Cal. Code Regs. tit. 15 § 3274

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 3274 - Inmate Count and Movement

(a) Inmate count. Every institution head shall maintain a system to account at all times for inmates under their jurisdiction. A physical count of all inmates shall be taken at least four times during each calendar day unless otherwise authorized in writing by the director. No inmate activity shall be scheduled at a time which would disrupt a facility count.

(1) Standing count. At least one daily count shall be a standing count wherein inmates shall stand at their cell door or, in a dormitory, shall sit on their assigned bed during the designated count time.

(2) Emergency count. If staff determines an inmate may be missing, an emergency count shall be conducted to determine whether an escape has occurred and, if so, the identity of the escapee. When an emergency count is announced, inmates shall return to their assigned housing, except in a medical emergency or other exception specifically authorized by the official in charge.

(b) Inmate movement. Each facility shall establish a schedule of routine inmate movement to and from the facility's activities and assignments such as work and education, and the gym or exercise yard.

(1) Appointments. A CDC Form 129 (Rev. 7/88), Inmate Pass, shall be issued to an inmate approved for movement to a scheduled non-routine appointment. Medical service and case work appointments shall not be scheduled during an inmate's work or program hours unless an inmate cannot otherwise obtain the service or case work.

(2) Unscheduled movement. If unscheduled movement of an inmate is necessary, such movement shall not take place unless the inmate is escorted by staff, or a pass has been issued by staff authorizing the movement.

(3) Routine movement. A gate pass shall be maintained for each inmate assigned to work outside a facility's security area. The gate pass shall:

(A) Not be handled by any inmate.

(B) Include the inmate's identification photo, name, CDC number, housing assignment, custody designation, assignment requiring the gate pass, effective date of the pass, times the inmate is authorized to pass through the gate, and the signature of a facility official authorized to approve gate passes.

(C) Be rescinded by staff at the level of correctional lieutenant or higher, pending a classification committee review whenever:

1. A hold or detainer against an inmate's release, or notice thereof, is received by the facility.

2. Staff determines from the inmate's behavior that the inmate may require increased supervision.

3. Staff receives information indicating an inmate's increased escape potential.

(c) Lockdown or Modified Program. Facility procedures governing the restriction of inmate movement during a lockdown or modified program shall be established and updated daily during any lockdown or modified program.

(d) Limited visibility. When visibility at a facility is severely restricted or a state of emergency is declared, inmates shall be confined to their housing units, except as otherwise authorized by the official in charge. In such circumstances, all inmate movement shall be under the direct and constant supervision of staff.

Cal. Code Regs. Tit. 15, § 3274

1. Amendment filed 7-29-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment of section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 23).
4. Amendment of subsection (c) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079 and 5054, Penal Code.