1. (a) Incarcerated person misconduct reported on a RVR shall be classified serious if:

   1. (1) It is a serious disciplinary offense not specified as administrative in section 3314(a)(3), an offense punishable as a misdemeanor, whether or not prosecution in undertaken, or is a felony, whether or not prosecution is undertaken.

   2. (2) It involves any one or more of the following circumstances:

      1. (A) Use of force or violence against another person.
      2. (B) A breach of or hazard to facility security.
      3. (C) A serious disruption of facility operations.
      4. (D) The introduction, distribution, possession, or use of controlled substances, alcohol, or dangerous contraband.
      5. (E) An attempt or threat to commit any act listed in (A) through (D), coupled with a present ability to carry out the threat or attempt if not prevented from doing so.

   3. (3) Serious rule violations include but are not limited to:

      1. (A) Misconduct reportable to the incarcerated person's releasing authority.
      2. (B) Theft, embezzlement, destruction, or damage to another's personal property, rented or leased property, state funds, or state property.
      3. (C) Hideout, preparation to escape, or possession of escape paraphernalia.
      4. (D) Tattooing or possession of tattoo paraphernalia.
      5. (E) Manufacture of alcohol or possession of any controlled substance, unauthorized drug, intoxicant, or illegal substance.
      6. (F) Being under the influence or use of alcoholic beverages, controlled substances, unauthorized drugs or intoxicants in an institution, community correctional facility, or camp.
      7. (G) Possession of five dollars or more without authorization.
      8. (H) Acts of disobedience or disrespect which by reason of intensity or context create a potential for violence or mass disruptive conduct.
      9. (I) Willfully inciting others to commit an act of force or violence.
      10. (J) Refusal to perform work or participate in a program as ordered or assigned.
      11. (K) Recurring failure to meet work or program expectations within the incarcerated person's abilities when lesser disciplinary methods failed to correct the misconduct.
      12. (L) Participation in a strike or work stoppage.
      13. (M) A repeated pattern of administrative rule violations for the same offense.
      14. (N) Mail or visiting violations presenting a threat as described in (2) above.
      15. (O) Harassment of another person, group, or entity either directly or indirectly through the use of the mail or by any other means.
      16. (P) Throwing any liquid or solid substance on a non-incarcerated person.
      17. (Q) Unauthorized possession of departmental records or documents which could affect any incarcerated person's release status.
      18. (R) Refusal to submit to a test for controlled substances or alcohol.
      19. (S) Refusal to provide blood specimens, a saliva sample, and palm and thumb print impressions pursuant to Penal Code, Part 1, Title 9, Chapter 6, Articles 1 through 7 (sections 295 et seq.), after receiving written notification that such specimens and samples must be provided.
      20. (T) Participation in gambling.
      21. (U) Late return or failure to return from a temporary community release or leave.
      22. (V) Unauthorized possession of materials or substances which have been modified or altered from their original manufactured state or purpose with their potential to be made, or in the process of being made, into a weapon; explosive or explosive-making materials; poison, caustic substance; or any destructive device.
      23. (W) Self mutilation or attempted suicide for the purpose of manipulation.
      24. (X) Possession or constructive possession of any wireless communication device or any component thereof including, but not limited to, a Subscriber Identity Module (SIM) card, memory storage devices, batteries, wired or wireless headsets, or chargers, except as expressly authorized by the Secretary, pursuant to subsections 3190(l)(7) and 3190(m).
      25. (Y) Involvement in a conspiracy or attempt to do any of the above.
      26. (Z) Security Threat Group (STG) Directing or Controlling Behavior: Demonstrating activity, behavior or status as a recognized member and/or leader of an STG, which jeopardizes the safety of the public, staff or other incarcerated person(s), and/or the security and orderly operation of the institution.
      27. (AA) Security Threat Group (STG) Disruptive or Violent Behavior: Demonstrating involvement in activities or an event associated with a STG, which jeopardizes the safety of the public, staff or other incarcerated person(s), and/or the security and orderly operation of the institution.
      28. (BB) Violation of Indecent Exposure, Sexual Behavior, or Sexual Disorderly Conduct of sections 3007, 3323(d)(9), 3323(f)(4), and 3323(g)(7), including while using an authorized wireless communication device.
2. (b) In addition to the disciplinary hearing, the incarcerated person may be subject to restricted housing placement pursuant to sections 3312 and 3335 through 3349; and referral for prosecution when the misconduct is a criminal offense.
3. (c) Hearing. Serious rule violations shall be heard at the Senior Hearing Officer (SHO) or higher level. A SHO shall not be below the level of a captain, correctional counselor III, parole agent III, or an experienced correctional lieutenant, correctional counselor II, or parole agent II.

