Cal. Code Regs. tit. 15 § 1083

Current through Register 2024 Notice Reg. No. 19, May 10, 2024

Section 1083 - Limitations on Disciplinary Actions

The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Disciplinary actions shall not include corporal punishment, group punishment when feasible, or physical or psychological degradation.

Additionally, there shall be the following limitations:

(a) Disciplinary separation shall be considered an option of last resort and as a response to the most serious and threatening behavior, for the shortest time possible, and with the least restrictive conditions possible.

(1) If a person is on disciplinary separation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary separation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented.

(2) The disciplinary separation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that those incarcerated persons who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive a person of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24 hour period.

(3) If after placement in separation, mental health or medical staff determine that an individual has serious mental illness or an intellectual disability, they shall be removed from disciplinary separation immediately upon this determination.

(b) Penal Code Section 4019.5 expressly prohibits the delegation of authority to any incarcerated person or group of incarcerated people to exercise the right of punishment over any other incarcerated person or group of incarcerated people.

(c) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary purposes.

(d) No incarcerated person may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as specified in Section 1265 of these regulations.

(e) Food shall not be withheld as a disciplinary measure.

(f) Correspondence privileges shall not be withheld except in cases where the incarcerated person has violated correspondence regulations, in which case correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager.

(g) In no case shall access to courts and legal counsel be suspended as a disciplinary measure.

Cal. Code Regs. Tit. 15, § 1083

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 of subsections (c) and (e) pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Editorial correction to Note (Register 91, No. 32).
5. Amendment of subsections (c)-(e) and (i) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Change without regulatory effect amending subsections (c) and (e) filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
7. Repealer of subsection (a), subsection relettering, and amendment of newly designated subsections (a) and (g) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
8. Amendment of subsections (b), (d) and (i) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
9. Amendment of subsections (b) and (d) and new subsections (g)(1)-(2) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
10. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
11. Amendment of first paragraph, subsection (a) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
12. Amendment of subsections (a), (b), (g) and (g)(1) filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
13. 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 of subsections (c) and (e) pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Editorial correction to NOTE(Register 91, No. 32).
5. Amendment of subsections (c)-(e) and (i) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Change without regulatory effect amending subsections (c) and (e) filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
7. Repealer of subsection (a), subsection relettering, and amendment of newly designated subsections (a) and (g) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
8. Amendment of subsections (b), (d) and (i) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
9. Amendment of subsections (b) and (d) and new subsections (g)(1)-(2) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
10. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
11. Amendment of first paragraph, subsection (a) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
12. Amendment of subsections (a), (b), (g) and (g)(1) filed 1-26-2017; operative 4/1/2017 (Register 2017, No. 4).
13. Amendment filed 11-17-2022; operative 1/1/2023 (Register 2022, No. 46).