Section 3044 - Incarcerated Person Work Groups and Privilege Groups(a) Full-time and half-time defined. (1) Full-time work or training assignments normally mean eight hours per day on a five day per week basis, exclusive of meals.(2) Half-time work or training assignments normally mean four hours per day on a five day per week basis, exclusive of meals.(b) Consistent with the provisions of section 3375, all assignments or re-assignments to a work group shall be approved by a classification committee. (1) Work Group A-1 (Full-Time Assignment). An incarcerated person willing and able to perform an assignment on a full-time basis shall be assigned to Work Group A-1, except when the incarcerated person qualifies for the assignment of Work Group F or Work Group M pursuant to sections 3044(b)(7) or 3044(b)(8). The work day shall not be less than 6 hours of work participation and the work week no less than 30 hours of work participation, as designated by assignment. Those programs requiring an incarcerated person to participate during other than the normal schedule of eight-hours-per-day, five-days-per-week (e.g., 10-hours-per-day, four-days-per-week) or programs that are scheduled for seven-days-per-week, requiring incarcerated person attendance in shifts (e.g., three days of 10 hours and one day of five hours) shall be designated as "special assignments" and require departmental approval prior to implementation. "Special assignment" shall be entered on the incarcerated person's timekeeping log by the staff supervisor. (A) Any incarcerated person assigned to a required Rehabilitative Program managed by DRP, as defined in section 3000, shall be assigned to Work Group A-1, except when the incarcerated person qualifies for the assignment of Work Group M pursuant to subsection 3044(b)(8).(B) Any incarcerated person assigned to a combination of half-time work assignment and any Rehabilitative Program managed by DRP as described in section 3044(b)(1)(A), shall be assigned to Work Group A-1, except when the incarcerated person qualifies for the assignment of Work Group M pursuant to section 3044(b)(8).(C) A full-time college program may be combined with a half-time work or career technical education program equating to a full-time assignment. The college program shall consist of twelve units in credit courses only leading to an associate's degree in two years or a bachelor's degree in four years.(D) Any incarcerated person diagnosed by a physician or mental health clinician as totally disabled and therefore incapable of performing an assignment, shall remain assigned to Work Group A-1 throughout the duration of their total disability, unless the incarcerated person is assigned to Work Group C, Work Group D-1, Work Group D-2, or Work Group M in accordance with sections 3044(b)(4), 3044(b)(5), 3044(b)(6), or 3044(b)(8).(E) Any incarcerated person diagnosed by a physician or mental health clinician as partially disabled shall be assigned to an assignment within the physical and mental capability of the incarcerated person as determined by the physician or mental health clinician, unless changed by disciplinary action.(2) Work Group A-2 (Involuntarily Unassigned). An incarcerated person willing but unable to perform in an assignment shall be assigned to Work Group A-2, if the incarcerated person does not qualify for assignment to Work Group M pursuant to section 3044(b)(8) and either of the following is true: (A) The incarcerated person is placed on a waiting list pending availability of an assignment.(B) The unassigned incarcerated person is awaiting adverse transfer to another institution.(3) Work Group B (Half-Time Assignment). An incarcerated person willing and able to perform an assignment on a half-time basis shall be assigned to Work Group B, except when the incarcerated person qualifies for the assignment of Work Group M pursuant to section 3044(b)(8). Half-time programs shall normally consist of an assignment of four hours per workday, excluding meals, five-days-per-week, or full-time enrollment in college consisting of twelve units in credit courses leading to an associate's degree or bachelor's degree. The work day shall be no less than three hours and the work week no less than fifteen hours.(4) Work Group C (Disciplinary Unassigned; Zero Credit).(A) Any incarcerated person who twice refuses to accept assigned housing, who refuses to accept or perform in an assignment, or who is deemed a program failure as defined in section 3000 by a classification committee shall be assigned to Work Group C for a period not to exceed the number of disciplinary credits forfeited due to the serious disciplinary infraction(s) or 180 days, whichever is less, except when the incarcerated person qualifies for assignment to Work Group D-2 in accordance with subsection 3044(b)(6)(C).(B) An incarcerated person assigned to this work group shall not be awarded Good Conduct Credit, as described in section 3043.2, for a period not to exceed the number of disciplinary credits forfeited or 180 days, whichever is less, and shall revert to their previous work group upon completion of the credit forfeiture, unless the incarcerated person no longer qualifies for assignment to Work Group F or Work Group M due to the totality of their case factors. In such exceptional circumstances, the incarcerated person shall be assigned to another work group in accordance with this section. The incarcerated person shall also be referred to a classification committee for placement on an appropriate waiting list.(5) Work Group D-1 (Restricted Housing Status). An incarcerated person assigned to a Restricted Housing Unit (RHU) or other restricted housing shall be assigned to Work Group D-1, unless the incarcerated person qualifies for continued assignment to Work Group F or Work Group M or initial assignment to Work Group M in accordance with subsections 3044(b)(7)(D), 3044(b)(7)(E), 3044(b)(8)(E), or 3044(b)(8)(F); or the incarcerated person meets criteria for Work Group D-2 pursuant to subsection 3044(b)(6).