Cal. Code Regs. tit. 15 § 3179

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3179 - Complaints Relating to Visiting

(a) Approved incarcerated person visitors, and visiting applicants may file a complaint with the institution head regarding department policies, staff decisions, and institution or facility procedures relating to visiting.

(b) Visitor complaints related to institution or facility procedures or staff decisions shall be addressed to the institution head. A written response shall be provided within 15 working days from receipt of the complaint. If dissatisfied with the institution or facility response or action, the reporting party may refer the complaint, with a copy of the institution or facility decision, to the director or designee.

(c) Complaints related to visiting shall be addressed to the director. A written response to complaints addressed to the director shall be provided within 20 working days from the date of receipt.

(d) All subsequent decisions made as the result of complaint and the reasons for the decisions shall be documented with a copy to the reporting party. Visiting privileges shall be promptly approved or restored when an investigation concludes that no violation of rules, regulations, or procedures took place.

Cal. Code Regs. Tit. 15, § 3179

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

1. Change without regulatory effect renumbering former section 3182 to section 3179 filed 6-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
3. Amendment of subsection (a)(1) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
5. Amendment of section heading and section filed 3-25-2020 as an emergency; operative 6/1/2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
6. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section heading and section refiled 2-25-2021 as an emergency; operative 3/10/2021 (Register 2021, No. 9). 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 10-8-2021 or emergency language will be repealed by operation of law on the following day.
8. Amendment of section heading and section refiled 10-4-2021 as an emergency; operative 10/8/2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 10-4-2021 order, including amendment of subsections (b) and (d), transmitted to OAL 12-7-2021 and filed 1-5-2022; amendments operative 1/5/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 1).
10. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).