4. (d) An incarcerated person shall be assigned an employee to assist in the investigation of matters pertaining to a disciplinary action when the chief disciplinary officer or designee determines the necessity based on the following criteria.

   1. (1) Investigative Employee.

      1. (A) An investigative employee, as described in section 3318(a), shall be assigned when the staff designated to classify the serious rule violation determines that:

         1. 1. The complexity of the issues require further investigation.
         2. 2. The housing status makes it unlikely the charged incarcerated person can collect and present the evidence necessary for an adequate presentation of a defense.
         3. 3. A determination has been made that additional information is necessary for a fair hearing.
         4. 4. The behavior may present a nexus with a Security Threat Group.
      2. (B) The incarcerated person may choose to waive the assignment of an investigative employee as required by subsection (2) above. The incarcerated person's request to waive assistance of an investigative employee under this subsection will be indicated in the “waived by incarcerated person” checkbox on the RVR (formerly noted on the CDC Form 115-A and signed and dated by the incarcerated person. The classifying official may choose to un-assign the investigative employee based on the incarcerated person's signed waiver on the RVR.
      3. (C) Staff who witnessed or who will serve as a hearing official for a rule violation shall not serve as the investigative employee for that violation.
      4. (D) The incarcerated person may not select the investigative employee, but may object to the one assigned and provide, in writing to the classifying official, the reasons for the objection. The classifying official shall evaluate the incarcerated person's objection(s) and, if determined to be reasonable, assign an alternate investigative employee to complete the investigation. If the classifying official determines that the incarcerated person's objections are not reasonable, the original investigative employee shall complete the investigation. The incarcerated person's objection must be expressed prior to the beginning of the investigation. The classifying official shall document within an Informative Chrono their decision to deny or approve a request for an alternate investigative employee, and if denied, explain the reason(s) for denial. The Informative Chrono shall be included in the Rules Violation Report documents.
      5. (E) Assignment of an investigative employee shall not preclude the assignment of a staff assistant.

   2. (2) Staff Assistant.

      1. (A) The incarcerated person shall be assigned a staff assistant, as described in section 3318(b), to assist in the preparation, and presentation of a defense at the disciplinary hearing if the classifying official determines:

         1. 1. The incarcerated person is illiterate or non-English speaking.
         2. 2. The complexity of the issues are such that assistance is necessary so the incarcerated person comprehends the nature of the charges or the disciplinary process
         3. 3. The incarcerated person's disability is such that staff assistance would be necessary for the incarcerated person to participate in the disciplinary process.
      2. (B) At any point prior to the disciplinary hearing, if it is discovered that the incarcerated person may need a staff assistant, the classifying official or staff at an equal or higher rank, shall be advised in writing of the need, and if appropriate per section 3315(d)(2)(A), order the assignment of the staff assistant. If the need for staff assistance is discovered by the hearing official at the time of the disciplinary hearing, the hearing official shall postpone the hearing and order the assignment of the staff assistant. In either instance, the incarcerated person shall be provided at least a 24 hour time period to allow for preparation with the assigned staff assistant prior to participating in the disciplinary hearing.
      3. (C) An incarcerated person may refuse to accept the first staff assistant at the time of assignment or at any time during the disciplinary process.
      4. (D) If the incarcerated person refuses the staff assistant at the time of initial assignment, a second staff assistant shall be assigned.

      5. (E) If the incarcerated person refuses to accept the second staff assistant or withdraws acceptance of an assigned staff assistant, the assignment of another staff assistant shall not be required unless the chief disciplinary officer or designee determines that a fair hearing cannot be held without staff assistance.

         1. (1) Incarcerated person participants in the Mental Health Services Delivery System at the level of Enhanced Outpatient Program, Mental Health Crisis Bed, Department of State Hospitals, or Developmentally Disabled Program participants at the level of DD1-DD3, are ineligible to waive or refuse the assignment of a staff assistant. The staff assistant shall perform their required duties to the extent possible despite a waiver or refusal by the ineligible incarcerated person to cooperate.

      6. (F) Assignment of a staff assistant shall not preclude assignment of an investigative employee.

