* * * * * * * * * * * * * * *
Designated Level II Housing means a housing facility encompassed
by a facility security perimeter and constructed to provide celled
housing for inmates with Level II classification scores.
* * * * * * * * * * * * * * *
Direct and Constant Supervision means that an inmate shall be monitored
and observed by CDC staff; either custody staff or work supervisor as indicated
in these regulations, sufficient to account for the specific whereabouts
of the inmate at all nines.
* * * * * * * * * * * * * * *
Drugs means substances
intended for use in the diagnosis, cure, mitigation, treatment or prevention
of disease, and as defined in Health and Safety Code section 11014. It
may also include dru ara hemali as defined in Health and Safe
Code section 11014.5.
* * * * * * * * * * * * * * *
Escape History refers to any reliable
information or inmate self-admission in the central file to an escape,
attempted escape, walkaway, or plan to escape. The available information
describing the circunstances of the escape or attempted escape shall be
evaluated in determining
the level of risk to correctional safety and security posed by
the inmate.
* * * * * * * * * * * * * * *
Execution Type Murder is a crime wherein the victim is shot in the head
after being bound or cuffed and made to kneel lie down or face a wall.
This term describes the circumstances and manner of the shooting rater
than any conspiracy or underlying intent.
* * * * * * * * * * * * * * *
Facility Security Perimeter is
an combination of living unit, work area and recreation area perimeters
that is set aside to routinely restrict inmate movement based on custody
level. This perimeter will contract and expand de ndin u n the weather
l__tin conditions and hours of operation.
* * * * * * * * * * * * * * *
Force, as applied to escape
or Attempted Escape refers to physical contact or threat of physical
harm against a person to enable or attempt the escape.
* * * * * * * * * * * * * * *
Frequent and Direct Supervision
means that staff supervision of an inmate shall be sufficient to ensure
that the inmate is present within the area permitted.
* * * * * * * * * * * * * * *
High Notoriety describes an inmate who must be treated as a significant
escape risk due to the unusual level of ublic anic that his or her esca
would likel cause. The risk of anic is based upon the nature of the inmate's
crime or the public's perception that the inmate has political or social
influence or access to Significant amounts of money or drugs. The inmate's
crime must have received at least statewide media coverage; local coverage
although extensive does not qualify.
* * * * * * * * * ** * * * *
Management Concern means a behavior observed or documented in the inmate's
criminal history that demonstrates to a classification committee that the
inmate has a tendency towards violence against self or others; has a history
of inciting or pressuring others toward criminal behavior; preys on more
vulnerable members of society; or portrays a level of criminal
so histication and/or access to 1arge amounts of drugs money
or wer___. This may include disruptive groups and prison gang members
or affiliates.
* * * * * * * * * * * * * * *
Multiple Murders means the inmate killed or was involved in killing more
than one victim during the commission of the crime for which the inmate
is currently serving a Life term. This does not necessarily include an
inmate who has killed more than one person during his or her criminal career.
* * * *. * * * * * * * * * * *
Public Interest Case
is a broad term designating an inmate whose commitment offense, circumstances
of the offense criminal histo or subse uent conduct results in unusual
public concern as evidenced by extensive media coverawe beyond the
local community. Bases for the
designation include High Notoriety, Execution Type Murder, convictions
for multiple Murders, mutilation of victims, an original sentence of Death,
and a sentence of Life Without the Possibility of Parole.
* * * * * * * * * * * * * * *
Secure Perimeter
means the largest Security Perimeter that physically retains inmates in
custody on facility property.
Secure Perimeter means an unbroken
physical barrier or combination of physical barriers that restricts inmate
movement to a contained area without being p rocessed through a door, gate,
or sallyport.
(2) Within six months upon reception of an inmate
with a record of arrest or detention for any offenses listed in section
3377.l)(l), a classification committee shall determine the need for an
"R" suffix to the inmate's custody designation. The committee shall consider
the arrest reports and district attorney's comments related to each
arrest.
(3) If a unit classification committee (CC) finds
that an inmate may no longer requirean "R" suffix, the committee shall
refer the matter to the Institution Classification Connnittee ('CC) for
action.
(4) An inmate whose "R" suffix has been removed
shall be eligible for any housing or assignment for which they otherwise
would quali~ had the "R" suffix never been designated.
(5) when an "R" suffix has been considered and not applied,
or has been removed at one facility, another facility shall not affix an
"R" suffix. If the facility disagrees with the "R" removal or decision
agalint "R" designation, it shall submit the case for a Departmental Review
Board decision.
