1. (a) Incarcerated person work/training supervisors, in accordance with section 3040(d), shall fill vacant paid incarcerated person assignments based on the following criteria:

   1. (1) Skill level evidenced by the incarcerated person's technical expertise, ability, and knowledge.
   2. (2) Behavior and relationships with others evidenced by the incarcerated person's ability to deal with staff and other authority figures, work/training supervisors, and other incarcerated persons.
   3. (3) Attitude and adaptability evidenced by the incarcerated person's willingness to learn and to take directions.
   4. (4) Work/training habits evidenced by the incarcerated person's punctuality, dependability, care of equipment, and safety practices.
   5. (5) Formal education and training evidenced by the incarcerated person's preparation for the assignment and ability to read, write, and speak effectively.
   6. (6) Mission and physical plant of the institution/facility.
   7. (7) Ethnic balance. Ethnic balance is achieved by having the facility's White, Black, Hispanic, American Indian, and other identified ethnicities in the incarcerated person population proportionately represented in the number of paid assignments at the facility.
2. (b) Each institution/facility shall establish an application process for selection of skilled workers to fill paid positions.
3. (c) Incarcerated persons assigned to paid positions will be paid from the fund or allotment of the institution's/facility's support budget.
4. (d) All paid work/training assignments shall be ranked in sequential order of technical skill required. The United States Department of Labor Dictionary of Occupational Titles (DOT) shall be used to maintain consistency throughout the Department when determining skill levels.
5. (e) An incarcerated person's Developmental Disability Program (DDP) status may not be used as the sole basis to disqualify or remove an incarcerated person from a position. An incarcerated person in the DDP may be disqualified or removed on a case-by-case basis as outlined in sections 3044.1(d)(2)(B), and 3376.2(e). Consideration for disqualification or removal from a position shall take into account factors, including but not limited to: the incarcerated person's ability to perform the essential functions of the program with or without a reasonable accommodation, the incarcerated person's documented disciplinary behavior, or the incarcerated person's documented refusal to work as directed.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal 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. New section filed 2-28-95; operative 3-30-95 (Register 95, No. 9).

2. Amendment filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).

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

4. New subsection (e) and amendment of Note filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).