Section 3269.4 - Non-Designated Programming Facility(a) Non-Designated Programming Facility (NDPF). NDPF houses inmates who demonstrate positive behavior and a willingness to participate in rehabilitative programs and conform to departmental policies, free from Security Threat Group (STG) influence and behavior.(b) An inmate shall be excluded or removed from NDPF placement in accordance with either of the following criteria:(1) The inmate was found guilty and assessed a Restricted Housing Unit (RHU) term pursuant to subsection 3337(g)(1)-(3), or any RHU-related offense pursuant to subsection 3337(g) with an STG nexus.(A) An inmate shall be evaluated or re-evaluated for NDPF twelve months after the Restricted Housing Unit Maximum Release Date (RHU MRD), or the date the Institution Classification Committee (ICC) elected to suspend the remainder of the RHU MRD, during the inmate's first annual classification committee review, and annually thereafter.(2) The inmate was found guilty of a serious Rules Violation Report (RVR) related to documented or referenced STG behavior. (A) An inmate shall be re-evaluated for NDPF twelve months after the date of the RVR, during the inmate's first annual classification committee review, and annually thereafter.(c) A classification committee may temporarily exclude or remove an inmate from NDPF for twelve months from the date the projected RHU term expires or the date ICC elected to release the inmate from restricted housing, when the inmate has elected to postpone the disciplinary hearing of a RVR that qualifies as exclusionary criteria as delineated in subsection 3269.4(b)(1).(d) An ICC may review and approve an inmate to NDPF or return to NDPF at any time during the twelve-month period described within these regulations, when an ICC determines the inmate does not pose an unreasonable threat to the safety and security of the NDPF. (1) Only the Warden or their designee shall have the discretion to grant the ICC review.(2) The Warden or their designee's familiarity with the case may result in the decision to review the case or it may be based on the recommendation of institutional staff.Cal. Code Regs. Tit. 15, § 3269.4
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
1. New section filed 11-14-2022; operative 11/14/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).
2. Amendment of subsections (b)(1)-(b)(1)(A) and (c) 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.
3. Amendment of subsections (b)(1)-(b)(1)(A) and (c) 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.