(6) Work Group D-2 (Restricted Housing Status: Zero Credit).(A) Unless the exceptional criteria specified in subsection 3044(b)(6)(B) are met, an incarcerated person serving an imposed RHU term pursuant to subsection 3337(g) in restricted housing shall be assigned to Work Group D-2, effective the date of the Rules Violation Report, for a period not to exceed the number of whole-day credits forfeited for the rule violation or 180 days, whichever is less, up to the RHU Maximum Release Date or the date the Institution Classification Committee suspends the remainder of the RHU term. Following completion of the period of assignment to Work Group D-2 of credit forfeiture, the incarcerated person shall be reevaluated by a classification committee for assignment to another work group.(B) An incarcerated person serving an imposed RHU term pursuant to subsection 3337(g) in restricted housing due to a guilty finding for a Division A-1 offense, as designated in subsection 3323(b), and which involved serious bodily injury on a non-incarcerated person, shall be assigned to Work Group D-2, effective the date of the Rules Violation Report, for a period not to exceed the number of whole-day credits forfeited for the rule violation or 360 days, whichever is less, up to the RHU Maximum Release Date or the date the Institution Classification Committee suspends the remainder of the RHU term. Following completion of the period of credit forfeiture, the incarcerated person shall be re-evaluated by a classification committee for assignment to another work group.(C) An incarcerated person in RHU, or other restricted housing, who is deemed a program failure as defined in section 3000 may be assigned to Work Group D-2 by a classification committee for a period not to exceed the number of credits forfeited for the rules violation(s) or 180 days, whichever is less. An incarcerated person assigned to Work Group C at the time of placement in RHU, or other restricted housing, or who refuses to accept or perform work assignments shall be assigned to Work Group D-2. An incarcerated person released from RHU, or other restricted housing, may be assigned to Work Group C by a classification committee, not to exceed the remaining number of disciplinary credits forfeited due to the serious disciplinary infraction(s) or 180 days, whichever is less.(D) If the administrative finding of misconduct is overturned or if the incarcerated person is criminally prosecuted for the misconduct and is found not guilty, Good Conduct Credit shall be restored.(7) Work Group F (Minimum B Custody and Firefighting or Non-Firefighting Camp Placement). Assignment to Work Group F awards Good Conduct Credit pursuant to subsections 3043.2(b)(4)(B), 3043.2(b)(4)(C), 3043.2(b)(5)(A), 3043.2(b)(5)(B), 3043.2(b)(5)(C), or 3043.2(b)(5)(D). (A) An incarcerated person assigned to Minimum B Custody who has successfully completed the requisite physical fitness training and firefighting training to be assigned as a firefighter to a Department of Forestry and Fire Protection fire camp or as a firefighter at a Department of Corrections and Rehabilitation firehouse shall be assigned to Work Group F.(B) An incarcerated person assigned to Minimum B Custody who is placed in a Department of Forestry and Fire Protection fire camp for assignment to a non-firefighter position shall be assigned to Work Group F.(C) An incarcerated person placed in Work Group F who is found guilty of a serious rule violation as defined in subsections 3323(b), 3323(c), or 3323(d); found guilty of a rule violation involving use or possession of any unauthorized communication device or of any narcotic, drug, drug paraphernalia, controlled substance, alcohol, or other intoxicant, as defined in subsections 3323(e), 3323(f), 3323(g), or 3323(h); placed in a zero credit Work Group C pursuant to subsection 3044(b)(4) or Work Group D2 pursuant to subsection 3044(b)(6); or otherwise removed from this assignment due to safety or security considerations, shall be assigned to another work group consistent with the remaining provisions of this section and shall be ineligible to receive Good Conduct Credit pursuant to subsections 3043.2(b)(4)(B), 3043.2(b)(4)(C), 3043.2(b)(5)(A), 3043.2(b)(5)(B), 3043.2(b)(5)(C), or 3043.2(b)(5)(D). An incarcerated person who has been removed from this assignment under the circumstances described above may be re-assigned to Work Group F, after an appropriate period of time, by a classification committee.(D) An incarcerated person assigned to Work Group F who is temporarily placed in RHU or other restricted housing; designated by the Institution Classification Committee as Non-Disciplinary Restricted Housing (NDRH) pursuant to subsection 3335(b); and who otherwise remains eligible for continued assignment to Work Group F pursuant to subsections 3044(b)(7)(A) or 3044(b)(7)(B) shall continue to be assigned Work Group F for the duration of their NDRH placement.(E) An incarcerated person initially assigned to Work Group D-1 by the Institution Classification Committee due to placement in RHU or other restricted housing pursuant to subsection 3044(b)(5) and who was not designated for NDRH by the Institution Classification Committee; otherwise eligible for the assignment to Work Group F pursuant to subsections 3044(b)(7)(A) or 3044(b)(7)(B) during the period of restricted housing; and was not found guilty of the serious rule violation which was the reason for RHU or other restricted housing placement shall be made whole by retroactive assignment to Work Group F beginning with the effective date that Work Group D-1 was originally imposed and for the same number of days that they were assigned to Work Group D-1.(F) An incarcerated person assigned to Work Group F pursuant to subsection 3044(b)(7) for a cumulative period of twelve months or more on their current term of incarceration shall continue to earn Good Conduct Credit pursuant to subsections 3043.2(b)(4)(B), 3043.2(b)(4)(C), 3043.2(b)(5)(A), 3043.2(b)(5)(B), 3043.2(b)(5)(C), or 3043.2(b)(5)(D) upon transfer to an alternative custody setting as defined in subsection 3043(d).