Subsection D (a)(2) is deleted
in its entirety to eliminate reference to the discontinued Maximum B custody,
and replaced as set forth below.
Subsection (a)(3)
is deleted in its entirety as duplicative of the preceding provisions,
and replaced as set forth below.
Subsection(a)(4) is
renumbered as subsection(aX2).
Subsection (a)(2)
is amended to establish the housing, program eligibility and supervision
required for inmates designated as Close A Custody.
Subsection (a)(2)(A)
is amended to provide that such inmates are limited to daytime assignments
and activities scheduled within 0600 hours and 1800 hours to ensure their
visibility from manned towers and designated posts, in order to maintain
visual observation at all times. The time frame 0600 through 1800 hours
was chosen as providing a year-round predictable schedule maximizing opportunities
for inmate programming while minimizing the security risks of inmates roaming
without adequate supervision during periods of darkness or reduced light
Close A Custody inmates shall be restricted to the inner perimeter of designated
Level Ill and Level Iv housing to ensure that the inmates are accounted
for at all times. This inner perimeter area excludes the outer areas located
beyond the work change area. The work change area is a portal controlled
by staff and/or locked gates.
Close A Custody inmates
must be available for regular institutional counts and for daily counts
at noon. The additional noon time count addresses a gap in the frequency
of existing regular counts that left unaddressed would not provide adequate
security for the higher risks posed by Close A Custody inmates.
Based on the significant
risk of escape and/or the serious threat to the public should they escape,
Close A Custody inmates are housed in the most restrictive level of supervision
within the general population prison housing. The greater restrictions
on Close A Custody inmates, as compared to the lesser restrictions on Close
B Custody inmates is reflective of the higher risks of misconduct, escape
or violence for the Close A group. The specifics of these greater restrictions,
e.g. as described above, were formulated with consideration of the physical
plant designs of various facilities.
Subsection (a)(2)(13)
is amended to establish the housing required for female inmates designated
as Close A Custody. Differences in housing for male and female close custody
inmates reflect the differences between facilities designed and constructed
to house male and female inmates. Currently, facilities designated for
female inmates provide small dormitory rooms of 16 beds or less. Celled
housing for female inmates is limited to Reception Centers and the
very small number in segregated program housing units.
Subsection (a)(5)
is renumbered as section 3377.l(aX3). It establishes the housing, programs,
and supervision required for male inmates designated as Close B Custody.
Close B Custody inmates are permitted to participate in program assignments
and activities during the extended period of 0600 hours to 2000 hours in
new design prisons providing Level III and Level IV housing. New design
prisons provide high-mast lighting (lights mounted high off the ground
to extend the range of vision) in the yards, areas surrounding the housing
units, and the facility work areas. These physical design features make
it possible to permit expanded programming for inmates in the evening while
retaining adequate visual observations by staff necessary to prevent or
foil inmate escapes.
Inmates designated
as Close B Custody who meet Level II criteria and specific Close B Custody
case factors may be housed in a designated Level II housing facility which
provides celled housing within an inner security perimeter. Close B Custody
inmates shall be permitted to work in designated work programs requesting
late shifts or overtime, up to 2200 hours, when the work program is in
an assigned housing unit located within the internal security perimeter;
program assignments are subject to classification committee approval. The
lesser restrictions on Close B Custody inmates, as compared to the greater
restrictions on Close A Custody inmates is reflective of the former's lower
risks of misconduct, escape or violence. The specifics of these lesser
restrictions, e.g. as described above, were formulated with consideration
of the physical plant designs of various facilities.
Subsection (a)(3)(b)
is adopted to establish the housing, program eligibility and supervision
required for female inmates designated as Close B Custody. Differences
in housing for male and female close custody inmates reflect the physical
differences in the facilities designated to house male and female
inmates. Please refer to the discussion justifying differences in housing
males and females on page one, above.
Subsection (a)(4)
is amended to define the housing, assignments and supervision levels for
inmates designated as Medium A Custody. Inmates designated Medium A Custody
pose average risks of escape or violence as compared to inmates designated
for higher levels of custody. These step down levels of inmate supervision
and control have been proven over time to be feasible and efficient to
implement by staff; as well as provide increased levels of freedom
and programming opportunities to inmates. These lower levels of custody
provide incentives to the inmate to maintain good behavior and cooperation
with program expectations.
Subsection (a)(5)
is amended to define the housing, assignments and supervision levels for
inmates designated as Medium B Custody. Inmates in Medium B Custody pose
average risks of escape or violence as compared to inmates designated at
higher levels of custody. These step down levels of inmate supervision
and control have been proven over time to be feasible and efficient to
implement by staff; as well as provide increased levels of freedom and
programming opportunities to inmates. These lower levels of custody provide
incentives to the inmate to maintain good behavior and cooperation with
program expectations.
