Section 3274 - Incarcerated Person Count and Movement(a) Incarcerated person count. Every institution head shall maintain a system to account at all times for incarcerated persons under their jurisdiction. A physical count of all incarcerated persons shall be taken at least four times during each calendar day unless otherwise authorized in writing by the director. No incarcerated person activity shall be scheduled at a time which would disrupt a facility count. (1) Standing count. At least one daily count shall be a standing count wherein incarcerated persons shall stand at their cell door or, in a dormitory, shall sit on their assigned bed during the designated count time.(2) Emergency count. If staff determines an incarcerated person may be missing, an emergency count shall be conducted to determine whether an escape has occurred and, if so, the identity of the escapee. When an emergency count is announced, incarcerated persons shall return to their assigned housing, except in a medical emergency or other exception specifically authorized by the official in charge.(b) Incarcerated person movement. Each facility shall establish a schedule of routine incarcerated person movement to and from the facility's activities and assignments such as work and education, and the gym or exercise yard. (1) Appointments. A CDCR Form 129 (Rev. 07/24), Incarcerated Person Pass, shall be issued to an incarcerated person approved for movement to a scheduled non-routine appointment. Medical service and case work appointments shall not be scheduled during an incarcerated person's work or program hours unless an incarcerated person cannot otherwise obtain the service or case work.(2) Unscheduled movement. If unscheduled movement of an incarcerated person is necessary, such movement shall not take place unless the incarcerated person is escorted by staff, or a pass has been issued by staff authorizing the movement.(3) Routine movement. A gate pass shall be maintained for each incarcerated person assigned to work outside a facility's security area. The gate pass shall:(A) Not be handled by any incarcerated person.(B) Include the incarcerated person's identification photo, name, CDCR number, housing assignment, custody designation, assignment requiring the gate pass, effective date of the pass, times the incarcerated person is authorized to pass through the gate, and the signature of a facility official authorized to approve gate passes.(C) Be rescinded by staff at the level of correctional lieutenant or higher, pending a classification committee review whenever:1. A hold or detainer against an incarcerated person's release, or notice thereof, is received by the facility.2. Staff determines from the incarcerated person's behavior that the incarcerated person may require increased supervision.3. Staff receives information indicating an incarcerated person's increased escape potential.(c) Lockdown or Modified Program. Facility procedures governing the restriction of incarcerated person movement during a lockdown or modified program shall be established and updated daily during any lockdown or modified program.(d) Limited visibility. When visibility at a facility is severely restricted or a state of emergency is declared, incarcerated persons shall be confined to their housing units, except as otherwise authorized by the official in charge. In such circumstances, all incarcerated person movement shall be under the direct and constant supervision of staff.Cal. Code Regs. Tit. 15, § 3274
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079 and 5054, Penal Code.
1. Amendment filed 7-29-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment of section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 23).
4. Amendment of subsection (c) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
5. 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).