Section 3040 - Participation(a) Every able-bodied person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation is obligated to work as assigned by department staff and by personnel of other agencies to whom the incarcerated person's custody and supervision may be delegated. Assignment may be up to a full day of work, or other programs including Rehabilitative Programs managed by the Division of Rehabilitative Programs (DRP), as defined in section 3000, or a combination of work or other programs.(b) Incarcerated persons assigned to a physical fitness program as part of a work incentive program shall be held to the same obligations and participation requirements governing work assignments or other programs including Rehabilitative Programs managed by DRP.(c) Except as provided in section 3040(e), a classification committee shall refer each incarcerated person to an appropriate work, Academic Education, Career Technical Education, therapeutic or other institution program, taking into account the: (1) Incarcerated person's expressed desires and needs.(2) Incarcerated person's eligibility for and availability of the desired work or program activity.(3) Institution's security and operational needs.(4) Safekeeping of the incarcerated person.(5) Safety of persons and the general public.(d) Despite an incarcerated person's assignment to a program mutually agreed upon in a classification committee hearing, or pending such a hearing, or pending assignment to a designated program, or during any period when the designated program is temporarily suspended, or in the absence of the incarcerated person's agreement to participate in any programs, any able-bodied incarcerated person may be assigned to perform any work deemed necessary to maintain and operate the institution and its services in a clean, safe and efficient manner. Operational needs may always override a program assignment.(e) Incarcerated persons assigned to clerical duties and office work positions, requiring an extensive amount of staff and incarcerated person interaction, such as clerks and teachers' aides, shall be rotated at regular intervals to other positions within the institution even though that may result in lower pay, or no pay at all, to the incarcerated person being rotated out of the position. The institution head shall determine the rotation schedule based upon security needs of the institution. Assignments to such positions shall not exceed a two-year period. Routine rotation shall not affect the incarcerated person's work or training group designation, although it may divest the incarcerated person of a paid position.(f) Any staff request for removal of an incarcerated person from a program shall be submitted to the incarcerated person's correctional counselor on a CDC General Chrono Form. The counselor shall refer the request to a classification committee for consideration and action. If a request is for cause, defined as behavior that would result in loss of participation credit pursuant to section 3043.2(a), the incarcerated person may be temporarily relieved of the position and denied pay (if a paid position), pending classification committee action.(g) Work assignments, in lieu of enrollment and participation in a Rehabilitative Program managed by DRP, or other therapeutic or institution program assignments, may be made with or without the incarcerated person's consent by a classification committee, a staff member designated as an assignment lieutenant, or by any staff member responsible for the supervision of an unassigned incarcerated person.(h) Incarcerated persons who have a history of computer fraud or abuse, including documented institutional disciplinary action involving computer fraud or abuse, shall not be placed in any work assignment that provides access to a computer, or rehabilitative program which provides access to the internet.(i) A job description shall be developed for each incarcerated person work/training position, establishing the minimum standards of acceptable participation and performance and the possible consequences of failure or refusal to meet the standards. The incarcerated person shall sign a copy of the job description, indicating acceptance of the conditions of employment, and shall receive a copy.(j) The allocation of paid incarcerated person work/training assignments on an institution-specific basis shall be made by the institution's incarcerated pay committee. Each institution shall administer an incarcerated person pay program consistent with the budget allotted for such assignments. As directed and in accordance with section 3380, Department and institutional incarcerated pay committees shall administer incarcerated person rate and wage matters subject to these regulations.(k) An incarcerated person's assignment to a paid position is a privilege dependent on available funding, job performance, seniority and conduct. These factors shall be criteria considered in determining an incarcerated person's eligibility for pay earning status and rate of pay.(l) The following incarcerated person assignments shall not be considered paid work or training assignments.(1) Incarcerated person advisory council members (except the chairperson and secretary).(2) Rehabilitative Programs managed by DRP (except Peer Literacy Mentor Program mentors and Occupational Mentor Certification Program certified mentors, interns, and trainees).(3) Any other specific work or training assignment deemed "non-pay" by the incarcerated pay committee of the institution or facility.Cal. Code Regs. Tit. 15, § 3040
Note: Authority cited: Sections 2700 and 5058, Penal Code. Reference: Section 1182, Labor Code; and Sections 502, 2933, 5054 and 5068, Penal Code.
Note: Authority cited: Sections 2700 and 5058, Penal Code. Reference: Section 1182, Labor Code; and Sections 502, 2933, 5054 and 5068, Penal Code.
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
3. New subsection (e) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
5. New subsection (e) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
7. New subsection (e) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
8. Editorial correction of HISTORY 7. only changing Register 88, No. 16 to Register 88, No. 24 (Register 88, No. 34).
9. Certificate of Compliance as to 6-2-88 order transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
10. Amendment of subsection (b), new subsection (d) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-20-92 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
12. Renumbering and amendment of former section 3220.2 to subsection 3040(b) and subsection redesignation filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-30-95 order transmitted to OAL 11-22-95 and filed 1-8-96 (Register 96, No. 2).
14. New subsection (g), subsection relettering, and amendment of Note filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
15. New subsection (e) and subsection relettering filed 2-13-2001; operative 3-15-2001 (Register 2001, No. 7).
16. Amendment of subsections (a)-(c), (d)-(f) and (i), new subsections (j)-(l)(5) and amendment of Note filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
17. Amendment of subsections (a), (c) and (e) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
18. Amendment of subsections (a), (c), (d) and (g) filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
20. Amendment of subsections (a), (b), (g), (h), (l)(2) and (l)(4) 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.
21. Certificate of Compliance as to 10-29-2013 order, including amendment of subsections (g) and (l)(4), transmitted to OAL 4-4-2014 and filed 5-14-2014; amendments effective 5/14/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 20).
22. Amendment of section and Note 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.
23. Editorial correction of History 22 (Register 2021, No. 36).
24. Amendment of section and Note 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.
25. Amendment of section and Note 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.
26. Certificate of Compliance as to 5-2-2022 order, including repealer of subsections (l)(2)-(3), new subsection (l)(2) and subsection renumbering, transmitted to OAL 7-20-2022 and filed 8-31-2022; amendments effective 8/31/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 35).
27. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).