Cal. Code Regs. tit. 15 § 3337

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 3337 - Determinate Restricted Housing Unit Term

(a) If an incarcerated person is found guilty of a Rules Violation Report for an offense specifically listed in subsection 3337(g), they shall be assessed a Determinate Restricted Housing Unit term.

(1) The Determinate RHU term effective date shall be the date of placement in restricted housing or the date of discovery of the information leading to the disciplinary charge, whichever occurs first.

(2) Incarcerated persons may be assessed multiple independent Determinate RHU terms, which shall be served simultaneously. The Determinate RHU term with the most distant Restricted Housing Unit Maximum Release Date (RHU MRD) shall be the controlling RHU MRD.

(3) Only rule violations with a violation date within the past five (5) years on an incarcerated person's current CDCR number that warrant a RHU/SHU assessment shall be addressed by ICC and reviewed by the Classification Staff Representative (CSR). ICC shall assess the appropriate Determinate RHU term in accordance with subsection 3337(g) and one of the following actions:

(A) Impose/Re-impose

(B) Impose/Re-impose and Suspend

(C) Impose/Re-impose and Suspend in Entirety

(D) Commute

(4) In assessment of the Determinate RHU term, ICC shall review and consider the clinical input documented on the Form 115-MH-A (Rev. 12/15) Rules Violation Report: Mental Health Assessment, which is incorporated by reference. ICC shall document on the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference, their consideration and the actions taken as a result of the clinical input.

(b) A Determinate RHU term shall be computed using the RHU Term Matrix in subsection (g) and the automated RHU Term Computation Form (Rev. 11/23), which is incorporated by reference. A completed copy of the automated RHU Term Computation Form (Rev. 11/23) shall be provided to the incarcerated person. All Determinate RHU terms shall be assessed at the set term for the offense.

(c) Re-imposed Determinate RHU terms shall be addressed in accordance with section 3346.

(d) Incarcerated persons shall be assessed a Determinate RHU term for serious misconduct occurring while on Administrative RHU status provided the incarcerated person is found guilty of an offense listed in subsection 3337(g). The Administrative RHU status shall run concurrently to any/all assessed Determinate RHU terms, whether active or suspended, and upon the RHU MRD the Administrative RHU status will continue.

(e) Determinate RHU terms shall be served in a departmentally approved RHU, or a facility specifically designated for that purpose. Determinate RHU terms may also be served in secure inpatient medical or mental health settings, when deemed medically necessary.

(f) ICC decisions to assess a Determinate RHU term shall be referred to a CSR for review and approval. In auditing and endorsing cases, the CSR shall ensure that any Determinate RHU term assessment is consistent with the specific disciplinary violation that was charged and the subsequent findings as confirmed by the Chief Disciplinary Officer and ICC.

(1) CSR review and approval is required for Determinate RHU terms with an established STG nexus, as described in subsection 3378.4(a).

(g) RHU Term Matrix (set terms for determinate confinement to RHU).

Offense	SET TERM (Mos/Days)
(1) Homicide:
(A) Murder, attempted murder, solicitation of murder, or voluntary manslaughter of a non-incarcerated person.	24
(B) Murder, attempted murder, solicitation of murder, or voluntary manslaughter of an incarcerated person.	18
(2) Violence Against Persons:
(A) Battery on a non-incarcerated person with a weapon capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury; or physical force causing serious injury.	15
(B) Assault on a non-incarcerated person with a weapon, capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury.	7/15
(C) Rape, sodomy, or oral copulation on a non-incarcerated person, or any attempt.	15
(D) Battery on an incarcerated person with a weapon capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury or physical force causing serious injury.	9
(E) Assault on an incarcerated person with a weapon capable of causing serious or mortal injury; caustic substance or other fluids capable of causing serious or mortal injury.	4/15
(F) Rape, sodomy, or oral copulation on an incarcerated person accomplished against the incarcerated person's will, or any attempt.	9
(G) Battery on a non-incarcerated person without serious injury.	6
(H) Assault on a non-incarcerated person.	3
(I) Aggravated battery by means of gassing: intentionally placing or throwing, or causing to be placed or thrown upon the person of a non-incarcerated person, any human excrement or bodily fluids or bodily substances, or any mixture containing human excrement or other bodily fluids or bodily substances, which results in actual contact with the person's skin or membranes.	10
(J) Battery on an incarcerated person by means of gassing: intentionally placing or throwing, or causing to be placed or thrown upon the person of an incarcerated person, any human excrement or bodily fluids or bodily substances, or any mixture containing human excrement or other bodily fluids or bodily substances, which results in actual contact with the person's skin or membranes.	6
(3) Threat to Kill or Assault Persons:
(A) To take or use a non-incarcerated person as a hostage.	15
(B) Threat of violence to non-incarcerated person, which meets the Division B criteria.	2/15
(4) Possession of a Weapon:
(A) Possession of a firearm or possession, manufacture, or attempted manufacture of an explosive device.	15
(B) Possession, manufacture, or attempted manufacture of a weapon.	4
(5) Disturbance, Riot, or Strike:
(A) Leading a disturbance, riot, or strike.	6
(B) Active participation in a disturbance, riot, or strike (two (2) or more offenses within a 12-month period or one (1) with direct STG nexus).	3
(6) Any incarcerated person who conspires to commit or solicits another person to commit any of the offenses above shall receive the term specified for that offense.

(h) "RHU MRD Term" is a combination of months, followed by days, which represents the amount of time that must pass before a Determinate RHU term expires. Unless previously suspended, the established RHU MRD is the date the Determinate RHU term ends and the incarcerated person is no longer on RHU status.

Cal. Code Regs. Tit. 15, § 3337

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 4501.1, 4502, 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; Wright v. Enomoto, (1976) 462 F.Supp. 397; and Toussaint v. McCarthy (9th Cir. 1986) 801 F.2d 1080, cert. denied, 481 U.S. 1069.

1. Amendment of section heading, repealer and new section and amendment of Note 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.
2. Certificate of Compliance as to 6-1-2015 order, including further amendment of subsections (a)(4)-(6) and (b), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective 12/3/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).
3. Amendment of subsections (c)(1) and (c)(4) and new subsections (c)(5) and (c)(6) filed 10-9-2017 as an emergency; operative 10/9/2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (c)(1) and (c)(4) and new subsections (c)(5) and (c)(6) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-5-2018 order, including amendment of subsection (c)(1), transmitted to OAL 8-21-2018 and filed 10-3-2018; amendments effective 10/3/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 40).
6. Renumbering of former section 3337 to section 3340 and new section 3337 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.
7. Renumbering of former section 3337 to section 3340 and new section 3337 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.
8. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
9. 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).