Section 3317.1 - Documenting Rules Violations in an Alternate Manner for Incarcerated Persons in the Mental Health Services Delivery System or the Developmental Disability Program(a) If the incarcerated person's behavior was so strongly influenced by symptoms of mental illness or developmental disability/cognitive or adaptive functioning deficits at the time the rules violation occurred, mental health staff may recommend via the CDCR Form 115-MH-A that the incarcerated person would be better served by having the behavior documented in an alternate manner. The Captain shall review the Rules Violation Report (RVR) and all other documents and information relevant to the charge, as well as the recommendation offered by the clinician on the CDCR Form 115-MH-A.(b) Based on his or her review, the Captain shall do one of the following: (1) If the Captain does not agree with the clinician's recommendation, the Captain shall document their reasoning for proceeding with the disciplinary hearing on a CDC Form 128-B. The hearing officer shall proceed with hearing the Rules Violation Report as serious or administrative based on the nature of the specific charge(s). A copy of the CDC Form 128-B shall be attached to the RVR and forwarded to the hearing officer for adjudication. A copy of the CDC Form 128-B shall be issued to the incarcerated person no less than 24 hours prior to a hearing.(2) If the Captain agrees with the clinician's recommendation, the Captain shall either; reduce the level of the RVR on a Counseling Only Rules Violation Report for minor misconduct, or void the RVR and document the behavior via a CDC Form 128-B.(c) If the Captain elects to void the RVR the hearing officer shall document the decision via a memorandum and attach a copy to the CDCR Form 1154 (Rev. 07/24), Disciplinary Action Log, which is incorporated by reference.(d) The Captain shall provide his or her decision and return the RVR and supporting documentation to the hearing officer as soon as possible, but no later than five calendar days from the date of receipt.Cal. Code Regs. Tit. 15, § 3317.1
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. New section filed 11-17-2015 as an emergency; operative 11-17-2015 (Register 2015, No. 47). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-17-2015 order, including amendment of subsection (a) and repealer of subsection (d), transmitted to OAL 4-20-2016 and filed 5-24-2016; amendments operative 5/24/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 22).
3. Amendment filed 6-2-2016 as an emergency; operative 6/2/2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-2-2016 order, including amendment of subsection (b)(2), transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective 12/22/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 52).
5. Change without regulatory effect amending section heading and subsections (a), (b)(1) and (c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).