1. (a) Incarcerated persons must perform assigned tasks diligently and conscientiously. Incarcerated persons must not pretend illness, or otherwise evade attendance or avoid performance in assigned work, education and programs, or encourage others to do so.

2. (b) Incarcerated persons must report to their place of assignment at the time designated by the institution's schedule of activities and as instructed by their assignment supervisor. Incarcerated persons may not leave an assignment without permission to do so. Incarcerated persons in the DDP may require prompts or reminders to attend their assignments.

   1. (1) Time and payroll credits for paid incarcerated workers shall be documented on timekeeping logs maintained by work supervisors in accordance with section 3045.
   2. (2) The duration of an unauthorized absence from a compensated assignment shall be documented and under no circumstances shall an incarcerated person be paid under the authority of section 3041.2 for time not worked.
3. (c) Incarcerated persons must perform their work and program assignments in a safe manner, using safety equipment as instructed by their assignment supervisor.
4. (d) Incarcerated persons assigned to Cognitive Behavioral Interventions, Academic Education, Career Technical Education, Transitions, or other programs must cooperate with the instructor or the person in charge, and must comply with instructions, and all requirements for participation in the assigned activity.

5. (e) Incarcerated persons in assignments where they will type, file, or otherwise handle any nonconfidential information pertaining to another incarcerated person shall comply with all state Information Practices Act (Civil Code Sections 1798, et seq.) requirements.

   1. (1) For purposes of this section incarcerated persons in such assignments are designated “special agents” of the Department of Corrections and Rehabilitation as defined in Civil Code Section 2297, for the limited purposes of typing, filing, and handling information under the supervision of employees of the Department, and for no other purpose.
   2. (2) Pursuant to Civil Code Section 2318 incarcerated “special agents” are specifically deprived of the authority to disobey instructions as described in Civil Code Section 2320.
6. (f) Incarcerated persons shall be afforded a reasonable accommodation based on their identified disability for any work or program assignment, as long as the incarcerated person does not meet the criteria for medically disabled under section 3044.1(d)(2)(B).
7. (g) For incarcerated persons in the Developmental Disability Program (DDP), evaluation for removal from a program assignment shall be done on a case-by-case basis as outlined in sections 3041.1(e), 3044.1(d)(2)(B), and 3376.2(e).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Sections 2297, 2318, 2320 and 1798 et seq., Civil Code; Clark v California (2002) USDC-ND (No. C-96-1486-CRB); and Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.

History

1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

2. New subsections (e)-(e)(2) and Note filed 2-22-95; operative 3-24-95 (Register 95, No. 8).

3. Amendment of subsection (a) and new subsections (b)(1)-(2) filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).

4. Amendment of subsection (b)(1) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).

5. Amendment of subsection (a) 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.

6. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).

7. Change without regulatory effect amending subsection (e)(1) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).

8. Amendment of subsection (d) 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.

9. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5-14-2014 (Register 2014, No. 20).

10. Amendment of subsection (d) filed 2-18-2016 as an emergency; operative 2-18-2016 (Register 2016, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-27-2016 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 2-18-2016 order transmitted to OAL 7-26-2016 and filed 9-6-2016 (Register 2016, No. 37).

12. Governor Newsom issued Executive Order N-40-20 (2019 CA EO 40-20), dated March 30, 2020, which waived certain provisions of this section regarding inmates on compensated assignments, due to the COVID-19 pandemic.

13. Amendment of subsection (d) 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.

14. Editorial correction of History 13 (Register 2021, No. 36).

15. Amendment of subsection (d) 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.

16. Amendment of subsection (d) 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.

17. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8-31-2022 (Register 2022, No. 35).

18. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

19. Amendment of subsection (b), new subsections (f) and (g) and amendment of Note filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).