1. (a) Designated staff, not below the rank of correctional lieutenant or parole agent II, may temporarily impose non-contact visiting restrictions as a necessary security measure for an incarcerated person who is pending a serious disciplinary hearing for the distribution and/or possession/control of a controlled substance, possession of money or other dangerous contraband that has been introduced into the institution/facility, or for other violations related to visiting.
2. (b) Pursuant to section 3314, a hearing officer conducting an administrative rules violation hearing may restrict an incarcerated person's visiting privileges for up to 30 days when the incarcerated person is found guilty of visiting related misconduct.
3. (c) Upon a finding of guilt of a drug related offense, as described in subsections 3323(c)(6) and/or 3323(d)(7), the official conducting a disciplinary hearing, shall suspend and restrict an incarcerated person's visiting privileges pursuant to subsections 3315(g)(5)(H) and 3315(g)(5)(I).

4. (d) Pursuant to section 3315, the official conducting a disciplinary hearing may suspend or restrict an incarcerated person's visiting privileges for up to 90 days, when the incarcerated person is found guilty of any of the following serious rule violations:

   1. (1) Possession of $5.00 or more without authorization.
   2. (2) Visiting related violations presenting a threat as described in section 3315(a)(2).
   3. (3) Serious or repeated violations of visiting regulations or procedures.

5. (e) Suspension and or restriction of visiting may be imposed by a classification committee for a specific period of time when there is substantial reason(s) to believe that the incarcerated person poses a threat to the security of the institution/facility and or safety of persons.

   1. (1) Separate from the disciplinary authority of the senior hearing officer as provided in section 3315, a classification committee may suspend and restrict the visiting privileges of an incarcerated person found guilty of multiple visiting related violations as described in section 3176.4(d). The committee may impose the following suspensions and restrictions:

      1. (A) Suspension of visiting privileges for up to 90 days, to be followed by non-contact visiting for up to 180 days for any second offense which occurs within two years from the date of a previous offense.
      2. (B) Suspension of visiting privileges for up to 180 days, to be followed by non-contact visiting for up to 180 days for any third offense which occurs within two years from the date of a first offense.
   2. (2) A classification committee may impose a loss of visits for 180 days, to be followed by non-contact visits for 180 days, for escape or attempted escape when the incarcerated person is found guilty by a disciplinary hearing officer or court.
6. (f) When the incarcerated person's visiting privilege status has been modified or changed, the incarcerated person shall be responsible for promptly notifying their visitor(s) of the action taken.
7. (g) Any suspensions under this section shall not apply to attorney visits including visits by attorney representatives.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2086, 2772, 2790, 4502, 4535, 4571, 4573, 4573.5, 4573.6 and 5054, Penal Code; and In re French, 106 Cal.App.3d 74 (1980).

History

1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).

2. Amendment of subsection (c) filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).

3. Amendment of subsection (c) filed 3-7-2024; operative 7-1-2024 (Register 2024, No. 10).

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