Cal. Code Regs. tit. 15 § 3480

Current through Register 2024 Notice Reg. No. 42, October 18, 2024

Section 3480 - Implementation Date and Definitions

(a) The provisions of this Article shall apply to all incarcerated and supervised person grievances received by the Department of Corrections and Rehabilitation on or after January 5, 2022.

(b) For purposes of this article, the following definitions shall apply:

(1) "Administrative remedy" means the non-judicial process provided by the department to address incarcerated and supervised person complaints.

(2) "Appeal" means a written request from a claimant for review by the Office of Appeals of a decision issued by the Institutional or Regional Office of Grievances.

(3) "Appeal package" means a written appeal from a claimant and all of its supporting documents.

(4) "Centralized Screening Team" refers to the unit responsible for screening all claims to determine if the claim meets the definition of "staff misconduct" or "routine claim" as defined in this section.

(5) "Claim" means a single complaint arising from a unique set of facts or circumstances.

(6) "Claimant" refers to an incarcerated or supervised person under the custody or control of the Department who files a grievance or appeal with the Department.

(7) "Coordinator" means the official responsible for the administrative functions of the Office of Grievances or Office of Appeals, depending on their assignment.

(8) "Department" and "departmental staff" refers exclusively to the Department of Corrections and Rehabilitation and to all employees, contractors, and volunteers associated with the Department, unless expressly excluded elsewhere in this article.

(9) "Grievance" means a written request from a claimant for review by the Institutional or Regional Office of Grievances of one or more claims.

(10) "Grievance package" means a written grievance from a claimant and all of its supporting documents.

(11) "Reviewing Authority" means the official who oversees the Office of Grievances or Office of Appeals and who is responsible for the overall quality and timeliness of the written response to each claim raised in a grievance or appeal, respectively.

(12) "Routine claim" refers to any complaint submitted by an incarcerated or supervised person that does not involve a claim of staff misconduct as defined in this section.

(13) "Staff misconduct" refers to behavior that resulted in a violation of law, regulation, policy, or procedure, or actions contrary to an ethical or professional standard.

Cal. Code Regs. Tit. 15, § 3480

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

1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 4-2-91 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error inadvertently omitting text (Register 91, No. 11).
3. Certificate of Compliance as to 11-28-90 order transmitted to OAL 3-21-91 and filed 4-22-91 (Register 91, No. 20).
4. Renumbering of former section 3480 to new section 3480.1 and new section 3480 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4(Register 2005, No. 37).
5. Removal of article 9 heading, new subchapter 5.1 (articles 1-2, sections 3480-3488), article 1 (sections 3480-3487), renumbering of section 3480 to section 3470 and new section 3480 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.
6. 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.
7. Removal of article 9 heading, new subchapter 5.1 (articles 1-2, sections 3480-3488), article 1 (sections 3480-3487), renumbering of section 3480 to section 3470 and new section 3480 refiled 2-25-2021 as an emergency, with amendments to subsections (b)(4) and (b)(11); 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.
8. Removal of article 9 heading, new subchapter 5.1 (articles 1-2, sections 3480-3488) , article 1 (sections 3480-3487) , renumbering of section 3480 to section 3470 and new section 3480 refiled 10-4-2021 as an emergency, with amendments to subsections (b)(4) and (b)(11); 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.
9. Certificate of Compliance as to 10-4-2021 order, including amendment of section, transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
10. Change without regulatory effect amending subchapter heading, article heading and subsections (a), (b)(1), (b)(6) and (b)(12) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).