1. (a) The General Population Restricted Housing Unit (GP RHU) provides secure housing and care for incarcerated persons who are not included in the Mental Health Services Delivery System, but who require placement in restricted housing pursuant to section 3335.
2. (b) Incarcerated persons assigned to a GP RHU shall be classified pursuant to section 3340. Incarcerated persons assigned to a GP RHU with an imposed RHU term shall be classified pursuant to section 3341.

3. (c) Incarcerated persons housed at Calipatria State Prison, Centinela State Prison, Chuckawalla Valley State Prison, or Ironwood State Prison, whose Mental Health Level of Care (MHLOC) changes require inclusion in the MHSDS at the CCCMS or EOP level of care, shall be transferred to an appropriate MHSDS RHU within 14 calendar days of the date their MHLOC change was reflected in the electronic health records system. If the incarcerated person was included in the MHSDS at the time of their arrival at one of the above institutions, the incarcerated person shall be transferred within 72 hours from the date of arrival.

   1. (1) An exception to the 14-day or 72-hour requirement is allowed, and time constraints suspended, in the following circumstances:

      1. (A) Healthcare staff determines, based on medical necessity, that a transfer cannot occur and places a medical hold.
      2. (B) During a delay resulting from the incarcerated person's refusal to transfer.
      3. (C) The incarcerated person is out-to-court.
      4. (D) The incarcerated person is placed in a Mental Health Crisis Bed or higher level of care.
   2. (2) Upon resolution of the exception, the time constraints will resume.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 5054 and 5068, Penal Code; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146, 1278; Coleman v. Wilson, 912 F.Supp. 1282 (E.D. Cal. 1995); Clark v. California, 123 F.3d 1267 (9th Cir. 1997); Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).

History

1. New section 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.

2. New section 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.

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

4. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7-31-2024 (Register 2024, No. 31).