These regs print out to be 28 pages or more. They are spaced on three separate webpages here. Volunteers spent five days scanning and building these webpages, but the scanner makes errors so be on your toes. It will take a few days to proofread these and make typo corrections, as volunteers are available, we will get it done.

As you can see, they are written in a language which covers their interests and basically what they say is "we will do anything we wish to do."The UNION needs to know positive and negative impacts on your inmate and your family so that we can voice those on May 22 at the public hearing

The words "Cell Counts Four Times a Day" were crossed out, but what does this mean now? Will there be cell counts two times a day or ten times a day? With CDC looking for overtime for the guards, it's impossible to trust them to do the right thing for inmates.

Please join the UNION, 99% of the time we are the only ones showing up to important hearings in Sacramento around laws for prisoners and their families. Without a strong UNION, there is no way for you to fight back.

B. Cayenne Bird, Director

 Number:    #00/04

 Date Issued: March 27, 2000
Effective Date: IMMEDIATELY
 
              This notice announces the amendment of Sections 3000 and 3377.1, and the adoption of Section 3377.2 of Title 15 of the California Code of Regulations, to incorporate into the Director's Rules provisions governing the close custody designation of inmates.
 
              IMPLEMENTATION:  IMMEDIATELY
              PUBLIC COMMENT PERIOD
 
              Any person may submit written comments about the proposed regulation. To be considered, comments must be received by the California Department of Corrections, Regulation and Policy Management Branch, P.O. Box 942883, Sacramento, CA.  94283-0001, before the close of the public comment period.
 
 
 
PUBLIC HEARING INFORMATION
Date and Time:   May 22, 2000  at 9:00 a.m.
Place:  Water Resources Auditorium
1416 Ninth Street
Sacramento, CA 95814
Purpose:       To receive comments about this action.
 
              This notice shall be posted immediately upon receipt at locations accessible to inmates, parolees, and employees in each Department facility and field office. Also, facilities shall make this notice available for review by inmates in segregated housing who do not have access to the posted copies and shall distribute it inmate law libraries and advisory councils.
 
 
 CONTACT PERSON

              Inquiries regarding this notice should be directed to Peggy McHenry, Chief, Regulations Management Unit, California department of Corrections, P.O. Box 942883, Sacramento, CA 94283-0001, or telephone 916) 324-6775 or CAL\'ET 454-6775.
 
              STEVEN CANIBRA, JR.
              Chief Deputy Director
              Field Operations
 
 
NOTICE OF ADOPTION OF EMERGENCY REGULATIONS
 
                                      California Code of Regulations
                                   Title 15, Crime Prevention and Corrections
                                   Division 3, Department of Corrections
 
              AUTHORITY:
              Under authority established in Penal Code (')C) Section 5058, the Director of the California Department of Corrections (Department) has changed Tide 15 of the California Code of Regulations (CCR) by adopting emergency regulations to incorporate into the Directors Rules modified rules affecting classification of inmates for housing, program assignment, and other purposes.
 
              REFERENCE:
              These regulations are amended to implement, interpret, and/or make specific PC Sections 5054, and 5068.
 
              PUBLIC HEARING:
              Date and Time:
              Place:
 
 
              Purpose:
 
         PUBLIC COMMENT PERIOD:
         May 22, 2000 at 9:00 A.M.
         Water Resources Building Auditorium
         1416 Ninth Street
         Sacramento, California 95814

        To receive comments about this action.

        The public comment period will close May 22, 2000, at 5:00 p.m. Any person may submit written comments about the proposed changes. To be considered by the Department, comments must be received at the Department of Corrections, Regulation and Policy Management Branch (RPMB), P.O. Box 942883, Sacramento, CA 94283-0001, before the close of the comment period.
 
              CONTACT PERSON:
 
              Please direct any inquiries regarding this action to Bonnie Garibay, Chief, RPMB, Department of  Corrections, P.O. Box 942883, Sacramento, CA 94283-0001, or telephone (916)322-9670.
 
              ASSESSMENTS, MANDATES, AND FISCAL IMPACT:

              This action will not create any new jobs in the State of California. Therefore, it is not expected to result in the elimination of existing businesses, or create or expand businesses in the State of California.  It is not expected to create or eliminate any jobs in California.
 