(G) An incarcerated person may be assigned Minimum B Custody and Work Group F, if the incarcerated person meets the criteria noted above and all of the following are true: 1. The incarcerated person is wanted for a felony by an out-of-state law enforcement agency (other than a Federal agency).2. The agency does not have a detainer placed with the department for the felony.3. The incarcerated person's central file documents that the agency communicated to the department that they will not extradite the incarcerated person for the purpose of prosecution of the felony.4. The totality of the incarcerated person's remaining case factors does not preclude the assignment of Minimum B Custody.(8) Work Group M (Minimum Custody or otherwise eligible for Minimum Custody). Assignment to Work Group M awards Good Conduct Credit pursuant to subsections 3043.2(b)(5)(A) and 3043.2(b)(5)(B). (A) Effective January 1, 2018, an incarcerated person assigned to Minimum A Custody or Minimum B Custody who does not qualify for assignment to Work Group F pursuant to subsection 3044(b)(7) shall be assigned to Work Group M. Work Group M may be assigned retroactively to May 1, 2017. However, Good Conduct Credit awarded pursuant to subsections 3043.2(b)(5)(A) and 3043.2(b)(5)(B) shall be limited in accordance with subsection 3043(c).(B) Effective January 1, 2018, an incarcerated person otherwise eligible for assignment to Minimum A Custody or Minimum B Custody whose eligibility for such assignment is limited solely due to their 1) placement in the Mental Health Services Delivery System at the Enhanced Outpatient level of care or higher level and/ or 2) medical or mental health status which requires additional clinical and custodial supervision as determined by the classification committee, shall be assigned to Work Group M. Work Group M may be assigned retroactively to May 1, 2017. However, Good Conduct Credit awarded consistent with subsections 3043.2(b)(5)(A) and 3043.2(b)(5)(B) shall be limited in accordance with subsection 3043(c).(C) Effective January 1, 2018, an incarcerated person may be assigned Minimum A or Minimum B Custody and/ or Work Group M, which may be applied retroactively to May 1, 2017, if the incarcerated person meets the criteria noted above and all of the following, are true: 1. The incarcerated person is wanted for a felony by an out-of-state law enforcement agency (other than a Federal agency).2. The agency does not have a detainer placed with the Department for the felony.3. The incarcerated person's central file documents that the agency communicated to the Department that they will not extradite the incarcerated person for the purpose of prosecution of the felony.4. The totality of the incarcerated person's remaining case factors does not preclude the assignment of Minimum A and Minimum B Custody or the incarcerated person is otherwise eligible for assignment to Minimum A or Minimum B Custody as described in section 3044(b)(8)(B).(D) An incarcerated person assigned to Work Group M who is found guilty of a serious rule violation as defined in subsections 3323(b), 3323(c), or 3323(d), found guilty of a rule violation involving use or possession of any unauthorized communication device or of any narcotic, drug, drug paraphernalia, controlled substance, alcohol, or other intoxicant, as defined in subsections 3323(e), 3323(f), 3323(g), or 3323(h), placed in zero credit Work Group C pursuant to subsection 3044(b)(4) or Work Group D2 pursuant to subsection 3044(b)(6), or otherwise removed from this assignment due to safety or security considerations, shall be reassigned to another work group consistent with the remaining provisions of this section and shall be ineligible to receive Good Conduct Credit pursuant to subsections 3043.2(b)(4)(B), 3043.2(b)(4)(C), 3043.2(b)(5)(A), 3043.2(b)(5)(B), 3043.2(b)(5)(C), or 3043.2(b)(5)(D). An incarcerated person who has been removed from this assignment under the circumstances described above may be assigned to Work Group M again, after an appropriate period of time, by a classification committee.(E) An incarcerated person eligible for initial assignment to Work Group M or who is assigned to Work Group M who is temporarily placed in RHU or other restricted housing; designated by the Institution Classification Committee as NDRH pursuant to subsection 3335(b); and who otherwise remains eligible for initial or continued assignment to Work Group M pursuant to subsections 3044(b)(8)(A) or 3044(b)(8)(B) shall be assigned Work Group M for the duration of their NDRH placement.(F) An incarcerated person initially assigned to Work Group D-1 by the Institution Classification Committee due to placement in RHU or other restricted housing pursuant to subsection 3044(b)(5) and who was not designated for NDRH by the Institution Classification Committee; was otherwise eligible for the assignment to Work Group M pursuant to subsections 3044(b)(8)(A) or 3044(b)(8)(B) during the period of restricted housing; and was not found guilty of the serious rule violation which was the reason for RHU or other restricted housing placement shall be made whole by retroactive assignment to Work Group M beginning with the effective date that Work Group D-1 was originally imposed and for the same number of days they were assigned to Work Group D-1.(G) Except when otherwise precluded by this section, an incarcerated person who undergoes reception center processing with a permanent disability that impacts placement or who is receiving dialysis treatment; who, as determined by a classification committee, experienced an extended stay in the reception center beyond 60 days solely due to the disability; and qualifies for the assignment of Work Group M pursuant to this section, shall be assigned Work Group M effective the 61st day of the stay at the reception center. Work Group M may be assigned retroactively to May 1, 2017. However, Good Conduct Credit awarded consistent with subsections 3043.2(b)(5)(A) and 3043.2(b)(5)(B) shall be limited in accordance with subsection 3043(c).