Subsection (a)(6)
is amended to clarity Minimum A Custody inmates' supervision, assignments
and activities. Inmates in Minimum A Custody pose lower than average risks
of escape or violence as compared to inmates designated at higher levels
of custody. These step down levels of inmate supervision and control have
been proven over time to be feasible and efficient to implement by staff;
as well as provide increased levels of freedom and programming opportunities
to inmates. These lower levels of custody provide incentives to the inmate
to maintain good behavior and cooperation with program expectations.
Subsection (a)(7)
is adopted to adds new language allowing for the housing of Minimum B Custody
inmates in minimum support facilities and community-based facilities such
as a Community Correctional Facility or Modified Community Correctional
Facilities. The revision also adds language to allow specific assignments
and activities which may be located on or off institutional grounds, with
adequate supervision. Inmates in Minimum B Custody pose the lowest risks
of escape or violence as compared to inmates designated at higher levels
of custody. These step down levels of inmate supervision and control have
been proven over time to be feasible and efficient to implement by staff;
as well as provide increased levels of freedom and programming opportunities
to inmates. These lower levels of custody provide incentives to the inmate
to maintain good behavior and cooperation with program expectations.
Subsection (b) remains
unchanged.
Subsection (c) is
amended to allow for a clinical recommendation for single-cell placement
of an inmate to accommodate a health care consideration. An example would
be an inmate who does not require placement in an infirmary bed, but who
performs medically necessary hygiene functions which require privacy, such
as ostomy or intubation care. Single-cell status currently is based on
an inmate's documented history that he or she cannot be safely housed in
a double cell or dormitory situation.
Section 3377.2 is
adopted to establish factors for classification committees to consider
in assessing close custody status, to provide consistency in the decision-making
process.
Subsection (a)(1)
is adopted to list the specific case factors impacting designation of close
custody status, including the inmate's time to serve, security concerns,
escape history, active law enforcement felony hold, finding of guilt for
Division A rules violation, or high notoriety/public interest designation,
to promote institutional security and the safety of inmates and staff.
These factors were identified by classifications staff as being related
to the following legitimate phenological objectives: decreasing the
likelihood of escapes or attempted escapes, and protecting the public and
preventing public panic resulting from escapes. For example, a longer prison
term or possibility of additional prison terms increases the inmate's incentive
to escape. Past escapes and attempted escapes predicts likelihood of future
escape attempts. Inmate non-compliance with prison rules predicts likelihood
of increased non-compliance with rules, including violence or escape.
Subsection (a)(2)
is adopted to establish that departmental Review Board approval is required
for exceptional close custody designation. This regulation is necessary
to establish standardized oversight of cases and to ensure consistent application
of standards.
Subsection (a)(3)
is adopted to authorize an Institutional Classification Committee to temporarily
assign close custody to an inmate for a maximum of 90 days. This ensures
the safety and security of the institution pending receipt of complete
information for a final determination. This provides a reasonable amount
of time to allow staff to access police records or archived information,
investigate any concerns, or resolve discrepancies in documentation.
Subsection (a)(4)
is adopted to establish that inmates shall be required to demonstrate a
record of disciplinary-free behavior and positive programming for one year
before becoming eligible for custody reduction, to help the inmate
understand his or her responsibility to earn any reduction in custody and
provide adequate opportunity for him or her to meet program expectations.
The one-year period was chosen as an adequate time frame to determine whether
the good behavior was a genuine improvement meriting less staff supervision
or merely a temporary ruse to facilitate future misconduct by the inmate.
It provides an incentive for inmate behavior proportionate to the facility's
risk of lowering custody prematurely.
Subsection (a)(5)
is adopted to establish that classification committees are to address custody
reduction consideration as part of the annual classification review process,
in keeping with existing requirements for an annual program review. Periodic
review of custody designations ensures that inmates will not be retained
in inappropriately restrictive housing and programming opportunities. It
is also efficient use of staff time to combine the custody review while
other reviews are conducted.
Subsection (a)(6)
is adopted to establish that persons who were incarcerated in the California
Youth Authority (CYA) as part of their current commitment term shall be
given credit for prior conforming behavior when calculating time to be
served in close custody. This ensures that an inmate initially housed in
the CYA based on his or her age is not penalized as a result of being transferred
to CDC.
Subsection (a)(7)
is adopted to preclude credit for time served on a SHLJ or segregated housing
term being allowed to count toward time to be served in close custody.
Conforming behavior in SHU is not equivalent to conforming behavior in
a general population setting. The periods chosen for close custody designation
are intended to provide an opportunity for staff to observe inmate success
at custody less than the maximum level. Periods in SIRY or other segregated
housing are typically at maximum custody.
