Section 3376 - Classification Committees(a) The following terms are defined for the purposes of this section: (1) Camp means the type of subfacility of an institution which is normally located in a rural area and which has no secure (fenced or walled) perimeter. Camp incarcerated persons are generally assigned to conservation and/or road details.(2) Community-access facility (CAF) means any facility located in the community, administrated by the Division of Adult Parole Operations, where incarcerated persons have access to the community for work or training and which has no secure (fenced or walled) perimeter.(3) Community correctional facility (CCF) means a facility located in the community, administrated by the Parole and Community Services Division, where incarcerated persons do not have unsupervised access to the community and which has a secure (fenced) perimeter.(4) Facility means any institution, community-access facility, community correctional facility, or any camp or other subfacility of an institution under the jurisdiction of the department.(5) Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.(b) Each facility shall establish classification committees as provided herein. A quorum for any committee at a CAF shall be a minimum of two persons who shall be the chairperson and recorder. A quorum at all other facilities shall be a minimum of three persons who shall be the chairperson, recorder and any other member.(c) Composition of committees: (1) Initial and Unit Classification Committees shall consist of:(A) Captain or CAF/CCF manager (chairperson).(B) Correctional counselor III, parole administrator I, parole agent III, or assistant CAF/CCF manager; or, for CAF/CCFs only, designated supervisory peace officer at the rank of correctional lieutenant, or above (alternate chairperson).(C) Correctional counselor II, correctional counselor I, or parole agent II (recorder).(D) Assignment lieutenant (initial classification), program lieutenant (unit classification), or CAF/CCF incarcerated person assignment/program coordinator.(E) Educational or Career Technical Education program representative.(F) Other staff as required.(2) Institution Classification Committees (ICC) and Facility Classification Committees (FCC) shall consist of:(A) Warden, regional parole administrator, deputy warden, or deputy regional parole administrator (chairperson).(B) Correctional administrator or parole administrator I (alternate chairperson).(C) Psychiatrist or physician.(E) Correctional counselor III, parole agent III, correctional counselor II, or parole agent II (recorder).(F) Assignment lieutenant or CAF/CCF incarcerated person assignment/program coordinator.(G) Educational or Career Technical Education program representative.(H) Other staff as required.(3) Camp Classification Committee shall consist of: (A) Correctional lieutenant (chairperson).(B) Correctional counselor I (alternate chairperson, recorder).(C) Correctional sergeant.(D) Staff representative of camp contracting agency.(4) Security Threat Group (STG) Unit Classification Committee shall consist of: (A) Captain (Chairperson).(B) Correctional Counselor II or alternate (Recorder).(C) Correctional Counselor I.(D) Other staff as required.(d) Classification committee functions:(1) Initial Classification Committees shall:(A) Evaluate case factors and assist the incarcerated person to understand facility expectations, available programs, and resources.(B) Initiate an education, Career Technical Education program, or work program; designate a credit earning and privilege group; and assign a custody designation for each incarcerated person.(C) Refer complex cases to the ICC or FCC.(D) Recommend transfer of a new arrival determined to be inappropriately placed.(E) Grant work credits to which the incarcerated person is entitled while in transit.(2) Unit Classification Committees shall: (A) Review each incarcerated person's case at least annually to consider the accuracy of the incarcerated person's classification score, custody designation, program, work and privilege group, and facility placement, including recommendation for transfer. A parole violator's first annual review may be delayed for up to five months so that it will coincide with classification score updates.(B) Change in incarcerated person's work/privilege group.(C) Conduct post board classification on an incarcerated person within 15 days of receipt of official notice of a Board of Parole Hearings' decision regarding the incarcerated person.(D) Act on an incarcerated person's request for restoration of forfeited credits for less than Division C offenses in accordance with section 3327.(E) Review confidential information to ensure the standards for confidential information have been met, in accordance with section 3321.(3) Institution and Facility Classification Committees shall: (A) Recommend transfer of incarcerated persons.(B) Act on cases referred by lower committees.(C) Review incarcerated person requests for meritorious sentence reduction to determine compliance with Penal Code section 2935.