(a) With the exception of subsection 3369.6(a)(1), CDCR shall screen all incarcerated persons at a Reception Center for potential inclusion into the Developmental Disability Program (DDP) and house incarcerated persons in a manner that addresses their safety and security needs. The automated CDCR Form 200-A (09/24), Developmental Disability Program Adaptive Support Log -- Housing Unit, located within SOMS and incorporated by reference, with a photograph of the incarcerated person identified in the DDP, shall be maintained by custody staff in a secure location.
- (1) CDCR will not screen any condemned incarcerated person (those serving a death sentence) for potential inclusion into the DDP when a CDCR Form 0201 (02/25), Condemned Incarcerated Persons -- Waiver of Developmental Disability Program Screening and Inclusion, incorporated by reference, signed by both the incarcerated person and the California Appellate Project or designated conflict assisting counsel, has been received by CDCR within 30 calendar days of the incarcerated person's arrival at a Reception Center.
- (2) Existing waivers that are already in place prior to the adoption of section 3369.6(a)(1) will continue to be honored.
- (3) If at any time the condemned incarcerated person with the waiver of DDP screening is no longer condemned, or serving a death sentence, or their death sentence has been overturned or commuted and their sentence is not subject to further appeals, the DDP waiver is no longer valid and CDCR shall screen the incarcerated person pursuant to subsection 3369.6(a).
- (4) Before initiating DDP screening of any condemned or formerly condemned incarcerated person, staff shall confirm with the department's Office of Legal Affairs that DDP screening is appropriate.
- (b) If an incarcerated person previously designated NCF, NDD, DD1, DD2, or DD3 returns to CDCR, they shall be re-screened for DDP inclusion.
- (c) Within 30 calendar days of arrival at a designated DDP institution or facility, incarcerated persons in the DDP shall be provided orientation by designated staff, consistent with section 3002 and as prescribed by local operating procedures.
- (d) The orientation process shall be documented on a CDC Form 128-B (Rev. 04/74), General Chrono, incorporated by reference, and retained in the incarcerated person's central file.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Clark v California (2002) USDC-ND (No. C-96-1486-CRB).
History
1. New section filed 6-3-2025; operative 10-1-2025 (Register 2025, No. 23).