(9) Work Group U (Unclassified). An incarcerated person undergoing reception center processing shall be assigned to Work Group U from the date of their reception until classified at their assigned institution, except when the incarcerated person is assigned Work Group M by a classification committee prior to the completion of reception center processing in accordance with section 3044(b)(8)(G).(c) Privileges. Privileges for each work group shall be those privileges earned by the incarcerated person. Incarcerated person privileges are administratively authorized activities and benefits required of the secretary, by statute, case law, governmental regulations, or executive orders. Incarcerated person privileges shall be governed by an incarcerated person's behavior, custody classification and assignment. A formal request or application for privileges is not required unless specified otherwise in this section. Institutions may provide additional incentives for each privilege group, subject to availability of resources and constraints imposed by security needs. (1) To qualify for privileges generally granted by this section, an incarcerated person shall comply with rules and procedures and participate in assigned activities.(2) Privileges available to a work group may be denied, modified, or temporarily suspended by a hearing official at a disciplinary hearing upon a finding of an incarcerated person's guilt for a disciplinary offense as described in sections 3314 and 3315, by a classification committee action changing the incarcerated person's custody classification, work group, privilege group, or institution placement, or pursuant to subsection 3044(f)(1)(B).(3) Disciplinary action denying, modifying, or suspending a privilege for which an incarcerated person would otherwise be eligible shall be for a specified period not to exceed 30 days for an administrative rule violation or 90 days for a serious rule violation. Loss of privileges shall not preclude an incarcerated person from possessing a network capable tablet for CDCR approved and mandatory functional uses when there is no alternative to perform the function, including, but not limited to: approved educational programs, filing appeals and grievances, and scheduling medical appointments. If the disciplinary sanctions provide for a temporary suspension of services, the Hearing Officer or Senior Hearing Officer may suspend or restrict specific discretionary features for the time specified in the disposition of the rules violation report.(4) A permanent change of an incarcerated person's privilege group shall be made only by classification committee action under provisions of section 3375. Disciplinary or classification committee action changing an incarcerated person's privileges or privilege group shall not automatically affect the incarcerated person's work group classification.(5) No incarcerated person or group of incarcerated persons shall be granted privileges not equally available to other incarcerated persons of the same custody classification and assignment who would otherwise be eligible for the same privileges, except as determined by Subsections 3376(d)(3)(E)1. through 3376(d)(3)(E)6.(6) Changes in privilege group status due to the incarcerated person's placement in RHU: (A) An incarcerated person housed in RHU shall be designated Privilege Group D with the exception of: 1. Incarcerated persons designated as NDRH, who shall retain their privilege group prior to RHU placement;2. Incarcerated persons who are assigned to the Debrief Processing Unit (DPU) in accordance with section 3378.7; and3. Incarcerated persons who are on Administrative RHU status in accordance with subsection 3044(i).(7) An incarcerated person in any Rehabilitative Program managed by DRP shall be eligible for available privileges subject to participating in assignment programs and shall not require a privilege group designation with the exception of sections 3044(f) or (g).(8) An incarcerated person's privileges shall be conditioned upon each of the following: (A) The incarcerated person's compliance with procedures governing those privileges.(B) The incarcerated person's continued eligibility.(C) The incarcerated person's good conduct and satisfactory participation in an assignment.(9) Incarcerated persons returned to custody from parole may be eligible to receive privileges based upon their satisfactory participation in an assignment.(10) When assigned to a RCGP facility, the incarcerated person's privileges shall be in accordance with section 3378.9.(11) Incarcerated persons may receive up to a maximum of four (4) packages per calendar year (one (1) per quarter) in accordance with their assigned privilege group.(d) Privilege Group A: (1) Criteria: (A) Full-time assignment as defined in section 3044(a).(B) An incarcerated person diagnosed by a physician or mental health clinician as totally disabled shall remain in Privilege Group A, unless changed by disciplinary action.(C) An incarcerated person designated by a physician or mental health clinician as partially disabled pursuant to section 3044(b)(1)(E) shall remain in Privilege Group A, unless changed by disciplinary action.(2) Privileges for Privilege Group A are as follows:(A) Family visits limited only by the institution/facility resources, security policy, section 3177(b), or other law.(B) Visits during non-work/training hours, limited only by availability of space within facility visiting hours, or during work hours when extraordinary circumstances exist as defined in subsection 3045.2(d)(2). NDRH incarcerated persons in Privilege Group A are restricted to non-contact visits consistent with those afforded to other incarcerated persons in RHU.(C) Maximum monthly canteen draw as authorized by the secretary.