Section 1081 - Plan for Discipline of Incarcerated PersonsEach facility administrator shall develop written policies and procedures for discipline of incarcerated persons. The plan shall include, but not be limited to, the following elements:
(a) Temporary Loss of Privileges: For minor acts of non-conformance or minor violations of facility rules, staff may impose a temporary loss of privileges, such as access to television, telephones, commissary, or lockdown for less than 24 hours, provided there is written documentation and supervisory approval.(b) Disciplinary Actions: Major violations of facility rules or repetitive minor acts of non-conformance or repetitive minor violations of facility rules shall be reported in writing by the staff member observing the act and submitted to the disciplinary officer. The consequences of such violations may include, but are not limited to: 1. Loss of good time/work time.2. Placement in disciplinary separation.3. Loss of privileges mandated by regulations. A staff member with investigative and disciplinary authority shall be designated as a disciplinary officer to impose such consequences. Staff shall not participate in disciplinary review if they are involved in the charges.
Such charges pending against an incarcerated person shall be acted on with the following provisions and within specified timeframes:
1. A copy of the report, or a separate written notice of the violation(s), shall be provided to the incarcerated person.2. Unless declined by the incarcerated person, a hearing shall be provided no sooner than 24 hours after the report has been submitted to the disciplinary officer and the incarcerated person has been informed of the charges in writing. The hearing may be postponed or continued for a reasonable time through a written waiver by the incarcerated person, or for good cause.3. The incarcerated person shall be permitted to appear on their own behalf at the time of hearing and present witnesses and documentary evidence. The incarcerated person shall have access to staff or assistance when they have limited literacy, or the issues are complex.4. A charge(s) shall be acted on no later than 72 hours after an incarcerated person has been informed of the charge(s) in writing.5. Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the action taken shall be reviewed by the facility manager or designee.6. The incarcerated person shall be advised in a written statement by the fact-finders about the evidence relied on and the reasons for the disciplinary action. A copy of the record shall be kept pursuant to Penal Code Section 4019.5.7. There shall be a policy of review and appeal to a supervisor on all disciplinary action.(c) Nothing in this section precludes a facility administrator from administratively separating any incarcerated person from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety of the person, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1053 of these regulations.(d) Nothing in this section precludes the imposition of conditions or restrictions that reasonably relate to a legitimate, non-punitive administrative purpose.Cal. Code Regs. Tit. 15, § 1081
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect of subsections (a) and (f) (Register 86, No. 32).
3. Amendment filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Editorial correction of printing error in subsections (c) and (d) (Register 91, No. 32).
5. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of subsection (b) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
8. Amendment of subsection (d) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
9. Repealer and new section and amendment of Note filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
10. Amendment of section heading and section filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46). Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Sections 4019.5 and 6030, Penal Code.
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect of subsections (a) and (f) (Register 86, No. 32).
3. Amendment filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Editorial correction of printing error in subsections (c) and (d) (Register 91, No. 32).
5. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of subsection (b) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
8. Amendment of subsection (d) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
9. Repealer and new section and amendment of Note filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).
10. Amendment of section heading and section filed 11-17-2022; operative 1/1/2023 (Register 2022, No. 46).