         1. (1) When an inmate has been assigned a staff assistant and an investigative employee, the staff assistant must be present during any questioning by the investigative employee.
         2. 1. When an incarcerated person has been assigned a staff assistant and an investigative employee, the staff assistant must be present during any questioning by the investigative employee.

5. (e) Witnesses. An incarcerated person may request that friendly and adverse witnesses attend the hearing.

   1. (1) Requested witnesses shall be called unless the official conducting the hearing denies the request for one of the following reasons:

      1. (A) The appearance would endanger the witness.
      2. (B) The official determines that the witness has no relevant or additional information.
      3. (C) The witness is unavailable.
   2. (2) If an incarcerated person's request for a witness is denied, the reasons shall be documented on the RVR.
   3. (3) Whether or not the incarcerated person requests a witness, witnesses may be called if the official conducting the hearing determines the witnesses may have information necessary to the finding of fact.
   4. (4) The reporting employee shall attend the disciplinary hearing or be available for questioning via speakerphone if requested by the incarcerated person.
   5. (5) Under the direction of the official conducting the disciplinary hearing, the incarcerated person has the right to ask questions of all witnesses called. The SHO will screen all questions to ensure they are relevant to the violation charged.
   6. (6) Nothing in this section shall preclude making a witness available by speaker phone for a disciplinary hearing.

6. (f) In addition to the California Code of Regulations Title 15, Division 3, section 3320(c)(1) criteria, prior to a disciplinary hearing for a serious Rules Violation Report (RVR), incarcerated persons shall have the opportunity to review non-confidential portions of audio or video recording(s) which are directly relevant to their serious RVR offense.

   1. (1) Audio or video recording(s) reviewed by an incarcerated person shall be considered as evidence and included in the disciplinary hearing process.
   2. (2) The SHO shall not deny an incarcerated person the ability to review non-confidential audio or video recording(s) unless it contains materials mentioned in subsection 3321(a). Denial of confidential portions of audio or video recordings will be disclosed on the automated Confidential Information Disclosure Form (Rev. 7/23) which is hereby incorporated by reference.
   3. (3) Incarcerated persons shall be allowed to review the audio or video recording(s) at least 24 hours prior to a serious disciplinary hearing, unless waived by the incarcerated person in accordance with Title 15, section 3320(c)(2).

7. (g) Disposition. Upon completion of the fact-finding portion of the disciplinary hearing, the incarcerated person may be found:

   1. (1) Not guilty and the charges dismissed.
   2. (2) Guilty of an administrative rather than a serious rule violation. In such case, the RVR shall be reduced to an administrative level offense and the incarcerated person may be assessed only a disposition authorized in section 3314.
   3. (3) Guilty as charged or guilty of an included serious rule violation and assessed a credit forfeiture pursuant to section 3323.

   4. (4) If the violation included an act related to the use, possession, or distribution of controlled substances, controlled medication, drugs or drug paraphernalia; or if the incarcerated person refused to submit to a test for controlled substances or drugs, the disposition shall include an order for the incarcerated person to submit to mandatory random drug testing for one year from the date of the order.

      1. (A) For the first offense, the incarcerated person shall be retested within 90 days.
      2. (B) For the second and all subsequent offenses, the incarcerated person shall be placed in the MRDT program, and must provide one random drug test every 90 days for one year. With each subsequent positive test result and guilty finding, the Senior Hearing Officer shall reset the mandatory testing period.
      3. (C) The incarcerated person shall be informed that refusal to submit to a random test or any positive test result during the mandatory random drug-testing period shall result in the issuance of a RVR and a new mandatory drug testing order.

   5. (5) The disposition may or when mandated shall include assessment of one or more of the following:

      1. (A) Any combination of penalties authorized for administrative rule violations in section 3314(e).

      2. (B) Suspension of privileges specified by the hearing official for no more than a 90-day period starting the date the rule violation report was adjudicated. The suspension of privileges for violations of subsections 3016(a), 3016(b), 3016(d), and 3290(d) shall be assessed as follows:

         1. 1. Thirty days for the first offense.
         2. 2. Sixty days for the second offense.
         3. 3. Ninety days for the third offense.
      3. (C) Placement into privilege group B or C for no more than a 90-day period starting from the date the rule violation report was adjudicated. Incarcerated persons placed into Privilege Group C as a result of a disciplinary action who are participating in the Mental Health Services Delivery System at the Enhanced Outpatient Program level of care or higher shall be referred to the Interdisciplinary Treatment Team by the hearing official by documenting the information on a CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono, as a routine referral for program review.

