Section 3377.1 - Incarcerated Person Custody Designations(a) Designation of a degree of an incarcerated person's custody shall be reasonably related to legitimate penological interests. The CDCR uses the following incarcerated person custody designations to establish where an incarcerated person shall be housed and assigned, and the level of staff supervision required to ensure institutional security and public safety: Maximum Custody,
Close Custody,
Medium A Custody,
Medium B Custody,
Minimum A Custody,
Minimum B Custody,
(1) Maximum Custody. (A) Housing shall be in cells in an approved restricted housing unit as described in sections 3335 through 3335.3.(B) Assignments and activities shall be within the confines of the approved restricted housing unit.(C) An incarcerated person designated as Maximum Custody shall be under the direct supervision and control of custody staff.(2) Close Custody Male Incarcerated Persons.(A) Housing shall be in cells within Level II, III and Level IV facilities in housing units located within an established facility security perimeter.(B) Close Custody incarcerated persons shall be permitted to participate in program assignments and activities scheduled within the hours of 0600 hours to 2000 hours unless hours are extended by the Warden to no later than 2200 hours when it is determined that visibility is not compromised in areas located within the facility security perimeter. Bases for the extended hours include operational necessity, daylight savings time, or availability of high mast lighting. Close Custody incarcerated persons shall be permitted to participate in program assignments and activities during the hours of 0600 hours to 2000 hours in areas located within the facility security perimeter including beyond the work change area in a designated Level II, Level III or Level IV institution. Close Custody incarcerated persons may participate in designated work program assignments until 2200 hours when the work program is in an assigned housing unit located within the facility security perimeter. Close Custody incarcerated persons may participate in limited evening activities after 2000 hours until the general evening lockup and count when the limited activity is in a designated housing unit located within the facility security perimeter.(C) The work supervisor shall provide direct and constant supervision of Close Custody incarcerated persons during the incarcerated person's assigned work hours.(D) Custody staff supervision shall be direct and constant. In addition to regular institutional counts, Close Custody male incarcerated persons shall be counted at noon each day.(3) Close Custody Female Incarcerated Persons. (A) Housing shall be in cells or in a designated Close Custody dormitory.(B) Close Custody female incarcerated persons shall be permitted to participate in program assignments and activities scheduled within the hours of 0600 hours to 2000 hours unless hours are extended by the Warden to no later than 2200 hours when it is determined that visibility is not compromised in areas located within the facility security perimeter and the work change area. Bases for the extended hours include operational necessity, daylight savings time, or availability of high mast lighting. Close Custody female incarcerated persons shall be permitted to participate in program assignments and activities during the hours of 0600 hours to 2000 hours in areas located within the facility security perimeter, including beyond the work change area. Close Custody female incarcerated persons may participate in work program assignments until 2200 hours when the work program is in an assigned housing unit located within the facility security perimeter. Close custody female incarcerated persons may participate in limited evening activities after 2000 hours until the general evening lockup and count when the limited activity is in an assigned housing unit located within the facility security perimeter.(C) The work supervisor shall provide direct and constant supervision of Close Custody incarcerated persons during the incarcerated persons' assigned work hours.(D) Custody staff supervision shall be direct and constant. In addition to regular institutional counts, Close Custody female incarcerated persons shall be counted at noon each day.(4) Medium A Custody. (A) Housing shall be in cells or dormitories within the facility security perimeter.(B) Assignments and activities shall be within the facility security perimeter.(C) Supervision shall be frequent and direct.(5) Medium B Custody. (A) Housing shall be in cells or dormitories within the facility security perimeter.(B) Assignments and activities shall be within the facility security perimeter. Incarcerated persons may be given daytime assignments outside the facility security perimeter but must remain on facility grounds.(C) Custody staff shall provide frequent and direct supervision inside the facility security perimeter. Custody staff shall provide direct and constant supervision outside the facility security perimeter.(6) Minimum A Custody. (A) Housing shall be in cells or dormitories within the facility security perimeter.(B) Assignments and activities may be inside or outside the facility security perimeter.(C) Staff supervision shall consist of at least hourly observation if assigned outside the facility security perimeter. Sufficient staff supervision of the incarcerated person shall be provided to ensure the incarcerated person is present if assigned inside the facility security perimeter.