1. (a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign incarcerated persons to housing units and activities according to the categories of gender identity, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior, risk of being sexually abused or sexually harassed, and other criteria which will provide for the safety of the incarcerated people and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility.

   The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each person's classification level, housing restrictions, and housing assignments.

   Each administrator of a Type II or III facility shall establish and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign incarcerated persons to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about and from the incarcerated person and shall provide for a channel of appeal by the incarcerated person to the facility administrator or designee. Each person may request a review of their classification plan no more often than 30 days from their last review.

2. (b) Each administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and people held and housed at the facility. The plan shall include receiving and transmitting of information regarding incarcerated persons who represent unusual risk or hazard while confined at the facility, and the separation of such persons to the extent possible within the limits of the court holding facility.
3. (c) In deciding housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the health and safety of the incarcerated person, and whether the placement would present management or security problems. A person's own views with respect to their own safety shall be given serious consideration.

Note: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.

History

1. Editorial correction of Note filed 9-30-82 (Register 82, No. 40).

2. Change without regulatory effect (Register 86, No. 32).

3. Amendment filed 6-2-88 as an emergency; operative 6-3-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-3-88.

4. Certificate of Compliance filed 9-7-88 (Register 88, No. 39).

5. Editorial correction of printing error in Note (Register 91, No. 32).

6. Designation and amendment of subsection (a) and new subsection (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 3).

7. Amendment of subsection (a) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).

8. Editorial correction restoring inadvertently deleted subsection (a) designator (Register 98, No. 6).

9. Amendment of subsection (a) filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).

10. Amendment of subsection (a) and new subsection (c) filed 9-13-2018; operative 1-1-2019 (Register 2018, No. 37).

11. Amendment of article 5 heading and section filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).