      4. (D) Disciplinary detention or confinement to quarters as provided in sections 3330 and 3333 for not more than a ten-day period. If facility security will not be jeopardized, the incarcerated person shall be released to attend work and program assignments.

         1. 1. Second offense violations of subsections 3016(a), 3016(b), 3016(d), and 3290(d) shall result in confinement to quarters for five days.
         2. 2. Third and all subsequent offense violations of subsections 3016(a), 3016(b), 3016(d), and 3290(d) shall result in confinement to quarters for 10 days.
      5. (E) Referral to a classification committee for consideration of placement in Work Group C.
      6. (F) Suspension of all or part of dispositions other than credit forfeitures, ordered random drug testing and classification committee referrals, for up to six months based on the incarcerated person's compliance with the conditions specified for suspension.
      7. (G) Imposition of all or part of an existing suspended disposition when the current rule violation is a violation of conditions specified in a suspended disposition. Imposition of a suspended disposition shall not include confinement to quarters or disciplinary detention for a period exceeding ten days except as provided in section 3322.

      8. (H) For a violation of subsection 3016(d), there shall be a loss of visits for one year to be followed by non-contact visits for two years. In addition, the following loss of family visiting (overnight) shall apply upon conclusion of the non-contact visiting restriction:

         1. 1. Loss of family visiting (overnight) program for three years for first offense.
         2. 2. Loss of family visiting (overnight) program for seven years for second offense.
         3. 3. Permanent exclusion from family visiting (overnight) program for third offense.

      9. (I) Loss of visits to be followed by non-contact visits for violations of subsection 3016(a), 3016(b) (with the exception of alcohol violations), or 3290(d) shall be as follows:

         1. 1. Loss of visits for 90 days, to be followed by non-contact visits for 90 days and loss of family visiting (overnight) program for one year upon conclusion of the non-contact restriction for the first offense.
         2. 2. Loss of visits for 90 days, to be followed by non-contact visits for 180 days and loss of family visiting (overnight) program for three years upon conclusion of the non-contact restriction for the second offense.
         3. 3. Loss of visits for 180 days, to be followed by non-contact visits for 180 days and loss of family visiting (overnight) program for five years upon conclusion of the non-contact restriction for the third offense.

      10. (J) Violation of subsections 3016(a), 3016(b), 3016(d), and 3290(d) shall result in:

          1. 1. For the first offense, the incarcerated person shall be required to attend Alcoholics Anonymous or Narcotics Anonymous, or be placed on a wait list to attend, along with loss of pay for 90 days from a paid work assignment.
          2. 2. For the second offense, the incarcerated person shall be referred for placement into the Cognitive Behavioral Interventions (CBI) Intensive Outpatient program, provided that program eligibility criteria are met, along with loss of pay for 180 days from a paid work assignment.
          3. 3. For the third and all subsequent offenses, the incarcerated person shall be referred for placement into the CBI Intensive Outpatient program, provided that program eligibility criteria are met, and mandatory treatment shall be a condition of parole. Additionally, the incarcerated person shall be referred for removal from a paid work assignment for one year.

      11. (K) Violation of Indecent Exposure, Sexual Behavior, or Sexual Disorderly Conduct of sections 3007, 3323(d)(9), 3323(f)(4), and 3323(g)(7), including while using an authorized wireless communication device, shall result in:

          1. 1. First offense violation(s) shall result in loss of any or all of the following for up to 90 calendar days: canteen, appliances, authorized wireless communication devices, incarcerated person packages, telephone privileges, and personal property.
          2. 2. Second offense and subsequent offense violation(s) shall result in loss of any or all of the following for up to 180 calendar days: canteen, appliances, authorized wireless communication devices, incarcerated person packages, telephone privileges, and personal property.
          3. 3. To request the reinstatement of any suspended privileges prior to the suspension timeframe, the incarcerated person shall be required to submit a grievance in accordance with section 3482 to the Institutional Office of Grievances. If the incarcerated person is not satisfied with the grievance decision, the grievance can be appealed to the Office of Appeals in accordance with section 3484. Factors for consideration to reinstate authorized wireless communication device use include the incarcerated person's disciplinary history since the restriction began, including any pending RVRs, and if reinstating device use would pose a risk of harm to the safety and security of incarcerated persons, or staff or other members of the public.

