1. (a) Polygraph examinations may be administered by departmental staff to incarcerated persons, supervised persons, and employees in the course of an investigation of official matters, under the following conditions:

   1. (1) The examinee has, without coercion, signed a written statement of consent to the examination.
   2. (2) The polygraph examiner is a Office of Correctional Safety staff member.
   3. (3) The Assistant Secretary or designee, Office of Correctional Safety, has approved the examination.
2. (b) Polygraph examinations shall not be used as an alternative to regulatory requirements for determining a person's guilt or innocence of charges in disciplinary matters.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 3307, Government Code; Section 5054, Penal Code; and Long Beach City Employee's Association v. City of Long Beach (1986) 41 Cal.3rd 937, 227 Cal.Rptr. 90.

History

1. New section filed 2-27-89; operative 3-29-89 (Register 89, No. 10).

2. Change without regulatory effect of subsections (a) and (b) pursuant to section 100, title 1, California Code of Regulations filed 2-21-90 (Register 90, No. 11).

3. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).

4. Change without regulatory effect amending subsections (a)(2) and (a)(3) filed 4-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 16).

5. Amendment of section heading and new subsections (c)-(d) filed 1-24-2023; operative 4-1-2023 (Register 2023, No. 4).

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

7. Amendment of section heading and repealer of subsections (c)-(d) filed 1-8-2025; operative 4-1-2025 (Register 2025, No. 2).