CDC Form 128-B (Rev. 04/74), General Chrono, which is incorporated by reference. The staff member shall complete and distribute the CDC Form 128-B to their supervisor, the facility or unit Sergeant or Lieutenant, and the clinic Registered Nurse or Health Care Staff designee prior to being relieved of duty.Cal. Code Regs. Tit. 15, § 3298
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 549.61, Title 28, Code of Federal Regulations.
1. New article 3.5 and section filed 11-26-2024; operative 11/26/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 48).