(c) An "S" suffix may be affixed by a classification
committee to the inmate's custody designation to alert staaf of an inmate's
need for single cell housing. The classification committee's decision
to affix the "S" suffix shall be based on documented evidence that the
inmate may not be safely housed in a double cell or dormitory situation
based on a recomendation by custody staff or a health care clinician.
NOTE: Authority cited:
Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
Section 3377.2, Division
3, of Title 15, California Code of Regulations, is adopted to read:
3377.2 Criteria
for Assigment of Close Custody
Close Custody: Upon review of an inmate's case factors and need
for supervision, the classification committee shall establish a Close Custody
designation in accordance with the following case considerations when it
determines that the inmate meets case factor criteria for either Close
A Custod as listed in section 3377.2 or for Close B Custod as listed
in section 3377.2(c).
(1) The case factors to be considered in assignment,
Close Custody include but are not limited to, the following:
In cases involving an escape, the date
of the escapee's return to CDC custody shall be the starting date to be
used in calculating the start of the Close Custody frame.
An inmate who meets the Close Custody
case factor criteria and who also has a documented health care or disability
special housing need which cannot be reasonably accommodated in the existing
facility shall be referred by classification committee to the Classification
Staff Representative (CSR) for transfer consideration.
(10) An inmate who is identified to be a management
concern shall be ineligible for custody reduction consideration below Close
B Custody.
(11) The classification committee is
to consider the inmate's length of term or remaining time to serve in light
of the inmate's escape history. An inmate with an escape history shall
serve the longest required amount of time before becoming eligible for
custody reduction below Close A Custody and shall also serve the longest
required amount of time before being eligible for custody reduction
below Close B Custody.
(12) An inmate who meets more than one Close A Custody
case factor shall be designated Close A Custody for the longest required
amount of time before becoming eligible for Close B Custody consideration.
(13) An inmate who meets more than one
case factor for Close B Custody shall serve the longest required
amount of time before he or she is to be eligible for consideration of
fitrther custody reduenon.
(14) An inmate who is ineligible for fitrther
custody reduction based on any exclusionary case factor shall be precluded
from flirther custody reduction.
Close A Custod Case Factor Criteria: An inmate
who meets an of the Close A Custody case factor criteria described
in this subsection shall be assismed to Close A Custody.
Sentence Time-to-Serve. An inmate serving
a sentence of Life Without the Possibility of Parole (WOP) shall serve
his or her first five (5) years of incarceration in CDC at Close A Custody
before he or she shall be eligible for custody reduction consideration.
Sentence Time-to-Serve plus Management Concern
and/or Escape history. An inmate who demonstrates a management concern
and/or an escape history in addition to serving a lengthy sentence or Total
Term as defined below shall require Close A Custody:
DA An inmate with a management concern
and/or an escape history whose remaining time to serve is a deterrniiiate
sentence or a Total Term of 50 years or more shall serve at least his or
her first five (5) years of incarceration in CDC at Close A Custody before
he or she shall be eligible for consideration of custody reduction.
An inmate with a management concern
and/or an escape history who is serving more than one Life sentence
shall serve his or her first five (5) years of incarceration in CDC at
Close A Custody before he or she shall be eligible for consideration of
custody reduction.
(9) An inmate with a management concern and/or
an escape history who is serving a Life sentence shall serve at least his
or her first year of incarceration in CDC at Close A Custody before he
or she shall be eligible for consideration of custody reduction.
(p) An inmate with a management conceen and/or an
escape history whose remaining time-to-serve is 15 years or more but less
than 50 years time-to-serve shall serve at least his or her first year
of incarceration in CDC at Close A Custody before he or she shall be eligible
for consideration of custody reduction.
An inmate whose precommitment and prior
in-custody behavior demonstrates no management concern and reflects no
escape history, but whose term of incarceration meets any of the following
criteria shall require Close A Custody:
An inmate whose remaining time-to-serve is a determinate
sentence or a Total Term of 50 years or more shall serve at least his or
her first five years of incarceration in CDC at Close A Custody before
he or she shall be eligible for consideration of custody reduction.
(__) An inmate serving more
than one Life sentence shall serve at least his or her first five
(5) years of incarceration in CDC at Close
A Custody before he or she shall be eligible for consideration of custody
reduction.
(9) An inmate serving a Life sentence shall
serve his or her first year of incarceration in CDC at Close A Custody
before he or she shall be eligible for consideration of custody reduction.
(10) An inmate whose remaining tirne4o-serve is
15 years or more, but less than 50 years, shall serve his or her first
year of incarceration in CDC at Close A Custody before he or she shall
be eligible for consideration of custody reduction.
