§ 3314. Administrative Rule Violations.

(a) Inmate misconduct reported on a CDC Form 115 shall be classified administrative if:

(1) The misconduct does not constitute a misdemeanor offense, except as provided in (3) below.

(2) It does not involve any of the following circumstances:

(A) The use or threat of force or violence against another person.

(B) A breach of or hazard to facility security.

(C) A serious disruption of facility operations.

(D) The introduction, use, or possession of controlled substances or alcohol.

(E) Possession of dangerous contraband.

(F) Continued failure to meet program expectations.

(G) Any felony offense.

(3) Administrative rule violations include but are not limited to:

(A) Possession of property, materials, items, or substances in excess of authorized limits, or possession of contraband other than controlled substances or dangerous contraband.

(B) Misuse of food.

(C) Out-of-bounds presenting no threat to facility security.

(D) Misuse of telephone privileges presenting no threat to facility security.

(E) Mail or visiting violations presenting no threat to facility security.

(F) Failure to meet work or program expectations within the inmate's abilities.

(G) Late for or absent without authorization from a work or program assignment.

(H) Use of vulgar or obscene language.

(I) Failure to follow an itinerary when on temporary community leave from a community-access facility.

(J) Under the influence (use) of alcoholic beverages, drugs, or intoxicants in a community-access facility.

(K) Failure to comply with departmental grooming standards.

(b) Administrative rule violations shall be heard by a disciplinary hearing official not below the level of a correctional lieutenant, or an experienced correctional counselor I, parole agent I or correctional sergeant.

(c) The inmate does not have the right to call witnesses or to have an investigative employee assigned.

(d) If deemed necessary by the hearing official, the hearing shall be suspended and the inmate shall be provided staff assistance pursuant to section 3318(b).

(e) The hearing official may find the inmate guilty and order one or more of the following dispositions:

(1) Counseling, with or without a reprimand.

(2) Suspension of privileges specified by the hearing official for no more than a 30-day period starting the date the rule violation report was adjudicated, except as authorized in section 3314(e)(10).

(3) Placement into privilege group B or C for no more than a 30-day period starting the date the rule violation report was adjudicated.

(4) Confinement to quarters pursuant to section 3333 for one or more weekends and/or holidays, not to exceed ten days and not to be imposed with subsection (6) or suspended confinement.

(5) Assignment to no more than 40 hours of extra duty.

(6) Confinement to quarters for a period not to exceed five consecutive days. Inmates serving confinement to quarters shall be released to attend work and program assignments.

(7) Placement of a restriction or hold on the inmate's trust account for rule violations involving state or personal property as described in section 3190 when the inmate refuses to pay for the repair or replacement of such property or canteen.

(8) Suspension of all or part of any disposition for up to 90 days based on the inmate's acceptance of and compliance with conditions specified for suspension of the disposition.

(9) Imposition of all or part of an existing suspended disposition when the current rule violation is also a violation of conditions imposed at the time of the suspension.

(10) Inmates placed in ASU, SHU, PSU, Privilege Group D , who are found guilty of any RVR deemed administrative per this section are subject to temporary loss of entertainment appliances as follows:

A. Thirty days for the first offense

B. Sixty days for the second offense.

C. Ninety days for the third offense.

(f) The hearing official may find the inmate guilty of the charge but, in the interest of justice or because of extenuating circumstances, dismiss the formal rule violation charge and report the misconduct as a custodial counseling on a CDC Form 128-A pursuant to section 3312. In such cases the CDC Form 115 shall be processed pursuant to section 3326.

(g) The hearing official may find the inmate not guilty and dismiss the charges.

(h) The hearing official may designate the rule violation serious if it is determined in the fact-finding phase of an administrative violation hearing that the misconduct is a serious rule violation. The disciplinary hearing official shall terminate the hearing and issue a serious CDC Form 115 to the inmate.

(i) Classification Committee Review. When the hearing official determines that an inmate is a program failure, as defined in section 3000, the hearing official shall refer the administrative disciplinary action for possible review by a classification committee to affirm or modify the inmates program, work/privilege group, or housing assignment.

HISTORY

1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).

2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).

3. Amendment of subsection (d)(2) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).

4. Amendment of subsections (a) and (d)(5) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).

5. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).

6. New subsection (a)(3)(L) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).

8. Amendment filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.

9. Amendment of section, including futher amendment of subsection (e)(4), refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).

11. Amendment of subsections (c)(2)(D)-(E), new subsections (c)(2)(F)-(G), repealer of subsection (c)(3)(A), subsection relettering, amendment of subsection (e)(2) and new subsections (e)(10)-(e)(10)C. filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).

Note

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.