(D) Telephone access during the incarcerated person's non-work/training hours limited only by institution/facility telephone capabilities under normal operating conditions.(E) Kiosk access during the incarcerated person's non-work or non-training hours are limited only by institution or vendor capabilities.(F) Access to yard, recreation and entertainment activities during the incarcerated person's non-working/training hours and limited only by security needs.(G) Excused time off as described in section 3045.2.(H) The receipt of four incarcerated person packages, 30 pounds maximum weight each, per year. Incarcerated persons may also receive special purchases, as provided in subsections 3190(j) and (k).(I) Tablet access during the incarcerated person's non-work/training hours limited only by institution or vendor capabilities.(e) Privilege Group B: (1) Criteria, any of the following: (A) Half-time assignment as defined in section 3044(a) or involuntarily unassigned as defined in section 3044(b).(B) A hearing official may temporarily place an incarcerated person into the group as a disposition pursuant to section 3314 or 3315.(2) Privileges for Privilege Group B are as follows:(A) One family visit each six months, unless limited by section 3177(b) or other law.(B) Visits during non-work/training hours, limited only by availability of space within facility visiting hours, or during work hours when extraordinary circumstances exist, as defined in subsection 3045.2(d)(2). NDRH incarcerated persons in Privilege Group B are restricted to non-contact visits consistent with those afforded to other incarcerated persons in RHU.(C) Seventy-five percent (75%) of the maximum monthly canteen draw as authorized by the secretary.(D) Telephone access during the incarcerated person's non-work/training hours limited only by institution/facility telephone capabilities under normal operating conditions.(E) Kiosk access during the incarcerated person's non-work/training hours limited only by institution or vendor capabilities.(F) Access to yard, recreation, and entertainment activities during the incarcerated person's non-working/training hours and limited only by institution/facility security needs.(G) Excused time off as described in section 3045.2.(H) The receipt of four incarcerated person packages, 30 pounds maximum weight each, per year. Incarcerated persons may also receive special purchases, as provided in subsections 3190(j) and (k).(I) Tablet access during the incarcerated person's non-work/training hours limited only by institution or vendor capabilities.(f) Privilege Group C: (1) Criteria, any of the following: (A) The incarcerated person who twice refuses to accept assigned housing, or who refuses to accept or perform in an assignment, or who is deemed a program failure as defined in section 3000.(B) The incarcerated person who commits a disciplinary offense for Indecent Exposure or two or more disciplinary offenses for Sexual Disorderly Conduct within a 12-month period from the initial disciplinary offense shall be temporarily placed in Privilege Group C prior to adjudication of the disciplinary offense for up to 90 days for each offense. 1. The effective date for placement in Privilege Group C shall be the violation date.2. The authority to temporarily place the incarcerated person in Privilege Group C prior to the adjudication of the disciplinary offense shall not be delegated to staff below the level of Correctional Lieutenant.3. A staff member at the level of Captain or above may modify the number of days the incarcerated person was placed in Privilege Group C prior to adjudication of the disciplinary offense.4. Upon adjudication of the RVR, the temporary Privilege Group C no longer applies and the Senior Hearing Officer may determine appropriate Privilege Group placement pursuant to subsection 3315(g)(5)(C).5. If the incarcerated person is found not guilty or the charges are dismissed, the incarcerated person's privilege group shall revert back to their prior assigned privilege group, effective the date of adjudication or dismissal.(C) A hearing official may temporarily place an incarcerated person into the group as a disposition pursuant to section 3314 or 3315.(D) A classification committee action pursuant to section 3375 places the incarcerated person into the group. An incarcerated person placed into Privilege Group C by a classification committee action may apply to be removed from that privilege group no earlier than 30 days from the date of placement. Subsequent to the mandatory 30 days placement on Privilege Group C, if the incarcerated person submits a written request for removal, a hearing shall be scheduled within 30 days of receipt of the written request to consider removal from Privilege Group C.(2) Privileges and non-privileges for Privilege Group C are as follows: (B) Twenty-five percent (25%) of the maximum monthly canteen draw and items shall be limited to stationery, stationery supplies, personal hygiene, vitamins and medications as authorized by the Secretary. Incarcerated persons may maintain their current canteen items, which must be verified with a current receipt. Any subsequent canteen purchases while on Privilege Group C or program failure status shall be limited to stationery, stationery supplies, personal hygiene, vitamins and medications.(C) One personal telephone access per week during the incarcerated person's non-work/training hours, limited only by institution or facility telephone capabilities under normal operating conditions.(E) Institutions shall offer no less than ten hours of exercise in an outdoor, covered or enclosed setting each week. No access to any other recreational or entertainment activities.(F) No incarcerated person packages. Incarcerated persons may receive special purchases, as provided in subsections 3190(j) and (k).(G) Participation in their designated religious service within the chapel or other approved locations once per week.(H) Participation in self-help group(s).