Cal. Code Regs. tit. 15 § 3322

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

Section 3322 - Length of Confinement

(a) No incarcerated person shall be kept in disciplinary detention or confined to quarters more than ten (10) days. The chief disciplinary officer may shorten time spent in disciplinary detention or confined to quarters if the incarcerated person appears ready to conform and the facility disciplinary process will benefit by such an action. When the disciplinary detention or confined to quarters disposition has expired and continued restricted housing is deemed necessary, the incarcerated person shall be processed pursuant to section 3335.

(b) Time spent in restricted housing pending a disciplinary hearing shall normally be credited toward any disciplinary detention or confined to quarters sentence imposed. Reasons for not granting such credit shall be explained in the disposition section of the RVR.

(c) No incarcerated person shall be confined to quarters or otherwise deprived of exercise as a disciplinary disposition longer than ten days unless, in the opinion of the institution head, the incarcerated person poses such an extreme management problem or threat to the safety of others that longer confinement is necessary. The director's written approval is required for such extended confinement.

Cal. Code Regs. Tit. 15, § 3322

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

1. Amendment of section and new Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
2. Amendment of subsection (b) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-2-2016 order transmitted to OAL 11-7-2016 and filed 12/22/2016 (Register 2016, No. 52).
4. Amendment of subsections (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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (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.
6. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
7. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (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).