Section 3320.1 - Hearings for Transferred Incarcerated Persons(a) An incarcerated person's pending disciplinary hearing shall be conducted before the incarcerated person is transferred to another facility unless any one of the following circumstances apply:(1) An emergency transfer to a higher security level is necessary based on charges of involvement in a major disturbance or serious incident.(2) The incarcerated person is charged with escape from a Level I or II facility and will not be returned to the facility from which the incarcerated person escaped.(3) The incarcerated person requires emergency medical or psychiatric treatment.(b) When an incarcerated person is transferred before a disciplinary hearing or a rehearing is ordered on the rule violation charges after the incarcerated person's transfer, one of the following methods shall be used to facilitate the disciplinary hearing process: (1) The incarcerated person may be returned to the facility where the violation occurred.(2) The institution head at the facility where the violation occurred may request the hearing be conducted by staff where the incarcerated person is currently housed or staff from the facility where the violation occurred may conduct the hearing at the facility where the incarcerated person is housed.(A) Facility staff where the rule violation occurred may appoint an investigative employee to conduct an investigation and prepare a report as outlined in section 3318.(B) If a staff assistant is appointed, the staff assistant shall be present at the disciplinary hearing.Cal. Code Regs. Tit. 15, § 3320.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 5054 and 5068, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 5054 and 5068, Penal Code.
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
8. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).