Cal. Code Regs. tit. 15 § 3383

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

Section 3383 - State of Emergency

(a) A state of emergency shall exist when the institution head or regional parole administrator/deputy director, Division of Adult Parole Operations (DAPO), temporarily suspends any nonessential operation, procedure, service or function, and the normal time limits or schedules for such activity in order to prevent, contain or control a disturbance.

(b) The Assistant Secretary, Office of Correctional Safety, shall be contacted by any of the persons specified in section 3383(a), or their designee, when a state of emergency is declared.

(c) Approval of the Secretary or Secretary's designee is required when:

(1) A lockdown or modified program of all housing units/sub-facilities within a facility's security perimeter is to exceed 24 hours.

(2) A lockdown or modified program of fewer than all housing units/sub-facilities within a facility's security perimeter is to exceed 72 hours.

(3) The suspension of a facility's major program or operation is to exceed 72 hours; e.g., an academic or Career Technical Education program, visiting program, yard operation, or dining room operation.

(d) During a state of emergency the institution head or regional parole administrator or deputy director, DAPO, may authorize the postponement of nonessential administrative decisions, actions, and the normal time requirements for such decisions and actions as deemed necessary because of the emergency. This may include, but is not limited to, classification committee hearings, disciplinary proceedings, and the review and action on grievances, appeals, and complaints.

(e) During a state of emergency, the cause and effect shall be constantly reviewed and evaluated by the institution head or regional parole administrator/deputy director, DAPO, through appropriate staff. The facility's affected areas, programs, and operations shall be returned to normal as soon as the institution head or regional parole administrator/deputy director, DAPO, determines that it is safe to do so. Upon termination of a state of emergency, the normal schedules and time frames for administrative decisions and actions pertaining to affected incarcerated persons will resume.

Cal. Code Regs. Tit. 15, § 3383

Note: Authority cited: Section 5058, Penal Code; and Section 11152, Government Code. Reference: Section 5054, Penal Code.

1. New section filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Change without regulatory effect amending section and adding Note filed 3-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
3. Amendment filed 10-16-97; operative 11-15-97 (Register 97, No. 42).
4. Amendment of subsections (a)-(b) and (c)-(d) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
5. New subsection (b) and subsection relettering filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
6. Amendment of subsections (c)(1)-(2) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
7. Amendment of subsection (c)(3) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5/14/2014 (Register 2014, No. 20).
9. Amendment of subsection (d) filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
10. Emergency filed 3-25-2020 and operative 6-1-2020 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. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (d) refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). 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 10-8-2021 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (d) refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
14. Change without regulatory effect amending subsection (e) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).