Cal. Code Regs. tit. 15 § 3314

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Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3314 - Administrative Rule Violations

(a) Incarcerated person misconduct reported on a RVR shall be classified administrative if:

(1) The misconduct does not constitute a misdemeanor offense, except as provided in (3) below.

(2) It does not involve any of the following circumstances:

(A) The use or threat of force or violence against another person.

(B) A breach of or hazard to facility security.

(C) A serious disruption of facility operations.

(D) The introduction, use, or possession of controlled substances or alcohol.

(E) Possession of dangerous contraband.

(F) Continued failure to meet program expectations.

(G) Any felony offense.

(3) Administrative rule violations include but are not limited to:

(A) Possession of property, materials, items, or substances in excess of authorized limits, or possession of contraband other than controlled substances or dangerous contraband.

(B) Misuse of food.

(C) Out-of-bounds presenting no threat to facility security.

(D) Misuse of telephone privileges presenting no threat to facility security.

(E) Mail or visiting violations presenting no threat to facility security.

(F) Failure to meet work or program expectations within the incarcerated person's abilities.

(G) Late for or absent without authorization from a work or program assignment.

(H) Use of vulgar or obscene language.

(I) Failure to follow an itinerary when on temporary community leave from a community-access facility.

(J) Under the influence (use) of alcoholic beverages, drugs, or intoxicants in a community-access facility.

(K) Failure to comply with departmental grooming standards.

(L) Security Threat Group (STG) Contraband: Possessing or displaying any distinctive materials, certified symbols, clothing, signs, artwork, photographs, or other paraphernalia associated with any Security Threat Group as defined in Section 3000. Examples of these materials are identified in Section 3378.4.

(M) Security Threat Group (STG) Behavior: Demonstrating or exhibiting any unique behaviors clearly associated with a STG that promotes, furthers or assists any Security Threat Group; as defined in Section 3000. Examples of these behaviors are identified in section 3378.4.

(N) Possession or constructive possession of another incarcerated person's authorized wireless communication device.

(b) Administrative rule violations shall be heard by a disciplinary hearing official not below the level of a correctional lieutenant, or an experienced correctional counselor I, parole agent I or correctional sergeant.

(c) The incarcerated person does not have the right to call witnesses or to have an investigative employee assigned.

(d) If deemed necessary by the hearing official, the hearing shall be suspended and the incarcerated person shall be provided staff assistance pursuant to section 3318(b).

(e) The hearing official may find the incarcerated person guilty and order one or more of the following dispositions:

(1) Counseling, with or without a reprimand.

(2) Suspension of privileges specified by the hearing official for no more than a 30-day period starting the date the rule violation report was adjudicated, except as authorized in section 3314(e)(10).

(3) Placement into privilege group B or C for no more than a 30-day period starting the date the rule violation report was adjudicated. Incarcerated persons placed into Privilege Group C as a result of a disciplinary action who are participating in the Mental Health Services Delivery System at the Enhanced Outpatient Program level of care or higher shall be referred to the Interdisciplinary Treatment Team by the hearing official by documenting the information on a CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, as a routine referral for program review.

(4) Confinement to quarters pursuant to section 3333 for one or more weekends and/or holidays, not to exceed ten days and not to be imposed with subsection (6) or suspended confinement.

(5) Assignment to no more than 40 hours of extra duty.

(6) Confinement to quarters for a period not to exceed five consecutive days. Incarcerated persons serving confinement to quarters shall be released to attend work and program assignments.

(7) Placement of a restriction or hold on the incarcerated person's trust account for rule violations involving state or personal property as described in section 3190 when the incarcerated person refuses to pay for the repair or replacement of such property or canteen.

(8) Suspension of all or part of any disposition for up to 90 days based on the incarcerated person's acceptance of and compliance with conditions specified for suspension of the disposition.

(9) Imposition of all or part of an existing suspended disposition when the current rule violation is also a violation of conditions imposed at the time of the suspension.

(10) Incarcerated persons placed in a Restricted Housing Unit, Privilege Group D, who are found guilty of any RVR deemed administrative per this section are subject to temporary loss of entertainment appliances as follows:

A. Thirty days for the first offense

B. Sixty days for the second offense.

C. Ninety days for the third offense.

(f) The hearing official may find the incarcerated person guilty of the charge but, in the interest of justice or because of extenuating circumstances, dismiss the formal rule violation charge and report the misconduct as a custodial counseling on a Counseling Only Rules Violation Report pursuant to section 3312. In such cases the RVR shall be processed pursuant to section 3326.

(g) The hearing official may find the incarcerated person not guilty and dismiss the charges.

(h) The hearing official may designate the rule violation serious if it is determined in the fact-finding phase of an administrative violation hearing that the misconduct is a serious rule violation. The disciplinary hearing official shall terminate the hearing and issue a serious RVR to the incarcerated person.

(i) Classification Committee Review. When the hearing official determines that an incarcerated person is a program failure, as defined in section 3000, the hearing official shall refer the administrative disciplinary action for possible review by a classification committee to affirm or modify the incarcerated person's program, work/privilege group, or housing assignment.

(j) If the hearing official finds the incarcerated person guilty of a rule violation which includes a nexus to a STG, a copy of the completed Rules Violation Report shall be forwarded to the STG Lieutenant.

(k) The author of a Rules Violation Report may submit a CDCR Form 1027 (8/18), Audio-Video Surveillance System Evidence Request, which is incorporated by reference, to his or her supervisor to have any audio recordings, video recordings, or both forms of recordings related to the circumstances that gave rise to the rules violation preserved. Audio or video recordings preserved as part of a serious Rules Violation Report shall be reviewed by the Senior Hearing Officer during the hearing process.

Cal. Code Regs. Tit. 15, § 3314

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Amendment of subsection (d)(2) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsections (a) and (d)(5) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
5. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. New subsection (a)(3)(L) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
8. Amendment filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section, including futher amendment of subsection (e)(4), refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. Amendment of subsections (c)(2)(D)-(E), new subsections (c)(2)(F)-(G), repealer of subsection (c)(3)(A), subsection relettering, amendment of subsection (e)(2) and new subsections (e)(10)-(e)(10)C. filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
12. New subsections (a)(3)(L)-(M) and (j) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
13. Amendment of subsections (a), (f) and (h) filed 6-2-2016 as an emergency; operative 6/2/2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 6-2-2016 order, including amendment of subsection (f), transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective 12/22/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 52).
15. New subsection (k) filed 2-5-2020; operative 4/1/2020 (Register 2020, No. 6).
16. New subsection (a)(3)(N) filed 7-23-2020 as an emergency; operative 7/23/2020 (Register 2020, No. 30). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-30-2020 or emergency language will be repealed by operation of law on the following day.
17. Emergency filed 7-23-2020 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. 48). A Certificate of Compliance must be transmitted to OAL by 4-30-2021 or emergency language will be repealed by operation of law on the following day.
18. Amendment of subsection (e)(3) filed 2-24-2021; operative 4/1/2021 (Register 2021, No. 9). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)
19. New subsection (a)(3)(N) refiled 4-27-2021 as an emergency; operative 4/30/2021 (Register 2021, No. 18). 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 11-29-2021 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 4-27-2021 order transmitted to OAL 11-29-2021 and filed 12/20/2021 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
21. Amendment of subsection (e)(10) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
22. Amendment of subsection (e)(10) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
23. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
24. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).