1. (a) In accordance with section 3379(b), incarcerated persons in the Developmental Disability Program (DDP) shall be processed and transferred to the endorsed institution or facility no more than 60 calendar days from the date they are received at the Reception Center (RC), unless the incarcerated person is detained due to non-developmental disability related circumstances preventing the incarcerated person's transfer to another institution. Non-developmental disability related circumstances include, but are not limited to: medical necessity, court appearances, pending disciplinary proceedings, and no documented in-level bed availability system-wide. Incarcerated persons in the DDP awaiting transfer to the endorsed institution or facility shall be provided adaptive support services, as identified on the incarcerated person's automated CDCR Form 200-A (09/24), Developmental Disability Program Adaptive Support Log -- Housing Unit, which is incorporated by reference, and located within SOMS.

2. (b) Privileges.

   1. (1) Incarcerated persons in the DDP who remain at a RC for more than 60 calendar days are entitled to privileges that are available to incarcerated persons at general population institutions, as outlined in section 3044(d), Privilege Group A.
   2. (2) When the Correctional Counselor (CC) III or Classification and Parole Representative (C&PR) responsible for tracking incarcerated persons in the DDP determines that an incarcerated person in the DDP will exceed 60 calendar days in a RC, the incarcerated person's case shall be presented to a classification committee on or before the 61^st calendar day to determine if the incarcerated person is entitled to extended stay privileges, consistent with section 3044(b)(8)(G).
   3. (3) The committee's decision shall be documented in the automated Classification Committee Chrono (Rev. 05/19), incorporated by reference, and the appropriate custody staff shall be notified to ensure privileges are provided as required.
   4. (4) If a classification committee denies extended stay privileges, the incarcerated person in the DDP shall be returned to the classification committee every 30 calendar days thereafter to re-evaluate their case for extended stay privilege eligibility.

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).