(D) Make referrals and recommendations through the chief, classification services, for cases requiring Departmental Review Board (DRB) decisions.1. Any offender who is denied housing in a General Population (GP) setting based on possible safety concerns shall have an investigation into the incarcerated person's safety concerns completed by designated staff. All confidential information referenced in the safety investigation shall be disclosed to the offender utilizing Confidential Information Disclosure Form(s) in accordance with section 3321.2. Offenders shall be given at least 72-hours advance notice of the safety concern interview. The incarcerated person shall be provided with disclosures of confidential information, and/or copies of non-confidential documents at least 72-hours prior to an interview with the incarcerated person. The interview with the Investigator may be held earlier if the offender waives, in writing, the 72-hour preparation period.3. During the face to face interview with the investigator, the subject will be given a meaningful opportunity to be heard in regard to the information used in the validation of safety concerns. The incarcerated person will be assigned a Staff Assistant when warranted and effective communication will be addressed. The incarcerated person will be allowed the opportunity to refute any information, provide clarification, or provide additional information as to why the disclosed information may no longer be accurate.4. Upon conclusion of the investigation, the safety concern evaluation shall be forwarded to classification staff for an ICC hearing. If applicable, the investigator's safety closure report must identify the information used as evidence to support that the prior conflict(s) included in the safety investigation no longer pose a threat to the incarcerated person.(E) Change an incarcerated person's work/privilege group.1. incarcerated persons assigned to Privilege Group C who participate in the Mental Health Services Delivery System at the Enhanced Outpatient Program (EOP) level of care or higher shall be referred to the Interdisciplinary Treatment Team (IDTT) via CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, for a program review.2. Within five (5) working days, IDTT may recommend certain privileges be granted to the incarcerated person on a case-by-case basis when it is determined suspension of privileges would cause decompensation or would be detrimental to the incarcerated person's mental health status. In this event, the correctional counselor attending IDTT shall refer the incarcerated person to the classification committee for consideration of reinstating privileges, or the Captain for cases described in subsection 3044(f)(1)(B)4.3. Each time the classification committee, or the Captain for cases in accordance with subsection 3044(f)(1)(B)4., reinstates privileges, the correctional counselor attending committee or the Captain shall ensure housing unit staff are made aware of any privileges reinstated to the incarcerated person or if the removal of Privilege Group C has occurred. Any changes shall be documented on a CDC Form 128-B (Rev. 04/74), General Chrono, and distributed to the housing unit and the incarcerated person following the classification committee or Captain's decision and shall be effective immediately.4. The primary clinician is required to monitor the incarcerated person's mental health status. At any time if it is determined the mental health of an incarcerated person placed into Privilege Group C has declined as a result of suspension of privileges, the Primary Clinician shall refer the incarcerated person to IDTT for a program review. IDTT may recommend documentation of concerns and findings and a copy will be provided to the assigned correctional counselor for referral to the classification committee. The primary clinician shall communicate with the classification committee clinician prior to the classification committee commencement, ensuring the recommendation noted on the CDC 128-C (Rev. 01/96), Medical-Psychiatric-Dental (Chrono), is reviewed, discussed and documented.5. The classification committee shall consider the input provided by the primary clinician via the CDC 128-C (Rev. 01/96), when determining whether an incarcerated person will be removed from Privilege Group C and document the findings on the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference.6. An incarcerated person deemed a program failure, as defined in Section 3000, who is permanently transferred to another institution shall be returned to the privilege group they have before being placed on Privilege Group C.(F) Review confidential information to ensure the standards for confidential information have been met, in accordance with section 3321.(G) Refer the case to the DRB upon completion of a Determinate RHU term when ICC determines that overwhelming evidence exists supporting an immediate threat to the security of the institution or the safety of others.(H) Refer the case to the DRB when an incarcerated person has a substantial disciplinary history consisting of no less than three RHU/SHU terms within the past five (5) years, substantial justification exists for the need for continued RHU placement due to the incarcerated person's on-going threat to safety and security of the institution and/or others, and the incarcerated person cannot be housed in less-restrictive housing.(4) Camp classification committees shall perform all functions designated above for unit and initial classification committees.(5) STG Unit Classification Committee shall: (A) Review all STG validation packages for accuracy, compliance, and to ensure due process requirements have been met.(B) Review Dropout status affiliate's new disciplinary behavior for documented nexus to STG behavior as noted in the RVR, or other source items of intelligence.(C) Review information or intelligence received from outside law enforcement agencies to ensure formal documentation is completed and/or the disciplinary process is initiated, when appropriate.(D) Review confidential information to ensure the standards for confidential information have been met, in accordance with section 3321.Cal. Code Regs. Tit. 15, § 3376
Note: Authority cited: Sections 3303 and 3309, Welfare and Institutions Code; and Sections 5058 and 6252, Penal Code. Reference: Sections 2933, 5054 and 5068, Penal Code.
