Cal. Code Regs. tit. 15 § 3378.8

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 3378.8 - Transitional Housing Unit

The Transitional Housing Unit (THU) shall provide a continued program of observation to evaluate that an inmate has successfully disassociated from STG behavior and is capable of programming in a general population (GP) setting. Placement into the THU can be from either a Security Housing Unit, Debrief Processing Unit (DPU), or from GP. THU inmates shall be housed separately from other GP inmates due to potential safety concerns.

(a) The debrief process is designed to review, monitor and evaluate each individual and ensure that the incarcerated person participating in the debrief process is not a threat to staff or other incarcerated persons, and has sincerely renounced all STG related activities. A period of observation is included in the debrief process to ensure that an incarcerated person will be able to program in a GP setting with incarcerated persons of diverse backgrounds, as well as other disassociated STG members/associates. STG affiliates housed in general population or similar specialized housing prior to beginning the debrief process may bypass placement in the Transitional Housing Unit, as authorized by ICC. Female offenders who complete the interview phase of the debrief process, shall complete the observation phase in a general population institution. The minimum eligible criteria to be placed into the THU shall consist of:
(1) The formal debrief process as set forth in section 3378.5 must be satisfactorily completed and approved through the Office of Correctional Safety (OCS) via a completed CDC Form 128-B (4/74), General Chrono, which is incorporated by reference.
(2) The incarcerated person must be willing to commit to personal change, pursuant to section 3378.5.
(b) The observation phase of the debrief process shall be up to 6 months in duration consisting of components to include, but not be limited to, conflict resolution, anger control, substance abuse education, communication skills, individual counseling, educational skills, and group exercises. Incarcerated persons will be evaluated by the instructors throughout the program based on participation, behavior, and review of completed assignments. An incarcerated person must be actively participating in the assigned program activities for the time to be counted toward completion of the observation phase.
(c) Upon arrival at the designated THU institution, THU incarcerated persons shall be housed in a THU orientation section for a period not to exceed 14 days. The incarcerated person's placement in THU shall be reviewed by a classification committee for affirmation of the incarcerated person's endorsement and consideration of appropriate housing. Incarcerated persons shall be advised of program/behavioral expectations, and the requirement that they must attend and actively participate in all assignments and activities.
(1) During the orientation period, incarcerated person's program activities will be primarily limited to housing unit activities.
(2) Incarcerated persons shall be advised that participation in all assignments and activities is mandatory, and STG related behavior will not be tolerated. Any disciplinary behavior for which the incarcerated person is found to be accountable through the disciplinary process, shall result in referral to the Institution Classification Committee for program review as described by section 3378.7.
(d) Upon completion of the orientation period, participants shall be placed in the THU GP portion of the program for approximately 5 months and 2 weeks. Incarcerated persons will be assigned work group/privilege group A-1.
(1) Incarcerated persons shall be considered for double cell housing in accordance with section 3269.
(2) Incarcerated persons must participate in one or more of the offered self help activities, and any assigned work or educational programs.
(3) Incarcerated persons shall be allowed special purchases, canteen draw, and allowed to attend religious services when offered within the THU area.
(4) Incarcerated persons shall be eligible for work assignments as THU mentors to other THU incarcerated persons, THU housing unit porters, or THU clerks.
(e) Upon satisfactory completion of the THU program, incarcerated persons shall be referred to a classification committee for transfer consideration. Incarcerated persons failing to satisfactorily complete the THU program shall be referred to classification committee for determination of future program and housing needs or possible referral to DRB.
(f) When housing within the THU has been determined by ICC, but medical, mental health, mobility, or other case factors preclude the incarcerated person from being transferred to the THU, a conference call should be initiated to provide institutional staff with guidance concerning placement issues and privileges utilizing the case conference process with Classification Services Unit, HCPOP, and the DAI Associate Director. This case conference shall be documented in the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference. It is recognized that at times the incarcerated person's overriding need for access to specific medical or mental health facilities will take priority over their housing in the THU. These incarcerated persons should receive all privileges identified within this section, unless the privilege will create a significant security concern. If the hiring authority determines that the THU privileges will be denied based on security concerns, the hiring authority shall contact the DAI Associate Director to obtain approval before denying the privileges.

Cal. Code Regs. Tit. 15, § 3378.8

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

1. New section filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
2. Renumbering of former section 3378.8 to section 3378.10 and renumbering and amendment of former section 3378.7 to section 3378.8 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.
3. Renumbering of former section 3378.8 to section 3378.10 and renumbering and amendment of former section 3378.7 to section 3378.8 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.
4. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).
5. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
6. Amendment of subsection (f) filed 7-31-2024; operative 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).