1. (a) When the initial reason(s) for restricted housing has been resolved, but additional circumstances exist warranting continued restricted housing placement, a new automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, shall be immediately prepared and issued, clearly articulating the reasons for continued retention, in accordance with section 3335.

   1. (1) An automated RHUPN (Rev. 11/23) issued for purposes of retaining an incarcerated person in a Restricted Housing Unit shall not require an Administrative Review.
   2. (2) The official documenting retention shall ensure, and articulate on the automated RHUPN (Rev. 11/23) at the time of issuance, that all procedural safeguards have been provided, in accordance with subsections 3336(c)(1) through (3).
   3. (3) The ICC shall be the sole authority permitted to effect a placement decision under the provisions of this section.

2. (b) For retention purposes, the automated RHUPN (Rev. 11/23) shall include:

   1. (1) The current reason(s) for restricted housing, and any resolution of such placement.
   2. (2) The new reason(s) for retention in restricted housing in accordance with section 3335.
   3. (3) When necessary, the official issuing the automated RHUPN (Rev. 11/23) for restricted housing retention shall document the need for effective communication accommodation if any, as defined in section 3000, the provision of any assistance provided that is consistent with the incarcerated person's disability or communication need, and the method staff used to determine the incarcerated person understood.
3. (c) ICC hearings on automated RHUPN (Rev. 11/23) retaining incarcerated persons in restricted housing shall be in accordance with section 3340.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.

History

1. Amendment of subsection (a) 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 6-1-2015 order, including further amendment of subsection (a), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective 12-3-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).

3. Renumbering of former section 3342 to section 3347 and renumbering and amendment of former section 3338 to section 3342 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.

4. Renumbering of former section 3342 to section 3347 and renumbering and amendment of former section 3338 to section 3342 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.

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

6. Certificate of Compliance as to 4-8-2024 order, including further 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).