1. (a) Restricted Housing Status Reviews. The Institution Classification Committee (ICC) shall conduct all classification hearings of restricted housing status incarcerated persons except as detailed in subsection 3376(d)(5).

2. (b) Incarcerated persons on an imposed Determinate RHU term shall be reviewed by the ICC no less frequently than every 180 days following their initial RHU annual review, or sooner as directed by a Classification Staff Representative for release consideration.

   1. (1) The purpose of the review is to evaluate the incarcerated person's case factors to determine if RHU continues to be the most appropriate and least restrictive placement option commensurate with any existing threat to safety and security of the institution and/or others.
   2. (2) The ICC review shall include, but not be limited to, the availability of appropriate alternative housing, demonstrated evidence of behavioral change and expressed willingness to conform to CDCR rules.
3. (c) Any incarcerated person expected to be retained on RHU status beyond 360 days shall be provided an automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, documenting the RHU annual review, which shall be issued in accordance with section 3342, prior to the incarcerated person's RHU annual review.
4. (d) An incarcerated person shall not be retained in RHU beyond the expiration of an imposed Determinate RHU term or beyond 360 days with an unexpired RHU Maximum Release Date (RHU MRD), unless the ICC has determined that retention in the RHU is required.

5. (e) A validated Security Threat Group (STG) I incarcerated person who is requesting to debrief from their STG shall be considered for release from a RHU as follows:

   1. (1) If serving an Administrative RHU term and DRB did not maintain transfer control, the incarcerated person shall be referred to ICC for transfer consideration to the Debrief Processing Unit (DPU) in accordance with section 3378.5.
   2. (2) If serving an Administrative RHU term and DRB maintained transfer control, the incarcerated person shall be referred to DRB for transfer consideration to the DPU in accordance with section 3378.5.
   3. (3) If serving an imposed Determinate RHU term, the incarcerated person shall be retained in RHU. The debrief process will continue and upon resolution of the Determinate RHU term, the incarcerated person shall be referred to the ICC for transfer consideration to the DPU in accordance with section 3378.5.

6. (f) Pre-RHU MRD Hearing. A Pre-RHU MRD hearing shall be held by ICC 90 days prior to the expiration of the controlling RHU MRD. The ICC review shall include, but not be limited to, the availability of appropriate alternative housing, demonstrated evidence of behavioral change, and expressed willingness to conform to CDCR rules, as well as determination of the housing and program assignment following completion of the RHU term, or sooner, if appropriate.

   1. (1) If before the Pre-RHU MRD hearing there is any indication the incarcerated person may be retained in restricted housing beyond the RHU MRD for reasons specified in section 3335, the incarcerated person shall be issued an automated RHUPN (Rev. 11/23) in accordance with section 3342.
   2. (2) If ICC retains the incarcerated person in restricted housing beyond the expiration of the RHU MRD, future classification hearings shall be conducted in accordance with section 3340.
7. (g) RHU classification decisions, including notification of the reasons for a classification hearing, RHU term assessment, housing restrictions, and yard assignment shall be documented on the automated Classification Committee Chrono (Rev. 03/26), with a copy provided to the incarcerated person.

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; Castillo v. Alameida, et al., (N.D. Cal., No.C94-2847); Coleman v. Wilson, 912 F.Supp. 1282 (E.D. Cal. 1995); and Clark v. California, 123 F.3d 1267 (9th Cir. 1997).

History

1. Editorial correction removing extraneous text (Register 97, No. 5).

2. Change without regulatory effect amending section filed 1-29-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 5).

3. 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. Amendment of subsections (a)-(c) and new subsection (e) filed 10-9-2017 as an emergency; operative 10-9-2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.

6. Amendment of subsections (a)-(c) and new subsection (e) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10-3-2018 (Register 2018, No. 40).

8. 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.

9. 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.

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

11. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (b)(2), (d), (f)(3), (g)(1) and (h) and amendment of Note, 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).

12. Repealer of subsections (b) -(b)(2), subsection relettering and amendment of newly designated subsection (g) 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.