Cal. Code Regs. tit. 15, § 3317.2 – Behaviors Related to Mental Illness or Developmental Disability/Cognitive or Adaptive Functioning Deficits Excluded from Rules Violation Reports.

(a) Incarcerated persons shall not be issued a Rules Violation Report for behavior that constitutes a Rule Violation under the circumstances described in subsections (1)-(4) below.
1. (1) The behavior occurred in connection with a cell extraction for the administration of involuntary medication, as defined in Penal Code Section 2602, or involuntary medical treatment, as defined in Probate Code section 3200, et seq.
2. (2) The behavior occurred in connection with a cell extraction for transfer of the incarcerated person to a mental health inpatient unit or between mental health inpatient units.
3. (3) The behavior occurred in connection with being placed in mental health restraints and/or seclusion.
4. (4) The behavior is determined to be an act of self-mutilation or attempted suicide.
(b) The incarcerated person's conduct shall be documented on a CDC Form 128-B for inclusion in the incarcerated person's central file.
(c) If the incarcerated person commits a Serious Rules Violation pursuant to Section 3315 while participating in the behavior noted above, which constitutes a Division A-1 offense as defined in Section 3323, subsection (b), an assault or battery as defined in Section 3323, subsections (d)(1), (d)(2), and (d)(3), or an assault on a peace officer or non-incarcerated person as defined in Section 3323, subsections (f)(11) and (f)(12), a Rules Violation Report shall be completed and processed in accordance in accordance with this Article.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

History

1. New section 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 11-17-2015 order transmitted to OAL 4-20-2016 and filed 5-24-2016 (Register 2016, No. 22).

3. Amendment of subsection (c) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-2-2016 order transmitted to OAL 11-7-2016 and filed 12-22-2016 (Register 2016, No. 52).

5. Change without regulatory effect amending subsections (a), (a)(2) and (b)-(c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).