Section 3335.1 - Exclusions(a) Removal of an inmate from the General Population (GP) for the reasons described in this section is not considered placement in restricted housing and is specifically excluded from the other provisions of this article.(b) Medical. When an inmate is removed from the GP for medical or psychiatric reasons by order of healthcare staff and the inmate's placement is in a medical setting or in other housing as a medical quarantine, the inmate will not be deemed as restricted housing for the purpose of this article. Restricted Housing inmates with healthcare concerns shall remain on restricted housing status, regardless of housing.(c) Lay-Over. Newly received inmates in transit or lay-over status may be restricted to assigned quarters for that purpose. Such restrictions should not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing. If restricted housing is used for this purpose, such placement shall be in accordance with the provisions of Subchapter 4, Article 7.(d) Orientation. Newly received inmates may be restricted to assigned quarters for that purpose. Such restrictions should not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing. If restricted housing is used for this purpose, such placement shall be in accordance with the provisions of Subchapter 4, Article 7.(e) Disciplinary Detention. Placement in disciplinary detention as an ordered action of a disciplinary hearing is not subject to the provisions of this article.(f) Confinement to Quarters. Confinement to quarters as an ordered action of a disciplinary hearing is not subject to the provisions of this article.(g) Protective Housing Unit (PHU). A PHU houses inmates whose safety would be endangered by general population inmates, and provides secure housing and care for inmates with safety concerns of such magnitude that no other viable housing options are available, subject to approval by the Departmental Review Board (DRB). (1) An inmate meeting all of the following criteria may be placed in PHU:(A) The inmate does not require restricted housing placement for reasons other than protection.(B) The inmate is not documented as an affiliate of an STG-I.(C) An Institution Classification Committee has determined that the inmate does not pose a threat to the safety or security of other inmates similarly housed in the PHU.(D) The inmate has specific, documented and verified safety and/or enemy concerns, capable of causing and likely to cause the inmate great bodily injury if placed in the general population.(E) The inmate has notoriety likely to result in great bodily injury to the inmate if placed in the general population.(F) There is no alternative placement available that can both ensure the inmate's safety and provide the level of custody required for the appropriate control of the inmate's movement.(2) The inmate's uncorroborated personal report, the nature of their commitment offense or a record of prior protective custody shall not be the sole basis for PHU placement.(3) The Departmental Review Board (DRB) shall retain sole authority for inmate placement in and removal from PHU.Cal. Code Regs. Tit. 15, § 3335.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
1. Renumbering and amendment of former section 3335.5 to new section 3335.1 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.
2. Renumbering and amendment of former section 3335.5 to new section 3335.1 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.