(7) Minimum B Custody.(A) Housing may be in cells or dormitories on facility grounds, in a camp, in a Minimum Support Facility (MSF) or in a community based facility such as a Community Correctional Facility.(B) Assignments and activities include eligibility for work or program assignments located either on or off institutional grounds.(C) Sufficient staff supervision shall be provided to ensure the incarcerated person is present.(b) An "R" suffix shall be affixed to an incarcerated person's custody designation to ensure the safety of incarcerated persons, correctional personnel, and the general public by identifying incarcerated persons who have a history of specific sex offenses as outlined in Penal Code (PC) Section 290. (1) The "R" suffix shall be affixed during reception center processing if one of the following four criteria applies: (A) The incarcerated person is required to register per PC Section 290.(B) The incarcerated person's parole was revoked by the Board of Parole Hearings (BPH) formerly known as the Board of Prison Terms/Parole Hearing Division, Good Cause/Probable Cause Finding of an offense that is equivalent to an offense listed in PC Section 290.(C) The incarcerated person had a BPH formerly known as California Youth Authority/Youth Offender Parole Board sustained adjudication of an offense that is equivalent to an offense listed in PC Section 290.(D) The incarcerated person had a valid "R" suffix evaluation as defined in this section, resulting in the "R" suffix being affixed.(2) Incarcerated persons with a prior "R" suffix evaluation inconsistent with Section 3377.1(b)(5) shall not have an "R" suffix applied. An "R" suffix evaluation must be completed at the receiving institution.(3) Within six months of reception or at any time during an incarceration, incarcerated persons with records of arrest, detention, or charge of any offenses listed in PC Section 290, shall appear before a classification committee to determine the need to affix an "R" suffix to the incarcerated person's custody designation. The committee shall consider the arrest reports and district attorney's comments related to each arrest. (A) An incarcerated person found guilty in a disciplinary hearing of a Division A-1, A-2, or B offense that is equivalent to an offense listed in PC Section 290 shall have an "R" suffix evaluation completed by a classification committee.(4) The receiving institution's initial classification committee shall affix the "R" suffix designation to an incarcerated person's custody during initial classification committee review when it is determined the "R" suffix was not applied at the reception center and the incarcerated person meets one of the criteria listed in Subsection 3377.1(b)(1).(5) When completing an "R" suffix evaluation, the classification committee shall consider the arrest report(s) and district attorney's comments. However, a classification committee may affix an "R" suffix if the arrest report(s) are available and the district attorney's comments are unavailable. The classification committee shall document the attempts/steps taken to obtain the required documentation in an automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference.(A) An "R" suffix shall not be affixed when the required documentation is not available for review, unless approved by Departmental Review Board (DRB) decision. If the arrest report is unavailable, the district attorney's comments or any other court or official documents shall be considered if available.(B) DRB approval is required to affix an "R" suffix to an incarcerated person's degree of custody if the required relevant documents are not available to complete an "R" suffix evaluation.(6) If a Unit Classification Committee (UCC) finds that an incarcerated person may no longer require an "R" suffix, the committee shall refer the case to the Institution Classification Committee (ICC) for review.(7) Should a different facility UCC at the same institution disagree with the initial UCC's decision to either affix or not affix the "R" suffix, the committee must refer the case to ICC for review.(8) ICC can reverse an "R" suffix evaluation by a previous institution's ICC only if new and compelling information is obtained. Otherwise, the case shall be referred for a DRB decision.(9) An "R" suffix shall not be applied if the incarcerated person was acquitted/found not guilty of the sex related charges in a court of law even if BPH Good Cause/Probable Cause Finding revoked their parole for those sex related charges.(10) Incarcerated persons with "R" suffixes shall not be housed in a Level I facility and shall not be assigned outside the security perimeter.(11) Incarcerated persons who have obtained a valid Certificate of Rehabilitation pursuant to PC Section 4852.01 shall not have an "R" suffix affixed.(12) An incarcerated person whose "R" suffix has been removed shall be eligible for any housing or assignment for which they otherwise would qualify had the "R" suffix never been designated.(13) The following terms are defined for the purposes of the "R" suffix custody designation: (A) Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.(B) Facility means a subfacility of an institution headed by a captain.