Cal. Code Regs. tit. 15 § 3375.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3375.1 - Incarcerated Person Placement

(a) Except as provided in section 3375.2, each incarcerated person shall be assigned to a facility with a security level which corresponds to the following placement score ranges:

(1) An incarcerated person with a placement score of 0 through 18 shall be placed in a Level I facility.

(2) An incarcerated person with a placement score of 19 through 35 shall be placed in a Level II facility.

(3) An incarcerated person with a placement score of 36 through 59 shall be placed in a Level III facility.

(4) An incarcerated person with a placement score of 60 and above shall be placed in a Level IV facility.

(A) Level IV facilities, as described in subsection 3377(d), include 180-design and 270-design housing. The department recognizes the security differences between a 180-design and 270-design facility. A 180-design facility provides more direct supervision and controlled movement.

(B) Determination of placement of an inmate into a 180-design or a 270-design facility shall be made by the following:

1. A Correctional Counselor assigned to the reception center during intake processing in accordance with section 3075.1.

2. The Departmental Review Board (DRB) for incarcerated persons released from Restricted Housing Unit (RHU) after serving an Administrative RHU Term, or upon referral in accordance with subsection 3376.1(d).

3. For all other determinations of placement not specified in subsections 3375.1(a)(4)(B)1. and 3375.1(a)(4)(B)2., a Classification Committee shall make the placement determination in accordance with section 3376.

(C) When making a determination for Level IV 180-design or 270-design facility incarcerated person placement, Correctional Counselors assigned to the reception center and any subsequent reviews conducted by a Classification Committee, or by the DRB for incarcerated persons who are released from RHU after serving an administrative RHU term, shall evaluate factors pursuant to subsection 3375(b). Additionally, the following factors shall be evaluated and considered:

1. Any Security Threat Group (STG) behavior.

2. A guilty finding or pending adjudication of a Rules Violation for act(s) of violence.

3. Departmental and institutional facility program or security needs.

(D) Determinations for placement of incarcerated persons into a 180-design or 270-design facility housing and the rationale and justification for these decisions shall be clearly articulated and documented pursuant to subsection 3375(g).

(b) An incarcerated person approved for transfer to a subfacility of a complex may be received and processed through a facility with a security level higher than that which is consistent with the incarcerated person's placement score. Such cases shall be transferred to the subfacility when bed space allows or, when appropriate, recommended for an administrative determinant which prohibits movement to the lower security level facility.

(1) The case shall be presented to a classification staff representative (CSR) for evaluation within 30 days of receipt at the facility unless the incarcerated person is on an approved waiting list maintained by the complex for placement of incarcerated persons at the approved subfacility.

(2) The transfer of an incarcerated person for more than 30 days from one subfacility of a complex to another subfacility which has a different security level, shall require a CSR endorsement. When the subfacility's security level is consistent with the inmate's placement score, the classification and parole representative (C&PR) or designated CC III acting as the CSR may endorse a case to the current institution, when appropriate for that subfacility.

Cal. Code Regs. Tit. 15, § 3375.1

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3020, 5054 and 5068, Penal Code; Wright v. Enomoto (1976) 462 F.Supp. 397; and Stoneham v. Rushen (1984) 156 Cal.App.3d 302.

1. Renumbering and amendment of section 3375(h) to section 3375.1 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.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. Renumbering and amendment of section 3375(h) to section 3375.1 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.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. Renumbering and amendment of section 3375(h) to section 3375.1 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.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations adopting sections 3375.1, 3375.2,3375.3, 3375.4, amending sections 3375, 3376, 3377, 3377.1 and repealing section 3375.1, filed 10-22-90; operative 11-29-90 (Register 91, No. 4).
8. Editorial correction of printing error inadvertently omitting text in subsection (a) (Register 91, No. 11).
9. Editorial correction of printing errors in subsections (a) and (b)(2) and Note (Register 92, No. 5).
10. Amendment of section and Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
12. Amendment of subsections (a)(1)-(4) and (b)(1)-(2) and Note filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
14. New subsections (a)(4)(A)-(D) filed 9-15-2015 as an emergency; operative 9/15/2015 (Register 2015, No. 38). This regulatory action was deemed an emergency pursuant to section 5058.3 of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 2-22-2016 or emergency language will be repealed by operation of law on the following day.
15. New subsections (a)(4)(A)-(D) refiled 2-18-2016 as an emergency; operative 2-18-2016 (Register 2016, No. 8). This regulatory action was deemed an emergency pursuant to section 5058.3 of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 7-27-2016 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-18-2016 order, including further amendment of subsections (a)(4)(A)-(D), transmitted to OAL 7-13-2016 and filed 8-11-2016; amendments effective 8-11-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 33).
17. Amendment of subsection (b)(2) filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed 8/23/2017 (Register 2017, No. 34).
19. Amendment of subsection (a)(4)(A)3. filed 10-9-2017 as an emergency; operative 10/9/2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
20. Amendment of subsection (a)(4)(A)3. refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).
22. Amendment of subsections (a)(4)(A)1.-2., repealer of subsections (a)(4)(A)2.(i), (a)(4)(A)2.(v) and (a)(4)(A)2.(vi), subsection renumbering and amendment of subsection (a)(4)(A)3. filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
23. Amendment filed 12-19-2023; operative 12/19/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 51).
24. Amendment of subsections (a)(4)(A)1.-2., repealer of subsections (a)(4)(A)2.(i), (a)(4)(A)2.(v) and (a)(4)(A)2.(vi) and subsection renumbering refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
25. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).