Cal. Code Regs. tit. 15 § 3379

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

Section 3379 - Incarcerated Person Transfers

(a) Transfer requirements.

(1) Unless exempted within this subsection, any incarcerated person transfer shall require a classification committee action and endorsement by a classification staff representative (CSR) or expedited transfer approval by the Chief of the Population Management Unit. A classification committee action and CSR endorsement is not required in the cases of expedited transfers warranted under emergent circumstances, including but not limited to incarcerated person medical or mental health needs and transfers from one restricted housing unit to a similar restricted housing unit. Additionally, a classification committee action is not required for an incarcerated person transfer from a reception center.

(2) An incarcerated person for whom a recall of commitment report under provisions of Penal Code Section 1170(d) is required, shall not be transferred, unless for emergency medical treatment, until the report is completed. Reception center process cases shall be excluded from this provision.

(3) Except in emergencies or for special housing, incarcerated persons shall not be transferred within 90 days of their release date, or within 90 days of a Board of Parole Hearings (BPH) appearance. If a case requires transfer within the 90-day period, the appropriate BPH report shall be completed by the sending institution prior to the transfer.

(4) A warden or superintendent may temporarily suspend a scheduled incarcerated person transfer. Such suspension shall constitute a classification action and be recorded on a chrono as provided by section 3375(a)(2) of these regulations, including the reason for the action and a recommendation for an alternative program assignment.

(5) If an incarcerated person has not transferred within 90 days of CSR endorsement, the sending institution shall report that fact to the Chief, Population Management Unit, who shall prioritize the transfer based on bed availability or present the case to the next CSR for alternative action.

(6) Transfer to another state. Transfer of a California prison incarcerated person to an out-of-state prison facility shall not occur prior to the incarcerated person signing a CDC Form 294, Interstate Compact Placement Agreement, witnessed by the institution head or delegate.

STATE OF CALIFORNIA

DEPARTMENT OF CORRECTIONS

CDC 294 (REV 7/88)

INTERSTATE COMPACT PLACEMENT AGREEMENT

			DATE:

	I, ______________________________, of my own free will and accord do hereby agree to accept transfer from an institution of the California Department of Corrections to an institution of the State of ______________________________.

	I am aware that prior to the scheduled transfer I may revoke my consent to transfer. (CCR 3379) I am aware that I may be entitled to revoke my consent and transfer to an institution within California at any time more than five (5) years after transfer. In such case, the transfer shall occur within the next 30 days.

	I am aware of my right to private consultation with an attorney of my choice concerning my rights and obligations under California Penal Code Section 11191 prior to consenting to such a transfer.

	I have exercised that right: Yes __________, No __________.

	I waive my right to consultation with an attorney: Yes __________, No __________.

	I understand that I am expected to remain in an institution within the state to which I am transferred until my release unless I am returned to California by the California Department of Corrections.

	I understand that security, treatment, training and care for me will be in keeping with the standards for such programs as administered in California. I understand that my hearings for parole consideration and determination of sentence will be conducted on the same basis as if I were in a California institution.

	___________________________		___________________________
	Witness		Inmate's Signature
			___________________________
			CDC Number
	Distribution:
	Inmate's Central File
	Transporting Officer (For the receiving institution)

(7) Transfer to a federal prison. Transfer of a California prison incarcerated person to a federal prison facility shall not occur until:

(A) The incarcerated person has been informed of the right to private consultation with an attorney their choice concerning rights and obligations pursuant to Penal Code section 2911.

(B) The warden or superintendent or delegate has witnessed the incarcerated person's signing of a Federal Prison System Placement Agreement consent form and an acknowledgement of having been informed regarding rights and obligations.

(8) An incarcerated person may, prior to scheduled transfer, revoke their consent to transfer to out-of-state or federal prison.

(b) Placement in level. An incarcerated person endorsed for any level placement and transferred to an institution with several levels shall be placed in the endorsed level facility within 60 days of arrival or shall be referred to the next scheduled CSR for alternative action. A warden or superintendent may temporarily place an incarcerated person in a facility of an institution for which the incarcerated person has not otherwise been endorsed. Such placement shall not exceed 30 days without CSR review and approval. Reasons for such placement may include protection or medical needs of the incarcerated person, an incompleted investigation, disciplinary action, court proceedings, or a pending transfer.

	STATE OF CALIFORNIA	DEPARTMENT OF CORRECTIONS
	CDCR 802 (REV 07/24)

FEDERAL PRISON SYSTEM PLACEMENT AGREEMENT

			DATE:

	I, ______________________________, of my own free will and accord do hereby agree to accept transfer from an institution of the California Department of Corrections to an institution of the Federal Prison System.

	I am aware of my right to private consultation with an attorney of my choice concerning my rights and obligations under California Penal Code Section 2911 prior to consenting to such a transfer.

	I have exercised that right: Yes__________, No__________.

	I waive my right to consultation with an attorney: Yes__________, No__________.

	I am aware that prior to the scheduled transfer I may revoke my consent to transfer. (CCR 3379)

	I understand that I am expected to remain in an institution of the Federal Prison until discharged or paroled unless I am returned to California by the Department of Corrections.

	I understand that the security, treatment, training and care for me will be in keeping with the standards for such programs as administered in California by the Department of Corrections.

	I understand that my hearings for parole consideration and determination of sentence will be conducted on the same basis as if I were in a California institution.

	___________________________		___________________________
	Witness		Incarcerated Person's Signature
			___________________________
			CDCR Number
	Distribution:
	Incarcerated Person's Central File
	Transporting Officer (For the receiving institution)

(c) Disciplinary and security factors. Prior to transfer of an incarcerated person, the sending institution shall resolve any matters related to incomplete disciplinary punishment or establishment of a determinate period to be served in a RHU at the receiving facility. Disciplinary detention shall be completed, suspended, or commuted to time served. If a transfer related to misbehavior does not require RHU placement but the incarcerated person is transferred to an institution of higher level than indicated by the incarcerated person's classification score, the endorsing CSR shall establish a date for follow-up review by the receiving institution.

