1. (a) Case management for all incarcerated persons in the Developmental Disability Program (DDP) shall comply with established classification procedures.
2. (b) Classification procedures and committee decisions shall ensure that incarcerated persons in the DDP are not exposed to a significant risk of harm, abuse, or harassment.
3. (c) The Interdisciplinary Support Team (IDST) at designated DDP institutions shall review and record in the classification committee notes, the continued appropriateness of an incarcerated person's placement in the DDP, including the incarcerated person's designated endorsement and any determination made regarding the incarcerated person's prescribed adaptive support needs.

4. (d) The IDST members shall:

   1. (1) Conduct a housing review to ensure housing is commensurate with the incarcerated person's current case factors and DDP designation.
   2. (2) With the exception of the initial IDST as described in subsection 3369.11(c)(2), ensure the incarcerated person's prescribed adaptive support services are being offered and provided, consistent with their DDP designation, and that those supports are appropriate given the incarcerated person's current adaptive functioning.
   3. (3) Ensure work supervisors and school educators are aware of all the incarcerated person's adaptive support needs. A current list of the incarcerated person's adaptive supports is required to be kept in the work and education areas for all incarcerated persons in the DDP assigned to a work or education assignment. During the first two weeks of a work or school assignment, staff shall document on the CDCR Form 200-B (09/24), Developmental Disability Program Adaptive Support Log -- Work/School, which is located within SOMS and is incorporated by reference, any unusual occurrences, and also document that the adaptive support needs listed on the automated CDCR Form 200-B were provided to the incarcerated person in the DDP. If any unusual occurrences are observed after the first two weeks of a new assignment, staff shall submit a CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, incorporated by reference, to Mental Health Services.
   4. (4) Review the CDCR Form 128C-2 at the initial and annual classification committees for all incarcerated persons housed in a designated DDP building or unit, to identify whether the incarcerated person has any case factors, including predatory case factors as set forth in subsection 3269.5(f), that would require a different housing placement.

5. (e) If an incarcerated person's individual circumstances demonstrate they are unable to benefit from specific educational programming despite efforts to enable the incarcerated person's meaningful participation in educational programming, the incarcerated person will be considered for removal. The request can be made by the incarcerated person; educational, medical, or custody staff; or by a combination or all of these individuals.

   1. (1) Consistent with section 3040.3(b), the classification committee, with an Educational Administrator as a committee member, shall review any requests for removal from educational programming.
   2. (2) If removal from educational programming is approved, the Incarcerated Person Assignment Office shall un-assign an incarcerated person from the class and may reassign them to an appropriate alternate assignment or waitlist.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference Sections 3020, 5054 and 5068, 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 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).