(I) Incarcerated persons placed on Privilege Group C pursuant to a disciplinary action or classification committee action shall have disallowed property stored at the incarcerated person's institution, pending removal from Privilege Group C.(J) Incarcerated person participants in the Mental Health Services Delivery System shall continue to participate in all scheduled structured therapeutic programming activities, which shall not be counted towards the ten hours of exercise per week.(K) Incarcerated persons assigned to Privilege Group C who participate in the Mental Health Services Delivery System at the Enhanced Outpatient Program (EOP) level of care or higher shall be referred to the Interdisciplinary Treatment Team (IDTT) via CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, for program review. The IDTT may recommend certain privileges granted to the incarcerated person on a case-by-case basis when it is determined suspension of privileges would cause decompensation or would be detrimental to the incarcerated person's mental health status.(L) Tablet possession is permitted, but all calling capabilities and paid services shall be restricted.(g) Privilege Group D: (1) Criteria: Any incarcerated person, with the exception of incarcerated persons placed on Administrative RHU status per section 3339 or designated NDRH, housed in a restricted housing unit, under the provisions of sections 3335-3349 who is not assigned to either a full-time or half-time assignment.(2) Any incarcerated person removed from the general population due to disciplinary or administrative reasons, shall forfeit their privileges within their general population privilege group pending review by a classification committee.(3) Privileges and non-privileges for Privilege Group D, other than those listed above, are as follows: (B) Twenty-five percent (25%) of the maximum monthly canteen draw as authorized by the secretary.(C) One personal telephone access per week during the incarcerated person's non-work/training hours, limited only by institution or facility telephone capabilities under normal operating conditions.(E) Yard access limited by local institution/facility security needs. No access to any other recreational or entertainment activities.(F) The receipt of one incarcerated person package, 30 pounds maximum weight each, per year. Incarcerated persons shall be eligible to acquire an incarcerated person package after completion of one year of Privilege Group D assignment. Incarcerated persons may also receive special purchases, as provided in subsections 3190(j) and (k).(G) Tablet possession is permitted, but all calling capabilities and paid services shall be restricted.(h) Privilege Group U: (1) Criteria: Reception center incarcerated persons under processing.(2) Privileges and non-privileges for Privilege Group U are: (B) Canteen Purchases. Fifty percent (50%) of the maximum monthly canteen draw as authorized by the Secretary.(C) One personal telephone access per week during the incarcerated person's non-work/training hours, limited only by institution or facility telephone capabilities under normal operating conditions.(E) Yard access, recreation, and entertainment limited by local institution/facility security needs.(F) Excused time off as described in section 3045.2.(G) No incarcerated person packages. Incarcerated persons may receive special purchases, as provided in subsections 3190(j) and (k).(i) Privilege Group AS: (1) Criteria: Any offender in RHU serving an Administrative RHU term as described in section 3339.(2) Upon a guilty finding in a disciplinary hearing, the disposition may or when mandated include assessment of one or more penalties in accordance with sections 3314 or 3315.(3) Privileges and non-privileges for Privilege Group AS are:(B) Non-contact visiting during non-work/training hours, limited by available space within facility non-contact visiting room.(C) Canteen draw may range from twenty-five percent (25%) to seventy five percent (75%) of the maximum monthly canteen draw as authorized by the secretary and designated by ICC.(D) Tablet possession is permitted, but all calling capabilities and paid services shall be restricted.(E) One personal telephone access per week under normal operating conditions.(G) Enhanced out of cell yard and programming for a combined total of 20 hours per week.(H) Receipt of incarcerated person packages, 30 pounds maximum weight each. Offenders may also receive special purchases, as provided in subsections 3190(j) and (k). ICC shall designate between one and four packages per year.(I) Photographs every 90 days, if the incarcerated person has met program expectations and has not been found guilty of serious disciplinary behavior in that time period. ICC shall designate between one and four photographs every 90 days.(J) Electrical appliances are allowed in accordance with the Authorized Personal Property Schedule for RHU incarcerated persons, as described in subection 3190(b)(4) or 3190(b)(5).(4) The local Interdisciplinary Treatment Team may further restrict or allow additional authorized personal property, in accordance with the Institution's EOP RHU operational procedure on a case-by-case basis, above that allowed by the incarcerated person's assigned Privilege Group.(j) Incarcerated persons housed in the Psychiatric Inpatient Program will be provided telephone access in accordance with the incarcerated person's assigned privilege group, limited only by institution or facility telephone capabilities and under normal operating conditions, unless restricted by the Interdisciplinary Treatment Team with clinical justification documented in the health record.Cal. Code Regs. Tit. 15, § 3044
Note: Authority cited: Cal. Const., article I, Section 32(b); and Sections 2700, 2701 and 5058, Penal Code. Reference: Cal. Const., article I, Section 32(a)(2); Sections 2932, 2933, 2933.05, 2933.3, 2933.6, 2935, 5005, 5054 and 5068, Penal Code; and In re Monigold, 205 Cal.App.3d 1224 (1988).
