Section 3269 - Incarcerated Person Housing Assignments(a) Incarcerated persons shall accept Incarcerated Person Housing Assignments (IPHAs) as directed by staff. All incarcerated persons shall be assigned to double-cell housing, except as provided in subsection 3269(e), whether being housed in a Reception Center, General Population (GP), Sensitive Needs Yard (SNY), Non-Designated Programming Facility (NDPF), Restricted Housing Unit (RHU), or specialty housing unit. If staff determines an incarcerated person is suitable for double-cell housing based on the criteria as set forth in this section, the incarcerated person shall accept the housing assignment or be subject to disciplinary action. IPHAs shall be made based on available documentation and individual case factors. Although incarcerated persons may request a housing assignment, they are not entitled to single-cell housing, a housing location of choice, or a cellmate of their choice.(b) Upon arrival at an institution, facility, or Reception Center, a designated screening authority shall screen an incarcerated person for an appropriate housing assignment in a private setting. The screening authority reviewing and approving an incarcerated person's housing assignment shall evaluate all factors to be considered when completing the Initial Housing Review (IHR), including but not limited to: (1) Incarcerated person name, CDCR number, and Personal Identification number.(2) Personal factors such as race, date of birth, age, weight, height, birth place, and whether the incarcerated person is a foreign national.(3) Receiving institution.(4) County of commitment.(5) Out to court return and escape history.(7) Enemies, safety, and victimization concerns.(8) Criminal influence demonstrated over other incarcerated persons.(9) Previous housing status.(10) Reason(s) for prior restricted housing.(11) History of "S" suffix determination pursuant to subsection 3377.1(c).(12) History of in-cell assaults or violence.(13) Security Threat Group affiliation.(14) Involvement in any race-based incident.(15) Nature of commitment offense.(16) Documented reports from prior cellmate(s) that the incarcerated person intimidated, threatened, forced, or harassed them for sex.(17) Documentation that any cellmate refused to return to a cell occupied by the incarcerated person because of fear, threats, or abuse perpetrated by the incarcerated person.(18) Documentation that the incarcerated person has been the victim of a physical or sexual assault.(19) Adjudicated Rules Violation Reports (RVR) where the incarcerated person was found guilty as a perpetrator in an act of physical or sexual abuse against a cellmate.(c) Utilizing the department's electronic database, the Strategic Offender Management System (SOMS), the screening authority shall complete the IHR, and indicate whether the incarcerated person is suitable for dorm or cell housing, with or without special restrictions. Restrictions are any case factor; including court ordered housing placement factors, which may limit the incarcerated person's housing placement options. Staff shall ensure that the housing policies for special category incarcerated persons covered under court ordered housing remain in place during their housing assignment. The IHR includes the following SOMS input fields: (1) Security issues including RHU and Restricted Custody General Population placement.(2) Request for Protective Custody.(3) Request for SNY Designation.(4) Medical, developmental or cognitive impairment, or mental health concerns.(5) Personal factors such as age, weight, and height.(6) Integrated Housing Code.(d) Upon placement in a RHU, incarcerated persons shall be screened for an appropriate cell assignment using the same criteria as incarcerated persons being screened for housing in the general population.(1) The reason for RHU placement shall be taken into consideration.(2) Based on available information and the incarcerated person interview, the screening authority shall determine if the incarcerated person is suitable for single- or double-celled housing and shall complete a CDC Form 114-A1 (Rev. 11/23), Inmate Restricted Housing Profile, which is incorporated by reference. Unless approved for single-cell assignment, an incarcerated person in RHU is expected to share a cell with another incarcerated person.(e) Single-cell status shall be considered for incarcerated persons who demonstrate a history of in-cell abuse, significant in-cell violence towards a cellmate, predatory behavior towards a cellmate, or who have been victimized in-cell by another incarcerated person. Staff shall consider the incarcerated person's pattern of behavior, not just an isolated incident. An act of mutual combat does not warrant single-cell status. Factors that must be considered when evaluating single-cell status include:(1) Predatory behavior characterized by repeated attempts to physically or sexually abuse another incarcerated person.(2) Documented and verified instances of being a victim of in-cell physical or sexual abuse by another incarcerated person.(f) If the screening authority determines that single-cell designation is appropriate, the incarcerated person's case factors shall be reviewed by a classification committee for determination of appropriate housing and designation for an "S" suffix. A classification committee may consider whether an incarcerated person with single-cell designation subsequently proves capable of being double-celled.(g) In cases where single-cell status is recommended by clinical staff due to mental health, developmental or cognitive impairment, or medical concerns, a classification committee shall make the final determination of an incarcerated person's cell assignment. The classification committee shall consider the clinical recommendations made by the evaluating clinician with assistance from the clinician who participates in the committee and review the incarcerated person's case factors when determining the housing assignment. Single-cell status based on a clinical recommendation is usually a temporary short-term measure and shall be reviewed periodically, including at an incarcerated person's annual review and more frequently at the incarcerated person's or clinician's request.(h) Transgender incarcerated persons and incarcerated persons having symptoms of gender dysphoria as identified and documented in SOMS by medical or mental health personnel within a CDCR institution shall be referred to a classification committee for a determination of appropriate housing at a designated institution, pursuant to Article 10 of Subchapter 4.(i) If an incarcerated person refuses a housing assignment, the incarcerated person shall be subject to the disciplinary process. Refusal to accept a housing assignment shall result in the issuance of a RVR for Conduct, subsection 3005(c), Refusing to Accept Assigned Housing, for the Specific Act of Willfully Resisting, Delaying, or Obstructing any Peace Officer in the performance of Duty (subsection 3323(f)(6)). Subsequent refusals shall result in additional disciplinary action.Cal. Code Regs. Tit. 15, § 3269
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Quine v. Beard, No. C 14-02726 JST.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Quine v. Beard, No. C 14-02726 JST.
1. New section filed 3-18-2008 as an emergency; operative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-18-2008 order, including amendment of subsection (f), transmitted to OAL 8-18-2008 and filed 9-15-2008 (Register 2008, No. 38).
3. Change without regulatory effect amending subsection (a) filed 3-28-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 13).
4. Amendment of subsections (a)-(b) filed 6-2-2014; operative 6-2-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 23).
5. Amendment of subsection (a) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
6. Amendment of subsection (g) 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.
7. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12/3/2015 (Register 2015, No. 49).
8. New subsection (g), subsection relettering and amendment of Note filed 4-17-2017 as an emergency; operative 4-28-2017 (Register 2017, No. 16). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-5-2017 or emergency language will be repealed by operation of law on the following day.
9. New subsection (g), subsection relettering and amendment of Note refiled 10-4-2017 as an emergency; operative 10-6-2017 (Register 2017, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 1-4-2018 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (b) 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.
11. Editorial correction restoring inadvertently omitted History 9 and adding History 10 (Register 2017, No. 42).
12. New subsection (g), subsection relettering and amendment of Note refiled 1-2-2018 as an emergency; operative 1-5-2018 (Register 2018, No. 1). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-5-2018 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (b) 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.
14. Certificate of Compliance as to 1-2-2018 order transmitted to OAL 4-4-2018 and filed 5/15/2018 (Register 2018, No. 20).
15. Editorial correction of subsection (b) (Register 2018, No. 26).
16. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).
17. Amendment filed 11-14-2022; operative 11/14/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).
18. Amendment of subsections (a), (b)(10), (c)(1) and (d)-(d)(2) 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.
19. Amendment of subsections (a), (a)(10), (c)(1) and (d)-(d)(2) 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.
20. 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).
21. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (a) and (d)(2), 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).