Section 3335.1 - Exclusions(a) Removal of an incarcerated person from the General Population (GP) for the reasons described in this section is not considered placement in restricted housing and is specifically excluded from the other provisions of this article.(b) Medical. When an incarcerated person is removed from the GP for medical or psychiatric reasons by order of healthcare staff and the incarcerated person's placement is in a medical setting or in other housing as a medical quarantine, the incarcerated person will not be deemed a Restricted Housing incarcerated person for the purpose of this article. Restricted Housing incarcerated persons with healthcare concerns shall remain on restricted housing status, regardless of housing.(c) Lay-Over. Newly received incarcerated persons in transit or lay-over status may be restricted to assigned quarters for that purpose. Such restrictions should not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing. If restricted housing is used for this purpose, such placement shall be in accordance with the provisions of Subchapter 4, Article 7.(d) Orientation. Newly received incarcerated persons may be restricted to assigned quarters for that purpose. Such restrictions should not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing. If restricted housing is used for this purpose, such placement shall be in accordance with the provisions of Subchapter 4, Article 7.(e) Disciplinary Detention. Placement in disciplinary detention as an ordered action of a disciplinary hearing is not subject to the provisions of this article.(f) Confinement to Quarters. Confinement to quarters as an ordered action of a disciplinary hearing is not subject to the provisions of this article.(g) Protective Housing Unit (PHU). A PHU houses incarcerated persons whose safety would be endangered by general population incarcerated persons, and provides secure housing and care for incarcerated persons with safety concerns of such magnitude that no other viable housing options are available, subject to approval by the Departmental Review Board (DRB). (1) An incarcerated person meeting all of the following criteria may be placed in PHU: (A) The incarcerated person does not require restricted housing placement for reasons other than protection.(B) The incarcerated person is not documented as an affiliate of an STG-I.(C) An Institution Classification Committee has determined that the incarcerated person does not pose a threat to the safety or security of other incarcerated person similarly housed in the PHU.(D) The incarcerated person has specific, documented, and verified safety and/or enemy concerns, capable of causing and likely to cause the incarcerated person great bodily injury if placed in the general population.(E) The incarcerated person has notoriety likely to result in great bodily injury to the incarcerated person if placed in the general population.(F) There is no alternative placement available that can both ensure the incarcerated person's safety and provide the level of custody required for the appropriate control of the incarcerated person's movement.(2) The incarcerated person's uncorroborated personal report, the nature of their commitment offense or a record of prior protective custody shall not be the sole basis for PHU placement.(3) The Departmental Review Board (DRB) shall retain sole authority for incarcerated person placement in and removal from PHU.Cal. Code Regs. Tit. 15, § 3335.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
1. Renumbering and amendment of former section 3335.5 to new section 3335.1 filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
2. Renumbering and amendment of former section 3335.5 to new section 3335.1 refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
4. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (b) and (g)(1)(D), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).