Section 3044.1 - Special Assignments(a) Special assignments include: (1) The positions of chairperson and secretary of an institution's incarcerated person advisory council may qualify as a full-time assignment to Work Group A-1.(2) Assignment to an approved full time pre-release program shall qualify as a full-time assignment to Work Group A-1.(3) Any Rehabilitative Program managed by the Division of Rehabilitative Programs (DRP), as defined in section 3000, assignment shall qualify as a full-time assignment to Work Group A-1.(b) Short Term Medical or Psychiatric Inpatient Hospitalization (29 calendar days or less). Incarcerated persons determined by medical or mental health staff to need short-term inpatient care shall retain their existing credit earning category. Incarcerated persons requiring longer periods of inpatient care shall be referred by the attending physician or mental health clinician to a classification committee for review. The classification committee shall confirm the incarcerated person's unassigned inpatient category and change the incarcerated person's work or training group status as follows: (1) A general population incarcerated person shall be assigned to Work Group A-2, effective the thirtieth calendar day of unassignment, unless the incarcerated person is assigned to Work Group C or Work Group M in accordance with sections 3044(b)(4) or 3044(b)(8).(2) An incarcerated person who is assigned to Work Group A-1, Work Group B, Work Group F, or Work Group M and placed in a Restricted Housing Unit (RHU) shall be assigned to Work Group D-1, effective the first day of placement into a RHU, unless the incarcerated person is assigned to Work Group D-2, Work Group F, or Work Group M in accordance with subsections 3044(b)(6), 3044(b)(7)(D), 3044(b)(7)(E), 3044(b)(8)(E), or 3044(b)(8)(F).(3) Restricted housing incarcerated persons assigned to Work Group D-1 or D-2 shall retain their work group status.(c) Long-Term Medical or Psychiatric Unassigned Status. In cases where the health condition necessitates that the incarcerated person becomes medically unassigned for 30 calendar days or more, the physician or mental health clinician shall specify an anticipated date the incarcerated person may return to work. The classification committee shall review the incarcerated person's medical or psychiatric unassigned status and change the incarcerated person's work group status as follows: (1) An incarcerated person in the general population shall be re-assigned to Work Group A-2, involuntary unassigned, effective the thirtieth calendar day of un-assignment, unless the incarcerated person is assigned to Work Group C or Work Group M in accordance with sections 3044(b)(4) or 3044(b)(8).(2) An incarcerated person who is assigned to Work Group A-1, Work Group B, Work Group F, or Work Group M and placed in a RHU shall be re-assigned to Work Group D-1, effective the first day of placement into a RHU, unless the incarcerated person is assigned to Work Group D-2, Work Group F, or Work Group M in accordance with subsections 3044(b)(6), 3044(b)(7)(D), 3044(b)(7)(E), 3044(b)(8)(E), or 3044(b)(8)(F).(3) An incarcerated person in a RHU who is assigned to Work Group D-1 or D-2 shall be retained in their respective work group.(d) Medical or mental health care status determination:(1) When an incarcerated person has a disability that limits their ability to participate in a work, academic, Career Technical Education program or other such program, medical or mental health staff shall document the nature, severity, and expected duration of the incarcerated person's limitations on a CDC Form 128-C (Rev. 1/96), Medical, Psychiatric, Dental (Chrono). The medical or mental health staff shall not make program assignment recommendations or decisions on the form. The CDC Form 128-C shall then be forwarded to the incarcerated person's assigned correctional counselor who shall refer the incarcerated person to a classification committee for review. The classification committee shall have sole responsibility for making program assignment and work group status decisions. Based on the information on the CDC Form 128-C and working in conjunction with staff from the affected work area, academic program, Career Technical Education program, and the Assignment Lieutenant, the classification committee shall evaluate the incarcerated person's ability to participate in work, academic, Career Technical Education program, or other programs and make a determination of the incarcerated person's program assignment and work group status.(2) Only when the incarcerated person's documented limitations are such that the incarcerated person, even with reasonable accommodation, is unable to perform the essential functions of any work, academic, Career Technical Education or other such program, will the incarcerated person be placed in one of the two following categories by a classification committee:(A) Temporary medical or psychiatric unassignment. Except as provided in section 3044.1(e)(2)(A), when a disabled incarcerated person is unable to participate in any work, academic, Career Technical Education program or other program, even with reasonable accommodation, because of a medically determinable physical or mental impairment that is expected to last for less than six months, the classification committee shall place the incarcerated person on temporary medical or psychiatric unassignment. An incarcerated person on temporary medical or psychiatric unassignment status shall be scheduled for classification review any time there is a change in their physical or mental impairment, or no less than every six months for reevaluation. The work group status of an incarcerated person on temporary medical or psychiatric unassignment for less than six months shall be in accordance with section 3044(b)(2), Work Group A-2, unless the incarcerated person is assigned Work Group M in accordance with section 3044(b)(8). If the incarcerated person's condition lasts six months and the classification committee still cannot assign the incarcerated person due to their impairment, the work group status shall be changed to be in accordance with subsection 3044(b)(1), Work Group A-1 and appropriate privilege group retroactive to the first day of the temporary medical or psychiatric unassignment, unless the incarcerated person is assigned Work Group M in accordance with subsection 3044(b)(8).