Thus, periods spent
by the inmate in maximum custody do not provide the same type of freedom
and risks presented in periods of close custody. For these reasons, time
in SHU or segregated housing are not included in calculation of the minimum
periods inmates must spend in close custody. Moreover, a SHU term is established
in response to a serious and specific disciplinary violation or to a validated
involvement in a prison gang which compromises correctional safety and
security. The purposes of SHU are the protection of staff and other inmates
and the security of the facility. SHU is not intended to provide an opportunity
to observe inmate success in good behavior and programming.
Subsection (a)(8)
is adopted to establish that the date of the escaped inmate's return to
CDC custody is to be used as the starting date in calculating the close
custody period, to clarify and standardize the time constraints for close
custody.
Subsection (a)(9)
is adopted to require a classification committee referral for transfer
consideration if an inmate who meets the close custody criteria has documented
health care or disability special housing needs that cannot be accommodated
at the present institution. Such inmates are referred to the Classification
Staff Representative for further placement consideration, to ensure that
medical needs are met.
Subsection (a)(10)
is adopted to establish that an inmate identified to be security concern
shall not be eligible for a custody level lower than Close B. As defined
in proposed Section 3000, inmates who present a security concern have been
observed by staff or have notations in their case file showing a propensity
to violence to themselves or to others, inciting or pressuring others toward
criminal behavior, preying on weaker members of society, or displaying
criminal sophistication and influence over others.
Inmates identified
as a security concern are likely to be leaders, able to manipulate others
to perpetuate criminal activity and unrest in the prison setting. Because
of the need for direct and constant staff supervision of these inmates,
k is necessary to designate them close custody in order to maintain prison
security.
Subsection (a)(11)
is adopted to require that an inmate with both an escape history and a
lengthy remaining time to serve shall be designated close custody
to ensure direct and constant supervision.
Subsections (a)(12)
and (a)(13) are adopted to clarify that an inmate meeting more than one
of the criteria requiring close custody shall serve the longest of the
potential periods, to be served concurrently, not consecutively. For example,
if an inmate has five years to serve in Close A Custody based upon remaining
time to serve, and five years based on being a high notoriety/public interest
case, a total of five years will be served in Close A Custody. This meets
the basic need for security and yet provides sufficient time to evaluate
the inmate's readiness for reduced custody. It would be unfair and unnecessary
to "stack" these time periods, based upon multiple risk factors, since
the underlying need is to make a classification determination based upon
behavior over a fixed period of time in the more restrictive environment.
Subsection (11) is
adopted to establish Close A Custody case factor criteria. Time frames
for Close A custody were subject to the review and determination of a Security
Wardens' Advisory Group in 1995 and 1996, and revised based on a security
evaluation of prison operations in 1997 and 1998. These periods establish
a reasonable amount of time for the inmate to adjust to institutional placement.
Correctional experience
substantiates a need for inmates to be observed by staff over a continuous
period to allow the inmate to adjust adapt build relationships among other
inmates, and to relate to staff.
Subsection (b)(1)
is adopted to standardize time to be spent in Close A Custody. This regulation
is necessary to protect public safety and ensure institutional security.
Inmates with long sentences shall serve a designated amount of time in
a secure selling before being considered for a less restrictive level of
supervision. An inmate serving Life Without the Possibility of Parole is
required to serve the first five years of incarceration at Close A Custody
before he or she may be considered for Close B Custody.
Subsection (b)(2)
is adopted to standardize time in Close A Custody for an inmate with a
lengthy sentence who presents a security concern and/or has an escape history.
This regulation is necessary to protect public safety and ensure institutional
security. It provides that such an inmate is supervised appropriately and
restricted as necessary before becoming eligible for a less restrictive
level of supervision.
Subsections (b)(3)
is adopted to standardize Close A Custody for an inmate serving a lengthy
sentence demonstrating no security concern and no escape history. An inmate
serving a Life term, multiple Life terms, a total term of 50 years or more,
or with a remaining time to serve of 15 years or more, shall be Close A
Custody before becoming eligible for a less restrictive level of supervision.
Subsection (b)(4)
is adopted to establish the time that an inmate with a documented escape
or attempted escape history is required to spend in Close A Custody. This
regulation is necessary to protect public safety and institutional security
by ensuring that an inmate with a record of escape serves time in a secure
setting before being considered for a less restrictive level of confinement.
Subsection (b)(5)
is adopted to protect public safety and ensure institutional security.
An inmate who receives a felony hold which could result in an additional
sentence equal to multiple Life terms shall serve five years at Close A
Custody from the date of receipt of the hold. An inmate who receives a
hold for a felony which could result in a Life term shall serve one year
in CDC custody at Close A Custody.
Section (b)(6) is
adopted to protect public safety and ensure institutional security. It
designates Close A Custody for an inmate convicted of an in-custody murder
or who is found guilty of a Division A rules violation for murder.
