Cal. Code Regs. tit. 15 § 1055

Current through Register 2024 Notice Reg. No. 17, April 26, 2024

Section 1055 - Use of Safety Cell

The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those people who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate authority to place an incarcerated person in a safety cell to a physician. Policies and procedures shall include, but not be limited to:

(a) In no case shall the safety cell be used for punishment or as a substitute for treatment.

(b) A person shall be placed in a safety cell only with the approval of the facility manager or designee, or responsible health care staff; continued retention shall be reviewed a minimum of every four hours.

(c) A medical assessment shall be completed as soon as possible, but not more than 12 hours from the time of placement in the safety cell. The person shall be medically cleared for continued retention, referral to advanced treatment, or removal from the safety cell a minimum of every 24 hours thereafter.

(d) The facility manager, designee or responsible health care staff shall obtain a mental health opinion/consultation with responsible health care staff on placement and retention, which shall be secured as soon as possible, but not more than 12 hours from placement.

(e) Direct visual observation shall be conducted at least twice every 30 minutes, with no more than a 15-minute lapse between safety checks. Such observation shall be documented.

(f) Procedures shall be established to assure administration of necessary nutrition and fluids.

(g) People placed in the safety cell shall be allowed to retain sufficient clothing, or be provided with a suitably designed "safety garment," to provide for their personal privacy unless specific identifiable risks to the person's safety or to the security of the facility are documented.

Cal. Code Regs. Tit. 15, § 1055

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Change without regulatory effect amending first paragraph filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
6. Amendment of first paragraph and new second paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Amendment of first and third paragraphs filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
8. Amendment of first paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
9. Change without regulatory effect amending first paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
10. Amendment of third paragraph and NOTE filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
11. Amendment filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
12. Amendment filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).

Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Change without regulatory effect amending first paragraph filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
6. Amendment of first paragraph and new second paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Amendment of first and third paragraphs filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
8. Amendment of first paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
9. Change without regulatory effect amending first paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
10. Amendment of third paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
11. Amendment filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).
12. Amendment filed 11-17-2022; operative 1/1/2023 (Register 2022, No. 46).