Section 3293 - Polygraph and Computer Voice Stress Analyzer Examinations(a) Polygraph examinations may be administered by departmental staff to incarcerated persons, supervised persons, and employees in the course of an investigation of official matters, under the following conditions: (1) The examinee has, without coercion, signed a written statement of consent to the examination.(2) The polygraph examiner is a Office of Correctional Safety staff member.(3) The Assistant Secretary or designee, Office of Correctional Safety, has approved the examination.(b) Polygraph examinations shall not be used as an alternative to regulatory requirements for determining a person's guilt or innocence of charges in disciplinary matters.(c) Computer Voice Stress Analyzer Examinations, as defined in section 3000, shall be administered by a Computer Voice Stress Analyzer Examiner, as defined in section 3000, to an Examinee, as defined in section 3000, under the following conditions: (1) The Examinee consents to the Computer Voice Stress Analyzer Examination and knowingly and voluntarily agrees to the examination on CDC Form 128B (Rev. 4/74), General Chrono.(2) The Computer Voice Stress Analyzer Examiner's certification is current.(3) The Hiring Authority, as the term is defined in section 3392(a)(11), approves the use of the Computer Voice Stress Analyzer Examination as part of an investigation into a threat assessment.(4) The Computer Voice Stress Analyzer Examination shall be audio recorded.(d) Computer Voice Stress Analyzer Examinations shall not be used as an alternative to regulatory requirements for determining a person's guilt or innocence of charges in disciplinary matters.Cal. Code Regs. Tit. 15, § 3293
Note: Authority cited: Section 5058, Penal Code. Reference: Section 3307, Government Code; Section 5054, Penal Code; and Long Beach City Employee's Association v. City of Long Beach (1986) 41 Cal.3rd 937, 227 Cal.Rptr. 90.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 3307, Government Code; Section 5054, Penal Code; and Long Beach City Employee's Association v. City of Long Beach (1986) 41 Cal.3rd 937, 227 Cal.Rptr. 90.
1. New section filed 2-27-89; operative 3-29-89 (Register 89, No. 10).
2. Change without regulatory effect of subsections (a) and (b) pursuant to section 100, title 1, California Code of Regulations filed 2-21-90 (Register 90, No. 11).
3. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
4. Change without regulatory effect amending subsections (a)(2) and (a)(3) filed 4-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 16).
5. Amendment of section heading and new subsections (c)-(d) filed 1-24-2023; operative 4-1-2023 (Register 2023, No. 4).
6. Change without regulatory effect amending subsection (a) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).