Note: Authority cited: Cal. Const., art. 1, sec. 32(b); and Sections 2700, 2701 and 5058, Penal Code. Reference: Cal. Const., art. 1, sec. 32(a)(2); Sections 2932, 2933, 2933.05, 2933.3, 2933.6, 2935, 5005, 5054 and 5068, Penal Code; and In re Monigold, 205 Cal.App.3d 1224 (1988).
1. Change without regulatory effect of subsection (c)(1) and NOTE pursuant to section 100, title 1, California Code of Regulations filed 12-28-89 (Register 90, No. 1). For prior history, see Register 88, No. 50.
2. Relocation of (a) to section 3045, amendment of redesignated (c)(4)-(f), new subsections (c)(8)-(9) and (i) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of printing errors (Register 92, No. 4).
4. Editorial correction of printing error in subsection (b)(1) (Register 92, No. 5).
5. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
6. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 2-27-95 as an emergency; operative 5-30-95 (Register 95, No. 9). A Certificate of Compliance must be transmitted to OAL by 11-6-95 or emergency language will be repealed by operation of law on the following day.
7. New subsections (f)(3)(H), (g)(4)(H) and (h)(3)(H) and amendment of Note filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (d)(3)(A) and (e)(3)(A) refiled 11-7-95 as an emergency; operative 11-6-95 (Register 95, No. 45). A Certificate of Compliance must be transmitted to OAL by 4-14-96 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-30-95 order transmitted to OAL 11-22-95 and filed 1-8-96 (Register 96, No. 2).
10. Editorial correction of History 8 (Register 96, No. 21).
11. Reinstatement of subsections (d)(3)(A) and (e)(3)(A) as they existed prior to emergency amendment filed 5-30-95 pursuant to Government Code section 11349.6(d) (Register 96, No. 21).
12. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 6-7-96 as an emergency; operative 6-7-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-7-96 or emergency language will be repealed by operation of law on the following day.
13. Change without regulatory effect amending subsection (e)(2) filed 7-16-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 29).
14. Certificate of Compliance as to 6-7-96 order transmitted to OAL 10-3-96 and filed 11-18-96 (Register 96, No. 47).
15. Repealer of subsections (f)(3)(H), (g)(4)(H) and (h)(3)(H) and amendment of Note filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 1-2-98 order transmitted to OAL 6-9-98 and filed 7-21-98 (Register 98, No. 30).
17. Repealer of printed inmate time card, new subsection (b)(1), subsection renumbering and amendment of Note filed 10-23-2003 as an emergency; operative 10-23-2003 (Register 2003, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004 or emergency language will be repealed by operation of law on the following day.
18. Change without regulatory effect amending subsections (d)(3)(A) and (e)(3)(A) filed 12-1-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 49).
19. Amendment of section and Note filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 6-9-2004 or emergency language will be repealed by operation of law on the following day.
20. 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.
21. Certificate of Compliance as to 10-23-2003 order transmitted to OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
22. Withdrawal and repeal of 12-30-2003 amendments filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the following day.
23. Amendment of section and Note , including relocation of former subsection 3044(g)(4)(G) to new section 3190(i)(3), filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
24. Amendment of section, including further amendments, 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.
25. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
26. Certificate of Compliance as to 6-17-2004 order, including further amendment of subsection (b)(5)(B), transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
27. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
28. Amendment of section and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
30. Amendment of subsections (b)(5)(A) and (b)(7), new subsection (b)(7)(C), subsection relettering and amendment of subsection (d)(2) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
31. Repealer of subsection (c)(6)(B), amendment of subsection (c)(8)(B), repealer of subsections (d)(2), (e)(2), (f)(2), (g)(2) and (h)(2), subsection renumbering, amendment of newly designated subsection (g)(2) and repealer of subsection (i) filed 10-22-2012; operative 11-21-2012 (Register 2012, No. 43).
32. New subsection (b)(6)(D) and amendment of subsections (c)(6)(A), (d)(2)(B), (d)(2)(D), (e)(2)(B), (e)(2)(D) and (g)(1) filed 9-24-2013 as an emergency; operative 9-24-2013 (Register 2013, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-3-2014 or emergency language will be repealed by operation of law on the following day.
33. Amendment of subsections (b)(2)(A), (b)(2)(C) and (c)(7) 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.
34. Amendment of subsections (d)(2)(G), (e)(2)(G), (f)(2)(E), (g)(3)(E) and (h)(2)(F) filed 1-8-2014 as an emergency; operative 1-8-2014 (Register 2014, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2014 or emergency language will be repealed by operation of law on the following day.
35. Certificate of Compliance as to 9-24-2013 order transmitted to OAL 2-20-2014 and filed 3-24-2014 (Register 2014, No. 13).
36. Certificate of Compliance as to 10-29-2013 order, including amendment of subsection (b)(2)(A), transmitted to OAL 4-4-2014 and filed 5-14-2014; amendments effective 5-14-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 20).
37. Certificate of Compliance as to 1-8-2014 order transmitted to OAL 6-16-2014 and filed 7-22-2014 (Register 2014, No. 30).
38. Amendment filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
39. Amendment of subsections (b)(5)(A) and (f)(1)(A) 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.23. Amendment of subsection (c)(5) filed 7-31-2015; operative 10-1-2015 (Register 2015, No. 31).
