(a) If departmental staff receives a written complaint from a reporting party alleging staff misconduct toward an incarcerated or supervised person, the department staff receiving the complaint shall refer the complaint to CST and notify their supervisor to determine if it contains information constituting an imminent risk to personal safety, institutional security, or involves sexual abuse or acts of sexual misconduct as defined by the federal Prison Rape Elimination Act (PREA) and the California Sexual Abuse in Detention Elimination Act.(b) Allegations of staff misconduct not involving an incarcerated or supervised person shall not be referred to CST. If a complaint is received by CST that does not contain allegations involving misconduct towards an incarcerated or supervised person, CST shall refer the complaint to the Hiring Authority for disposition.(c) Complaints of misconduct not involving departmental staff.(1) If a hiring authority receives a complaint of misconduct, that does not involve departmental staff, the hiring authority shall advise the reporting party that the subject of the complaint is not employed by CDCR and is outside the department's jurisdiction.(2) For all allegations of misconduct, excluding sexual abuse or sexual misconduct allegations as defined in PREA, the reporting party shall be advised to file a complaint directly with the appropriate outside entity.(3) For allegations of sexual abuse or sexual misconduct as defined by PREA, the hiring authority receiving the complaint shall notify the appropriate outside entity of the allegations as required by law, and inform the reporting party of this referral.(d) Verbal Complaints (1) Department staff shall document in writing any verbal complaints received that involve an allegation that an incarcerated or supervised person was subject to unnecessary or excessive use of force, staff-on-offender sexual misconduct, or sexual harassment. The departmental staff receiving the complaint shall refer the complaint to CST, and immediately forward the complaint to their hiring authority. If the subject of the complaint is a hiring authority, the allegation shall be referred to the hiring authority's supervisor.(2) For all other verbal complaints, departmental staff shall provide the reporting party with information on how to submit their complaint in writing.(e) The CST shall review all complaints received and make a Screening Decision.(f) Assigned CST staff shall review each document received to determine if it contains information constituting an imminent risk to personal safety, institutional security, or involves sexual abuse or acts of sexual misconduct as defined by the federal Prison Rape Elimination Act (PREA) and the California Sexual Abuse in Detention Elimination Act. In those instances, CST shall immediately notify the hiring authority of the affected institution or program for appropriate action.(g) The CST may conduct a clarification interview if required to make a screening decision. The clarification interview shall be conducted in a manner that provides as much privacy for the claimant as operationally feasible.(h) When an allegation of staff misconduct toward an incarcerated or supervised person is identified by CST, CST shall make a screening decision. If CST's screening decision is to refer the complaint to the hiring authority for an allegation inquiry, and the subject of the complaint is the hiring authority, CST shall refer the allegation(s) to the hiring authority's supervisor.(i) If CST returns a complaint to the hiring authority as a routine issue, and the hiring authority identifies an allegation of staff misconduct towards an incarcerated or supervised person, the hiring authority shall refer the complaint and any supporting materials to CST for a screening decision.(j) CST's Screening Decision shall be documented in the department's information technology system.(k) The hiring authority shall be notified of CST's screening decision via the department's information technology system.(l) The reporting party shall be notified in writing that their complaint has been received by CST within thirty (30) calendar days of receipt.Cal. Code Regs. Tit. 15, § 3486.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644 and 5054, Penal Code; 28 CFR Part 115, Code of Federal Regulations; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW; Madrid v. Woodford, Special Masters Final Report Re: Department of Corrections Post Powers Investigations and Employee Discipline; Case No. C90-3094-T.E.H; Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2635, 2636, 2637, 2638, 2639, 2640, 2641, 2642, 2643, 2644 and 5054, Penal Code; 28 CFR Part 115 , Code of Federal Regulations; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW; Madrid v. Woodford, Special Masters Final Report Re: Department of Corrections Post Powers Investigations and Employee Discipline; Case No. C90-3094-T.E.H; Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.
1. New section filed 12-28-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6/13/2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including amendments, transmitted to OAL 9-9-2022 and filed 10/20/2022 (Register 2022, No. 42). Effective on filing based on good cause pursuant to Government Code section 11343.4(b)(3).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).