      12. (L) Incarcerated persons placed in Restricted Housing Units (RHU) or other restricted housing on Privilege Group D, who are deemed to be program failures, as defined in section 3000, based on conduct while in the RHU or other restricted housing, shall not possess personal entertainment appliances. An incarcerated person who is deemed a program failure by a classification committee is subject to having their personal property appliances stored by the institution pending removal of program failure designation. Incarcerated persons deemed a program failure who receive one or more additional Administrative or Serious Rules Violation Reports while assigned to program failure status shall be required to mail out, return, donate, or dispose of disallowed property in accordance with subsection 3191(c). Incarcerated persons who are not deemed to be program failures but who are found guilty of any RVR per this section, based on their conduct while in RHU or other restricted housing, are subject to temporary loss of their entertainment appliances as follows:

          1. 1. Thirty days for the first offense.
          2. 2. Sixty days for the second offense.
          3. 3. Ninety days for the third and subsequent offenses.

      13. (M) Violation of Refusing to Accept Assigned Housing of sections 3005(c) and 3269.1 shall result in:

          1. 1. First offense violation shall result in loss of any or all of the following for up to 90 days: canteen, appliances, incarcerated person packages, telephone privileges, and personal property.
          2. 2. Second offense and subsequent offense violation(s) shall result in loss of any or all of the following for up to 180 days: canteen, appliances, incarcerated person packages, telephone privileges, and personal property.

      14. (N) Violation of Refusing to Accept Assigned Housing of subsection 3005(c) shall result in:

          1. 1. First offense violation shall result in loss of any or all of the following for up to 90 days: canteen, appliances, incarcerated person packages, telephone privileges, and personal property.
          2. 2. Second offense and subsequent offense violation(s) shall result in loss of any or all of the following for up to 180 days: canteen, appliances, incarcerated person packages, telephone privileges, and personal property, and referral to a classification committee for review and determination for program failure. An incarcerated person who is deemed a program failure by a classification committee is subject to having their personal property/appliances stored by the institution pending removal of program failure designation.
      15. (O) Violation of subsection 3323(d)(8) shall result in a loss of visits for 180 days followed by non-contact visits permanently.

      16. (P) Violation of subsection 3323(f)(5) shall result in:

          1. 1. Loss of visits for 90 days, to be followed by non-contact visits for 90 days for the first offense.
          2. 2. Loss of visits for 90 days, to be followed by non-contact visits for 180 days for the second offense.
          3. 3. Loss of visits for 180 days, to be followed by non-contact visits permanently for the third offense.

      17. (Q) Violation of Subsection 3006(a) or 3006(c)(20) shall result in:

          1. 1. Loss of family visiting (overnight) program for one year for first offense.
          2. 2. Loss of family visiting (overnight) program for three years for second offense.
          3. 3. Loss of family visiting (overnight) program for five years for third offense.
8. (h) Classification Committee Review. Any serious disciplinary action requiring reconsideration of an incarcerated person's program, work group, or housing assignment, shall be referred to the next reasonably scheduled classification committee for review. This review shall not occur until the chief disciplinary officer's audit of the RVR has been concluded. The classification committee shall affirm or modify the incarcerated person's program, work group, or housing assignment.
9. (i) If the hearing official finds the incarcerated person guilty of a rule violation which includes a nexus to a STG, a copy of the completed Rules Violation Report shall be forwarded to the STG Lieutenant.
10. (j) The author of a Rules Violation Report may submit a CDCR Form 1027 (8/18), Audio-Video Surveillance System Evidence Request, which is incorporated by reference, to his or her supervisor to have any audio recordings, video recordings, or both forms of recordings related to the circumstances that gave rise to the rules violation preserved. Audio or video recordings preserved as part of a serious Rules Violation Report shall be reviewed by the Senior Hearing Officer during the hearing process.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 295, 295.1, 295.2, 296, 296.1, 296.2, 297, 298, 298.1, 298.2, 298.3, 299, 299.5, 299.6, 299.7, 300, 300.1, 300.2, 300.3, 314, 530, 532, 646.9, 647, 653, 2931, 2932, 2933, 4501.1, 4573.6, 4576, 5054 and 5068, Penal Code.

History

1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).

2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

3. New subsection (g) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).

4. Amendment of subsection (a)(3), renumbering of subsections (a)(16)-(a)(19) to (a)(18)-(a)(21) and new subsections (a)(16)-(a)(17) filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).