(4) Escape History. An inmate with a documented
escape history (as reflected in State, Federal, local or juvenile criminal
history) as described in this section shall be assigned to Close
A Custody:
(4) An inmate convicted of or whose commitment offense
includes Escape With Force or Attempted Escape With Force from any correctional
setting or armed escort occurring within the last five (5) years of return
to CDC custody shall serve his or her first eight (8) years upon receipt
in CDC at Close A Custody before he or she shall be eligible for consideration
of custody reduction.
(__) An inmate convicted of or whose connnitment
offense includes Escape Without Force or Attempted Escape Without Force
From Secure Perimeter or Armed Escort within the last five (5) years of
return to CDC custody shall serve his or her first five (5) years of incarceration
upon receipt in CDC at Close A Custody before he or she shall be eligible
for consideration of custody reduction.
(9) An inmate convicted, or found guilty of any serious
RVR for plotting or planning to escape from a secure perimeter shall require
Close A Custody for two (2) years from the date of the conviction or from
the date charges were adjudicated whichever is later before he or she shall
be eligible for consideration of custody reduction.
(45___) Holds. An inmate who is subject to an active
law enforcement hold as described below shall require Close A Custody as
follows:
(4) An inmate verified to be subject
to an active law enforcement hold for an offense that could result in sentencing
as an LWOP, to serve Multiple Life Terms, or to serve a Determinate
Sentence or Total Term of 50 ears or more shall r uke Close A Custod
for at least five (5) years from the
date of receipt of the hold unless the hold is removed. After initial five
years at Close A Custody, the inmate shall be eligible to be considered
for custody reduction to Close B Custody.
(__) An inmate verified to be subject
to an active law enforcement hold for an offense that could result in sentencing
to a Total Term of Life or a determnate term or Total Term of 15 years
or more shall re uire Close A Custody for at least one (1) year from the
date of receipt of the hold unless the hold is removed. After at least
one 1 year at Close A Custody the inmate shall be eligible for consideration
for custody reduction to Close B Custody.
(__Q6) Discipline History. An inmate who was
found guilty of a serious RVR or___ convicted of an offense in custody
as described in this subsection shall require Close A Custody as follows:
(___) An inmate found guilty of an in-custody
Murder of A Non-Inmate or convicted of an in-custody Murder of A Non-Inmate
shall be designated Close A Custody following his or her release from SHU.
Close A Custody is required during the inmate's remaining Total Term after
release from SHU. Custody shall not be reduced from Close A Custody.
(___) An inmate found guilty of an in-custody
Murder of an Inmate or convicted of an in-custody Murder of an Inmate within
the last six (6) years shall serve at least the subsequent six (6)
years at Close A Custody following release from SEW before he or she shall
be eligble for consideration of nuttier custody reduction.
(7) Notoriety. An inmate designated as a Public
Interest Case or who is considered to have High Notoriety shall serve at
least his or her first five (5) years in Close A Custody before he or she
shall be eligible for consideration of fiir~er custody reduction.
(2__) Close B Custody Case Factor Criteria: An inmate
who meets the Close B Custody case factor criteria described in this subsection
shall be assigned to Close B Custody.
(11) Life Without Possibility of Parole. Upon
completing five (5) years at Close A Custody, an inmate serving LWOP shall
serve at least the subsequent ten (10) years at Close B Custody. An inmate
who is designated as an LWOP shall be ineligible for further reduction
of custody below Close B Custody until after at least a total of 15 years
at Close Custody. Level Iv__ housing is required for the inmate's Total
Term unless the DIW authorized Level III housing as a result of a case-by-case
review.
(42_ Sentencing Time-to-Serve Plus Management Concern
or Escape history. An inmate who demonstrates a management concern and/or
an escape history in addition to a len__
remaining Time-to-Serve or Total Term as defmed below shall require
Close B Custody:
(___) Upon completing at least five
(5) years at Close A Custody, an inmate who demonstrates a management concern
and/or an escape history and whose remaining Time-to-Serve is a determinate
sentence or a Total Term of 50 years or more shall serve his or her
remaining Time-to-Serve at Close B Custody. The inmate shall be ineligible
for further reduction of custody.
(___) Upon completing at least five
(5) years at Close A Custody, an inmate who demonstrates a management concern
and/or an escape history and who is serving more than one
Life sentence shall be assigned to Close B Custody. The inmate shall
be ineligible for further reduction of custody.
(9) Upon completing at least one (1) year
at Close A Custody an inmate who demonstrates a management concern and/or
an escape history and who is serving a Life sentence shall be assigned
to Close B Custody. The inmate shall be ineligible for further reduction
of custody.
