1. (a) Right to submit claim alleging staff misconduct toward an incarcerated or supervised person.

   1. (1) The provisions of this Article shall apply to all allegations of staff misconduct received by the Department of Corrections and Rehabilitation (department) on or after January 22, 2026.
   2. (2) Any person can submit a claim alleging staff misconduct toward an incarcerated or supervised person when they believe departmental staff have engaged in behavior that results in a violation of law, regulation, policy, or procedure; or to actions contrary to an ethical or professional standard.
   3. (3) Staff shall not retaliate against a claimant or witness for submitting a claim or reporting an allegation of staff misconduct.
   4. (4) As provided in this Article, and Article 2 of Subchapter 5, the department shall ensure all claims of staff misconduct are properly documented consistent with section 3486.1.

2. (b) Definitions. For purposes of this Article and Article 1 of this Subchapter, the following definitions shall apply:

   1. (1) “Centralized Screening Team” refers to the team responsible for screening all grievances, reasonable accommodation requests, and allegations of staff misconduct.
   2. (2) “Clarification Interview” refers to an interview conducted by the Centralized Screening Team when clarification is needed to make a screening decision.
   3. (3) “Designated Case” refers to a case assigned to an attorney with the Employment Advocacy and Prosecution Team.
   4. (4) “Employment Advocacy and Prosecution Team” refers to the entity in the Office of Legal Affairs responsible for providing legal counsel and representation during the employee investigation, discipline, and appeal process.
   5. (5) “Hiring Authority” has the same meaning in this Article as in subsection 3392(a)(10).
   6. (6) “Investigation” refers to the gathering of facts and evidence by a specially trained headquarters investigator concerning employee misconduct toward an incarcerated or supervised person.
   7. (7) “Staff Misconduct” refers to behavior that results in a violation of law, regulation, policy, or procedure, or to actions contrary to an ethical or professional standard.
   8. (8) “Vertical Advocate” refers to an attorney with the Employment Advocacy and Prosecution Team who provides legal advice to the department during investigations and the employee discipline process for designated cases, and represents the department at administrative hearings and during any subsequent writ or appellate proceedings.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW; Madrid v. Woodford, Special Masters Final Report Re: Department of Corrections Post Powers Investigations and Employee Discipline; Case No. C90-3094-T.E.H; Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.

History

1. New article 1.5 (sections 3486.01-3486.3) and section filed 12-28-2021 as an emergency; operative 1-1-2022 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 6-10-2022 or emergency language will be repealed by operation of law on the following day. For prior history of section 3486, see Register 2021, No. 41.

2. New article 1.5 (sections 3486.01-3486.3) and section refiled 6-13-2022 as an emergency; operative 6-13-2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 6-13-2022 order, including redesignation and amendment of former section 3486.01 as section 3486, transmitted to OAL 9-9-2022 and filed 10-20-2022 (Register 2022, No. 42). Effective on filing based on good cause pursuant to Government Code section 11343.4(b)(3). For prior history of section 3486, see Register 2022, No. 1.

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

5. Amendment filed 12-26-2024 as an emergency; operative 1-1-2025 (Register 2024, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2025 or emergency language will be repealed by operation of law on the following day.

6. Amendment refiled 6-10-2025 as an emergency; operative 6-11-2025 (Register 2025, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2025 or emergency language will be repealed by operation of law on the following day.

7. Amendment refiled 9-2-2025 as an emergency; operative 9-10-2025 (Register 2025, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-9-2025 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 9-2-2025 order, including amendment of section, transmitted to OAL 12-8-2025 and filed 1-22-2026; amendments operative 1-22-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).