Section 3375.2 - Administrative Determinants(a) An inmate meeting one or more of the following administrative or irregular placement conditions, known as administrative determinants, may be housed in a facility with a security level which is not consistent with the inmate's placement score:(1) An inmate requires an outpatient or higher degree of medical or psychiatric care at a facility specifically staffed for the type of treatment necessary.(2) An inmate with a history of sex crimes designated in section 3377.1(b) shall not be housed in a Level I facility and shall not be assigned outside the security perimeter.(3) An inmate with a history of arson shall not be housed in a facility constructed primarily of wood.(4) An inmate with a felony hold, warrant, detainer, or the equivalent thereof filed with the Department who is likely to receive a significant period of consecutive incarceration or be deported shall not be housed in a Level I facility without perimeter gun towers.(5) An inmate requires confidential placement in another correctional jurisdiction.(6) An inmate serving a sentence of life without possibility of parole (LWOP) shall not be housed in a facility with a security level lower than Level II, except when authorized by the Departmental Review Board (DRB). Additionally, an LWOP inmate housed within a general population facility with a security level of II, III, or IV shall be housed in a facility with a lethal electrified fence as defined in section 3000.(7) Condemned inmates shall not be housed in a facility with a security level lower than that which is authorized to house LWOP inmates. A condemned inmate shall not be housed in a facility with a security level lower than Level II, except when authorized by the DRB. Additionally, a condemned inmate housed within a general population facility shall be housed in a facility with a lethal electrified fence as defined in section 3000. Female condemned inmates shall only be housed at the Central California Women's Facility.(8) An inmate serving a life term with the possibility of parole shall not be housed in a non-secure facility as defined in section 3000, nor assigned to a program outside a security perimeter unless the exceptional criteria specified within this subsection have been met. Exceptions may only occur when the Board of Parole Hearings (BPH) grants parole, the release date is within three years, and the Governor's Office has completed its review and either formally approved parole or taken no action. When all three conditions are met and the inmate is otherwise eligible for a custody reduction, the inmate shall be evaluated by an ICC for the custody reduction.(9) An inmate serving a life term with the possibility of parole shall be housed in a facility with a security level of II or higher, unless the exceptional criteria specified within subsections 3375.2(a)(8) or 3375.2(a)(10)(A) through 3375.2(a)(10)(I) have been met.(10) An inmate serving a life term with the possibility of parole may be housed in a secure Level I facility as defined in section 3000 when all of the following criteria are met:(A) The inmate has a preliminary score of 18 or less.(B) The inmate's most recent parole consideration hearing resulted in no more than a three-year denial by the BPH.(C) The inmate's most recent Comprehensive Risk Assessment, completed by a licensed psychologist employed by the BPH, identifies the inmate's potential risk for future violence as low or moderate, or the inmate has been granted parole by the BPH.(D) The inmate does not have a VIO administrative determinant currently imposed, pursuant to subsection 3375.2(b)(29).(E) The inmate is not identified as a Public Interest Case as defined in section 3000.(F) The inmate does not have an "R" Suffix imposed.(G) The inmate does not have a history of escape or attempted escape with force from any correctional setting or armed escort, escape or attempted escape from a correctional setting with a secure perimeter as defined in section 3000, and plotting or planning to escape from a correctional setting with a secure perimeter as defined in section 3000 or from an armed escort.(H) The inmate does not require Maximum or Close Custody.(I) The inmate does not have a mandatory minimum score factor currently imposed which would preclude secure Level I placement. Where determined eligible for placement, the mandatory minimum score factor for "other life term" shall be removed or not imposed.(11) An inmate serving a life term whose placement score is not consistent with a Level I security level shall not be housed in a Level I facility except when approved by the Departmental Review Board.(12) An inmate whose death sentence is commuted or modified shall be transferred to a reception center for processing after which an ICC action and subsequent endorsement by a CSR shall determine the inmate's initial facility placement.