40. Amendment of subsections (b)(2)(A)-(B) filed 7-31-2015; operative 7-31-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 31).
41. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12-3-2015 (Register 2015, No. 49).
42. Repealer and new subsections (a)-(b)(8) and amendment of Note filed 4-13-2017 as an emergency; operative 4-13-2017 (Register 2017, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-20-2017 or emergency language will be repealed by operation of law on the following day.
43. Repealer and new subsections (a)-(b)(8) and amendment of Note refiled 9-19-2017 as an emergency; operative 9-21-2017 (Register 2017, No. 38). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-20-2017 or emergency language will be repealed by operation of law on the following day.
44. Amendment 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.
45. Repealer and new section and amendment of Note refiled 12-18-2017 as an emergency; operative 12-21-2017 (Register 2017, No. 51). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-21-2018 or emergency language will be repealed by operation of law on the following day.
46. Amendment of section heading and section filed 12-29-2017 as an emergency; operative 1-1-2018 (Register 2017, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-11-2018 or emergency language will be repealed by operation of law on the following day.
47. Refiling of 10-9-2017 amendments on 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.
48. Certificate of Compliance as to 12-18-2017 order transmitted to OAL 3-20-2018 and filed 5-1-2018 (Register 2018, No. 18).
49. Amendment of section heading and section refiled 6-7-2018 as an emergency pursuant to Penal Code section 5058.3, including amendment of subsections (b)(7), (b)(7)(C), (b)(7)(F) and (b)(8)(D); operative 6-12-2018 (Register 2018, No. 23). Pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(h), a Certificate of Compliance must be transmitted to OAL by 9-10-2018 or emergency language will be repealed by operation of law on the following day.
50. Certificate of Compliance as to 3-5-2018 order, including amendment of subsection (g)(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).
51. Certificate of Compliance as to 6-7-2018 order, including amendment of subsection (b)(8)(B), transmitted to OAL 9-5-2018 and filed 10-17-2018; amendments operative 10-17-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 42).
52. Amendment 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.
53. 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.
54. Amendment of subsections (c)(5) and (f)(2)(B), repealer and new subsection (f)(2)(E) and new subsections (f)(2)(G)-(f)(2)(K) 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.)
55. Amendment of subsections (b)(1)-(b)(1)(B) and (c)(7) filed 4-27-2021 as an emergency; operative 4-27-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
56. Amendment 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.
57. Adoption of article 3.4 heading and amendment of subsections (b)(4)-(b)(4)(B), (b)(6)-(b)(6)(B), repealer of subsection (b)(6)(D), amendment of subsections (b)(7), (b)(7)(C)-(E), repealer of subsection (b)(7)(F) and amendment of subsections (b)(8)-(b)(8)(B) and (b)(8)(C)2.-(b)(8)(G) filed 4-28-2021 as an emergency; operative 5-1-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL by 2-7-2022 or emergency language will be repealed by operation of law on the following day.
58. Change without regulatory effect relettering former subsection (b)(7)(G) to subsection (b)(7)(F) filed 5-11-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 20).
59. Editorial correction of Histories 55 and 57 (Register 2021, No. 36).
60. Certificate of Compliance as to 4-27-2021 order, including amendment of subsection (c)(3), transmitted to OAL 11-29-2021 and filed 12-20-2021; amendments effective 12-20-2021 pursuant to Government Code section 11343.4(b)(3) (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.
61. Adoption of article 3.4 heading and amendment of subsections (b)(4)-(b)(4)(B), (b)(6)-(b)(6)(B), repealer of subsection (b)(6)(D), amendment of subsections (b)(7), (b)(7)(C)-(E), repealer of subsection (b)(7)(F) and amendment of subsections (b)(8)-(b)(8)(B) and (b)(8)(C)2.-(b)(8)(G) refiled 12-28-2021 as an emergency, including further amendment of section; operative 12/28/2021 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
62. Amendment of subsections (b)(1)-(b)(1)(B) and (c)(7) refiled 2-1-2022 as an emergency; operative 2/1/2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
63. Adoption of article 3.4 heading and amendment of subsections (b)(4)-(b)(4)(B) and (b)(6)-(b)(6)(B), repealer of subsection (b)(6)(D), amendment of subsections (b)(7) and (b)(7)(C)-(E), repealer of subsection (b)(7)(F) and amendment of subsections (b)(8)-(b)(8)(B) and (b)(8)(C)2.-(b)(8)(G) refiled 3-28-2022 as an emergency; operative 3/29/2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
64. Amendment of subsections (b)(1)-(b)(1)(B) and (c)(7) refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
65. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
66. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
67. Amendment 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.
68. Amendment 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.
69. Amendment of subsection (f)(1)(B)4. filed 3-7-2024; operative 7/1/2024 (Register 2024, No. 10).
70. Amendment of subsections (f)(2)(B) and (h)(2)(B) filed 4-10-2024; operative 7/1/2024 (Register 2024, No. 15).
71. Change without regulatory effect amending article heading, section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
72. Certificate of Compliance as to 4-8-2024 order, including further 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).