1. Dr. Joseph Bick

   Brittany Brizendine

   Jennifer Benavidez

   Jared Lozano

   Melanie Bruns

   Michelle Villafuerte

Memorandum

Date:

To:

Bryan D. Phillips, Associate Director (A), High Security Mission

Brian Cates, Warden, California Correctional Institution

Patwin Horn, Warden (A), Kern Valley State Prison

Carlos Arce, Warden (A), Salinas Valley State Prison

INSTRUCTIONAL MEMORANDUM

Subject:

STRATEGIC BEHAVIOR-BASED HOUSING AND PROGRESSIVE PROGRAM HOUSING -- PILOT PROGRAM AT CCI, KVSP, AND SVSP

PURPOSE

The purpose of this memorandum is to announce the implementation of the California Department of Corrections and Rehabilitation (CDCR) Strategic Behavior-Based Housing (SBBH) and Progressive Program Housing (PPH) Pilot Program. The intent of this Pilot Program is to reduce violence among disruptive Sensitive Needs Yard (SNY) designated incarcerated persons and reduce their negative impact on other SNY designated incarcerated persons who wish to safely participate in rehabilitative programs. Additionally, the Pilot Program is designed to reward incarcerated persons displaying positive behavior with additional privileges as identified within this memorandum.

PILOT PROGRAM REQUIREMENTS

Designated staff shall review the behavior of SNY incarcerated persons (consistent with the incarcerated person's recent behavior) and identify them for placement in one of three designated housing units with other incarcerated persons that have the same or similar behavioral patterns. The three designated housing units within the SNY are SBBH, PPH, and the regular SNY (Status Quo). If an incarcerated person is placed within the PPH unit, placement is voluntary. If an incarcerated person is placed within the SBBH, placement is mandatory. If the incarcerated person does not meet the criteria for either the SBBH or PPH units based on no identifiable trend of positive or negative programming, they will remain in a regular SNY housing unit (Status Quo).

PILOT PROGRAM LOCATIONS AND DURATION

The SBBH and PPH Pilot Program will be implemented at the California Correctional Institution (CCI), Kern Valley State Prison (KVSP), and Salinas Valley State Prison (SVSP), within the 180-design facilities. The intent is to monitor the success of the program for possible expansion to all SNY facilities. The Pilot Program will be in effect for 24 months following approval by the Office of Administrative Law, and will expire by operation of law at the end of this period unless regulations establishing the program are promulgated through the Administrative Procedure Act prior to the Pilot Program's expiration.

PROGRAM STRUCTURE

PPH Pilot Program

The PPH Pilot Program will give SNY incarcerated persons identified as positively programming, the ability to participate in rehabilitative programs, free from the pressure of violence, extortion, and other disruptive criminal gang activity. The PPH Pilot Program will allow positive programming incarcerated persons to live within a unit that supports the objective to maintain jobs, obtain education, and participate in self-help programs.

Additionally, incarcerated persons may be rewarded for their good behavior with additional privileges when housed in the PPH, such as: increased food sales; modular furniture; larger dayroom televisions; game consoles; and microwaves in the communal areas; and other privileges determined by the Institution's Warden. The aforementioned privileges will create positive reinforcement and incentive for incarcerated persons that create and maintain positive behavior patterns.

SBBH Pilot Program

The SBBH Pilot Program is designated for disruptive incarcerated persons, and those with a high risk of violent behavior. Incarcerated persons identified as participating in gang-related activities and/or patterns of violence will be housed together; therefore, reducing their ability to disrupt institutional operations and denying other incarcerated persons the ability to program successfully in an SNY facility. Clustering of incarcerated persons with disruptive behavior provides an avenue for alternative behavior intervention, allowing staff to focus their resources on identifying and controlling negative behavior, while allowing the PPH participants to be housed away from gang influence and the violence of disruptive incarcerated persons.

PROGRAM PROCEDURES

The criteria for placement and determination into the SBBH or PPH will be determined by the Facility Captain, Correctional Counselor III, or higher classifications; hereafter referred to as the Reviewing Authority. The Reviewing Authority's review shall consist of reviewing the incarcerated person's disciplinary behavior, participation in work/school assignments, and participation in self-improvement classes. Incarcerated persons' behavior will be evaluated on an on-going basis and considered for removal as necessary by the Reviewing Authority.

Placement into and removal from the SBBH and PPH are considered inner-facility or institutional bed moves, and, therefore, do not require a committee action or a Classification Staff Representative audit, as there is no change to the incarcerated person's case factors. The Reviewing Authority will exercise final discretion in determining the placement of incarcerated persons within the SBBH or PPH Pilot Program based on their comprehensive knowledge of the facility's operational requirements, the demographic composition of the population, and alignment with the overarching goals and objectives of the program structure as outlined in this memorandum.

