Cal. Code Regs. tit. 15 § 1053

Current through Register 2024 Notice Reg. No. 23, June 7, 2024

Section 1053 - Administrative Separation

Except for Type IV facilities, facility administrators shall develop and implement policies and procedures for the administrative separation of incarcerated people.

Policies and procedures must include:

(a) Administrative separation may consist of separate housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the welfare of incarcerated people and facility staff.

(b) Administrative separation must not adversely affect an incarcerated person's health.

(c) Administrative separation may be used for incarcerated people who have:

(1) A documented history of activity or behavior, or promoting such activity or behavior, that is criminal in nature, disruptive to facility operations, or affects the safety of the facility, other incarcerated people, and facility staff.

(2) Influenced or participated in activity that is criminal in nature, disruptive to facility operations or affects the safety of the facility, other incarcerated people, and facility staff.

(3) Committed assault, attempted assault, or participated in a conspiracy to assault or harm other incarcerated persons or facility staff.

(4) A history of escape or have recently attempted escape.

(5) A demonstrated need for protection from other incarcerated people.

(d) Documentation indicating the necessity of administrative separation to obtain the objective of protecting the welfare of incarcerated people and facility staff.

(e) A documented individualized ongoing review and evaluation of the need to continue placement in administrative separation.

Cal. Code Regs. Tit. 15, § 1053

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Amendment filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
5. Amendment of section heading and repealer and new section filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).

Note: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.

1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Amendment filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).
5. Amendment of section heading and repealer and new section filed 11-17-2022; operative 1/1/2023 (Register 2022, No. 46).