(c) An "S" suffix may be affixed by a classification committee to the incarcerated person's custody designation to alert staff of an incarcerated person's need for single cell housing. The classification committee's decision to affix the "S" suffix shall be based on documented evidence that the incarcerated person may not be safely housed in a double cell or dormitory situation based on a recommendation by custody staff or a health care clinician.(d) A "D" suffix may be affixed by an Institutional Classification Committee (ICC) to a male incarcerated person's Close Custody designation to indicate the incarcerated person may be housed within a dormitory environment. A mental health clinician or physician shall be present during the ICC classification hearing for placement or removal of a D Suffix to an incarcerated person's custody designation. (1) A "D" suffix shall only be affixed by ICC if the incarcerated person meets one of the following criteria and the ICC determines the incarcerated person can safely program in dormitory housing based on a review of the incarcerated person's case factors: (A) Inpatient mental health treatment is deemed medically necessary and health care staff have determined that required care cannot be provided in a celled environment.(B) Placement in a specialized medical bed has been deemed medically necessary and the Health Care Placement Oversight Program staff have determined the required care cannot be provided in a celled environment.(2) Other security precaution requirements set forth in Section 3377.1 for Close Custody still apply to incarcerated persons with a "D" suffix.(3) The D suffix shall be removed when either of the following occur:(A) A determination is made by health care staff that the in-patient mental health treatment is no longer necessary and/or can be provided within a celled environment.(B) A determination is made by health care staff that the in-patient medical care is no longer necessary and/or the Health Care Placement Oversight Program staff have determined appropriate celled housing is available.Cal. Code Regs. Tit. 15, § 3377.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 290, 4852.01, 5054 and 5068, Penal Code; Americans With Disabilities Act (ADA), 42 U.S.C. Section 12131, et seq.; and Pennsylvania Department of Corrections v. Yeskey (1998) 524 U.S. 206.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 290, 4852.01, 5054 and 5068, Penal Code; Americans With Disability Act (ADA), 42 U.S.C. § 12131, et seq.; and Pennsylvania Department of Corrections v. Yeskey (1998) 524 U.S. 206.
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Change without regulatory effect amend section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of printing error inadvertently omitting text (Register 91, No. 11).
9. Editorial correction of printing error in subsection (a)(9)(B) (Register 92, No. 5).
10. Amendment filed 3-27-2000 as an emergency; operative 3-27-2000 (Register 2000, No. 13). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-27-2000 order transmitted to OAL 9-5-2000; disapproval and order of repeal and deletion reinstating section as it existed prior to emergency amendment by operation of Government Code 11346.1(f) filed 10-18-2000 (Register 2000, No. 42).
12. Amendment filed 10-19-2000 deemed an emergency pursuant to Penal Code section 5058(e); operative 10-19-2000 (Register 2000, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-19-2000 order, including further amendment of subsections (a), (a)(2)(B) and (a)(3)(B) and amendment of Note, transmitted to OAL 3-27-2001 and filed 5-3-2001 (Register 2001, No. 18).
14. Amendment of subsections (b)-(b)(1)(D), repealer of subsections (b)(1)(E)-(K), amendment of subsections (b)(2)-(3), new subsection (b)(3)(A), amendment of subsections (b)(4)-(5), new subsections (b)(5)(A)-(b)(13)(B) and amendment of Note filed 11-3-2006; operative 12-3-2006 (Register 2006, No. 44).
15. New subsections (d)-(d)(3)(B) filed 11-14-2011 as an emergency; operative 11-14-2011 (Register 2011, No. 46). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-23-2012 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-14-2011 order transmitted to OAL 2-29-2012 and filed 4-5-2012 (Register 2012, No. 14).
17. Editorial correction of subsection (a)(5)(B) (Register 2013, No. 28).
18. Change without regulatory effect amending subsection (a) filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
19. Amendment of subsections (a) and (a)(2)-(a)(2)(C), new subsection (a)(2)(D), amendment of subsections (a)(3) and (a)(3)(B)-(a)(3)(C), new subsection (a)(3)(D), repealer of subsections (a)(4)-(a)(5)(D) and subsection renumbering filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed 8/23/2017 (Register 2017, No. 34).
21. Amendment of subsection (b)(10) filed 8-31-2020; operative 10/1/2020 (Register 2020, No. 36).
22. Amendment of subsections (d)(1)(A)-(B) filed 10-28-2021; operative 1/1/2022 (Register 2021, No. 44). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
23. Amendment of subsections (a)(1)(A)-(B) and (b)(13)(B) 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.
24. Amendment of subsections (a)(1)(A)-(B) and (b)(13)(B) 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.
25. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
26. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (b)(5) and amendment of Note, 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).