Cal. Code Regs. tit. 15, § 3376.1 – Departmental Review Board.

(a) Composition of the DRB:
1. (1) The director or deputy director of the Division of Adult Institutions (chairperson).
2. (2) The director or deputy director of the Division of Adult Parole Operations.
3. (3) The chief of classification services (shall abstain on DRB issues resulting from a difference of opinion between an institution head and the chief of classification services).
4. (4) The chief of health services.
(b) Two members shall constitute a quorum.
(c) The DRB shall meet at the call of the chairperson.
(d) Referrals shall be made to the DRB when:
1. (1) An institution head is unable to resolve a difference of opinion with the chief of classification services.
2. (2) An institution head believes a clarification of departmental policy of statewide importance is required.
3. (3) An institution head believes a DRB level decision for placement of an incarcerated person is required because of an unusual threat to the safety of persons or public interest in the case; e.g., commuted or modified death sentence.
4. (4) A difference between a Board of Parole Hearing's program placement order and the department's policies cannot be resolved.
5. (5) An out-of-state or federal prison placement is recommended by the institution classification committee for a Western Interstate Corrections Compact (WICC), PC Section 11190, an Interstate Corrections Compact (ICC), PC Section 11189, or a Federal Placement, PC Section 2911.
6. (6) Meritorious credit is recommended by an institution classification committee to reduce an incarcerated person's period of confinement pursuant to Penal Code Section 2935.
7. (7) The incarcerated person's current placement was ordered by the DRB and there is no documentation in the incarcerated person's central file to indicate that the DRB has relinquished responsibility for the incarcerated person's placement.
8. (8) An institution head determines there is a substantial threat to the incarcerated person's personal safety, should they be released to the general population.
  1. (A) Any offender who is denied housing in a General Population (GP) setting based on possible safety concerns shall have an investigation into the incarcerated person's safety concerns completed by designated institution staff.
  2. (B) Upon conclusion of the investigation, the safety concern evaluation shall be reviewed by ICC and referred to the DRB in accordance with section 3376(d)(3)(D)1.
9. (9) An institution head determines there continues to be a demonstrated threat to the incarcerated person's personal safety and the incarcerated person has been housed in Restricted Custody General Population (RCGP) based upon these safety concerns for a two-year period. Additional DRB review for safety concerns shall occur every two years from initial placement date.
  1. (A) If the DRB determines that there is a substantial threat to the incarcerated person's personal safety should they be released to the GP as determined by a preponderance of the evidence, the DRB retains the discretion, in accordance with existing authority, to house that incarcerated person in alternate appropriate non-restricted housing commensurate with their case factors, such as alternate general population housing or RCGP. The DRB shall articulate substantial justification for the need for alternative placement.
(10) Prior to the 24-month expiration of an Institution Classification Committee assessed Administrative RHU term, the Institution Classification Committee determines that overwhelming evidence exists supporting an immediate threat to the security of the institution or the safety of others, pursuant to section 3339.
1. (11) An Institution Classification Committee recommends that a condemned incarcerated person be housed in a facility with a security level lower than Level II.
2. (12) An Institution Classification Committee recommends that an incarcerated person serving a sentence of life without possibility of parole (LWOP) be housed in a facility with a security level lower than Level II.
(e) The DRB retains discretion in determining appropriate housing for incarcerated persons against whom there is a substantial threat to the incarcerated person's personal safety, should they be released to general population housing, where the DRB determines a preponderance of evidence exists to require placement in alternate appropriate non-restricted housing commensurate with the incarcerated person's current case factors.
(f) The DRB may retain an incarcerated person in the RHU on Administrative RHU status if they have determined that case factors are such that overwhelming evidence exists supporting an immediate threat to the security of the institution or the safety of others, and substantial justification has been articulated of the need for RHU placement.
(g) An annual assessment of the incarcerated person's case factors and disciplinary behavior associated with the current Administrative RHU status is mandated.
(h) Decisions of the DRB shall be in writing and implemented within 30 calendar days after the decision is made.

The Departmental Review Board (DRB) provides the Secretary's final review of classification issues which are referred by an institution head for a resolution or decision at the headquarters level. The DRB decision serves as the Secretary's level decision which is not appealable and concludes the incarcerated/supervised person's departmental administrative remedy of such issues.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3601, 3602, 5054, 5068 and 11191, Penal Code; Sections 8550 and 8567, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; Sandin v. Connor (1995) 515 U.S. 472; and Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146.

History

1. New section filed 1-16-92; operative 2-17-92 (Register 92, No. 13).

2. Amendment of subsection (d)(3) and Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).

4. Amendment of subsection (d)(5) and amendment of Note filed 10-30-2008 as an emergency; operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-8-2009 or emergency language will be repealed by operation of law on the following day.

5. Amendment of first paragraph and subsections (a)(1)-(2) and (d)(4) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).

6. Certificate of Compliance as to 10-30-2008 order transmitted to OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).

7. Change without regulatory effect amending subsection (a)(1) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).

8. Amendment of subsection (d)(3) and new subsections (d)(8)-(10) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).

9. Repealer and new subsections (d)(8)-(10), new subsections (e)-(g), subsection relettering and new subsection (i) 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.

10. Repealer and new subsections (d)-(8)-(10), new subsections (e)-(g), subsection relettering and new subsection (i) 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.

11. Certificate of Compliance as to 3-5-2018 order, including new subsections (d)(9)-(d)(9)(A) and subsection renumbering, transmitted to OAL 8-21-2018 and filed 10-3-2018; amendments effective 10-3-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 40).

12. Amendment of subsection (d)(5) filed 1-20-2023; operative 4-1-2023 (Register 2023, No. 3).

13. Amendment of subsections (d)(9)(A)-(g) and repealer of subsection (i) 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.

14. New subsections (d)(12)-(13) and amendment of Note filed 1-31-2024; operative 1-31-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).

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

16. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (d)(9)(A) and (d)(11)-(13), 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).

17. Amendment of subsection (d)(10), repealer of subsection (d)(11) and subsection renumbering filed 4-30-2026 as an emergency; operative 5-1-2026 (Register 2026, No. 18). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 10-08-2026 or emergency language will be repealed by operation of law on the following day.