Cal. Code Regs. tit. 15 § 3378

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3378 - Security Threat Group Identification, Prevention, and Management

(a) Any information regarding an offender which is or may be critical to the safety of persons inside or outside an institution shall be documented as required below on a CDCR Form 812 (Rev. 11/13), Notice of Critical Case Information -- Safety of Persons (Nonconfidential Enemies), which is incorporated by reference and CDCR Form 812-C (Rev. 07/24), Notice of Critical Information -- Confidential Enemies. The CDCR Form 812, and CDCR Form 812-C and all documents referred to on the forms shall be filed in the central file of each identified offender. Any confidential material affecting the critical case factors of an offender shall conform to the provisions of section 3321. Entries on these forms shall not be a substitute for detailed documentation required elsewhere in the central file.

(b) A CDCR Form 812, and when applicable a CDCR Form 812-C, shall be completed for each newly committed or returned offender.

(1) The CDCR Form 812 and CDCR Form 812-C shall be updated as any critical information becomes known and is documented in the offender's central file. The forms shall also be reviewed and updated at the time of any change in the offender's status or placement.

(2) Any offender who claims enemies shall provide sufficient information to positively identify the claimed enemy. Any offender identified as an enemy shall be interviewed unless such interview would jeopardize an investigation or endanger any person. The results of the interview or investigation which supports, verifies or disproves the information shall be documented on a CDC Form 128-B, General Chrono.

(3) Notations on the CDCR Form 812 and CDC Form 812-C, or absence thereof, shall not be the sole basis for a staff decision or action which may affect the safety of any person.

(c) STG related allegations shall be investigated by a STG coordinator/investigator or their designee.

(d) The terms STG nexus and STG related are used synonymously in this section.

Cal. Code Regs. Tit. 15, § 3378

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al. (N.D. Cal., No. C94-2847).

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. Amendment of section heading and text and repealer and new forms filed 6-17-94; operative 7-18-94 (Register 94, No. 24).
8. Amendment of subsections (c)(2)-(3) filed 6-1-95 as an emergency; operative 6-1-95 (Register 95, No. 22). A Certificate of Compliance must be transmitted to OAL by 11-8-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-1-95 order including amendment of subsection (c)(3) transmitted to OAL 11-3-95 and filed 12-18-95 (Register 95, No. 51).
10. Editorial correction of History 8 (Register 97, No. 12).
11. Amendment of subsections (a) and (c)(2), new subsections (c)(3)-(c)(5), subsection renumbering, amendment of newly designated subsections (c)(6) and (c)(8), new subsections (d)-(f)(3) and amendment of Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
13. Change without regulatory effect amending subsection (a) and repealing and adopting new forms 812 and 812-C filed 10-23-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
14. Amendment of section and Note filed 5-25-2006; operative 5-25-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
15. Amendment of subsections (c)(3)-(4), (c)(6)(C)-(E), (c)(8)(B), (c)(8)(D), (c)(8)(F) and (g) filed 6-2-2011; operative 7-2-2011 (Register 2011, No. 22).
16. Amendment of section heading and section, including repealer of forms and incorporation by reference of new forms, filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
17. Amendment of subsection (c) and new subsection (d) filed 10-9-2017 as an emergency; operative 10/9/2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
18. Amendment of subsection (c) and new subsection (d) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).
20. Change without regulatory effect amending subsections (a)-(b)(1) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).