Section 3176.3 - Exclusion of a Person from Institutions/Facilities(a) The term "exclusion" as used in this article describes an administrative action by the director or institution head to bar, for cause, a person from entering institutions/facilities of the department, when that person would otherwise be permitted to enter. The director may delegate the authority for exclusion no lower than the rank of deputy director. The institution head may delegate the exclusion authority not lower than the chief deputy warden. Any person, including employees of the department, attorneys, attorney representatives, representatives of the news media, and delivery persons, may be excluded. The exclusion of a person is effected by issuance of an exclusion order.(b) Exclusion orders shall be issued only when the director or institution head determines one or more of the following: (1) The person's presence in the institution/facility presents a serious threat to security.(2) The person is charged with a felony.(3) The person is under investigation for a felony committed on institution/facility property.(4) The person's purpose for entering an institution/facility is no longer valid or has been lawfully terminated.(5) The person has committed any offense described in subsection 3178(s)(3) for which exclusion is an appropriate penalty.(6) The person has violated subsection 3176(c)(3) for which exclusion is an appropriate penalty.(c) A temporary exclusion may be ordered pending investigation and/or verification of the cause for exclusion.(d) The director or designee may exclude a person from any or all institutions/facilities. An institution head or designee may issue an order to exclude a person only from the institution/facility within his/her jurisdiction.(e) When the institution head's exclusion order affects an incarcerated person's attorney, or when the matter may have department wide significance, an immediate telephone report will be made to the director. In all instances of exclusion a written report will be made to the director or designee within two working days of the effective date of the order.(f) The person excluded shall be provided with written notification of the action taken. The notification shall advise the person that, upon request, a meeting with the official who ordered the exclusion may be arranged at the convenience of both parties, and that he/she may bring other persons to the meeting, including an attorney, and any information or evidence to support his/her position. Following the meeting, the person shall be provided the official's written decision within 20 working days.(1) If the exclusion is modified to permit the person's entry only under special conditions, the reasons shall be given.(2) If an institution head ordered the exclusion, the person shall also be informed that the decision may be appealed to the director.(3) A copy of the letter to the person shall be forwarded to the director or designee and a copy shall be retained in the institution/facility files.(4) If the exclusion letter is rescinded in full, notice of the rescission will be given in writing to the person, with a copy to the director or designee.Cal. Code Regs. Tit. 15, § 3176.3
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Change without regulatory effect amending subsection (b)(5) filed 3-27-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 13).
3. New subsection (b)(6) filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4(Register 2009, No. 41).
4. Change without regulatory effect amending subsection (e) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).