              The Department has determined that this action imposes no mandates or other nondiscretionary costs or savings on local agencies or school districts; no fiscal impact on local government, or Federal findings to the State, or private persons. It is also determined that this action will not have a significant adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states, or on housing costs; and no costs or reimbursements to any local agency or school district within the meaning of Government Code Section 17561. It is not expected to affect small businesses statewide. The increasing restrictions on the activities of some inmates may lead to more inmates serving a greater proportion of their sentences-an increased cost. However, this may be offset by reduced litigation, and the avoidance of escape, injury, and death related to sub-optimal custody and cell assignments.
 
         DETERMINATION:
 
         The Department must determine that no alternative considered would be more effective in carrying out the purpose of this action, or would be as effective and less burdensome to affected persons.
 
         AVAILABILITY OF PROPOSED TEXT AND ISR:

         The text of the emergency regulation, the Initial Statement of Reasons, and other related material are available upon request directed to the Department's contact person.
 
         AVAILABILITY OF CHANGES TO PROPOSED TEXT:

         If any substantial, and sufficiently related changes are made to the text as a result of comments received during the public comment period, the Department will make the full text of the changed regulation available for at least 15 days before the date the regulation is permanently adopted.
 
         Informative Digest:

         PC Section 5054 vests with the Director the supervision, management and control of the prisons, and the responsibility for the care, custody, treatment training, discipline, and employment of inmates.

         PC Section 5058 authorizes the Director to prescribe and amend regulations for administration of prisons. PC Section 5068 specifically requires the Director to examine, investigate, and classify each person committed to state prison.
 
         These regulations provide standardized criteria for inmate custody.  Clearly defined custody designations enable staff to meet the Department objective of housing an inmate in the least restrictive setting, commensurate with his or her need for supervision. Clearly defined requirements facilitate appropriate placement of inmates. New regulations are proposed to ensure uniform, objective, and appropriate application of close custody designations, designed to prevent escapes, and reduce in-custody violence and assaultive behavior, based upon classification committee review of each inmate's case factors.
 
         New language provides guidelines to mandate housing in separate cells (celled housing), within the facility security perimeter, to house inmates designated for close custody supervision. New design Level__ and Level W prisons have inner security perimeters which encompass facility work areas and housing units within an outer facility security perimeter around the entire facility. Close custody inmates shall be restricted to work programs contained within a security perimeter. In addition, Level II facilities that provide celled housing shall be designated to house certain eligible Level II inmates requiring close custody.
 
         In summary, the purpose of this action is to establish policies and procedures to implement clear and uniform restrictions on correctional employees designating inmates as close custody, as well as to notify other staff; inmates, and the general public of these policies.
 
         The operational needs of the Department require the proposed adoption of Sections 3377.2, and the amendment of Sections 3000, 3377, and 3377.1 of the Tide 15, CCR, Division 3, to be adopted on an emergency basis pursuant to PC Section 5058(e). Therefore, the emergency regulations shall only remain in effect for 160 days, unless a Certificate of Compliance to make them permanent is timely filed with the Office of Administrative Law.
 
         The California Department of Corrections (CDC) proposes to amend the California Code of Regulations to provide standardized criteria for inmate custody. Clearly defined custody designations enable staff to meet the CDC objective of housing an inmate in the least restrictive setting commensurate with his or her  need for supervision. Clearly defined requirements facilitate appropriate placement of inmates. No alternative considered by the Department would be more effective in carrying out the purposes for which the regulations are proposed or would be as effective and less burdensome to affected private persons than the adopted regulations.
 
         New regulations are proposed to ensure uniform, objective, and appropriate application of close custody designations, designed to prevent escapes and reduce in-custody violence and assaultive behavior, based upon classification committee review of each inmate's case factors.
 
         New language provides guidelines to mandate housing in separate cells (celled housing) within the facility security perimeter, to house inmates designated for close custody supervision. New design Level III and Level W Prisons have inner security perimeters which encompass facility work areas and housing units within an outer facility security perimeter around the entire facility. Close custody inmates shall be restricted to work programs contained within an inner security perimeter. Also, Level II facilities which provide celled housing enclosed by an inner security perimeter shall be designated to house certain eligible Level II inmates requiring close custody.
 
         The proposed close custody criteria for female inmates are based on the same case factors as those for close custody male inmates; however, housing for female inmates will be in designated dormitories in institutions which provide a facility security perimeter Most female institutions are not designed to provide celled housing, or provide only a very limited number of separate cells.
 
         The Department of Corrections must determine that no alternatives considered would be more effective in carrying out the purpose of this action or would be as effective and less burdensome to affected private persons than the actions proposed.
 
         Section 3000 is amended to add definitions; these are intended to make the later regulations more uniform and concise.
 
