(a) If departmental staff receives a written claim from a claimant alleging staff misconduct toward an incarcerated or supervised person, the departmental staff receiving the claim shall refer the claim to the Centralized Screening Team (CST) and notify their supervisor to determine if it contains information constituting an imminent risk to personal safety, institutional security, or involves sexual abuse or acts of sexual misconduct as defined by the federal Prison Rape Elimination Act (PREA) and the California Sexual Abuse in Detention Elimination Act.(b) Allegations of staff misconduct not involving an incarcerated or supervised person shall not be referred to CST. If a claim is received by CST that does not contain allegations involving misconduct towards an incarcerated or supervised person, CST shall refer the claim to the hiring authority.(c) Claims of misconduct not involving departmental staff.(1) If a hiring authority receives a claim of misconduct, that does not involve departmental staff, the hiring authority shall advise the claimant that the subject of the claim is not employed by CDCR and is outside the department's jurisdiction.(2) For all allegations of misconduct, excluding sexual abuse or sexual misconduct allegations as defined in PREA and the California Sexual Abuse in Detention Elimination Act., the claimant shall be advised to file a claim directly with the appropriate outside entity.(3) For allegations of sexual abuse or sexual misconduct as defined by PREA and the California Sexual Abuse in Detention Elimination Act, the hiring authority receiving the claim shall notify the appropriate outside entity of the allegations as required by law, and inform the claimant of this referral.(d) Verbal Claims (1) Departmental staff shall document in writing any verbal claims received that involve an allegation that an incarcerated or supervised person was subject to unnecessary or excessive use of force or sexual abuse, including acts of sexual misconduct as defined by the federal Prison Rape Elimination Act and the California Sexual Abuse in Detention Elimination Act. If either of the above circumstances apply, the departmental staff shall refer the claim to CST if it involves a staff on offender claim, and immediately forward the claim to their hiring authority. If the subject of the claim is a hiring authority, the allegation shall be referred to the hiring authority's supervisor.(2) For all other verbal claims, departmental staff shall provide the reporting party with information on how to submit their claim in writing.(e) The CST shall review all claims it receives that involve an incarcerated or supervised person and make one of the following screening decisions: (1) Claims challenging departmental policy shall be referred to the Office of Grievances for a policy review;(2) Claims requesting a reasonable accommodation shall be referred to the Office of Grievances for a reasonable accommodation review.(3) Allegations of staff misconduct which include complex issues requiring specialized investigative skills or resources shall be referred for an investigation;(4) Allegations of staff misconduct which do not include complex issues requiring specialized investigative skills or resources shall be referred to the Office of Grievances for a routine review; or(5) Notwithstanding subsections (1) through (4) above, claims related to health care services or staff, excluding allegations of staff misconduct referred for investigation, shall be referred to the Division of Health Care Services.(f) Assigned CST staff shall review each document received to determine if it contains information constituting an imminent risk to personal safety, institutional security, or involves sexual abuse or acts of sexual misconduct as defined by the PREA and the California Sexual Abuse in Detention Elimination Act. In those instances, CST shall immediately notify the hiring authority of the affected institution or program for appropriate action.(g) The CST may conduct a clarification interview if required to make a screening decision. The clarification interview shall be conducted in a manner that provides as much privacy for the claimant as operationally feasible.(h) CST's Screening Decision shall be documented in the department's information technology system.(i) The hiring authority shall be notified of CST's screening decision via the department's information technology system.Cal. Code Regs. Tit. 15, § 3486.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644 and 5054, Penal Code; 28 CFR Part 115, Code of Federal Regulations; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW; Madrid v. Woodford, Special Masters Final Report Re: Department of Corrections Post Powers Investigations and Employee Discipline; Case No. C90-3094-T.E.H; Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644 and 5054, Penal Code; 28 CFR Part 115 , Code of Federal Regulations; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW; Madrid v. Woodford, Special Masters Final Report Re: Department of Corrections Post Powers Investigations and Employee Discipline; Case No. C90-3094-T.E.H; Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.
1. New section filed 12-28-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6/13/2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including amendments, transmitted to OAL 9-9-2022 and filed 10/20/2022 (Register 2022, No. 42). Effective on filing based on good cause pursuant to Government Code section 11343.4(b)(3).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
5. Amendment filed 12-26-2024 as an emergency; operative 1/1/2025 (Register 2024, No. 52). A Certificate of Compliance must be transmitted to OAL by 6-10-2025 or emergency language will be repealed by operation of law on the following day.