1. (a) Non-Designated Programming Facility (NDPF). NDPF houses incarcerated persons who demonstrate positive behavior and a willingness to participate in rehabilitative programs and conform to departmental policies, free from Security Threat Group (STG) influence and behavior.

2. (b) An incarcerated person shall be excluded or removed from NDPF placement in accordance with either of the following criteria:

   1. (1) The incarcerated person was found guilty and assessed a Restricted Housing Unit (RHU) term pursuant to subsection 3337(g)(1)-(3), or any RHU-related offense pursuant to subsection 3337(g) with an STG nexus.

      1. (A) An incarcerated person shall be evaluated or re-evaluated for NDPF twelve months after the Restricted Housing Unit Maximum Release Date (RHU MRD), or the date the Institution Classification Committee (ICC) elected to suspend the remainder of the RHU MRD, during the incarcerated person's first annual classification committee review, and annually thereafter.

   2. (2) The incarcerated person was found guilty of a serious Rules Violation Report (RVR) related to documented or referenced STG behavior.

      1. (A) An incarcerated person shall be re-evaluated for NDPF twelve months after the date of the RVR, during the incarcerated person's first annual classification committee review, and annually thereafter.
3. (c) A classification committee may temporarily exclude or remove an incarcerated person from NDPF for 12 months from the date the projected RHU term expires or the date ICC elected to release the incarcerated person from restricted housing, when the incarcerated person has elected to postpone the disciplinary hearing of an RVR that qualifies as exclusionary criteria as delineated in subsection 3269.4(b)(1).

4. (d) An ICC may review and approve an incarcerated person to NDPF or return to NDPF at any time during the twelve-month period described within these regulations, when an ICC determines the incarcerated person does not pose an unreasonable threat to the safety and security of the NDPF.

   1. (1) Only the Warden or their designee shall have the discretion to grant the ICC review.
   2. (2) The Warden or their designee's familiarity with the case may result in the decision to review the case or it may be based on the recommendation of institutional staff.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

History

1. New section filed 11-14-2022; operative 11-14-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).

2. Amendment of subsections (b)(1)-(b)(1)(A) and (c) 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.

3. Amendment of subsections (b)(1)-(b)(1)(A) and (c) refiled 4-8-2024 as an emergency; operative 4-11-2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.

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

5. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (c), 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).