Cal. Code Regs. tit. 15 § 3343

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3343 - Release from Restricted Housing

(a) Release from restricted housing shall occur at the earliest possible time in keeping with the incarcerated person's case factors and reasons for the incarcerated person's placement in restricted housing.

(b) The Institution Classification Committee (ICC) may release an incarcerated person from restricted housing to an available and appropriate bed pending Classification Staff Representative review for alternate placement consideration at another institution. Unless otherwise specified in this section, if the current institution has other available and appropriate non-restricted housing, the ICC may release the incarcerated person to that program pending review by a Classification and Parole Representative who has local endorsement authority in this circumstance.

(c) Incarcerated persons released from restricted housing are considered General Population incarcerated persons and are no longer subject to the requirements of this article. If immediate release to the general population is impractical for reasons identified in section 3335, a new automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, shall be issued and addressed in accordance with sections 3335, 3336, and 3340.

Cal. Code Regs. Tit. 15, § 3343

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(d) and 5054, Penal Code.

1. Amendment of subsections (e), (f) and (j) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
2. Amendment of subsection (f) filed 8-15-89; operative 9-14-89 (Register 89, No. 33).
3. Amendment 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12/3/2015 (Register 2015, No. 49).
5. Amendment of subsection (m) filed 3-7-2017; operative 3/7/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 10).
6. Renumbering of former section 3343 to section 3348 and new section 3343 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 3343 to section 3348 and new section 3343 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 amendment of subsections (b)-(c), 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).