Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 3348 - Conditions of Restricted Housing(a) For the purposes of this section, Restricted Housing Units (RHU) includes, but are not limited to, Enhanced Outpatient Program RHU, Correctional Clinical Case Management System RHU, and General Population RHU.(b) Living Conditions. In keeping with the special purpose of a RHU, the physical conditions of RHU will approximate those of the general population, with the exception of the physical layout of the building itself and necessary security measures that must be enforced to provide the level of security, control, and supervision required to serve that special purpose.(c) Restrictions. Whenever an incarcerated person in RHU is deprived of any usually authorized item or activity and the action and reason for that action are not otherwise documented and available for review by administrative and other concerned staff, a report of the action will be made and forwarded to the unit administrator as soon as possible.(d) Clothing. No incarcerated person in RHU shall be required to wear clothing that significantly differs from that worn by other incarcerated persons in the unit, except that temporary adjustments may be made in an incarcerated person's clothing as is necessary for security reasons or to protect the incarcerated person from self-inflicted harm. No incarcerated person shall be clothed in any manner intended to degrade the incarcerated person.(e) Meals. Incarcerated persons assigned to RHU shall be fed the same meal and ration as is provided for incarcerated persons of the general population, except that a sandwich meal may be served for lunch. Deprivation of food will not be used as punishment.(f) Mail. Incarcerated persons assigned to RHU shall not be restricted in their sending and receiving of personal mail, except that incoming packages may be limited in number and content to that property permitted in the RHU to which an incarcerated person is assigned.(g) Visits. Incarcerated persons assigned to RHU shall be permitted non-contact visits unless otherwise specified in subsection 3170.1(f).(h) Personal Cleanliness. Incarcerated person's assigned to RHU shall be provided the means to keep themselves clean and well-groomed. Haircuts will be provided as needed. Showering and shaving shall be permitted at least three times per week. Clothing, bedding, linen, and other laundry items shall be issued and exchanged no less often than is provided for general population incarcerated persons.(i) Out-of-Cell Time. Incarcerated persons assigned to RHU shall be offered a minimum of 20 hours of out-of-cell time per week, unless security and safety considerations preclude such activity. Exercise periods shall be offered a minimum of three (3) days per week for a total of not less than ten (10) hours per week. The remaining ten (10) hours may be comprised of a combination of additional exercise periods, individual or group programs, and rehabilitative programs.(j) Reading Material. Incarcerated persons assigned to RHU shall be permitted to obtain and possess the same publications, books, magazines, and newspapers as are incarcerated persons of the general population, except the quantity may be limited for safety and security reasons. Library services shall be provided and will represent a cross-section of material available to the general population.(k) Telephones. Institutions shall establish procedures for the making of outside telephone calls by incarcerated persons in RHU. Such procedures will approximate those for the work/training incentive group to which the incarcerated person is assigned.(l) Institution Programs and Services. Incarcerated persons assigned to RHU shall be permitted to participate and have access to such programs and services as can be reasonably provided within the unit without endangering security or the safety of persons. Such programs and services may include, but are not limited to: education, commissary, library services, social services, counseling, religious guidance, and recreation.(m) Visitation and Inspection. Incarcerated persons assigned to RHU shall be seen daily by the custodial supervisor in charge of the unit and by a physician, registered nurse, or medical technical assistant, and, by request, members of the program staff. A timely response should be given to such requests whenever reasonably possible. Any indication of medical or mental health distress shall be immediately referred for further evaluation.(n) Disruptive Cases. Incarcerated persons assigned to RHU who persist in disruptive, destructive, or dangerous behavior and who will not heed or respond to orders and warnings to desist shall be referred for a mental health evaluation.Cal. Code Regs. Tit. 15, § 3348
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(d) and 5054, Penal Code.
1. Renumbering of former section 3343 to section 3348, including amendment of section heading and section, 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.
2. Renumbering of former section 3343 to section 3348, including amendment of section heading and section, 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.
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
4. Certificate of Compliance as to 4-8-2024 order, including further amendment of section, 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).