Section 3312 - Disciplinary Methods(a) Incarcerated person misconduct shall be handled by: (1) Verbal Counseling. Staff may respond to minor misconduct by verbal counseling. When verbal counseling achieves corrective action, a written report of the misconduct or counseling is unnecessary.(2) Counseling Only Rules Violation Report. When similar minor misconduct reoccurs after verbal counseling or if documentation of minor misconduct is needed, a description of the misconduct and counseling provided shall be documented on a Counseling Only Rules Violation Report. This Counseling Only Rules Violation Report is meant for documenting an event or misconduct on the part of the incarcerated person; the Chrono is auto populated with the incarcerated person's name number and date. A copy of the completed Counseling Only Rules Violation Report shall be provided to the incarcerated person. Disposition of any contraband involved shall also be documented in the Counseling Only Rules Violation Report.(3) Rules Violation Report. When misconduct is believed to be a violation of law or is not minor in nature, it shall be reported on a Rules Violation Report (RVR). The RVR is a computer generated standard form with information inputted by staff. The RVR will be digitally signed by the reporting employee. The RVR shall contain, at a minimum, the following elements: The charged incarcerated person's name, number, release date, facility, housing assignment, violation date, violation time, (Violation date and time means discovery date and time) whether or not the misconduct was related to Security Threat Group activity, circumstances surrounding the misconduct, the reporting employee's; name, and title, RVR log number, the violated CCR, Title 15 rule number, specific act, level, division, whether or not the charge will be referred for prosecution, reviewing supervisors name and title, and the classifying official's name and title. The RVR shall include; a section for the incarcerated person to indicate whether or not they wish to postpone the RVR process if felony prosecution is likely, a section to indicate if they wish to request or waive an assignment of a Staff Assistant or Investigative Employee. A summary of disciplinary procedures and incarcerated person rights is also provided to the incarcerated person explaining the administrative hearing time frames, the roles of both the staff assistant and the investigative employee, and the referral for prosecution is explained. The incarcerated person's appeal rights are also explained. (A) Unless an incarcerated person charged with serious misconduct requires temporary restricted housing pursuant to subsection 3335(c) pending adjudication of the disciplinary charges, the incarcerated person may be retained in regularly assigned housing, work, and program assignments.(B) If the incarcerated person is placed in a restricted housing unit pending the disciplinary proceedings, the official making the housing decision shall ensure compliance with the provisions of article 7 of this subchapter.(b) Stacking of RVRs is prohibited. If two or more rules violations are related during a single event, the incarcerated person shall be charged with and issued a single RVR for the most serious of the related rules violations. Other related rules violation(s) shall be noted in the RVR as supporting evidence. When staff are authoring RVRs, staff shall ensure that they are not stacking RVRs. The reviewing supervisor shall ensure that stacking of RVRs has not taken place.(c) Chief Disciplinary Officer (CDO) Review of Disciplinary Actions. All disciplinary methods and actions shall be reviewed by the CDO, who shall be the institution head or a designee not below the level of Correctional Administrator or Parole Administrator I. (1) The CDO shall affirm, reverse, or modify the disciplinary action or credit forfeiture, or combine any of these actions. The CDO may order a different action, order a different method of discipline, dismiss a charge, order a rehearing of the charge, or combine any of these actions.(2) Except upon discovery of information or evidence not available or reasonably discoverable at the time of a disciplinary action, an order for a different method of discipline or for rehearing of the charges shall not result in greater penalty or more severe action than that originally taken.Cal. Code Regs. Tit. 15, § 3312
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (c) filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
3. Repealer of subsections (c) and (d) and new subsections (c), (d), (e), and (f) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
4. Amendment of subsection (d) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 19).
5. Amendment of subsection (b) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
6. Editorial correction of printing errors in CDC Forms 115 and 115-A and descriptive text (Register 92, No. 5).
7. Amendment including relocation of former subsections 3317(a)-(b)(2) to subsections 3312(a)(3)(A)-(B) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
8. Amendment of subsections (a)(2)-(3), new subsections (a)(3)(A)-(H) and subsection relettering filed 6-2-2016 as an emergency; operative 6/2/2016 (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.
9. Certificate of Compliance as to 6-2-2016 order, including amendment of subsections (a)(2)-(3), repealer of subsections (a)(3)(A)-(H) and subsection relettering, transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective 12/22/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 52).
10. Amendment of subsections (a)(3)(A)-(B) 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.
11. Amendment of subsections (a)(3)(A)-(B) 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.
12. New subsection (b), subsection relettering and amendment of newly designated subsections (c)-(c)(1) filed 4-8-2024; operative 7/1/2024 (Register 2024, No. 15).
13. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
14. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (a)(3)(A), 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).