§ 1081. Plan for Inmate Discipline.

Each facility administrator shall develop written policies and procedures for inmate discipline which shall include, but not be limited to, the following elements:

(a) Designation of one or more subordinates who will act on all formal charges of violation of facility rules by inmates, and who shall have investigative and punitive powers. Staff so designated shall not participate in disciplinary review if they are involved in the charges.

(b) Minor acts of non-conformance or minor violations of institution rules may be handled informally by any staff member by counseling or advising the inmate of expected conduct, assignment to an extra work detail, or removal from a work assignment without loss of work time credit. In addition, temporary loss of privileges such as, but not limited to, access to television, telephones, or commissary, or lockdown for less than 24 hours, may be considered minor discipline if such acts are accompanied by written documentation, and a policy of review and appeal to a supervisor.

(c) Major violations or repetitive minor acts of non-conformance or repetitive minor violations of institutional rules shall be reported in writing by the staff member observing the act and submitted to the disciplinary officer. The inmate shall be informed of the charge(s) in writing. The consequences of a major violation may include, but are not limited to, loss of good time/work time, placement in disciplinary isolation, disciplinary isolation diet, or loss of privileges mandated by regulations. In addition:

(1) Charges pending against an inmate shall be acted on no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. A violation(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in writing. The inmate may waive the 24-hour limitation. The hearing may be postponed or continued for a reasonable time through a written waiver by the inmate or for good cause.

(2) The inmate shall be permitted to appear on his/her own behalf at the time of hearing.

(3) Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the action taken shall be reviewed by the facility manager or designee.

(4) The inmate shall be advised of the action taken by the disciplinary officer by a copy of the record required to be kept by Penal Code Section 4019.5.

(d) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1054 of these regulations.

HISTORY

1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Change without regulatory effect of subsections (a) and (f) (Register 86, No. 32).

3. Amendment filed 2-27-91; operative 3-29-91 (Register 91, No. 13).

4. Editorial correction of printing error in subsections (c) and (d) (Register 91, No. 32).

5. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).

6. Amendment of subsection (b) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).

7. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).

8. Amendment of subsection (d) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).

Note

Note: Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.