1. (a) Nothing in this section shall preclude staff from making informed and sound custody and classification decisions, especially when there may be circumstances that may place an incarcerated person in the Developmental Disability Program (DDP) at risk.
2. (b) Incarcerated persons in the DDP shall be referred to a Classification and Parole Representative (C&PR) or Classification Staff Representative (CSR) for review and endorsement to a designated DDP institution or facility appropriate for the incarcerated person's DDP designation (e.g., DD1, DD2, or DD3, as specified in section 3369.7), within 14 working days of designation or change in case factors, including change in DDP designation.
3. (c) If an incarcerated person's DDP designation changes, the Mental Health Clinician that performed the incarcerated person's assessment shall update the incarcerated person's identified adaptive supports, as applicable, and the incarcerated person shall be referred to the C&PR or CSR for review and endorsement to a designated DDP institution or facility appropriate for the incarcerated person's new DDP designation. Incarcerated persons with predatory case factors, as explained in section 3269.5(f), shall not be housed in DDP-designated housing areas unless the minimum exclusionary periods identified in subsection 3269.5(h) have been met. Predatory case factors, as referenced for incarcerated persons in the DDP, are factors that may place an incarcerated person in the DDP at risk of injury or other serious harm if housed with an incarcerated person with a history of predatory behavior, including manipulative behavior against an individual with a disability, especially when this behavior occurred while in custody.
4. (d) Custody or classification staff shall screen all incarcerated persons prior to being housed in a DDP-designated housing unit. During the intake process at receiving institutions, prior to housing incarcerated persons, custody staff are required to screen all incarcerated persons for single-cell status and compatibility as part of the Initial Housing Review (IHR). Classification staff shall review the IHR for single-cell status and housing restrictions during initial classification.
5. (e) In specialized housing areas (e.g., Restricted Housing Units, Enhanced Outpatient Program (EOP), Correctional Treatment Center (CTC), or Reception Centers), custody or classification staff shall screen potential incarcerated persons that may be considered for sharing a living area with an incarcerated person in the DDP. Incarcerated persons with predatory case factors that have not met the established minimum exclusionary period outlined in subsection 3269.5(h), shall not be housed with incarcerated persons in the DDP with victimization concerns.

6. (f) Bed Assignments. The existence of predatory case factors precludes an incarcerated person from being assigned to DDP-designated housing areas unless they have met the minimum exclusionary periods identified in subsection 3269.5(h). The following are predatory case factors that preclude an incarcerated person from being assigned to DDP-designated housing areas unless minimum exclusionary periods have been met:

   1. (1) Found guilty of an in-custody sexual offense, or an attempt of an in-custody sexual offense.
   2. (2) New commitments with documented incident(s) of sexual offenses against individuals with a disability.
   3. (3) Single-cell status due to in-cell violence.

   4. (4) Documented in-custody conduct that demonstrates victimizing or manipulative behavior against an individual with a disability, including when an incarcerated person is found guilty of a Rules Violation Report (RVR) for any of the following charges against a person with a disability:

      1. (A) Battery.
      2. (B) Assault.
      3. (C) Criminal Threats.
      4. (D) Extortion.
      5. (E) Stalking.
      6. (F) Theft.
7. (g) Additional exclusionary factors for housing incarcerated persons in DDP housing may be determined on a case-by-case basis if the classification committee identifies predatory case factors not listed in subsection 3269.5(f), but which meet the definition of predatory case factors in subsection 3269.5(c).

8. (h) The following chart provides the minimum exclusionary periods for predatory factors that are to be considered when housing other incarcerated persons with an incarcerated person in the DDP:

   Predatory Case Factor

   Minimum Exclusionary Period

   Found guilty of an in-custody sexual offense, or an attempt (e.g., rape, forcible sodomy, oral copulation, sexual battery with aggravating factors, etc.).

   Permanently excluded from DDP-designated housing and housing with an incarcerated person in the DDP.

   New commitments to CDCR with documented incident(s) of sexual offenses against individuals with a physical, mental, or developmental disability.

   Excluded from DDP-designated housing and housing with an incarcerated person in the DDP for five years from date of reception to CDCR.

   Single-cell status due to in-cell violence.

