Cal. Code Regs. tit. 15 § 3338

Current through Register 2024 Notice Reg. No. 14, April 5, 2024

Section 3338 - Suspending Restricted Housing Unit Terms

(a) Determinate Restricted Housing Unit (RHU) Terms.

(1) ICC may commute or suspend any portion of a Determinate RHU term. Once commuted, the term shall not be re-imposed. ICC may suspend a Determinate RHU term any time it is determined an inmate no longer poses a threat to the safety of any person or the security of the institution. Additionally, ICC may suspend a Determinate RHU term for purposes of inpatient medical or mental health treatment when deemed medically necessary. Any ICC action to suspend or commute a Determinate RHU term shall clearly articulate substantive justification for the decision on the automated Classification Committee Chrono (05/19), which is incorporated by reference.

(A) ICC shall suspend any portion of a RHU term during any time the inmate was not on restricted housing status.

(B) The remaining time of the suspended RHU term continues to run while the inmate is no longer in restricted housing as long as the inmate remains in CDCR custody. For the purposes of this provision, "CDCR custody" includes inmates out-to-court and housed in a county facility unless they are under the jurisdiction of the United States Marshals Service.

(C) The ICC action to suspend a RHU term may require CSR review for placement consideration and/or audit. ICC has the authority to release an inmate to a GP within the same institution pending placement review, as appropriate. If multiple RHU terms are suspended, the RHU term with the most distant RHU MRD need only be addressed. In this circumstance, any remaining RHU terms with unexpired RHU MRDs shall be considered suspended.

(2) If an inmate paroles while serving a Determinate RHU term, the remaining time on the RHU term is automatically suspended and any remaining time stayed. Any remaining RHU time shall be recalculated and assessed should the inmate return to custody, so long as the inmate maintains the same CDCR identification number.

(3) If an inmate paroles prior to assessment of a Determinate RHU term, the ICC shall address the unresolved term should the inmate return to CDCR custody with the same CDCR identification number, in accordance with section 3337.

(b) Administrative RHU terms.

(1) ICC may end an Administrative RHU term for purposes of inpatient medical or mental health treatment when deemed medically necessary.

(2) ICC shall refer the case to DRB if a determination is made that an inmate no longer poses a threat to the safety of any person or the security of the institution. DRB shall assess the inmate's case factors and determine appropriate housing.

(3) ICC shall refer the case to DRB if a determination is made that retention on Administrative RHU status is warranted. DRB shall assess the inmate's case factors and disciplinary behavior and articulate the basis for the need to continue the inmate on Administrative RHU status in accordance with section 3339.

(4) If an inmate paroles while on an Administrative RHU term, the RHU term will be stayed. If the inmate returns to CDCR custody, the Administrative RHU term will be addressed in accordance with section 3339.

Cal. Code Regs. Tit. 15, § 3338

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; and Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.

1. Amendment of subsections (a)(2) and (a) (3) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
2. Change without regulatory effect amending subsections (c) and (g) filed 5-7-96; operative 6-6-96 (Register 96, No. 19).
3. Change without regulatory effect amending subsection (b) filed 7-30-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 31).
4. Change without regulatory effect amending subsection (b) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
5. Change without regulatory effect amending subsections (c) and (g) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
6. Amendment of section heading, repealer and new section and amendment of Note filed 6-1-2015 as an emergency; operative 6-1-2015 (Register 2015, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12/3/2015 (Register 2015, No. 49).
8. Amendment of subsections (a)-(a)(1), (b) and (b)(3)-(c) filed 6-9-2020; operative 10/1/2020 (Register 2020, No. 24).
9. Amendment of subsection (a)(2) filed 11-30-2021; operative 1/1/2022 (Register 2021, No. 49).
10. Amendment of subsection (c)(2)(B)1. and 4., new subsection (c)(2)(B)5. and subsection renumbering, repealer of form CDC 629-A, and new form CDC 629-A filed 2-8-96 as an emergency per Penal Code section 5058(e); operative 2-8-96 (Register 96, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-18-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-8-96 order including amendment of form CDC 629-A transmitted to OAL 6-17-96 and filed 7-30-96 (Register 96, No. 31).
12. New subsection (c)(2)(A)1. designator, new subsections (c)(2)(A)2. and (c)(4) and subsection relettering filed 1-21-99 as an emergency; operative 1-21-99 (Register 99, No. 4). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-30-99 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 1-21-99 order transmitted to OAL 6-30-99 and filed 8-12-99 (Register 99, No. 33).
14. Amendment of subsections (c)(2)(A)1. and 2. and (c)(4), new subsections (c)(5) and (c)(6), subsection renumbering, amendment of newly designated subsection (c)(10) and amendment of NOTE filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
16. Change without regulatory effect amending subsection (c)(2)(B)1. filed 10-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 42).
17. Amendment of subsection (c)(6) and NOTE filed 5-25-2006; operative 5-25-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
18. Change without regulatory effect amending subsection (b) filed 6-27-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
19. New subsections (c)(9)(K)-(c)(9)(K)2., subsection relettering and amendment of NOTE filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 2-23-2007 order, including amendment of subsection (c)(9)(K)1.-2., transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
21. New subsection (c)(9)(L) and subsection relettering filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
22. Amendment of subsection (b) filed 9-29-2009; operative 10-29-2009 (Register 2009, No. 40).
23. New subsections (c)(2)(A)3. and (c)(2)(B)8.-9., subsection renumbering, new subsection (c)(2)(C) and amendment of subsection (c)(7) filed 11-14-2011 as an emergency; operative 11-14-2011 (Register 2011, No. 46). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-23-2012 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 11-14-2011 order transmitted to OAL 2-29-2012 and filed 4-5-2012 (Register 2012, No. 14).
25. Amendment filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
26. Repealer of section and SHU Time Computation Table (CDCR Form 629-D) and new section filed 6-1-2015 as an emergency; operative 6-1-2015 (Register 2015, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.
27. Certificate of Compliance as to 6-1-2015 order, including amendment of subsection (a), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective 12/3/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).
28. Repealer and new section filed 10-9-2017 as an emergency; operative 10-9-2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
29. Repealer and new section refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
30. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10-3-2018 (Register 2018, No. 40).
31. Amendment of subsections (a)(1) and (b)(1) filed 10-28-2021; operative 1-1-2022 (Register 2021, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
32. Renumbering of former section 3341.5 to section 3338 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.