1. (a) Incarcerated individuals committed to the custody of the California Department of Corrections and Rehabilitation (CDCR) may apply to participate in CALCTRA work and training programs. Incarcerated individuals who have met the requirements in section 8004.1 may be assigned to a work or training position allowing the incarcerated individual to earn funds and acquire or improve effective work habits and occupational skills. CALCTRA does not discriminate on the basis of disability in employment or in the admission and access to its program or activities. Incarcerated individuals with physical or developmental disabilities, or incarcerated individuals who participate in CDCR's Mental Health Services Delivery System, and who otherwise meet the hiring requirements, are not excluded from CALCTRA job or training positions. CALCTRA affords incarcerated individuals reasonable accommodation to access programs as required by the American with Disabilities Act of 1990, the California Fair Employment and Housing Act of 1980, and applicable related non-discrimination laws.

2. (b) Incarcerated individuals are not eligible for a CALCTRA assignment under the following circumstances:

   1. (1) Incarcerated individuals serving life sentences without parole, unless the incarcerated individual has obtained an approval from the Warden, as described in subdivision (d)(4).
   2. (2) Incarcerated individuals convicted of arson, elements of arson, or possession or use of explosive material, unless the arson conviction is more than 15 years prior to the date of application and all other eligibility requirements are met, then an exemption may be considered.

   3. (3) Incarcerated individuals found in violation of section 3016, 3290(d), or both, unless the incarcerated individual subsequently meets all of the following minimum requirements:

      1. (A) Six months of disciplinary, drug, and alcohol-free conduct; and
      2. (B) Ninety days of satisfactory work as written on an institutional Work Supervisor's Report, CDC 101 (1/92), hereby incorporated by reference, from the incarcerated individual's work supervisor;
      3. (C) California Correctional Health Care Services staff has completed a substance use disorder assessment on the incarcerated individual; and
      4. (D) The incarcerated individual is enrolled, maintains enrollment, and actively participates in a treatment program, rehabilitation program, or both.

3. (c) Incarcerated individuals who are eligible for a CALCTRA assignment are restricted as follows:

   1. (1) All incarcerated individuals assigned to a CALCTRA work or training position must not have access to personal information of private individuals, pursuant to Penal Code Section 5071.
   2. (2) Incarcerated individuals convicted of a sex offense, as described in Penal Code Section 290, must not be assigned to the CALCTRA optical program.
   3. (3) Incarcerated individuals convicted of forgery, fraud, counterfeiting, or embezzlement must not be assigned to the CALCTRA specialty print plants.

   4. (4) Incarcerated individuals who have any of the following in their history must not be placed in assignments that provide access to a computer:

      1. (A) Computer fraud or abuse, as defined in Penal Code Section 502;
      2. (B) Telephone fraud or abuse, as defined in Penal Code Section 502.7(b); or
      3. (C) Any documented institutional disciplinary action, as described in Title 15 Sections 3000 and 3312, involving the use of a computer to conduct unauthorized activity not related to the intended work tasks of CDCR or CALCTRA.

4. (d) The following factors must be taken into consideration on a case-by-case basis when determining the assignment or reassignment of an incarcerated individual to a CALCTRA program:

   1. (1) Incarcerated individuals with a prior history of disciplinary actions or disciplinary measures that resulted in removal from a CALCTRA program may be considered for reassignment when the incarcerated individual has a minimum of six months disciplinary-free conduct.
   2. (2) Incarcerated individuals with a Close Custody designation may be considered for a CALCTRA assignment that meets the requirements described in section 3377.1(a)-(b) on a case-by-case basis and with the approval of the Warden at the institution.
   3. (3) Institutions with a transient population resulting in incarcerated individual worker unavailability may utilize incarcerated individuals with life sentences. Incarcerated individuals with life sentences must not exceed twenty-five percent of the workforce per institution.
   4. (4) Institutions with a population resulting in incarcerated individual worker unavailability may utilize incarcerated individuals who have been sentenced to life without parole with the approval of the Warden at the institution on a case-by-case basis.

Note: Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2702, 2801, 2805 and 5071, Penal Code; Armstrong v. Davis, 318 F.3d 965, 968-9 (9th Cir. 2003); Armstrong v. Davis, 275 F.3d 849, 879 (9th Cir. 2001), cert. denied 2002 U.S. LEXIS 5480 (U.S. Oct. 2002); Armstrong v. Wilson, 124 F.3d 1019, 1020-21 (9th Cir. 1997); Pa. Dep't of Corr. v. Yeskey, 524 U.S. 206 (1998); and Hecker v. CDCR, Docket 2:05-CV-02441-LKK-JFM (E.D. Cal.).

History

1. Amendment of article heading and new section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).

2. Amendment filed 8-6-2015; operative 10-1-2015 (Register 2015, No. 32).

3. Amendment of subsection (b)(3) filed 3-14-2017; operative 7-1-2017 (Register 2017, No. 11).

4. Amendment of subsections (a), (b)(3)(C), (c)(4)(A)-(C), (d)(2) and (e)(1)(A)-(B) and amendment of Note filed 12-21-2017; operative 4-1-2018 (Register 2017, No. 51).

5. Change without regulatory effect amending section filed 7-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 31).

6. Change without regulatory effect amending subsections (b), (c)-(c)(4), (d), (d)(3) and (e) filed 2-11-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 6).

7. Change without regulatory effect amending subsections (a)-(b), (b)(3)(B), (c), (d)(2), (e)(1) and (e)(1)(B) filed 6-7-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 23).

8. Change without regulatory effect amending article heading and repealing subsections (e)-(e)(1)(B) filed 4-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 16).

9. Amendment filed 9-26-2024; operative 1-1-2025 (Register 2024, No. 39).

10. Editorial correction deleting subsections (e)-(e)(1)(B) (Register 2025, No. 7).

11. Change without regulatory effect amending article heading and section filed 1-7-2026 pursuant to section 100, title 1, California Code of Regulations (Register 2026, No. 2).