Section 3331 - Conditions of Detention(a) Insofar as the safety and security of institution and for persons will permit, the physical facilities of designated disciplinary detention units will approximate those housing general population incarcerated persons.(b) Quarters. Where adequate and secure facilities are available and the number of incarcerated persons assigned to designated disciplinary detention units permit, incarcerated persons so assigned will be housed in single occupancy quarters. When the use of multiple occupancy quarters is necessary, the number of incarcerated persons so assigned will not exceed the capacity of beds for which such quarters are equipped except as a temporary emergency measure. The office of the deputy director-institutions or the departmental duty officer will be notified when such an emergency exists for longer than 24 hours. Institution and department efforts will be coordinated as necessary to resolve the overcrowding situation as quickly as possible.(c) Personal Items. (1) Incarcerated persons will not be permitted to use or possess items of personally owned property, such as radios, television sets, tape players, musical instruments, and typewriters while undergoing disciplinary detention. Personal items necessary for health and hygiene may be used if such items are not available for issue by the institution.(2) Incarcerated persons will not be permitted to purchase, use or possess edible or consumable canteen items while undergoing disciplinary detention.(3) Incarcerated persons may be deprived of the use of personally owned clothing and footwear while undergoing disciplinary detention when adequate state clothing and footwear are issued. No incarcerated person in disciplinary detention will be required to wear clothing that significantly differs from that worn by other incarcerated persons in the unit, except that temporary adjustments may be made for security reasons and for protection from self inflicted harm. No incarcerated person will be clothed in any manner intended to degrade the incarcerated person.(d) Meals. Incarcerated persons in disciplinary detention shall be fed the same meal and ration as is provided for general population incarcerated persons. Meals served shall supply approximately 2500 calories per day.(e) Mail. The sending and receiving of first class mail will not be restricted while an incarcerated person is undergoing disciplinary detention. Delivery or issue of packages, publications and newspapers will be withheld during disciplinary detention.(f) Visits. Incarcerated persons undergoing disciplinary detention retain the right to have personal visits. Privileges and amenities associated with visiting including physical contact with visitors may be suspended during the disciplinary detention period. When the number, length or frequency of visits are limited, the incarcerated person will be permitted to choose who will visit from among persons approved to visit before the detention period began.(g) Personal Cleanliness. Incarcerated persons undergoing disciplinary detention will be provided the means to keep themselves clean and well-groomed. Haircuts will be provided as needed. Showering and shaving will be permitted at least three times a week.(h) Exercise. Incarcerated persons undergoing disciplinary detention will be permitted a minimum of one hour per day, five days per week, of exercise outside their cells unless security and safety considerations preclude such activity.(i) Reading Material. State supplied reading material will be provided for incarcerated persons undergoing disciplinary detention. Such material may be assigned to disciplinary detention units from the incarcerated person library and will represent a cross section of material available to the general population. At the discretion of the warden or superintendent, incarcerated persons enrolled in educational programs who have textbooks in their personal property may be permitted to study such material while undergoing disciplinary detention.(j) Legal Material. Incarcerated persons undergoing disciplinary detention will not be limited in their access to the courts. Legal resources may be limited to pencil and paper, which will be provided upon request, for correspondence with an attorney or preparation of legal documents for the courts. Other legal material in an incarcerated person's personal property may be issued to an incarcerated person in disciplinary detention if litigation was in progress before detention commenced and legal due dates are imminent.(k) Privileges. All privileges generally associated with the incarcerated person's work/training incentive groups status will be suspended during a period of disciplinary detention. This includes but is not limited to: personal nonemergency telephone calls, handicraft activities, use of recreational equipment, and the viewing of television, and other privileges.(l) Restrictions. A written report by the administrator or supervisor in charge of a disciplinary detention unit will be submitted to the chief disciplinary officer whenever an incarcerated person undergoing disciplinary detention is deprived of any usually authorized item, activity or privilege. A special report to the chief disciplinary officer and to a classification committee will be made when an incarcerated person's circumstances indicate a continuing need for separation from general population or from specific persons.Cal. Code Regs. Tit. 15, § 3331
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code.
1. Amendment of subsection (k) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
2. Amendment of subsection (d) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
3. Amendment of subsection (c)(2) and amendment of Note filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
5. Change without regulatory effect amending subsection (e) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
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).