5. Amendment of subsections (a)(3), (b)(4) and (b)(5) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).

6. Amendment of subsection (d) filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).

7. Amendment of subsection (b)(1) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).

8. Amendment of subsection (a)(19) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).

9. Amendment of subsections (a), (b)(4), (f)(4) and repealer and new subsection (d) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).

10. Editorial correction of subsections (b) and (c) filed 2-19-85 (Register 85, No. 8).

11. Amendment of subsections (b), (c), (e) and (g) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.

12. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).

13. Amendment of subsections (b), (c), (e) and (g) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.

14. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-30-88; disapproved by OAL (Register 88, No. 24).

15. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.

16. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).

17. New subsection (a)(14), subsection renumbering, and amendment of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A Certificate of Compliance must be transmitted to OAL 11-26-93, or emergency language will be repealed by operation of law on the following day.

18. Certificate of Compliance as to 7-29-93 order transmitted to OAL 11-18-93 and filed 12-31-93 (Register 94, No. 1).

19. Amendment of section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).

20. Amendment of subsection (f)(4) filed 7-1-96 as an emergency; operative 7-1-96 (Register 96, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-8-96 or emergency language will be repealed by operation of law on the following day.

21. Certificate of Compliance as to 7-1-96 order transmitted to OAL 9-23-96 and filed 11-4-96 (Register 96, No. 45).

22. Change without regulatory effect amending subsection (f)(5)(A) filed 12-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 49).

23. Amendment of subsections (c), (f)(5)(D) and (g) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.

24. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).

25. Amendment filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,

26. Amendment of subsection (a)(3)(M) filed 12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.

27. Amendment refiled 2-3-99 as an emergency, including further amendment redesignating former subsections (f)(5)(I)(1)-(3) as subsections (f)(5)(I)1.-3.; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.

28. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and filed 6-4-99 (Register 99, No. 23).

29. Certificate of Compliance as to 2-3-99 order, including new subsection (f)(5)(H), subsection relettering and amendment of newly designated subsection (f)(5)(I), transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).

30. New subsection (a)(3)(S), subsection relettering and amendment of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.

31. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).

32. Amendment of subsection (a)(3)(S) filed 10-4-2002 as an emergency pursuant to a certificate of operational necessity under Penal Code section 5058.3; operative 10-4-2002 (Register 2002, No. 40). Pursuant to Penal Code section 5058.3, this filing is deemed an emergency and a Certificate of Compliance must be transmitted to OAL by 3-13-2003 or emergency language will be repealed by operation of law on the following day.

33. Certificate of Compliance as to 10-4-2002 order, including further amendment of subsection (a)(3)(S), transmitted to OAL 3-12-2003 and filed 4-8-2003 (Register 2003, No. 15).

34. Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and subsection relettering filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.

35. Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and subsection relettering refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.

36. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).

37. New subsections (f)(5)(L)-(f)(5)(L)2. and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.

38. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).

39. New subsections (f)(5)(M)-(f)(5)(M)2. filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).

40. New subsections (f)(5)(N)-(f)(5)(N)2. filed 3-18-2008 as an emergency; operative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2008 or emergency language will be repealed by operation of law on the following day.

41. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

42. Certificate of Compliance as to 3-18-2008 order transmitted to OAL 8-18-2008 and filed 9-15-2008 (Register 2008, No. 38).

43. New subsections (f)(5)(O)-(f)(5)(P)3. filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).

44. Editorial correction restoring placement of subsections (f)(5)(N)1.-2. (Register 2010, No. 15).

45. Amendment of subsections (a)(3)(B) and (f)(5)(K) filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).

46. New subsection (a)(3)(X) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.

47. Change without regulatory effect amending Note filed 3-8-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 10).

48. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).

49. Change without regulatory effect amending subsection (f)(5)(L)1. filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).

50. Amendment of subsections (f)(5)(K)(1)-(f)(5)(L), (f)(5)(L)(3), (f)(5)(M)1.-2. and (f)(5)(N)1.-2. filed 1-8-2014 as an emergency; operative 1-8-2014 (Register 2014, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2014 or emergency language will be repealed by operation of law on the following day.

51. Amendment of subsections (f)(5)(J)1.-3. filed 3-18-2014 as an emergency; operative 3-18-2014 (Register 2014, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2014 or emergency language will be repealed by operation of law on the following day.

