Cal. Code Regs. tit. 15 § 3045.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3045.1 - Timekeeping for Incarcerated Persons in Restricted Housing Units

(a) A Classification Committee shall evaluate the reasons for an incarcerated person's Restricted Housing Unit (RHU) placement to ensure appropriate credits are awarded the incarcerated person. If the placement was for:

(1) A disciplinary infraction for which the finding was not guilty or pending an investigation where the incarcerated person was released, the incarcerated person shall retain their work group status at the time of their placement in a RHU unless otherwise impacted by a classification or disciplinary action.

(2) A disciplinary infraction for misconduct for which the finding was guilty, and a RHU term was assessed, the incarcerated person shall remain in Work Group D-2 in accordance with subsections 3044(b)(6)(A)-(B).

Cal. Code Regs. Tit. 15, § 3045.1

Note: Authority cited: Sections 2700, 2701 and 5058, Penal Code. Reference: Sections 2932, 2933, 2933.05, 2933.6, 2935, 5005, 5054 and 5068, Penal Code; and In re Monigold, 205 Cal. App. 3d 1224.

1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former section 3045.1 to section 3045.3 and adoption of new section 3045.1 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 A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order including amendment of subsection (a)(2) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
9. Repealer of subsection (b) filed 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.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. Amendment of subsection (a)(1) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
12. 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.
13. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
14. Amendment of subsection (a)(2) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
15. Amendment of subsection (a) and repealer of subsections (a)(1)-(2) filed 5-1-2021 as an emergency; operative 5/1/2021 (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 2-7-2022 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction of History 15 (Register 2021, No. 36).
17. Amendment of subsection (a) and repealer of subsections (a)(1)-(2) refiled 12-28-2021 as an emergency, including further amendment of subsection (a) and new subsections (a)(1)-(2); 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.
18. Amendment of subsection (a) and repealer of subsections (a)(1)-(2) 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.
19. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
20. Amendment of section heading and 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.
21. Amendment of section heading and 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.
22. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
23. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (a), 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).