Section 3336 - Administrative Review of Restricted Housing Unit Placement(a) The purpose of the administrative review is to determine if the reason(s) for restricted housing placement is appropriate and whether continued restricted housing status retention is necessary, in accordance with the provisions of this article.(b) An incarcerated person's restricted housing placement shall be reviewed for retention or release by staff at the level of Captain, Correctional Counselor III (CCIII), or higher on the first business day following such placement. The review shall include the incarcerated person's case factors, reason(s) for restricted housing, and an interview with the incarcerated person unless the incarcerated person refuses to participate. (1) Administrative reviews shall not be conducted by the staff member who authorized the initial restricted housing placement.(2) An acting Captain in an official out-of-class assignment may conduct an administrative review; however, if the acting Captain is not in an official out-of-class assignment, an Associate Warden (AW) shall conduct a subsequent review that same day. If the reviewing AW is also in an acting capacity, their permanent rank shall be no lower than Captain or CCIII.(3) When required, the Administrative Reviewer shall document the need for effective communication accommodation or assistance, the provision of any assistance provided that is consistent with the incarcerated person's disability or communication need, the method staff used to determine the incarcerated person understood, and documentation of the presence of a Staff Assistant (SA) when required.(4) The incarcerated person shall be released to the GP if the Administrative Reviewer deems continued restricted housing placement unnecessary.(5) When releasing or rescinding an initial restricted housing placement prior to the initial Institution Classification Committee (ICC), prior to release, the releasing authority shall: (A) Consult with the Captain or designee from the facility where the incarcerated person is to be housed.(B) Document the reason(s) for the decision on the automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference. The explanation of the reason(s) shall include the information and evidence relied upon for the action taken.(C) Provide the incarcerated person a copy of the automated RHUPN (Rev. 11/23).(6) If restricted housing placement is deemed appropriate, the Administrative Reviewer shall retain the incarcerated person in restricted housing and address the appropriate cell status pending the ICC hearing. If placement is based on an investigation into safety concerns and the Administrative Reviewer determines placement does not appear to be based on the incarcerated person's own misconduct, the Administrative Reviewer may grant temporary Non-Disciplinary Restricted Housing for privileges and access to property pending ICC review. The determination shall be based on a review of the circumstances of placement, including any confidential documents and an interview with the incarcerated person.(7) The decision rendered shall be documented on the automated RHUPN (Rev. 11/23). This documentation shall include an explanation of the reason(s) for retention and the information and evidence relied upon.(c) The Administrative Reviewer shall ensure the following procedural safeguards are afforded to the incarcerated person in anticipation of the ICC hearing and that any necessary efforts to ensure effective communication are provided and documented.(1) Staff Assistance. The Administrative Reviewer shall determine the need for a Staff Assistant (SA) in accordance with section 3344 and document on the automated RHUPN (Rev. 11/23).(2) Investigative Employee (IE). If an incarcerated person requests witnesses or the assistance of an IE, the Administrative Reviewer may assign an IE in accordance with section 3344 and document on the automated RHUPN (Rev. 11/23).(3) Incarcerated Person Waiver. An incarcerated person may waive their right to the 72-hour preparation time in writing by signing and acknowledging the waiver on the automated RHUPN (Rev. 11/23), pursuant to subsection 3340(a)(2).Cal. Code Regs. Tit. 15, § 3336
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. Change without regulatory effect amending first paragraph filed 3-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 12).
2. Amendment of section heading and repealer and new section filed 6-1-2015 as an emergency; operative 6-1-2015 (Register 2015, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12/3/2015 (Register 2015, No. 49).
4. Amendment of subsections (b)(3), (b)(6) and (c)(1)-(c)(3) filed 6-9-2020; operative 10/1/2020 (Register 2020, No. 24).
5. Amendment of subsections (c)(1)-(2) filed 11-30-2021; operative 1/1/2022 (Register 2021, No. 49).
6. Amendment of section heading, section and NOTE 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.
7. Amendment of section heading, section and NOTE 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.
8. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
9. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (b)(2), (b)(5)(B)-(b)(7) and (c)(1)-(3), 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).