Section 3378.1 - Security Threat Group Certification ProcessThe California Department of Corrections and Rehabilitation (CDCR) prohibits offenders from creating, promoting, or participating in any Security Threat Group (STG). Any offender engaging in STG related behavior may be subject to criminal prosecution, in addition to any administrative sanctions imposed as a result of CDCR's disciplinary process.
(a) Definitions. (1) Certification of an STG-I or recognition of an STG-II means the formal designation of a group or gang as a security threat group based upon a STG Threat Assessment conducted by the Office of Correctional Safety (OCS). Prison gangs, disruptive groups and/or street gangs may be reviewed, categorized, and certified/recognized as a STG. Initial certification will be based upon the documented severity of the threat to the security of the institution and safety of staff and offenders.(2) STG Threat Assessment means an official assessment conducted by the OCS for use in the STG certification process. This assessment will specifically identify the reason a STG, based on documented evidence of violence, threat of violence and/or other serious STG behaviors, poses an immediate clear and present danger to the safety of any person or the security of the prison.(b) Security Threat Group Certification Criteria includes the following:(1) Information from any federal, state, county, or city correctional or law enforcement agency, identifying the propensity for violence or disruptive nature of the potential STG group being considered for certification.(2) Consideration with regard to whether the group meets the definition of a STG as defined in section 3000.(3) History of STG behavior in the community.(4) Evidence that the group presents a potential threat to the security of the institution and safety of staff and offenders.(5) History of threatening behavior to staff or offenders safety involving such acts as riots, group disturbances, possession or manufacture of weapons, assault/battery, trafficking of narcotics, extortion and/or coercion of other individuals or groups.(6) Documentation of violent and/or illegal activities which may also include planning, organizing, threatening, financing, soliciting, or committing unlawful acts.(7) Group evolution, structure, formalized procedures or bylaws, and/or membership characteristics.(8) Information concerning group meetings and membership criteria.(9) Chronology of events or other information evidencing a threat to institutional security or safety of staff and offenders through group activities, associations, and potential security alignments.(10) Tattoo, symbols, and graffiti documentation.(11) Group association evidence, including offender and staff interviews.(12) Available information concerning group philosophy and affiliations.(c) Security Threat Group Designation Levels. (1) Security Threat Group-I consists of groups, gangs, and/or historically based prison gangs that the CDCR has determined to be the most severe threat to the security of the institutions and communities based on a history and propensity for violence and/or influence over other groups.(2) Security Threat Group-II consists of other groups or gangs such as street gangs or disruptive groups comprised of members and associates who may be determined to be in a subservient role to the more dominant STG-I groups. Groups identified as STG-II are not required to be certified, as described in this section.(d) Requests for Certification of a Group at the STG-I level shall include the following: (1) Staff shall prepare a CDCR Form 128-B8, Security Threat Group Certification Worksheet ( 11/13 ), which is incorporated by reference, requesting that a STG Threat Assessment be initiated of the identified group. The completed document shall be routed through the chain of command prior to submission to OCS.(2) The Chief, OCS shall assign staff to complete an official STG Threat Assessment and determine whether the group should be recommended for certification as a STG-I. If recommended for STG-I certification, a STG Administrative Directive will be prepared and routed to the Secretary, CDCR, for review and approval/disapproval.(3) Re-certification of STG-I Designations. (A) The CDCR shall review its certification of STG-I designations at least every four years utilizing criteria in accordance with section 3378.1(b).(B) Information used in the re-certification process shall be no more than four years old.(C) OCS shall document the results of the re-certification review on a STG Administrative Directive and route to the Secretary, CDCR, and shall request either re-certification or decertification, based upon the level of threat and STG behavior noted from the group during the previous four years.(e) Requests for Recognition of a Group at the STG-II level shall include the following: (1) Institution Staff or Division Staff shall prepare a CDCR Form 128-B8, Security Threat Group Certification Worksheet ( 10/17 ), which is incorporated by reference requesting that a STG Threat Assessment be initiated of the identified group. The CDCR Form 128-B8 shall be routed through the chain of command prior to submission to OCS.(2) The Chief, OCS shall assign staff to complete a review of the request. The Chief, OCS, shall review all of the information to approve or deny the request for recognition as a STG-II. The Chief, OCS shall sign the memo.(f) Certification of STG Related Symbols: The process staff will utilize to request certification of a STG related sign or symbol is:(1) The Hiring Authority/designee of the requesting institution, parole region, or OCS unit, shall seek certification of a sign/symbol by forwarding a written request to OCS.(2) The request must detail the reason certification of the sign/symbol is warranted and must include: (A) Description, drawing, photo of sign or symbol.(B) Translation or meaning of the sign or symbol to the specific STG.(C) Relevance of the sign or symbol to the specific STG.(D) Evidence the sign or symbol has been adopted/accepted by the specific STG.(E) Means by which the information was obtained.(F) A listing of all corresponding documentation indicative of the sign or symbol being recognized by the specific STG.(3) The Chief, OCS, or designee shall review the submitted documents and approve/deny the request.(A) If the certification request is approved, dissemination of the newly certified sign or symbol will be made to DAI Wardens, OCS Agents, the inmate population, and all other interested parties.(B) Should the request be denied, a response reflecting the details of the denial will be forwarded to the Hiring Authority.(4) The CDCR shall review its certification of STG related signs and symbols at least every four years utilizing criteria outlined in this section.Cal. Code Regs. Tit. 15, § 3378.1
1. New section filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
3. Amendment of subsections (b) and (c) filed 12-29-2009; operative 1-28-2010 (Register 2010, No. 1).
4. Amendment of subsections (c)(1)-(c)(2), (d)(3)(C) and (e)(1) 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.
5. Amendment of subsections (c)-(c)(2), (d)(3)(C) and (e)(1) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). 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.
6. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10-3-2018 (Register 2018, No. 40). Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
1. New section filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
3. Amendment of subsections (b) and (c) filed 12-29-2009; operative 1-28-2010 (Register 2010, No. 1).
4. Amendment of subsections (c)(1)-(c)(2), (d)(3)(C) and (e)(1) 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.
5. Amendment of subsections (c)-(c)(2), (d)(3)(C) and (e)(1) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). 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.
6. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).