Note: Authority cited: Sections 3303 and 3309, Welfare and Institutions Code; and Sections 5058 and 6252, Penal Code. Reference: Sections 2933, 5054 and 5068, Penal Code.
1. Repealer and new section 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. Repealer and new section 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. Repealer and new section 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 amending section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of printing error in subsection (b)(3)(D) (Register 92, No. 5).
9. Repealer of subsection (b)(2)(C), subsection relettering, and amendment of subsection (b)(3)(E) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
10. Amendment of subsection (b)(2)(C) and repealer of subsection (b)(3)(E) and subsection relettering pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
12. Amendment of section and Note filed 5-1-97; operative 5-31-97 (Register 97, No. 18).
13. Amendment of subsection (d)(2)(A) filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-28-97 order transmitted to OAL 10-27-97 and filed 12-8-97 (Register 97, No. 50).
15. Amendment of subsection (d)(2)(A), new subsection (d)(2)(B), subsection relettering and amendment of subsection (d)(3)(E) filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (d)(2)(A), new subsection (d)(2)(B), subsection relettering and amendment of subsection (d)(3)(E) refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
18. Change without regulatory effect amending subsection (d)(2)(C) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
19. Amendment of subsections (c)(1)(E), (c)(2)(H) and (d)(1)(B) 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.
20. Change without regulatory effect amending subsection (a)(2) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
21. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5-14-2014 (Register 2014, No. 20).
22. New subsections (c)(4)-(c)(4)(D), (d)(3)(F)-(d)(3)(F)2. and (d)(5)-(d)(5)(D) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
23. Amendment of subsection (d)(5)(B) filed 6-2-2016 as an emergency; operative6/2/2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 6-2-2016 order transmitted to OAL 11-7-2016 and filed 12/22/2016 (Register 2016, No. 52).
25. Amendment of subsection (c)(4)(B), new subsections (d)(2)(E), (d)(3)(D)1.-4. and (d)(3)(F), subsection relettering, amendment of newly designated subsections (d)(3)(G)-(d)(3)(G)2., new subsections (d)(3)(H)-(J), amendment of subsections (d)(5) and (d)(5)(C)-(D) and new subsection (d)(5)(E) 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.
26. Amendment of subsection (c)(4)(B), new subsections (d)(2)(E), (d)(3)(D)1.-4. and (d)(3)(F), subsection relettering, amendment of newly designated subsections (d)(3)(G)-(d)(3)(G)2., new subsections (d)(3)(H)-(J), amendment of subsections (d)(5) and (d)(5)(C)-(D) and new subsection (d)(5)(E) 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.
27. Certificate of Compliance as to 3-5-2018 order, including amendment of subsection (d)(3)(G)2., transmitted to OAL 8-21-2018 and filed 10-3-2018; amendments effective 10/3/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 40).
28. New subsections (d)(3)(E)(1)-(6) filed 2-24-2021; operative 4/1/2021 (Register 2021, No. 9). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)
29. Amendment 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.
30. Amendment 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.
31. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
32. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (d)(3)(E)2., (d)(3)(E)5. and (d)(3)(G)-(H), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).