52. Certificate of Compliance as to 1-8-2014 order transmitted to OAL 6-16-2014 and filed 7-22-2014 (Register 2014, No. 30).

53. Certificate of Compliance as to 3-18-2014 order transmitted to OAL 8-21-2014 and filed 9-18-2014 (Register 2014, No. 38).

54. New subsections (a)(3)(Z)-(AA), (d)(1)(A)4. and (h) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).

55. New subsection (i) filed 11-17-2015 as an emergency; operative 11-17-2015 (Register 2015, No. 47). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.

56. Amendment of subsections (f)(5)(J)2.-3. filed 3-29-2016 as an emergency; operative 3-29-2016 (Register 2016, No. 14). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-6-2016 or emergency language will be repealed by operation of law on the following day.

57. Reinstatement of section as it existed prior to 11-17-2015 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 22).

58. Amendment of subsections (a), (d) and (d)(1)(B), new subsections (d)(1)(B)1.-8., and amendment of subsections (d)(1)(D), (d)(2)(E)-(d)(2)(E)(1), (e)(2), (f)(2), (f)(4)(D) and (g) filed 6-2-2016 as an emergency; operative 6-2-2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.

59. Reinstatement of subsections (f)(5)(J)2.-3. as they existed prior to 3-29-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 37).

60. Certificate of Compliance as to 6-2-2016 order, including amendment of subsection (d), repealer of subsections (d)(1)(B)1.-8. and amendment of subsections (d)(2)(E)-(d)(2)(E)(1), transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective 12-22-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 52).

61. Amendment of subsections (f)(4)(A)-(C), repealer of subsection (f)(4)(D), amendment of subsections (f)(5)(B), (f)(5)(D)1.-2., (f)(5)(H) and (f)(5)(J)-(f)(5)(J)3. and amendment of Note filed 4-9-2018; operative 7-1-2018 (Register 2018, No. 15).

62. Amendment of subsections (f)(5)(H) and (f)(5)(I)1.-3. and new subsections (f)(5)(Q)-(f)(5)(Q)3. filed 1-15-2019; operative 1-15-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 3).

63. Change without regulatory effect amending subsections (f)(5)(K) and (f)(5)(P) filed 3-5-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 10).

64. New subsection (i) filed 2-5-2020; operative 4-1-2020 (Register 2020, No. 6).

65. Amendment of subsection (a)(3)(X) filed 7-23-2020 as an emergency; operative 7-23-2020 (Register 2020, No. 30). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-30-2020 or emergency language will be repealed by operation of law on the following day.

66. Emergency filed 7-23-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 4-30-2021 or emergency language will be repealed by operation of law on the following day.

67. Amendment of subsections (f)(5)(C), (f)(5)(L) and (f)(5)(N) filed 2-24-2021; operative 4-1-2021 (Register 2021, No. 9). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.)

68. Amendment of subsection (f)(5)(J)2.-3. filed 4-27-2021 as an emergency; operative 4-27-2021 (Register 2021, No. 18). Pursuant to Penal Code section 5058.3 and Executive Orders N-40-20 and N-71-20, a Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.

69. Amendment of subsection (a)(3)(X) refiled 4-27-2021 as an emergency; operative 4-30-2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 11-29-2021 or emergency language will be repealed by operation of law on the following day.

70. Editorial correction of History 68 (Register 2021, No. 36).

71. Certificate of Compliance as to 4-27-2021 order, including amendment of subsection (a)(3)(X), transmitted to OAL 11-29-2021 and filed 12-20-2021; amendments effective 12-20-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

72. Amendment of subsections (f)(5)(J)2.-3. refiled 2-1-2022 as an emergency; operative 2-1-2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.

73. Amendment of subsections (f)(5)(J)2.-3. refiled 5-2-2022 as an emergency; operative 5-3-2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.

74. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8-31-2022 (Register 2022, No. 35).

75. Amendment of subsections (b), (c) and (f)(5)(L) 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.

76. New subsections (f)-(f)(3), subsection relettering and amendment of newly designated subsection (g)(5)(N)2. filed 3-7-2024; operative 7-1-2024 (Register 2024, No. 10).

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

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

79. Amendment of subsections (a)(3)(B), (a)(3)(X) and (g)(5)(K)-(g)(5)(K)2. and new subsections (a)(3)(BB) and (g)(5)(K)3. filed 4-3-2026; operative 4-3-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 14).