(13) An inmate with a case factor described in subsections 3377.2(b)(2)(A), 3377.2(b)(2)(B), or 3377.2(b)(2)(C), shall be ineligible for minimum custody. An inmate with a history of one or more walkaways from non-secure settings, not to include Drug Treatment Furlough, Community Correctional Reentry Centers, and Community Reentry Programs, shall not be placed in minimum custody settings for at least ten years following the latest walkaway.(14) A validated STG-I associate or member may be granted Minimum A or Minimum B Custody on a case-by-case basis. Designation of Minimum A or Minimum B Custody for a validated STG-I associate or member requires a review of the totality of the inmate's case factors by an ICC and a determination that their housing with such a level of custody would not pose a threat to the safety and security of the institution, inmates, staff, and public.(b) The following three-letter codes are used to indicate those administrative or irregular placement conditions known as administrative determinants, which may be imposed by departmental officials to override the placement of an inmate at a facility according to their placement score. (1) AGE. Inmate's youthfulness, immaturity or advanced age.(2) ARS. Current conviction, prior conviction, or a sustained juvenile adjudication, as defined in subdivision (b)(28)(A), for arson.(3) BEH. Inmate's record of behavior indicates they are capable of successful placement at a facility with a security level lower than that which is consistent with their placement score. This factor shall not be used for an inmate who is currently housed at a facility with a security level higher than that which is consistent with their placement score.(4) CAM. Placement is recommended due to a shortage of camp qualified inmates.(5) DEA. Inmate is currently or was formerly sentenced to death.(6) DEP. Special placement ordered by the Departmental Review Board.(7) DIS. Inmate's disciplinary record indicates a history of serious problems or threatens the security of the facility.(8) ENE. Inmate has one or more enemies under the department's custody or department's jurisdiction who have been documented on a CDCR Form 812 (Rev. 11/13), Notice of Critical Case Information-Safety of Persons (Non-Confidential Enemies), or on a CDC Form 812-C (Rev. 8/01), Notice of Critical Information--Confidential Enemies, pursuant to section 3378. This shall also be used when it is probable that the inmate may be victimized due to case factors (e.g., the nature of their offense is likely to create an enemy situation at certain facilities, current Protective Housing Unit case, and those who are natural victims because of their appearance).(9) ESC. Unusual circumstances suggest the inmate is a much greater escape risk than indicated by their placement score (e.g., the inmate verbalized an intent to escape).(10) FAM. Inmate has strong family ties to a particular area where other placement would cause an unusual hardship.(11) HOL. Hold, warrant or detainer is likely to be exercised.(12) LIF. Inmate is serving a life sentence and requires placement in a facility with a security level higher than that indicated by their placement score.(13) MED. Inmate's medical condition requires treatment or continuing medical attention not available at all facilities.(14) OUT. Inmate requires placement at a specific facility for an out-to-court appearance. This factor shall also be used when a releasing authority appearance is nearing.(15) POP. Shall be used only by a CSR to indicate that no beds presently exist at a facility with a security level that is consistent with the inmate's placement score.(16) PRE. The short time remaining to serve limits or otherwise influences placement or program options for the inmate.(17) PSY. Inmate's psychological condition requires special treatment or may severely limit placement options. This factor shall also be used for those inmates who are designated as Category B.(18) PUB. Shall be used only by a CSR to indicate an inmate is identified as a Public Interest Case as defined in section 3000.(19) REH. Inmate is currently endorsed to or requires transfer to a Rehabilitative Program managed by the Division of Rehabilitative Programs, as defined in section 3000, and the program is not available at a facility with a security level which is consistent with the inmate's placement score.(20) SCH. Inmate is involved in an academic program which is not available at a facility with a security level that is consistent with their placement score.(21) SEC. Shall be used only by a CSR to indicate that the inmate has been designated as a Security Concern by an ICC and requires Close Custody.(22) SEX. Inmate has a prior incidence of rape, oral copulation, sodomy, or a lewd and lascivious act which requires restricted custody or placement.