Section 3044.2 - Impact of Transfer on Work Groups(a) Non-adverse transfers. (1) A non-adverse transfer is movement of an incarcerated person to a less restrictive institution or program where the security level is the same or lower, movement to a secure perimeter from a non-secure camp or Level 1 (Minimum Support Facility) setting by order of the prison administration for non-adverse reasons or transfers from reception centers.(2) With the exception of incarcerated persons assigned to Work Group F, an incarcerated person transferred for non-adverse reasons shall retain their work and privilege group status. Incarcerated persons assigned to Work Group F shall revert to Work Group M effective the date removed from camp or institution fire fighter assignment or as appropriate per CCR 3044.(3) An incarcerated person in a work assignment at the sending institution shall be placed on an existing waiting list at the receiving institution. If eligible, incarcerated persons on waiting lists at sending institutions shall be merged into the receiving institution's waiting list based on credit earning status, release date, and the length of time they have spent on the sending institution's waiting list. Incarcerated persons who are day-for-day eligible per Penal Code section 2933 shall be given priority for assignment with the exception of Senate Bill (SB) 618 Participants who, as defined in section 3000, pursuant to the provisions of subsection 3077.3(b)(1), and subject to the provisions of 3077.3(f), shall be placed at the top of an institution's waiting list and given priority for assignment. Incarcerated persons shall be merged into the receiving institution's waiting list in the following manner: (A) First, SB 618 Participants. Those SB 618 Participants having the earliest release date shall be given first priority.(B) Second, those incarcerated persons who are day-for-day credit eligible, approved for the program and are not assigned, Work Group A-2. Incarcerated persons eligible to earn credits per Penal Code section 2933 shall be given second priority for placement on waiting lists and the incarcerated person with the earliest release date shall be given priority.(C) Third, incarcerated persons who are day-for-day credit eligible and are already designated Work Group A-1. Incarcerated persons eligible to earn credits per Penal Code section 2933 shall be given next priority for placement on waiting lists and the incarcerated person with the earliest release date shall be given priority.(D) Fourth, those incarcerated persons who are not Penal Code section 2933 day-for-day credit eligible and are already designated Work Group A-1. Incarcerated persons will be placed on waiting lists based upon the work group effective date.(E) Fifth, those incarcerated persons who are not Penal Code section 2933 day-for-day credit eligible and are not assigned, Work Group A-2. Incarcerated persons will be placed on waiting lists based upon the work group effective date.(4) An incarcerated person in approved Rehabilitative Programs managed by DRP, as defined in section 3000, at the sending institution shall be placed on the waiting list for the same or similar program, at the receiving institution if available. If the receiving institution's program is unavailable, the incarcerated person shall be placed on an existing waiting list at the receiving institution. (A) The primary determinants for priority placement are as follows: 1. Cognitive Behavioral Interventions shall include the incarcerated person's projected release date, a health care services referral to CBI; or a criminogenic need identified by an automated needs assessment tool as listed in sections 3375.6 and 3768.1.2. The incarcerated person's projected release date and the California Static Risk Assessment (CSRA) as described in Section 3768.1 shall be the primary determinants for priority placement into Academic Education, Career Technical Education, and Transitions.A. Incarcerated persons with a moderate or high risk shall take priority over those with a low risk for Career Technical Education programs.(b) Transfers to Department of Mental Health (DMH).(1) Penal Code (PC) sections 2684 and 2690 transfers. An incarcerated person transferred to the DMH pursuant to PC sections 2684 and 2690 is not capable of performing a work or training assignment. Such an incarcerated person shall be classified by the sending facility before the transfer and placed in Work Group A-1.(2) Penal Code section 1364 transfers. An incarcerated person transferred to DMH to participate in the voluntary experimental treatment program pursuant to Penal Code section 1364 shall participate in a full-time credit qualifying work/training assignment in order to earn full worktime credit.(c) Adverse transfers. (1) Adverse transfers are defined as a transfer resulting from any in-custody documented misbehavior or disciplinary that may or may not have resulted in an incarcerated person's removal from current program.(2) If an incarcerated person is removed from a program for adverse reasons and is subsequently exonerated of the charges, the work group shall be designated as though the incarcerated person had not been removed from the assignment.(3) Effective on the date of transfer an incarcerated person in Work Group A-1 or F who receives an adverse transfer shall be reclassified to Work Group A-2 by the sending institution. The incarcerated person shall remain in Work Group A-2 until reclassified by the receiving institution.(4) An incarcerated person in Work Group A-2, C or D at the time of transfer shall be retained in that group status until reclassified at the receiving institution.(d) Reception center or layover status. (1) Incarcerated persons being processed in reception centers, who are ineligible to earn day-for-day credits per Penal Code section 2933, can be assigned to half-time assignments. Incarcerated persons on layover (en route) status in any institution shall only be assigned to half-time assignments. Exception to this policy requires approval from the director, division of adult institutions.(2) An incarcerated person's participation in a full or half-time assignment while undergoing reception center processing shall be recorded on timekeeping logs. The incarcerated person's timekeeping log shall be completed by the work supervisor on a daily basis. A copy shall be issued to the incarcerated person upon written request.(e) Special housing unit transfers. (1) Incarcerated persons found guilty of a credit loss offense which could result in a restricted housing unit (RHU) determinate term shall be evaluated for RHU assignment by a Classification Committee.(2) Incarcerated persons placed in a RHU shall be placed in Work Group D-2 upon determination by a classification committee. All other incarcerated persons in RHU shall be placed in Work Group D-1.(f) Community Correctional Center (CCC) transfers. Transfers of incarcerated persons approved for a CCC program are considered non-adverse. With the exception of incarcerated persons assigned to Work Group F, incarcerated persons shall retain their current work group status while en route to a program. Incarcerated persons assigned to Work Group F shall revert to Work Group A-1 effective the date removed from the camp or institution fire fighter assignment.Cal. Code Regs. Tit. 15, § 3044.2
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.8, 1364, 2684, 2690, 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.8, 1364, 2684, 2690, 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code.
1. Renumbering of former section 3043.8 to new section 3044.2, including amendment of section heading and section filed 4-28-2021 as an emergency; operative 5/1/2021 (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 2-7-2022 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2021, No. 36).
3. Renumbering of former section 3043.8 to new section 3044.2, including amendment of section heading and section, refiled 12-28-2021 as an emergency, including new subsection (e)(2); operative 12/28/2021 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
4. Renumbering of former section 3043.8 to new section 3044.2, including amendment of section heading and section, refiled 3-28-2022 as an emergency; operative 3/29/2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
5. Renumbering of former section 3043.8 to new section 3044.2, including amendment of section heading and section, 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.
6. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
7. Editorial correction restoring inadvertently omitted subsection (a)(4)(A)2.a. (Register 2022, No. 35).
8. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
9. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
10. Amendment of subsections (e)(1)-(2) filed 7-31-2024; operative 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).