This chapter outlines the procedures to be followed by the Custody Services Divisions relating to inmate disciplinary procedures, in accordance with the California Code of Regulations, Title 15, Minimum Standards for Adult Detention Facilities, Article 7, Discipline.
DEFINITIONS:
(For definitions of terms related to discipline of specialized program inmates, refer to CDM 5-09/020.00, “Discipline Involving Mental Health Inmates, Inmates Requiring Accommodations Under the Americans with Disabilities Act [ADA], and/or Inmates with Special Needs.”)
“Discipline” defined: punitive action taken against an inmate who violates or refuses to comply with jail rules and regulations and may consist of any or all of the following: segregation in a disciplinary housing area, loss of privileges, removal from work detail, revocation of inmate credit.
“Disciplinary housing” defined: housing area designated by the facility for those inmates on disciplinary status, which consists of single, double, or multi-person cells and shall have space and minimum furnishings as specified in the California Code of Regulations, Title 24, Part 2 1231.2.7 and 2.8 (i.e., bunk, toilet, wash basin, and source of drinking water).
“Discipline in place” defined: inmates having their privileges revoked within their current housing location.
“Disciplinary cell” defined: a cell for inmates on disciplinary status who have been determined, based on their classification and/or disciplinary violation, to be highly dangerous to staff or other inmates and/or pose a security risk for the facility. Refer to CDM section 5-01/010.00, “Inmate Classification Responsibilities and Policies” and 5-01/030.00, “Inmate Classification and Identification” for inmate classification criteria. The cell is equipped with a solid hard door with limited visual and verbal access to others. The cell shall have space and minimum furnishings as specified in California Code of Regulations, Title 24, Minimum Standards for Adult Detention Facilities, Part 2, sections 1231.2.6 and 1231.2.7 (i.e. bunk, toilet, wash basin, and source of drinking water).
“Jail rules” defined: a list of prohibited conduct by an inmate which may result in punitive action. Jail rules are outlined in the Custody Division - Inmate Rules and Regulations (SH-J-386).
“Loss of privileges” defined: a punitive action taken against an inmate for violations of jail rules and regulations and consists of any or all of the following: access to phones, television, hot water pot, vending, commissary, dayroom, outdoor recreation yard, visiting and/or removal from work detail.
“Pre-discipline” defined: the period, not to exceed 72 hours, during which an inmate who is being charged with a disciplinary violation is waiting for their Disciplinary Review Board (DRB) hearing. During this time, the inmate’s existing privileges shall not be revoked. An inmate may waive the DRB hearing by not contesting the charged disciplinary violations. If the inmate waives the DRB hearing, the pre-discipline period ends, and any disciplinary sanctions shall commence as soon as practicable.
“Pre-disciplinary housing” defined: a designated housing location, typically consists of single- or double-person cells, to which an inmate who is in the pre-discipline period may be moved while waiting for the DRB, when the violation is one necessitating the inmate’s removal from their current housing location (e.g., involving an assault against staff or another inmate, gang activity, a jail-made weapon, an attempt escape, arson, etc.). While waiting for the DRB in pre-disciplinary housing, the inmate shall retain all existing privileges until disposition of the case by the DRB, unless exceptional circumstances warrant the suspension of certain privileges prior to the DRB (e.g., temporary suspension of telephone access if the inmate coordinated an assault by communicating via telephone call).
UNIT COMMANDER RESPONSIBILITIES
Unit commanders shall ensure the following:
Credit Revocation