(23) SNY. Inmate has documented and verified Systemic Safety Concerns.(24) SOR. Inmate's bisexual or homosexual orientation may require special placement.(25) ST1. Security Threat Group-I (STG-I). Documentation establishes that the inmate's STG-I designation may require special attention or placement consideration, while the validation remains current.(26) ST2. Security Threat Group-II (STG-II). Documentation establishes that the inmate's STG-II designation may require special attention or placement consideration, while the validation remains current.(27) TIM. Inmate's time to serve is long, requiring placement at a facility with a security level higher than that which is consistent with their placement score.(28) VIO. Inmate has a current or prior conviction for a violent felony, or a sustained juvenile adjudication including, but not limited to, those listed under Penal Code (PC) section 667.5(c), a felony conviction or equivalent finding for PC section 192(b), a felony or misdemeanor conviction or equivalent finding for PC section 422 or 646.9, or a guilty finding for Division A-1 or A-2 RVR offense that is the equivalent of a PC section 667.5(c) offense which occurred on or after February 20, 2017, which, as determined by the Classification Staff Representative (CSR), requires placement in a facility with a higher security level than that indicated by their placement score. For the purpose of this subsection, an equivalent finding means any finding specified within subsections 3375.2(b)(29)(A) through 3375.2(b)(29)(C). For the purpose of this subsection, a case-by-case review for VIO means a classification committee action in which the committee conducting the review examines the totality of the inmate's case factors including, but not limited to: the circumstances of the offense, extent of injury to the victim(s), rationale for committing the offense, criminal intent versus neglect, history of committing similar acts, and the safety of the public, staff, and other inmates.(A) For the purposes of this subdivision, a "sustained juvenile adjudication" means a guilty determination or ruling rendered in a juvenile judicial proceeding.(B) The following administrative determinations regarding allegations of violent acts, including but not limited to those offenses described in PC section 667.5(c), shall have the same force and effect as a current or prior conviction for a violent felony or a sustained juvenile adjudication:1. Board of Parole Hearings or Parole Hearings Division good cause finding or probable cause finding, or;2. California Youth Authority, Division of Juvenile Justice, Youth Offender Parole Board sustained allegation.(C) A probation or Post-Release Community Supervision violation finding in a court of law involving, but not limited to those offenses described in PC section 667.5(c), shall have the same force and effect as a current or prior conviction in a court of law for a violent felony.(D) A VIO administrative determinant shall be applied automatically for an inmate with a current or prior conviction or finding as described within subsection 3375.2(b)(29) including 3375.2(b)(29)(A)-(C) for a PC section 667.5(c) offense or an equivalent conviction from another jurisdiction, unless expressly identified as requiring case-by-case review as directed within subsections 3375.2(b)(29)(F)-(I).(E) A case-by-case review for a VIO administrative determinant as directed within subsection 3375.2(b)(29)(F)-(I) is not required when an inmate already has or will have an administrative determinant imposed which will permanently preclude minimum custody. Note: MED and PSY administrative determinants are not permanent exclusionary case factors.(F) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for felony convictions, to include enhancements, stayed enhancements, or one of the findings described within subsection 3375.2(b)(29) and 3375.2(b)(29)(A)-(C) for a PC section 667.5(c) offense or an equivalent offense from another jurisdiction listed here: PC Section(s) 211, 211 with PC section 12022(b), PC section 212, 212.5, 212.5 with PC section 12022(b), 213, 214, 215, 215(a) with PC section 12022(b), 459 wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary, 460(a) wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary, 518 with PC section 186.22, 519 with PC section 186.22, 520 with PC section 186.22, 12022.3(a), 12022.5, 12022.53, 12022.55, 12022.7, 12022.8, and 12022.9.(G) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for a felony conviction, to include stayed counts, or one of the other findings described within subsection 3375.2(b)(29)(A)-(C) for PC 192(b).(H) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for the following felony or misdemeanor convictions, to include stayed counts, or one of the other findings described within subsection 3375.2(b)(29)(A)-(C) for PC 422 and PC 646.9.