1. (a) Notwithstanding section 3335, an incarcerated person may be assessed an Administrative Restricted Housing Unit (RHU) term by the Institution Classification Committee (ICC) for up to 24 months) when the ICC articulates a substantial justification for the basis for placement on an Administrative RHU term on the automated Classification Committee Chrono (Rev. 03/26), incorporated by reference, and the need for continued RHU placement due to the incarcerated person's ongoing threat to safety and security of the institution or others, and the incarcerated person cannot be housed in a less-restrictive environment, and when the following circumstances exist:

   1. (1) Upon completion of a projected or imposed Determinate RHU term, the ICC determines the incarcerated person's case factors are such that overwhelming evidence exists supporting an immediate threat to the security of the institution or the safety of others if housed in a less restrictive setting.
   2. (2) The incarcerated person has a disciplinary history within the past five (5) years consisting of act(s) of in-custody violence for an incident(s) classified as a Division A-1 or A-2 offense, as referenced in subsections 3323(b) through 3323(c). Documented equivalent Division A-1 or A-2 offenses committed in the custody of another jurisdiction shall be considered by the ICC when determining the need for imposition of an Administrative RHU term.
2. (b) A Classification Staff Representative shall approve any Administrative RHU term assessed by the ICC.

3. (c) Incarcerated persons placed on an Administrative RHU term by the ICC, shall be reviewed by an ICC for release consideration to less-restrictive housing no less frequently than every 180 days following their initial Administrative RHU term placement.

   1. (1) The ICC shall conduct an assessment of the incarcerated person's disciplinary behavior, evidence of behavioral change, and expressed willingness to conform to CDCR rules.
   2. (2) If retained on an Administrative RHU term, the ICC shall articulate on the automated Classification Committee Chrono (Rev. 03/26) the basis for continued retention on an Administrative RHU term in accordance with subsections 3339(a) through 3339(a)(2).

4. (d) The Departmental Review Board (DRB) may retain an incarcerated person on an Administrative RHU term beyond 24 months when the incarcerated person is currently serving an Administrative RHU term that was imposed by the ICC and:

   1. (1) The DRB finds that the incarcerated person poses an immediate threat to the safety of any person or the security of the institution and overwhelming evidence demonstrates that the incarcerated person has committed an offense while in RHU, as enumerated under section 3337(g), or:
   2. (2) The DRB has determined that continued placement in RHU remains necessary, as no viable, less restrictive housing options are available given the elevated risk of violence posed by the incarcerated person based on an offense committed while in RHU, as enumerated under section 3337(g).
5. (e) If an incarcerated person is retained on an Administrative RHU term beyond 24 months, the DRB shall articulate on the automated Classification Committee Chrono (Rev. 03/26) the basis for continued retention on an Administrative RHU term in accordance with subsections 3339(d) through 3339(d)(2).

6. (f) Incarcerated persons retained on an Administrative RHU term by the DRB, shall be reviewed by the ICC for release consideration to less-restrictive housing at intervals no less frequently than every 180 days, as referenced in subsection 3339(c).

   1. (1) If deemed appropriate for release considerations, the ICC shall refer the incarcerated person to the DRB for removal consideration.

7. (g) Incarcerated persons retained on an Administrative RHU term by the DRB shall be referred by an ICC to the DRB on an annual basis, beginning from when the incarcerated person was initially placed on an Administrative RHU term by the DRB.

   1. (1) After referral from the ICC, the DRB shall determine if continued placement in RHU remains necessary as referenced in subsections 3339(d) through 3339(d)(2).
   2. (2) If retained on an Administrative RHU term pursuant to subsection 3339(g)(1), the DRB shall articulate on the automated Classification Committee Chrono (Rev. 03/26) the basis for continued retention on an Administrative RHU term in accordance with subsections 3339(d) through 3339(d)(2).

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933.6, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; 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. Repealer and new section filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).

2 Editorial correction of printing error in subsection (b)(2) (Register 92, No. 5).

3. Amendment of section heading and repealer and new section filed 6-1-2015 as an emergency; operative 6-1-2015 (Register 2015, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12-3-2015 (Register 2015, No. 49).

5. Repealer and 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.

6. Repealer and 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.

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

8. Certificate of Compliance as to 4-8-2024 order, including amendment of section, 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).

9. Amendment of subsections (a)-(a)(2), redesignation and amendment of subsection (a)(3) as subsection (b) and new subsections (c)-(g)(2) filed 4-30-2026 as an emergency; operative 5-1-2026 (Register 2026, No. 18). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 10-08-2026 or emergency language will be repealed by operation of law on the following day.