         Attempted Escape is defined to clarify the type of inmate conduct that warrants more restrictive custody or housing in order to further the security of the facility. Inmate misconduct that fails to meet this definition does not pose the level of risk to the facility requiring the additional restrictions.
 
         Designated Level II Housing is defined to clarify the type of housing protected by a facility security perimeter. The later term is used to differentiate the types of facilities suitable for inmates with classification scores or other case factors justifying that level of control.
 
         Direct and Constant Supervision is defined to clarify the type of supervision necessary for inmates  classified as close custody. A lower level of supervision for close custody inmates would not be adequate to ensure the security of the facility.
 
         Behavioral Expectations is defined for convenience to permit staff to take behavioral issues into proper account when determining whether to change or maintain restrictions on inmate custody or housing. It includes the broadest scope of acts and omissions. The level of inmate compliance with rules and orders is a significant factor in assigning levels of custody and housing.
 
         Escape History is defined to specify the types of situations and conduct relevant to assigning levels of custody and housing.
 
         Execution Type Murder is defined to describe the criminal history of a particular class of inmates posing a greater threat to safety and security than murders lacking these characteristics. This type of criminal history would indicate that a higher level of inmate control is needed.
 
         Facility Security Perimeter is a term used to differentiate the types of facilities suitable for inmates with classification scores or other case factors justifying that level of control. This term is sometimes used in conjunction with the term Designated Level II Housing, defined above.
 
         Frequent and Direct Supervision is defined to clarify the type of supervision necessary for inmates classified as maximum custody. A lower level of supervision for close custody inmates would not be adequate to ensure the security of the facility.
 
         Force, as applied to Escape, is defined to distinguish the level of safety and security threats posed by inmates with various types of escape history. An escape without force meeting this definition would tend to indicate that less restrictions in type or duration of custody and housing were necessary to ensure safety and security.
 
         High Notoriety is defined to distinguish those inmates whose cases have attracted a high level interest. Custody of these' inmates must be managed carefully to avoid the public panic that would likely follow the escape of these types of inmates.
 
         Management Concern is defined to distinguish broad categories of inmates that based upon correctional experience must be managed carefully to ensure the safety and security of the facility.
 
         Multiple Murders is defined to describe the criminal history of a particular class of inmates posing a greater threat to safety and security than murders lacking these characteristics. This type of criminal history would indicate that a higher level of inmate control is needed.
 
         Public Interest Case is defined to distinguish those inmates whose cases have attracted a high level of public interest. Custody of these inmates must be managed carefully to avoid the public panic that would likely follow the escape of these types of inmates.
 
         Security Perimeter is a term used to differentiate the types of facilities suitable for inmates with classification scores or other case factors justifying that level of control. This term denotes a perimeter within the broader Facility Security Perimeter, see the later definition above. Differentiation between these two terms is necessary to clarify which work or. housing areas are suitable for close custody inmates.
 
         Unusual Violence is defined to describe the criminal history of a particular class of inmates posing a greater threat to safety and security than inmates lacking these characteristics or history. This type of criminal history would indicate that a higher level of inmate control is needed.
 
         Section 3377.1 is amended to clarify inmate custody designations.
 
         Subsection (a) is amended to clarify that an inmate's custody designation is established to determine  each inmate's appropriate placement, according to the level of. supervision necessary to ensure institutional security and public safety. This is needed to establish the intent of subsequent regulations.

         The seven custody categories chosen provide adequate but not more restrictive than necessary control over inmates to ensure the safety of persons and the security of facilities. The particulars of each custody category will be discussed neither in regard to the respective regulations that follow:
 
         Subsection (a)(1) is amended to eliminate. the distinction between Maximum A and Maximum B Custody. Maximum custody is to be designated for inmates requiring the most restrictive housing in specified Security Housing Units (SHU), Administrative Segregation Units (ASU), and Psychiatric Services Units (PsySU). Although the Protective Housing Unit (PHU) is a segregated program, housing  unit, it houses inmates with unique safety and enemy concerns; the security risk is not from them, but from other inmates toward them. These inmates are eligible for lower degrees of custody, more reflective of their lesser need for supervision and their eligibility to participate in inmate programs. There is no need for two separate levels of maximum custody, since, in reality, there is little difference in the security needs at the two steps, and it is difficult to classify cases to that fine a degree. Obviously, any maximum custody inmate needs a high level of security. This change simplifies the classification processing of  highrisk inmates.
 

Click here to go to Page 3

Back to Home