(I) A classification committee shall conduct a case-by-case review to consider application of a VIO administrative determinant for guilty findings of Division "A-1" and "A-2" offenses that are equivalent to PC section 667.5(c) offenses or enhancements.(J) An inmate who has a VIO administrative determinant imposed currently or who is determined to require review for consideration of a VIO administrative determinant pursuant to subsection 3375.2(b)(29) shall be eligible for consideration of removal of an existing VIO during the annual classification review consistent with subsection 3376(d)(2)(A), or to not have a VIO imposed initially where the following criteria is satisfied: 1. Life term inmates are eligible for consideration of placement in a secure level I facility as required by subsection 3375.2(a)(9), or placement in a non-secure facility pursuant to the exceptions noted in subsection 3375.2(a)(7) and meet the additional criteria noted within subsections 3375.2(b)(29)(J)3 through 8.2. An inmate serving a determinate term is within five years of their Earliest Possible Release Date (EPRD) at the time of the review for removal of the VIO administrative determinant or the review to determine whether the VIO administrative determinant is or is not required.3. A VIO administrative determinant is the only criteria preventing placement in a secure level I facility or the assignment of Minimum Custody at the time of the review by the classification committee.4. A minimum of seven years has elapsed since the last violent offense which would require automatic application of the VIO administrative determinant or a case-by-case review pursuant to subsection 3375.2(b)(29)(D) and (F)-(I).5. The classification committee conducting the review shall consider each of the following criteria and thoroughly summarize and document the committee's reason for its decision to remove, impose, or not impose the VIO administrative determinant within the automated Classification Committee Chrono (05/19), which is incorporated by reference, consistent with subsection 3375(g). a. Circumstances of the violent offense(s) in question;b. Positive in-custody behavior;c. Negative in-custody behavior; andd. Inmate's threat to the safety of public, staff, and inmates based upon the totality of the inmate's case factors.6. Pursuant to subsection 3375.2(b)(29)(J), a classification committee shall review all cases meeting the criteria for removal of an existing VIO or an initial determination to not impose a VIO, where a VIO would have been applied on a case-by-case basis pursuant to subsection 3375.2(b)(29).7. When a classification committee recommends to remove a VIO, the classification committee shall refer the case to the CSR for review and approval of the removal of the VIO, pursuant to subsection 3375.2(b)(29).8. When a classification committee recommends VIO removal by the CSR, the classification committee shall also review the inmate's case for appropriate housing, based upon the totality of the inmate's case factors, in accordance with Article 10, Classification.(29) VOC. Inmate is involved in a Career Technical Education program, also referred to as a vocational program, which is not available at a facility with a security level which is consistent with the inmate's placement score.(30) WOR. Inmate has a work skill in a critical trade, which warrants special placement consideration.Cal. Code Regs. Tit. 15, § 3375.2
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3450, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F. Supp. 1146; Wright v. Enomoto (N.D. Cal. 1976) 462 F. Supp. 397; and Stoneham v. Rushen (1984) 156 Cal. App. 3d 302.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3450, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Wright v. Enomoto (N.D. Cal. 1976) 462 F.Supp. 397; and Stoneham v. Rushen (1984) 156 Cal.App.3d 302.
1. Change without regulatory effect adding section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing error inadvertently omitting text in subsection (a)(6) (Register 91, No. 11).
3. Editorial correction of printing errors (Register 92, No. 5).
4. Repealer of subsection (a)(7) and amendment of subsection (a)(8) filed 1-16-92; operative 2-17-92 (Register 92, No. 13).
5. Amendment of subsection (b)(8) filed 6-17-94; operative 7-18-94 (Register 94, No. 24).
6. Repealer of subsections (b)(13), (b)(16) and (b)(22), subsection renumbering, amendment of newly designated subsection (b)(21), and new subsections (b)(22) and (b)(24) filed 9-5-95 as an emergency; operative 9-5-95 (Register 95, No. 36). A Certificate of Compliance must be transmitted to OAL by 2-12-96 (pursuant to Penal Code section 5058(e)) or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 9-5-95 order, including amendment of subsection (b)(24), transmitted to OAL 1-8-96 and filed 2-15-96 (Register 96, No. 7).
