(a) No research shall be conducted on incarcerated or supervised persons without approval of the research advisory committee established to oversee research activities within the department. Members of the research advisory committee shall be named by the Secretary, and may include departmental staff and nondepartmental persons who are community academic representatives engaged in criminal justice research.(b) No research project shall be considered without submission of a research proposal that shall contain the following: (1) A statement of the objectives of the study.(2) The specific values of the project.(3) A description of the research methods to be used.(4) A description of the measuring devices to be used, or if they are to be developed as part of the project, a statement of their intended use and reason.(5) The name of the facility or office where the data will be collected.(6) The names and titles of personnel involved and their responsibilities in the project.(7) An estimate of departmental staff time needed for the project.(8) Starting and ending dates of the research.(9) Any additional costs to the state.(10) An estimate of the incarcerated or supervised person subjects' time needed for the project and a plan for the compensation of the incarcerated or supervised persons.(11) The source of funding.(12) A copy of the informed consent form to be used in the project which meets the requirements of Penal Code section 3521.(13) A current resume for each professional staff member of the project.(14) The full name, date of birth, and social security number of all project staff members who will enter an institution or other departmental facility to carry out the project.(15) A certification of privacy signed by the project's principal investigator which outlines the procedure for protecting exempt personal information and certifies that the protective procedures shall be followed.(16) If student research is involved, a letter from the student's faculty advisor stating that the student will be working under their supervision and the project is approved by their college or university.(17) If the proposal was previously reviewed by a committee of another agency or organization, a copy of the record of that committee's approval.(c) A nondepartmental person, agency or organization applying to conduct research within the department shall submit to the committee for approval a signed agreement to adhere to all departmental requirements.(d) Any person, agency or organization conducting research shall, as requested by the department's chief of research or designee, submit progress reports on their projects.Cal. Code Regs. Tit. 15, § 3488
Note: Authority cited: Sections 3509.5, 3517 and 5058, Penal Code. Reference: Sections 3500- 3524 and 5054, Penal Code.
Note: Authority cited: Sections 3509.5, 3517 and 5058, Penal Code. Reference: Sections 3500- 3524 and 5054, Penal Code.
1. New article 2 (section 3488) and section filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
3. New article 2 (section 3488) and section refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
4. New article 2 (section 3488) and section refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
6. Change without regulatory effect amending article heading and subsections (a) and (b)(10) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).