Cal. Code Regs. tit. 15 § 3313

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 3313 - Classification of Rules Violation Report and Notice of Pending Charges

(a) Each RVR shall be classified by designated staff not below the level required to conduct serious disciplinary hearings. Exception: In facilities with only one individual at the rank of correctional lieutenant or higher, an experienced correctional sergeant may classify rule violations.

Reports shall be classified as administrative or serious pursuant to sections 3314 and 3315.

(1) A CDCR Form 804 (Rev. 07/24), Notice of Pending CDCR-115, shall be completed by the classifying official and forwarded to Case Records within 48 hours of the incarcerated person being charged with a serious level offense (Division "F" through "A-1").

(A) For parole violators who are charged with any Division "A", "B", or "C" offense, or any incarcerated person who refuses to sign general and/or special conditions of parole or any form required by the Department of Justice explaining their responsibility to register under Penal Code section 290, Case Records staff shall ensure that the CDCR Form 804 is expedited to the Classification and Parole Representative to ensure revocation or revocation extension processes are initiated.

(b) Staff who review or classify a RVR shall not serve as the disciplinary hearing official for that rule violation.

(c) The classification of a RVR may be changed as follows:

(1) Before the disciplinary hearing, the official who initially classified the RVR or a staff member at a higher level may change the classification of the RVR.

(2) During the disciplinary hearing, the official conducting the hearing may reduce a serious classification to administrative as a finding of the hearing if the reduced charge meets the criteria of an administrative violation as described in section 3314.

(3) After the disciplinary hearing, the chief disciplinary officer may reduce a serious classification to administrative if the reduced charge meets the criteria of an administrative violation as described in section 3314.

(4) After the disciplinary hearing, an administrative classification shall not be changed to serious unless the chief disciplinary officer or director orders a rehearing of the charges as a serious rule violation.

(A) When a rehearing is ordered by the chief disciplinary officer or director, the incarcerated person shall be provided all rights and procedural safeguards of a serious rule violation hearing.

(B) An order for a rehearing shall be in writing and shall include the reasons for the order. A copy of the order shall be provided to the incarcerated person.

(C) Time limitations relative to the re-issued RVR shall commence on the date the chief disciplinary officer issues the order to re-hear pursuant to section 3320(a). Credit forfeiture will not be allowed if the time limitations were violated on the original RVR that was ordered re-issued/re-heard.

(5) If the RVR is reclassified from administrative to serious, the incarcerated person shall receive written notice and shall be subject to the provisions of Section 3315 of these regulations.

Cal. Code Regs. Tit. 15, § 3313

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2932 and 5054, Penal Code; and In re Hamilton (1991) 230 Cal.App.3d 1592, 281 Cal. Rptr. 900.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2932 and 5054, Penal Code; In re Hamilton (1991) 230 Cal.App.3d 1592, 281 Cal. Rptr. 900.

1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Repealer and new section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
4. Amendment of subsection (c) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
5. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. Change without regulatory effect amending Note filed 11-10-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 46).
7. Editorial correction establishing correct hierarchy for subsection designators (Register 2000, No. 23).
8. Amendment of subsection (b) filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (b) refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. New subsections (a)(1) and (a)(1)(A), amendment of subsections (c)(2)-(3) and new subsection (c)(4)(C) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4(Register 2008, No. 32).
12. Amendment of section and repealer of forms CDC 115 and CDC 115A 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.
13. Certificate of Compliance as to 6-2-2016 order, including amendment of subsections (a)(1)-(a)(1)(A) and (c)(1), 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).
14. Change without regulatory effect amending subsections (a)(1)-(a)(1)(A), (c)(4)(A)-(B) and (c)(5) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).