Cal. Code Regs. tit. 15 § 3339

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 3339 - Administrative Restricted Housing Unit Term

(a) An incarcerated person in the following circumstances may be assessed an Administrative Restricted Housing Unit (RHU) term by the Departmental Review Board (DRB) when the DRB articulates a substantial justification for the need for RHU placement due to the incarcerated person's ongoing threat to safety and security of the institution and/or others, and the incarcerated person cannot be housed in a less-restrictive environment; and

(1) Upon completion of a Determinate RHU term, the DRB determines the incarcerated person's case factors are such that overwhelming evidence exists supporting an immediate threat to the security of the institution or the safety of others; or

(2) The incarcerated person has a substantial disciplinary history consisting of no less than three (3) RHU/SHU terms within the past five (5) years and substantial justification for the need for continued RHU placement due to the incarcerated person's ongoing threat to safety and security of the institution and/or others exists; or

(3) The incarcerated person is currently serving an Administrative RHU term and continued retention is required because the incarcerated person's case factors are such that overwhelming evidence exists supporting an immediate threat to the security of the institution or safety of others, or the incarcerated person has a substantial disciplinary history consisting of no less than three (3) RHU/SHU terms within the past five (5) years.

Cal. Code Regs. Tit. 15, § 3339

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.

1. Repealer and new section filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
2 Editorial correction of printing error in subsection (b)(2) (Register 92, No. 5).
3. Amendment of section heading and repealer and new section filed 6-1-2015 as an emergency; operative 6-1-2015 (Register 2015, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12/3/2015 (Register 2015, No. 49).
5. Repealer and new section 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.
6. Repealer and new section 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.
7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
8. Certificate of Compliance as to 4-8-2024 order, including amendment of section, transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).