Purpose of 1030
When ASU placement is based on confidential information a copy of the CDC 1030 must be given to the inmate at least 24 hours prior to the Classification Hearing on the Administrative Segregation order.
Confined to Quarters
No more than 10 days
MSF Exclusions
Prior deportation...
Purpose of 1030
When ASU placement is based on confidential information a copy of the
CDC 1030 must be given to the inmate at least 24 hours prior to the
Classification Hearing on the Administrative Segregation order.
Confined to Quarters
No more than 10 days
MSF Exclusions
Prior deportation, VIO, LIFE,
PC 2933.6
(1) Murder, Att Murder, Solicitation.
(2) Manslaughter.
(3) Assault or battery w/SBI
(4) Assault or battery on P/O or Non P/O with physical injury.
(5) Assault with a deadly wp or GAS
(6) Rape/Att rape, SodomyAtt oral cop
(7) Taking a hostage.
(8) Escape/Att escape with force or VIO
(9) Escape from any departmental prison or institution other than a
camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material w/intent to burn any
structure or property.
(13) Solicitation of assault with a deadly weapon or assault by means
of force likely to produce great bodily injury, arson, or a forcible
sex act.
(14) Intentional destruction of state property in excess of ($400)
during a riot or disturbance.
What is a vitek hearing?
A signed waiver of a due process hearing for voluntary cases or
certification of a due process hearing for involuntary cases. Inmates
who are considered for DMH transfer shall be advised of their rights
to a hearing regarding the transfer. If the inmate does not waive
their right to the hearing the following requirements shall be met.
The inmate shall be provided written notice of a hearing to determine
their involuntary placement in State Hospital/DMH.
,6 Elements of a VIO
Circumstance of the Offense
Injuries
Rational
Criminal Intent vs neglect
History of similar acts
Safety to public
Registration
290 Sex
11590 Drug
451 Arson (automatic VIO)
The new SHU MERD effective, June 1, 2015. Electronically Calculated
in SOMS
50 percent of the maximum MERD rather than 75 percent. This will
result in shorter SHU terms for those inmates who are discipline free
while in SHU.
Administrative and Determinate SHU TERMS
May be served concurrently (together) rather than consecutively (one
after the other)
CCR Title 15 Section 3000 revised definititons:
Clean conduct credits, MERD and Same and Similar.
The authority to order an inmate's placement in SHU shall not be
delegated below:
Correctional Lieutenant or CC II, SUP.
An inmate must be provided a copy of the ASU Placement Notice:
Upon placement in ASI-J.
The inmate shall be provided all documents concerning the reasons for
ASU placement
At least 24 hours prior to ICC.
ASU I/M returning to their endorsed prison from "OTC" or "OTM" shall
not require an updated ASU Placement Notice (CDC Form 114-D)
Unless the inmate's next scheduled ICC hearing was missed or the
circumstances for segregation have changed.
A new ASU 114D for the purposes of .retaining an inmate in SHU
Shall not require an Administrative Review.
Refusing a cell mate is no longer SHU
Program Failure C/C, CCR 3044 (b)
The ICC shall consider all available information, including inmate
comments when:
Determining the appropriate exercise yard group and any housing
restrictions. The inmate's yard assignment and housing status shall
be reviewed
at each ICC appearance.
, Subsequent 'CCs shall be conducted at intervals of not more than 180
days when:
a) pending SHU assessable (RVR) is postponed pending a court
proceeding, b) awaiting resolution of a District Attorney (DA)
referral
c) awaiting the completion of the STG validation investigation
process.
A Staff Assistant shall be assigned when:
An inmate is in the MHSDS Developmentally Disabled or Circumstances
surrounding ASU placement involve behavior of a bizarre or unusual
nature.
For Determinate SHU inmates, ICC reviews shall be no less frequent
than every
180 days following their initial SHU annual review, or sooner, as
directed by a CSR. The purpose of such reviews is to evaluate the
inmate's case factors to determine if SHU housing continues to be the
most appropriate and least restrictive placement option
I/M who are currently serving an ADMIN SHU term due to STG behavior
or disciplinary issues currently being reviewed by a UCC every 180
days.
These regulations will now require this population be reviewed every
180 days by the ICC.
The ICC may release an inmate from PSU/SHU to an available and
appropriate bed, pending CSR review for alternate placement
consideration at another institution.
Unless specified in this section, if the current institution has
other available and appropriate non SPHU housing, the ICC may release
the inmate to that program pending C&PR review (who has local
endorsement authority in this
circumstance).
An inmate shall now be housed in a PSU if the inmate is included in
the
Developmental Disability Program at the Developmental\y Disabled 3
(DD3) level and the inmate's conduct has resulted in either a
Determinate or Administrative SHU term.
The CSR shall document any pending issues, such as disciplinary
matters, DA referrals, or investigations on CDC Form 128-G
identifying
the sending institutions responsibility for resolving any outstanding
concerns.
A staff member at the rank of Captain, Correctional Counselor Ill, or
higher
may rescind the placement and order the release of an inmate in ASU
at any time prior to the initial ICC.
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