1. (a) A suspended Restricted Housing Unit (RHU) term may be re-imposed if an incarcerated person is placed in restricted housing immediately following a Rules Violation Report (RVR) for serious misconduct that occurred prior to the expiration of a previously established Restricted Housing Unit Maximum Release Date (RHU MRD). In this circumstance, the incarcerated person must be found guilty of the serious misconduct and the Institution Classification Committee (ICC) shall determine that the incarcerated person poses a threat to the safety of any person or to the security of the institution. RHU terms re-imposed based on subsequent serious misconduct shall be effective the date of the misconduct. RHU terms suspended based solely on the need for inpatient medical or mental health treatment may be re-imposed without subsequent misconduct if the incarcerated person continues to pose a threat to the safety of others or the security of the institution.

   1. (1) If the RHU term is re-imposed, the ICC shall record the decision and the reasons for the decision on the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference. If multiple RHU terms are eligible for re-imposition, the RHU term with the most distant RHU MRD need only be addressed. In this circumstance, any remaining RHU terms with unexpired RHU MRDs shall be considered re-imposed.
   2. (2) Upon a guilty finding of subsequent serious misconduct, the ICC may elect to re-impose the current unexpired RHU MRD.

2. (b) If an incarcerated person paroles with an active Determinate RHU term and subsequently returns to CDCR custody under the same CDCR number, ICC shall evaluate the Determinate RHU term for re-imposition. Re-imposed Determinate RHU terms shall be calculated utilizing the automated RHU Term Computation Form (Rev. 11/23), which is incorporated by reference. Any unexpired RHU term shall be recalculated and addressed by ICC. If multiple CSR-approved RHU terms are eligible for re-imposition, the RHU term with the most distant RHU MRD need only be addressed. In this circumstance, any remaining RHU terms with unexpired RHU MRDs shall be considered re-imposed. ICC retains the authority to impose or suspend any remaining time based upon the safety of persons or security of the institution.

   1. (1) If re-imposed, the RHU term shall not exceed the period of time remaining on the original RHU term at the time of parole.
   2. (2) Re-imposition of the RHU term following return to custody shall be documented on the appropriate automated Classification Committee Chrono (Rev. 05/19).
   3. (3) RHU terms reassessed under the provisions of this subsection shall be audited and approved by a CSR.

3. (c) An incarcerated person who paroles with an active Administrative RHU term and subsequently returns to CDCR custody under the same or a new CDCR number shall be addressed as follows:

   1. (1) An incarcerated person who previously paroled with MAX custody and is returned to CDCR's custody shall be placed in RHU and afforded all procedural safeguards for restricted housing incarcerated persons. ICC shall determine if the criteria for placement on Administrative RHU status in accordance with section 3339 are met, and if so, then the incarcerated person shall be referred to the DRB.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 314, 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; Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995); 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 subsections (a), (b) and (c)-(c)(1) 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, including amendment of subsections (a)(1), (b) and (b)(2), 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).