8. New subsection (b)(12), subsection renumbering, and amendment of Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
10. Change without regulatory effect amending subsection (b)(8) filed 10-23-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
11. Amendment of subsections (b)(2) and (b)(25) and new subsections (b)(25)(A)-(C) filed 3-7-2002; operative 4-6-2002 (Register 2002, No. 10).
12. Amendment of section and Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
14. Amendment of subsection (a)(2) filed 11-3-2006; operative 12-3-2006 (Register 2006, No. 44).
15. Amendment of subsection (a)(6) filed 11-14-2011 as an emergency; operative 11-14-2011 (Register 2011, No. 46). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-23-2012 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-14-2011 order transmitted to OAL 2-29-2012 and filed 4-5-2012 (Register 2012, No. 14).
17. Amendment of subsections (a)(5)-(6), repealer and new subsection (a)(7), repealer of subsections (a)(7)(A)-(B), amendment of subsection (a)(8), new subsection (a)(11), amendment of subsections (b), (b)(2), (b)(8) and (b)(20), new subsection (b)(22), subsection renumbering and amendment of newly designated subsections (b)(26)(B)1.-(b)(26)(C) and Note filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
19. Amendment of subsection (b)(18), new subsection (b)(21), subsection renumbering and amendment of newly designated subsection (b)(28) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5-14-2014 (Register 2014, No. 20).
21. Amendment filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
22. New subsection (b)(22) and subsection renumbering filed 3-29-2016 as an emergency; operative 3-29-2016 (Register 2016, No. 14). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-6-2016 or emergency language will be repealed by operation of law on the following day.
23. Reinstatement of section as it existed prior to 3-29-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 37).
24. Amendment of subsections (a)(6)-(a)(10), new subsections (a)(10)(A)-(I), amendment of subsection (a)(11), new subsections (a)(12)-(14), amendment of subsections (b)(24) and (b)(29) and new subsections (b)(29)(D)-(b)(29)(J)8. filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 2-9-2017 order, including nonsubstantive amendment of subsection (a)(29)(F), transmitted to OAL 7-12-2017 and filed 8/23/2017 (Register 2017, No. 34).
26. Repealer of subsections (b)(11)-(12) and (b)(16), new subsections (b)(21) and (b)(25), subsection renumbering and amendment of newly designated subsections (b)(26) and (b)(28) filed 10-9-2017 as an emergency; operative 10/9/2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
27. Repealer of subsections (b)(11)-(12) and (b)(16), new subsections (b)(21) and (b)(25), subsection renumbering and amendment of newly designated subsections (b)(26) and (b)(28) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
28. Certificate of Compliance as to 3-5-2018 order, including amendment of subsections (b)(28), (b)(28)(D)-(J)1., (b)(28)(J)4. and (b)(28)(J)6.-7., transmitted to OAL 8-21-2018 and filed 10-3-2018; amendments effective 10/3/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 40).
29. Change without regulatory effect amending subsection (b)(2) filed 5-1-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 18).
30. Amendment of subsections (a)(2) and (a)(11) filed 8-31-2020; operative 10/1/2020 (Register 2020, No. 36).
31. Amendment of subsections (a)(10)(D) and (b)(19) filed 4-27-2021 as an emergency; operative 4/27/2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
32. Editorial correction of History 31 (Register 2021, No. 36).
33. Amendment of subsections (a)(10)(D) and (b)(19) refiled 2-1-2022 as an emergency; operative 2/1/2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
34. Amendment of subsections (a)(10)(D) and (b)(19) refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
35. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
36. Amendment filed 11-14-2022; operative 11/14/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).
37. Repealer of subsection (b)(21), subsection renumbering and amendment of newly designated subsection (b)(28)(J)5. 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.
38. New subsection (a)(7), subsection renumbering, amendment of newly designated subsection (a)(9) and amendment of NOTE filed 1-31-2024; operative 1/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).
39. Amendment of repealer of subsection (b)(21), subsection renumbering and amendment of newly designated subsection (b)(28)(J)5. 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.