(B) Medically disabled. When an incarcerated person is unable to participate in any assigned work, academic, Career Technical Education program, or other such program activity, even with reasonable accommodation, because of a medically determinable physical or mental impairment that is expected to result in death or last six months or more, the classification committee shall place the incarcerated person on medically disabled status. The incarcerated person work group status shall be in accordance with section 3044(b)(1), Work Group A-1 and Privilege Group A, unless the incarcerated person is assigned Work Group M in accordance with subsection 3044(b)(8).(e) Medical or psychiatric special assignments:(1) Light duty: Incarcerated persons determined to have long-term medical or psychiatric work limitations shall be processed in the following manner: (A) A medical or mental health evaluation of the incarcerated person shall be made to determine the extent of disability and to delineate capacity to perform work and training programs for either a full or partial workday. If the incarcerated person is deemed capable of only a partial work program, full credit shall be awarded for participation in such a program.(B) A classification committee shall review the evaluation and determine the incarcerated person's assignment.1. A committee concurring with an evaluation's light duty recommendation shall refer the matter to the facility's assignment office which shall attempt to provide an assignment within the incarcerated person's capabilities. Incarcerated persons assigned to such light duty shall be scheduled for semi-annual review.2. A committee disagreeing with an evaluation's light duty recommendation shall refer the matter back to the medical or mental health department, describing the difference of opinion or rationale for requesting a second evaluation. If the committee disagrees with the second evaluation it shall refer the matter to the institution classification committee for final determination.(2) Short-term medical or psychiatric lay-in or unassignment. Incarcerated persons who are ill or otherwise require a medical or psychiatric lay-in, or unassignment for 29 calendar days or less, shall be processed in the following manner: (A) Only designated medical or mental health staff are authorized to approve such lay-ins and unassignments. Reasons for the approval and the expected date of return to their regular assignment shall be documented by the medical or mental health staff making the decision.(B) Incarcerated persons shall notify their work or training supervisor of their lay-in or unassignment status. The work or training supervisor shall record each day of the incarcerated person's approved absence as an "E".(C) Medical or mental health staff determining an incarcerated person should continue on lay-in or unassigned status for more than 29 calendar days shall refer the case to a classification committee for review.(D) The incarcerated person shall continue to use ETO time while on short-term medical or psychiatric lay-in or unassigned status.(f) On-the-job injuries. The chief medical officer shall document incarcerated person injuries occurring on the job. With the exception of incarcerated persons assigned to Work Group F, such injured incarcerated persons shall retain their existing work group status until medically approved to return to their work assignment. Incarcerated persons assigned to Work Group F shall revert to Work Group A-1 in accordance with section 3044(b)(1) or Work Group M in accordance with section 3044(b)(8) effective on the date the chief medical officer determines the on-the-job injury excludes the incarcerated person from conservation camp placement or from placement as a firefighter at a California Department of Corrections and Rehabilitation firehouse, providing the chief medical officer's exclusion determination is within 29 calendar days following the date of the incarcerated person's removal from the conservation camp or firehouse firefighter assignment. If the chief medical officer's exclusion determination is not within 29 calendar days following the date of the incarcerated person's removal from the conservation camp or firehouse firefighter assignment, the incarcerated person shall revert to Work Group A-1 in accordance with section 3044(b)(1) or Work Group M in accordance with section 3044(b)(8) effective the 30th calendar day following the date of the incarcerated person's removal from the conservation camp or firehouse firefighter assignment.(g) Medical or psychiatric treatment categories "H", "I", and "N". An incarcerated person assigned to category "H", "I", or "N" is not capable of performing a work or training assignment and shall, except where otherwise prohibited by law, be assigned to Work Group A-1, unless the incarcerated person is assigned Work Group M in accordance with section 3044(b)(8).(h) Department of State Hospitals Placements. An incarcerated person transferred to the Department of State Hospitals pursuant to sections 1364, 2684, or 2690 of the Penal Code shall be assigned to a work group as provided in section 3043.8(b).Cal. Code Regs. Tit. 15, § 3044.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code.
1. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(A)-(B), filed 4-28-2021 as an emergency; operative 5/1/2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-7-2022 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2021, No. 36).
3. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(A)-(B), refiled 12-28-2021 as an emergency; operative 12/28/2021 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 4 (Register 2022, No. 13).
5. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(B), refiled 3-28-2022 as an emergency; operative 3/29/2022 pursuant to Government Code section 11346.1(d) (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-27-2022 or emergency language will be repealed by operation of law on the following day.
6. Renumbering of former section 3043.7 to new section 3044.1, including amendment of subsections (d)(1)-(d)(2)(b), refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 6-27-2022 and filed 8/8/2022 (Register 2022, No. 32).
8. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
9. Amendment of subsections (b)(2)-(3) and (c)(2)-(3) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (b)(2)-(3) and (c)(2)-(3) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
11. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
12. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (b)(2)-(3) and (c)(2)-(3), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).