   Must be double-celled during the previous two years without in-cell violence.

   Documented in-custody conduct (e.g., substantiated information in confidential C-File) that demonstrates victimizing or manipulative behavior against an individual with a physical, mental, or developmental disability, including when an incarcerated person is found guilty of an RVR for any of the following offenses against a person with a disability:

   Three years has passed from most recent date of documentation.

   Staff should use discretion and sound correctional judgement when determining appropriate housing for incarcerated persons in the DDP. Each decision made on the basis of this exclusionary factor shall be evaluated on a case-by-case basis. An incarcerated person may have committed one of the listed offenses, but it may have not been against an individual with a disability, or the circumstances surrounding the violation may lead the reviewer to believe the offense was not predatory in nature.

   • Battery

   • Assault

   • Criminal Threats

   • Extorting

   • Stalking

   • Theft

9. (i) Incarcerated persons, including those in the DDP, who have any of the identified predatory case factors specified in subsection 3269.5(f), and who have not met the established exclusionary period in subsection 3269.5(h), shall not:

   1. (1) Be housed in a designated DDP building, unit, or wing.
   2. (2) Share a non-DDP designated cell, bay, wing, or pod in a dorm with an incarcerated person in the DDP that has victimization noted on their automated CDCR Form 128C-2 (Rev. 09/24), Developmental Disability Program Adaptive Supports Screening Results (Adaptive Support Form), located in SOMS, which is incorporated by reference.
10. (j) Incarcerated persons in the DDP with any of the above-mentioned predatory case factors specified in subsection 3269.5(f) who have not met the established exclusionary period in subsection 3269.5(h), and who also have victimization concerns noted on their Adaptive Support Form can be housed in a non-designated DDP building, but cannot share a cell, bay, wing, or pod in a dorm with another incarcerated person in the DDP with victimization noted on their Adaptive Support Form, or with any incarcerated person who has predatory case factors that have not met the established exclusionary period in subsection 3269.5(h).
11. (k) An incarcerated person in the DDP with any of the existing predatory case factors specified in subsection 3269.5(f) who has not met the established exclusionary period in subsection 3269.5(h), shall be excluded from housing with incarcerated persons in the DDP who are prone to victimization.

12. (l) Custody staff, when reviewing double-celling eligibility, shall conduct an assessment to determine if the incarcerated person meets any of the predatory criteria, as specified in subsection 3269.5(f).

    1. (1) Assessments to determine the existence of predatory factors shall include, but not be limited to, review of the following documents: CDC Form 128-B, General Chrono (Rev. 04/74), incorporated by reference; Classification Committee Notes; CDC Form 804 (08/00), Notice of Pending CDC-115, incorporated by reference; Rules Violation Reports (RVRs); Initial Housing Reviews; Confidential Files; and the Probation Officer's Report.

    2. (2) Custody staff shall document their double-celling determination by noting either of the following in the comments section of the automated Classification Committee Chrono (Rev. 05/19), incorporated by reference, and the Initial Housing Review:

       1. (A) Approved to cell with incarcerated persons in the DDP.
       2. (B) Not approved to cell with incarcerated persons in the DDP.
13. (m) Incarcerated persons in the DDP shall be housed in designated DDP housing facilities or areas unless overriding medical, mental health, or predatory case factors exist. These factors take precedence over placement in a DDP designated setting. Separate designated DDP housing areas are not required for incarcerated persons housed in medical or mental health settings, as long as the predatory case factors referenced in subsection 3269.5(f) have been reviewed, and the minimum exclusionary periods referenced in subsection 3269.5(h) have been met. Once the overriding case factors have been addressed and the incarcerated person in the DDP no longer requires housing in a specialized setting, the incarcerated person shall be endorsed and transferred to a DDP designated institution or facility, as described in subsection 3269.5(b).
14. (n) Incarcerated persons in the DDP shall be provided required adaptive support services while housed at a non-DDP-designated housing area due to medical, mental health, or predatory case factors.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Quine v. Beard, No. C 14-02726 JST, Clark v. California 123 F. 3d 1267 (9th Cir. 1997), Clark v. California (2002) USDC-ND (No. C-96-1486-CRB).

History

1. New section filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).