Subsection (b)(6)(A)
is adopted making an inmate convicted of an in-custody murder or found
guilty as a result of a CDC Form 115, RYR, for murder ineligible for a
custody level lower than Close A Custody.
This is to ensure that
the most dangerous inmates, as demonstrated by in-custody behavior, receive
a commensurate level of restrictive housing and control.
Subsection (b)(7)
is adopted to protect public, staff and inmate safety and institutional
security. An inmate who is designated as a high notoriety/public interest
case shall serve his or her initial five years designated as Close A Custody.
This ensures that staff have a sufficient period of time to identity any
significant escape risks and security concerns. Such cases involve a public
perception of risk of escape or risk to the public in case of escape because
of their notoriety and their access to either a significant amount of money
or a large volume of drugs as defined in the Health and Safety Code, or
to influential citizens. Because of public safety perceptions, a period
of observation is needed to allow staff to evaluate the inmate's adjustment
to prison.
Subsection ©
is adopted to establish the criteria for Close B Custody. Time frames for
Close B Custody were subject to the review and determination of the Security
Wardens' Advisory Group in 1995 and 1996 and an evaluation of prison operations
in 1997 and 1998. The recommended periods establish a reasonable
amount of time for the inmate to adjust Correctional experience substantiates
a need for inmates to be observed by staff over a continuous period in
order to allow the inmate to build relationships among other inmates and
relate to staff.
Subsection (c)(1)
is adopted to standardize the time that inmates sentenced to Life Without
Possibility of Parole are required to spend in Close B Custody. This regulation
is necessary to protect public safety and ensure institutional security,
by ensuring that inmates with long sentences serve a designated amount
of time in a secure setting before being considered for a less restrictive
level of supervision.
Subsection (c)(2)
is adopted to establish Close B Custody for an inmate with a lengthy sentence
who presents a security concern and/or has an escape history. This regulation
is necessary to protect public safety and ensure institutional security.
Inmates with long sentences are commonly perceived as more likely to attempt
to escape, and therefore require a commensurate level of supervision in
a secure setting.
Subsection (c)(3)
is adopted to establish that an inmate serving a lengthy sentence who demonstrates
no security concern or escape history shall be eligible for custody reduction
beyond Close B Custody. An inmate designated at Close B Custody serving
a Life sentence shall comply with section 3375.2(a)(7) to be eligible for
housing in a designated Level II institution.
Subsection (c)(4)
is adopted to specify the amount of time that an inmate with a documented
escape or attempted escape history is required to spend in Close B Custody.
This regulation is necessary to protect public safety and ensure institutional
security.
Subsection (c)(5)
is adopted to protect public safety and ensure institutional security.
It requires that an inmate with a hold which could result in a sentence
equivalent to single or multiple Life terms shall be required to remain
at Close B Custody until the hold is resolved.
Subsection (c)(6)
is adopted to protect the public safety and promote institutional security
by considering an inmate's disciplinary history in determining placement.
Subsection (c)(6)(A)
is adopted to establish that an inmate found guilty or convicted of Murder
while in custody shall be designated as Close A for the remainder of his
or her term after release from SHU. This is necessary to ensure the safety
of staff and inmates. Such an inmate is considered to be a security concern
and a serious threat to public safety. Moreover, as a violent felon serving
a lengthy term, such an inmate may also represent a significant escape
risk.
Subsection (c)(6)(c)
is adopted to require that an inmate found guilty of a RVR, Division A-l
or Division A-2 offense, shall serve two years at Close B Custody after
release from SHU or after his or her Minimum Eligible Release Date. A classification
committee shall determine if the inmate demonstrates a pattern of behavior
or propensity for violence or escape. The time in Close B Custody is required
to be completed with one year of disciplinary-free behavior before eligibility
for fluffier reduction of custody.
Subsection (c)(6)(1)
is adopted to require that an inmate who has renounced membership or association
with a prison gang or disruptive group through the debriefing process shall
serve one year of disciplinary free behavior at Close B Custody for a period
of observation before eligibility for further custody reduction.
Subsection (c)(7)
is adopted to protect public safety and ensure institutional security.
An inmate must complete a year in Close A Custody, disciplinary free, before
becoming eligible for reduction to Close B Custody. A high notoriety/public
interest case represents a significant escape risk or public perception
of danger upon escape because of connections or access to a significant
amount of money, large volume of drugs as defined in the Health and Safety
Code, or to influential persons. Because a public interest case receives
statewide media coverage, a period of observation is needed to allow for
staff evaluation of the inmate's adjustment and ability to comply with
prison regulations.
In the following text,
deleting is indicated by striking and adding is indicated by single underline.
Division 3 of Title
15, California Code of Regulations is amended as follows:
3000. Definitions.
Section 3000 is amended
to alphabetically merge the definitions below with those that already exist
in the regulations.