(d) Medical and psychiatric transfer.

(1) The sending institution shall, prior to any medical or psychiatric transfer, determine whether the incarcerated person has enemies or might be in danger at the receiving facility, and shall:

(A) Inform staff of the receiving facility by telephone prior to the transfer regarding any precautions needed to protect the incarcerated person.

(B) Make an alternate institutional transfer arrangement which will not jeopardize the incarcerated person.

(2) An incarcerated person transferred to CMF for psychiatric treatment because of acute mental illness requiring inpatient psychiatric hospitalization or because of the recency of a major mental illness or when in partial remission of such illness, is entitled to a hearing regarding the necessity for transfer. Upon arrival at CMF, such incarcerated person shall be served with the CDCR Form 1011 (Rev. 07/24), Notice of Transfer to California Medical Facility for Mental Health Treatment, which is incorporated by reference, and shall explain the incarcerated person's rights. The incarcerated person may sign the notice waiving his right to a hearing or if opposed to the transfer, may request a hearing.

(3) The hearing shall be held within seven days from arrival at CMF. If the hearing cannot be held within seven days, the incarcerated person shall be informed in writing of that fact, the reason for the delay, and of an estimated date he may expect the hearing. The hearing shall consist of a classification committee review of the case and shall include the following:

(A) Determination that the incarcerated person has received written notice of the transfer to CMF stating that the incarcerated person has a right to a hearing and that such hearings are normally held within seven days after arrival at CMF.

(B) The information relied upon in ordering the transfer to CMF shall be disclosed to the incarcerated person. The incarcerated person shall be heard in person and be permitted to present evidence, including witnesses, in his behalf.

(C) One member of the classification committee shall be a psychiatrist employed by the Department of Corrections and Rehabilitation. This person shall be an independent decision maker and shall not be the incarcerated person's treating psychiatrist at either the sending or receiving institution.

(D) Following the hearing, the independent decision maker shall inform the incarcerated person in writing of the committee's decision and the information relied upon in arriving at the decision.

(E) The incarcerated person may appeal the decision. A ruling on such appeal shall be returned within 20 working days.

(4) Periodic clinical progress reports on a CDC Form 128-C shall be made at least quarterly. A summary CDC Form 128-C report, classification action and CSR endorsement are required when an incarcerated person's program category is changed.

Cal. Code Regs. Tit. 15, § 3379

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2911, 5025, 5054, 5068, 5080 and 11191, Penal Code; Sections 8550 and 8567, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; Armstrong v. Schwarzenegger, United States District Court, N.D. Cal., No. C-94-2307 CW, Stipulation and Proposed Order issued November 30, 2006; Coleman v. Schwarzenegger, United States District Court, E.D. Cal., No. CIV-S-90-0520 LKK JFM P, Order issued November 6, 2006; and Whitaker v. Rushen (9th Cir. 1983) 720 F.2d 1132, 1135.

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 OAL12-4-87; 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 including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Editorial correction of printing errors in subsection (b), CDC Form 294 and CDC Form 802 (Register 92, No. 5).
8. Amendment of subsection (a)(1) and Note filed 1-30-96 as an emergency; operative 1-30-96 (Register 96, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-96 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-30-96 order, including further amendment of subsection (a)(1) and Note, transmitted to OAL 5-14-96 and filed 6-25-96 (Register 96, No. 26).
10. Change without regulatory effect amending subsection (c) filed 3-18-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 12).
11. New subsections (a)(9)-(a)(9)(I) and amendment of Note filed 10-30-2008 as an emergency; operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-8-2009 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 10-30-2008 order, including further amendment of section and Note, transmitted to OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).
13. Editorial correction of subsection (a)(9)(G)6. (Register 2009, No. 23).
14. Change without regulatory effect amending subsections (a)(3) and (d)(3)(C) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
15. New subsections (a)(10)-(a)(10)(B)2. filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
16. Change without regulatory effect amending subsection (d)(2) and incorporating Form CDC 1011 by reference filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
17. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5/14/2014 (Register 2014, No. 20).
18. Change without regulatory effect amending subsection (a)(1) filed 4-22-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 17).
19. New subsection (a)(11) filed 2-18-2016 as an emergency; operative 2-18-2016 (Register 2016, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-27-2016 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 2-18-2016 order transmitted to OAL 7-26-2016 and filed 9/6/2016 (Register 2016, No. 37).
21. Amendment of subsections (a)(1), (a)(5), (a)(9)(A)3. and (a)(9)(B)1. 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.
22. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed 8/23/2017 (Register 2017, No. 34).
23. Repealer of subsections (a)(10)-(a)(11) filed 4-27-2021 as an emergency; operative 4/27/2021 (Register 2021, No. 18). 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 2-1-2022 or emergency language will be repealed by operation of law on the following day.
24. Editorial correction of History 23 (Register 2021, No. 36).
25. Repealer of subsections (a)(10)-(a)(11) refiled 2-1-2022 as an emergency; operative 2/1/2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
26. Repealer of subsections (a)(10)-(a)(11) refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
27. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
28. Repealer of subsections (a)(9)(A)-(a)(9)(I) filed 1-20-2023; operative 4-1-2023 (Register 2023, No. 3).
29. Amendment of subsection (c) 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.
30. Amendment of subsection (c) 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.
31. Amendment of subsection (a)(1) filed 6-19-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).
32. 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).
33. Certificate of Compliance as to 4-8-2024 order transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).