Section 3340 - Classification Hearing of Restricted Housing Placements(a) The need to retain an incarcerated person in restricted housing shall be determined by the ICC. (1) The initial ICC hearing shall be held within ten (10) calendar days after the date the incarcerated person was initially placed in restricted housing. Voluntary extension of this time frame by the incarcerated person is not permitted.(2) The incarcerated person shall be allowed at least 72 hours to prepare for the ICC classification hearing. However, the incarcerated person may waive this procedural safeguard, after the Administrative Reviewer considers the need for a Staff Assistant (SA) and the incarcerated person does not require an SA.(3) In addition to a copy of the automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, provided to the incarcerated person at the time of placement in restricted housing in accordance with subsection 3335(c)(3), the incarcerated person shall be provided copies of all additional documentation concerning the reasons for restricted housing placement at least 24 hours prior to the ICC hearing. Confidential information pertaining to the case shall be afforded to the incarcerated person in accordance with subsection 3321(b)(3).(4) Incarcerated persons not requiring an SA, in accordance with section 3344, may waive the 24-hour period for documentation review. Waivers shall be formally noted in the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference.(5) Exceptions to the incarcerated person's physical presence at the hearing shall be permitted in accordance with subsections 3320(g) or 3375(f)(3). The reasons for any hearing conducted without the presence of the incarcerated person shall be recorded within the automated Classification Committee Chrono (Rev. 05/19).(6) If the incarcerated person refuses or is unable to attend the hearing, a staff member shall query the incarcerated person on behalf of the ICC and convey all relevant information to the ICC to consider in making their decision, which shall be recorded within the automated Classification Committee Chrono (Rev. 05/19).(7) The SA, if one is assigned, shall be at the hearing even if the incarcerated person is not present.(b) The primary purpose of the initial ICC hearing is to determine the need for continued retention in restricted housing. Consistent with the criteria set forth in section 3335, the ICC review shall be based on the documented case-specific circumstances of the automated RHUPN (Rev. 11/23) and any other disciplinary, IE report or other available information that may impact placement. The ICC shall ensure that all applicable procedural safeguards are uniformly applied to each incarcerated person placed in restricted housing and record their findings on an automated Classification Committee Chrono (Rev. 05/19) in accordance with subsection 3375(g), including any evidence or documentation relied upon, with a copy issued to the incarcerated person. (1) The classification committee shall consider all available information, including incarcerated person comments, when determining the appropriate exercise yard group and any housing restrictions.(2) The incarcerated person's yard assignment and housing status shall be reviewed at each ICC appearance and modified as necessary.(c) Any incarcerated person retained in restricted housing at the initial ICC hearing shall be presented to a CSR within 30 days of the hearing date for review and approval. Subsequent ICC reviews shall proceed in accordance with the following timelines, considering any applicable projected Restricted Housing Unit Maximum Release Date (RHU MRD), as defined in section 3000, until the incarcerated person is released to the GP:(1) At intervals of not more than 180 days: when a pending Restricted Housing Unit (RHU)-assessable Rules Violation Report (RVR) is postponed pending a court proceeding or the District Attorney (DA) decision for possible prosecution of referred cases. Restricted housing extension requests specific to pending disciplinary matters shall identify the incarcerated person's intent to postpone the disciplinary hearing, as well as the status of the pending DA referral. Upon resolution of such matters, an ICC shall review the incarcerated person's case within 14 calendar days. Incarcerated persons who have postponed their RVR pending a court proceeding or a referral to the DA shall not be retained in RHU past the anticipated projected RHU MRD unless ICC has reason to believe, based on the incarcerated person's disciplinary history and other case factors, including the existence of overwhelming evidence supporting an immediate threat to the security of the institution or the safety of others, that referral to the Departmental Review Board (DRB) is necessary for: 1) assessment of Administrative RHU status for the safety and security of the institution or persons, following the adjudication of the RVR; or2) the incarcerated person's safety needs will require appropriate housing determination. In these cases, a new automated RHUPN (Rev. 11/23) shall be immediately prepared and issued, clearly articulating the reasons for continued retention, in accordance with section 3335.(2) At intervals of not more than 90 days: when a restricted housing incarcerated person is pending a GP transfer.(3) At intervals of not more than 90 days: until a RHU-assessable RVR is adjudicated and the matter is not pending referral for prosecution. Upon resolution of such matters, an ICC shall review the incarcerated person's case within 14 calendar days.(4) At intervals of not more than 30 days: pending completion of an investigation into the safety of any person. If the complexity of the issues (e.g., safety/enemy concerns, institutional security, serious misconduct or criminal activity) require further investigation, up to a 90-day extension may be requested. Should the completed investigation result in the issuance of an RVR and/or referral to the DA for criminal prosecution, the ICC shall review the case in accordance with the schedule set forth in subsections (1) or (3), above. Upon resolution of such matters, an ICC shall review the incarcerated person's case within 14 calendar days.(5) At the pre-RHU MRD and at intervals of not more than 90 days: when retention is warranted due to the incarcerated person being referred to the DRB for an Administrative RHU term.(6) At intervals of not more than 90 days: upon receipt of an incarcerated person's request to initiate the Debrief Process, in accordance with CCR section 3378.5.(d) Subsequent ICC reviews shall be in accordance with subsection (c) of this section. All cases shall be presented to the CSR prior to the expiration of a previously approved CSR extension.(e) Incarcerated persons in restricted housing who have an imposed RHU term, but are pending other unresolved case considerations, shall be reviewed by the ICC in accordance with section 3341.(f) RHU classification decisions, including notification of the reasons for a classification hearing, housing restrictions, and yard assignment shall be documented on the automated Classification Committee Chrono (Rev. 05/19), with a copy provided to the incarcerated person.Cal. Code Regs. Tit. 15, § 3340
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Wright v. Enomoto (1976) 462 F.Supp. 397; and Toussaint v. McCarthy (9th Cir. 1986) 801 F.2d 1080, cert. denied, 481 U.S. 1069.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Coleman v. Wilson 912 F. Supp. 1282 (E.D. Cal. 1995); and Clark v. California 123 F. 3d 1267 (9th Cir. 1997).
1. Renumbering of former section 3340 to section 3335.5 and new section 3340 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.
2. Certificate of Compliance as to 6-1-2015 order, including amendment of subsection (d)(2), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective 12/3/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).
3. Amendment of subsection (g)(1)(B) 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 transmitted to OAL 11-7-2016 and filed 12/22/2016 (Register 2016, No. 52).
5. Amendment of first paragraph and subsections (d)(2), (g)(1)(A), (j) and (k)(2) filed 6-9-2020; operative 10/1/2020 (Register 2020, No. 24).
6. Renumbering of former section 3340 to section 3344 and renumbering of former section 3337 to section 3340, including amendment of section heading and section, 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. Renumbering of former section 3340 to section 3344 and renumbering of former section 3337 to section 3340, including amendment of section heading and section, 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 (a)(1)-(6), (b), (c)(1), (c)(3)-(4) and (f) and amendment of NOTE, 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).