(___) Upon completing at least one (1) year at Close
A Custody, an inmate who demonstrates a management concern and/or an escape
history and whose remaining Time-to-Serve is fifteen (15) years or more,
but less than 50 years Time-to-Serve, shall serve his or her remainmg
years at Close B Custody. The inmate shall be ineligible for further reduction
of custody.
(43) Sentence Time-to-Serve. An inmate who
demonstrates no management concerns and no escape history, but whose remaining
lengthy sentence or Total Term as defined below shall require Close B Custody.
(4) Upon completing at least five (5) years at Close
A Custody, an inmate who demonstrates no management concerns and no escape
history, but whose remaining Time-to-Serve is a determinate sentence or
a Total Term of 50 years or more shall serve the subsequent ten (10) years
at Close B Custody. Placement shall be in a Level W or Level III housing
facility
Q___ Upon completing at least five (5) years at
Close A Custody, an inmate who demonstrates no management concerns and
no escape history, but who is serving more than one Life sentence shall
be assigned to Close B Custody. He or she must be within seven (7) years
of his or her Mjnimum Eligible Parole Date (MEPD) before he or she is eligible
for further reduction of custody. Placement shall be in a Level Iv or Level
III housing facility only.
(___) Upon completing at least one (1) year
at Close A Custody an inmate who demonstrates no management concerns
and no escape history, but who is serving a Life sentence shall be assisted
to Close B Custody. He or she must be within seven (7) years of his or
her MEPD before he or she is eligible for further reduction of custody.
An inmate sentenced to Life rnay be considered for placement in a designated
Level II facility when the inmate has a Level II classification Score,
is otherwise eligible for housing in a Designated Level ___ facility, and
meets criteria per CCR Section 3375.2(a)(7). However; an inmate identified
as a serial killer shall be excluded from Level I or Level II placement
even if his or her convictions for murders are prgs~~ted separately.
(1?) Upon completing at least one (1) year at Close A Custody an inmate who demonstrates no management concerns and no escape history, whose remaining Time-to-Serve is a deterrinate sentence or a Total Term of fifteen 15 ears or more but not more than 50 ears shall serve the sub uent four (4) years at Close B Custody before he or she is eligible for further reduction of custody. Such an inmate may be considered for placement in a Designated Level II Facility when the inmate has a Level II Classification Score is otherwise eligible for housing in a Designated Level II facility, and meets criteria per CCR Section 3375.2(a)(7).
(44) Escape History. An inmate with a
documented escape history as described in this section shall be assigned
to Close B Custody:
(___) Upon completing at least eight
(8) years at Close Custody an inmate who is convicted of or found
I of a serious RVR or whose commitment offense includes Escape.
With Force or Attempted
Escape With Force from any correctional setting or armed escort shall serve
the subsequent two (2) years at Close B Custody before he or she shall
be eligible for forther reduction of custody. Following completion of the
required Close B Custody period, an inmate with an escape history shall
be eligible for custody reduction to Medium A Custody, but shall be housed
in no less than a Designated Level II facility for a minimum of three (3)
years before he or she shall be eligible for less restrictive housing.
The inmate shall be ineligible for Minimum Custody.
(___) Upon completing at least five (5) years at
Close A Custody, an inmate convicted of or whose commitment offense includes
Escape Without Force or Attempted Escape Without remaining term after release
from SHU. The inmate Shall be ineligible for Close B Custody or any reduction
of custody.
(__3) Upon completing at least six (6)
years at Close A Custody, an inmate found guilty of an in custody a serious
RVR for the Murder of an Inmate or convicted of Murder of an Inmate shall
serve the subsequent four (4) years at Close B Custody before he or she
shall be eligible for reduction off _______ the reduction of custody.
(C) An inmate found guilty of a Division A-1
or Division A-2 serious, as set forth in Section 3323 or who is determined
b a classification committee to demorrstrate a attem of or a continuing
propensity for, violence, escape or narcotic distribution, shall serve
two (2) years at Close B Custody before he or she shall be eligible for
consideration of fbrthrther reduction of custody.
(1) An inmate designated as a former gang
member ("dropout") shall be required to undergo a period of observation
and be designated by classification committee action as a Close B Custody
inmate for one (1) year before he or she shall be eligible for consideration
of further ~onofcod.
(7) Notoriety. After at least five (5) years at
Close A Custody, an inmate designated as a Public Interest Case or determined
to have High Notoriety shall serve at least five (5) years in Close B Custody
before consideration of fiuther reduction of custody.
NOTE: Authority cited:
Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
End of Proposed Regulations
4CCIU377.DOC
March 25,2000
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