Cal. Code Regs. tit. 15 § 3378.4

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

Section 3378.4 - Security Threat Group Behavior or Activity

CDCR incarcerated persons shall not participate in STG related behavior. The STG Disciplinary Matrix displayed in section 3378.4(a) identifies behavior that could be documented as having a nexus to STGs.

(a) The STG Disciplinary Matrix.

The following behaviors qualify as STG behavior, when a nexus has been established between the behavior and an identified STG. The nexus shall be clearly articulated in the specific act, as well as clearly described within the narrative of the associated Rules Violation Report (RVR). The Senior Hearing Officer/Hearing Officer is required to clearly articulate the nexus to the STG related behavior in the Fact Finding and Disposition. If the Specific Act Section of the RVR and subsequent Fact Findings and Disposition do not clearly identify a nexus to STG behavior, the disciplinary process will proceed in accordance with sections 3314 or 3315. If behavior is identified which violates section 3314 or 3315, it is staff's responsibility to ensure appropriate disciplinary procedures are applied.

STG DISCIPLINARY MATRIX

Behavior With Nexus to STG	Administrative or Serious
Section 1:
a) Murder, attempted murder, solicitation of murder, or voluntary manslaughter of a non-offender or offender;	Serious
b) Assault or battery capable of causing serious injury; assault or battery with a deadly weapon or caustic substance capable of causing serious injury, solicitation for offense;
c) Taking a hostage;
d) Possession of a firearm, explosive device, or weapon which has been manufactured or modified so as to have the obvious intent or capability of inflicting traumatic injury, and which is under the immediate or identifiable control of the offender;
e) Escape or attempted escape with force or violence;
f) Rape, sodomy, or oral copulation against the victim's will.
Section 2:
a) Introduction, trafficking, or distribution of any Controlled Substance (as defined in section 3000);	Serious
b) Arson involving damage to a structure or causing serious bodily injury;
c) Possession of flammable, explosive, or combustible material with intent to burn any structure or property;
d) Extortion or threat by means of force or violence, including requiring payment for protection/insurance or intimidating any person on behalf of the STG;
e) Threatening to kill or cause serious bodily injury to a public official, their immediate family, their staff, or their staff's immediate family;
f) Any other felony involving violence or injury to a victim and not specifically identified on this chart.
Section 3:
a) Battery on a Peace Officer or non-offender not involving use of a weapon;	Serious
b) Assault on a Peace Officer or non-offender by any means likely or not likely to cause great bodily injury;
c) Assault or battery on an incarcerated person with no serious injury;
d) Destruction of state property valued in excess of $400 dollars during a riot or disturbance;
e) Theft, embezzlement, arson, destruction, or damage to another's personal property, state funds, or state property valued in excess of $400;
f) Any felony not involving violence or the use of a weapon not listed in this schedule with a direct nexus to STG Behavior.
Section 4:
a) Bribery of a non-offender;	Serious
b) Leading/Inciting a disturbance, riot, or strike;
c) Participation in, or attempting to cause conditions likely to threaten institution security;
d) Willfully resisting, delaying, or obstructing any peace officer in the performance of duties;
e) Possession of cell phone or components;
f) Acting in a leadership role displaying behavior to organize and control other offenders within the STG;
Section 5:
a) Gambling;	Serious
b) Tagging, or otherwise defacing state property valued at less than $950, with symbols or slogans intended to promote affiliation with a STG.
Section 6:
a) STG-related tattoos and/or body markings (new since most recent arrival in CDCR and not previously documented);	Serious
b) Recording/documentation of conversations evidencing STG behavior;
c) Harassment of another person, group or entity either directly or indirectly through the use of the mail, telephone, or other means;
d) Communications between offenders/others evidencing STG behavior;
e) Leading STG roll call;
f) Directing cadence for STG group exercise;
g) In personal possession of STG-related written material, including membership or enemy list, roll call lists, constitution, organizational structures, codes, training material, etc.;
h) In personal possession of mail, notes, greeting cards or other communication (electronic or non-electronic) which include coded or explicit messages evidencing STG behavior;
Section 7:
Except as otherwise specified in this section, proven attempts to commit or an offender who conspires to commit any of the above listed offenses shall receive the term range specified for that offense.	Serious
Section 8:
a) Participation in STG roll call;	Administrative
b) Participating in STG group exercise;
c) Using hand signs, gestures, handshakes, slogans, distinctive clothing, graffiti which specifically relate to an STG;
d) Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, certified symbols, signs, or other STG items which promote affiliation in a STG;
e) In possession of artwork, mail, notes, greeting cards, letters, or other STG items clearly depicting certified STG symbols;
f) In possession of photographs that depict STG association. Must include STG connotations such as insignia, certified symbols, or other validated STG affiliates.
g) In possession of contact information (i.e., addresses, telephone numbers, etc.) for validated STG affiliates or individuals who have been confirmed to have assisted the STG in illicit behavior.

