Statutes, codes, and regulations
California Code Of Regulations
Title 15 - Crime Prevention and CorrectionsDivision 3 - Adult Institutions, Programs and ParoleChapter 1 - Rules and Regulations of Adult Operations and ProgramsSubchapter 5 - Personnel
Article 2 - Employees
Section 3392.9 - Use of Administrative Time off

Cal. Code Regs. tit. 15 § 3392.9

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Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 3392.9 - Use of Administrative Time off
(a) When an employee is under investigation or subject to discipline, the hiring authority shall place an employee on Administrative Time Off (ATO) for one or more of the following reasons, unless the employee is transferred pursuant to section 3392.10, or unless, based on the circumstances of the misconduct, the hiring authority determines that ATO or transfer is not necessary to ensure the safety and security of the institution or the integrity of the investigation:
(1) The employee has been convicted of a felony.
(2) The employee is suspected of smuggling contraband.
(3) The employee has jeopardized or their continued presence will jeopardize, the safety and security of the workplace or the health and welfare of other employees, wards, incarcerated or supervised persons.
(4) The employee's continued presence in the workplace during the investigation or discipline process would undermine the department's ability to conduct a fair and thorough investigation or discipline process.
(5) The proposed discipline is likely dismissal.

Cal. Code Regs. Tit. 15, § 3392.9

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; and Case No. C90-3094-T.E.H. Class Action.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code; Armstrong et al. v. Newsom et al., United States District Court for the Northern District of California, Court Case number 94-cv-02307-CW, Madrid v. Woodford, Special Masters Final Report Re: Department Of Corrections Post Powers Investigations And Employee Discipline; Case No. C90-3094-T.E.H. and Madrid v. Woodford, Order; Case No. C90-3094-T.E.H. Class Action.

1. New section filed 12-28-2021 as an emergency; operative 1/1/2022 (Register 2021, No. 53). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-9-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-13-2022 as an emergency; operative 6/13/2022 (Register 2022, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-12-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-13-2022 order, including renumbering of former section 3392.9 to new section 3392.10, renumbering of former section 3392.8 to section 3392.9 and amendment of NOTE, transmitted to OAL 9-12-2022 and filed 9-29-2022; amendments effective 9/29/2022 pursuant to Government Code section 11343.4(b)(3)(Register 2022, No. 39).
4. Change without regulatory effect amending subsection (a)(3) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).