Considerations for PPH

The PPH reflects a high standard of demonstrated commitment by the incarcerated person to the rehabilitative process and remaining relatively disciplinary free. The Reviewing Authority will consider the substance of any recent Rules Violation Reports (RVR) and how they may affect or reflect on the rehabilitative efforts of the incarcerated person or the integrity of the PPH. All approvals or denials into the program will be decided by the Reviewing Authority. Participation of incarcerated persons is on a voluntary basis. Incarcerated persons are eligible to opt-out of the PPH if they choose but remain subject to housing placement as determined by staff and institutional needs.

To qualify for PPH housing consideration, eligibility will be assessed on the following criteria, which includes but is not limited to:

• Free of Serious RVRs for a period of 12 months.

• Active work, education or vocational assignment. If the incarcerated person has not been assigned an assignment, they shall remain qualified. However, if the incarcerated person has been removed from an assignment for work related or attendance issues, they will not be eligible.

• Participation in self-help or extra-curricular groups/education.

• No recent Security Threat Group (STG)/gang-related activity.

Incarcerated persons with a serious RVR or who have been removed from a job assignment may be considered for approval into the program on a case-by-case basis, these recommendations are subject to the final approval by the Reviewing Authority. Eligible incarcerated persons interested in participating in the PPH can send a request for interview to their assigned Correctional Counselor, a Facility Supervisor, or the Facility Captain.

Consideration for Removal from PPH

Incarcerated persons that behave in a manner inconsistent with the goals of the PPH housing unit may be reassigned to a different housing unit at the Reviewing Authority's discretion. The following criteria for removal of an incarcerated person from the PPH shall be considered by the Reviewing Authority on a case-by-case basis:

• Being found guilty of a serious RVR.

• Removal from work, education, or vocation assignment due to negative work behavior, refusal to work, or attendance issues.

Consideration for SBBH

Incarcerated persons housed in SBBH shall be reviewed by the Reviewing Authority as needed but no more than 180 days from initial placement with subsequent ongoing reviews at least every 180 days thereafter. The purpose of the review is to monitor the individual's progress. The Reviewing Authority's review shall consist of the incarcerated person's disciplinary behavior, participation in work or educational assignments, and self-help programs. Removal from the SBBH by the Reviewing Authority shall be based on the individual's commitment to their positive rehabilitative progress and not simply remaining disciplinary free.

SBBH placement will be based on individual behavior, which may include but is not limited to:

• Recent STG/gang influence and activity.

• Threats and intimidation.

• Assaults or batteries.

• Participation in riots.

• Weapon related disciplinary violations.

These behaviors are not a requirement for SBBH housing. Incarcerated persons may be housed in the SBBH based on behavior absent an RVR. Incarcerated persons may be housed in SBBH directly from the Restricted Housing Unit (RHU) for a related disciplinary offense, as determined by the Institution Classification Committee.

RESEARCH AND EVALUATION

Once the Pilot Program has been implemented, CDCR shall evaluate and assess its effectiveness in improving incarcerated persons' behavior, which would be evidenced by an increase in programming free of disruption, an increase in programming attendance, an increase in PPH population over time, and a reduction of serious incidents and RVRs, among other relevant factors.

Additionally, CDCR shall continually evaluate and assess the Pilot Program's effectiveness for reducing incidents and RVRs, through internal audits. The Facility Captain will conduct a quarterly audit of disciplinary patterns, and work, education, and rehabilitative program participation patterns relative to each housing designation within the SNY. Additionally, the audits will include interviews with housing unit staff and participating incarcerated persons regarding the impact of the Pilot Program. The results of these audits will be shared with the Warden and Associate Directors who have oversight over the Pilot Program. The results of all internal audits will be utilized as supporting documentation for the development of regulatory language.

If you have any questions regarding this Pilot Program, please contact Michelle Villafuerte, Captain, Division of Adult Institutions, Region III, at (279) 223-7453 or [email protected].

JASON D. JOHNSON

Undersecretary (A), Operations

California Department of Corrections and Rehabilitation

cc:

Jeff Macomber

Gena Jones

Jennifer Barretto

Diana Toche

Note: Authority cited: Sections 5058 and 5058.1, Penal Code. Reference: Section 5058, Penal Code.

History

1. New section filed 3-11-2025; operative 3-11-2025 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2025, No. 11). Section shall lapse by operation of law on 3-11-2027 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.