(1) The Classification Staff Representative (CSR) shall audit the RHU-eligible STG related RVR to ensure:

(A) Review of compliance with procedural safeguards, i.e., time constraints and assistance to the incarcerated person, in accordance with existing policy and regulations.

(B) The specific act charged includes an STG nexus and coincides with the description of the circumstances that describes the STG behavior for which the incarcerated person was found guilty.

(C) The evidence and/or circumstances support the finding of guilt.

(D) The evidence used to establish the nexus to the STG is supported and thoroughly documented by the Senior Hearing Officer.

(E) The use of confidential information adheres to the standards for the consideration of and reliance upon in accordance with section 3321.

(F) RHU CSR shall ensure the assessment of the RHU term is consistent with the charge(s) and within departmental standards outlined in subsection 3337(g).

(2) The RHU CSR shall audit the RHU-eligible STG related RVRs in the same manner described in subsection 3378.2(d). The CSR will approve the requested actions or return the case for corrections, referral to the Chief Deputy Warden, or defer the requested actions upon discovery of any due process violations. If the case is returned, the CSR shall articulate the required corrections.

(3) If an incarcerated person is found guilty of committing a RHU-eligible offense while assigned to the RCGP, they shall complete the intervening Determinate RHU term as imposed by the ICC before returning to the RCGP.

(b) If an STG nexus is identified for an offense after the disciplinary process has been completed, for a RHU-eligible offense, as listed in subsection 3337(g); this information will be referred to the STG Lieutenant, who will document the information and forward to the hiring authority or designee where the incarcerated person is currently housed. The hiring authority shall refer this to the Chief Disciplinary Officer (CDO) to review the information/evidence and determine if the original RVR should be reissued/reheard based upon this new STG related information/evidence which was not available or reasonably discoverable at the time of the original disciplinary action. The CDO may consider the following options:

(1) If the incarcerated person's RHU MRD has been commuted for the original disciplinary offense; then no further disciplinary action would be warranted.

(2) If the incarcerated person is serving the unexpired RHU MRD for the original disciplinary offense, the CDO may order the RVR reissued/reheard, to include the STG nexus.

(3) If an ICC has suspended any portion of the RHU term for the original disciplinary offense, no further disciplinary action would be warranted.

Cal. Code Regs. Tit. 15, § 3378.4

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 (9^th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9^th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).

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 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
2. Amendment 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.
3. Amendment 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.
4. Certificate of Compliance as to 3-5-2018 order, including amendment of subsections (b)(1) and (b)(2), transmitted to OAL 8-21-2018 and filed 10-3-2018; amendments effective 10/3/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 40).
5. Editorial correction of final paragraph of subsection (a) (Register 2019, No. 22).
6. Amendment of subsection (b)(3)(A)4. 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.
7. 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.
8. Amendment of subsection (b)(3)(A)4. 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.
9. Amendment of subsection (b)(3)(A)4. 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.
10. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1/5/2022 (Register 2022, No. 1).
11. Amendment 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.
12. Amendment 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.
13. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
14. Certificate of Compliance as to 4-8-2024 order, including further amendment of section 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).