Attachment_B-MST-file.DDP-final-adopted-1.pdf

State of California Office of Administrative Law

In re:

Department of Corrections and Rehabilitation

Regulatory Action:

Title 15, California Code of Regulations

Adopt sections: 3269.5, 3312.1, 3335.5, 3369.5, 3369.6, 3369.7, 3369.8, 3369.9, 3369.10, 3369.11, 3369.12, 3369.13, 3376.2

Amend sections: 3000, 3004, 3031, 3040, 3041, 3041.1, 3044.1, 3120, 3192, 3220, 3269, 3303, 3317.1, 3318, 3344, 3370

Repeal sections:

NOTICE OF APPROVAL OF REGULATORY

ACTION

Government Code Section 11349.3

OAL Matter Number: 2025-0421-01

OAL Matter Type: Regular Resubmittal (SR)

This resubmittal action implements the Developmental Disability Program (DDP) concerning the care and treatment of incarcerated persons with developmental disabilities. The regulations provide for related definitions, orientation procedures, accessibility standards, security protocols, housing determination standards, disciplinary measures, and supports.

OAL approves this regulatory action pursuant to section 11349.3 of the Government Code. This regulatory action becomes effective on 10/1/2025.

Date: June 3, 2025

Digitally signed by Mark Storm Date: 2025.06.03 10:48:49 -07'00'

Mark Storm Senior Attorney

For: Kenneth J. Pogue Director

Original: Jeffrey Macomber, Secretary Copy: Sarah Pollock

Docusign Envelope ID: 92E500D

STATE OF CALIFORNIA--OFFICE OF ADMINISTRATIVE LAW

NOTICE PUBLICATION REGULATION SUBMISSION RESUBMITTAL

STD. 400 (REV. 10/2019)

OAL FILE

NUMBERS

NOTICE FILE NUMBER

z-

REGULATORY ACTION NUMBER

2025-0421-01SR

EMERGENCY NUMBER

For use by Office of Administrative Law (OAL) only

NOTICE REGULATIONS

OFFICE OF ADMIN, LAW

2025 APR21 PM 1:57

For use by Secretary of State only

ENDORSED - FILED

in the office of the Secretary of State of the State of California

JUN 03 2025

1:45 PMaB

AGENCY WITH RULEMAKING AUTHORITY

California Department of Corrections and Rehabilitation AGENCY FILE NUMBER (If any)

23-12

A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF NOTICE TITLE(S) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE

Notice re Proposed Regulatory Action Other

4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional)

OAL USE

ONLY

ACTION ON PROPOSED NOTICE

Approved as Submitted

Approved as Modified Disapproved/

Withdrawn

NOTICE REGISTER NUMBER

2024, 17-2

PUBLICATION DATE

4/26/24

B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION(S)

Developmental Disability Program 1b. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBER(S)

2025-0106-03S

2. SPECIFY CALIFORNIA CODE OF REGULATIONS TITLE(S) AND SECTION(S) (Including title 26, if toxics related)

SECTION(S) AFFECTED

(List all section number(s) individually. Attach additional sheet if needed.)

ADOPT

See attachment

AMEND

See attachment

TITLE(S)

REPEAL

3. TYPE OF FILING

Regular Rulemaking (Gov.

Code §11346)

Certificate of Compliance: The agency officer named below certifies that this agency complied with the provisions of Gov. Code §§11346.2-11347.3 either before the emergency regulation was adopted or within the time period required by statute.

Emergency Readopt (Gov. Code, §11346.1(h))

Changes Without Regulatory Effect (Cal.

Code Regs., title 1, §100) X Resubmittal of disapproved or withdrawn nonemergency filing (Gov. Code §§11349.3, 11349.4)

File & Print Print Only

Emergency (Gov. Code, §11346.1(b))

Resubmittal of disapproved or withdrawn emergency filing (Gov. Code, §11346.1)

Other (Specify)

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal Code Regs, title 1, §44 and Gov. Code §11347.1)

October 9, 2024 - October 24, 2024, March 6, 2025 - March 21, 2025

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d); Cal. Code Regs., title 1, §100)

X Effective January 1, April 1, July 1, or October 1 (Gov. Code §11343.4(a))

Effective on filing with Secretary of State §100 Changes Without

Regulatory Effect Effective other (Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY. ANOTHER AGENCY OR ENTITY

Department of Finance (Form STD. 399) (SAM §6660) Fair Political Practices Commission State Fire Marshal

Other (Specify)

7. CONTACT PERSON

Sarah Pollock

TELEPHONE NUMBER

(279) 223-2308 FAX NUMBER (Optional) E-MAIL ADDRESS (Optional) sarah.pollock@cdcr.ca.gov

8. I certify that the attached copy of the regulation(s) is a true and correct copy of the regulation(s) identified on this form, that the information specified on this form is true and correct, and that I am the head of the agency taking this action, or a designee of the head of the agency, and am authorized to make this certification.

Signed by:

SIGNATURE OF AGENCY HEAD OR DESIGNEE

33EFAC8AE9A148B

DATE

4/16/2025

TYPED NAME AND TITLE OF SIGNATORY

JASON D. JOHNSON, Undersecretary (A), Operations, CDCR

For use by Office of Administrative Law (OAL) only

ENDORSED APPROVED

JUN 03 2025

Office of Administrative Law

FINAL TEXT OF ADOPTED REGULATIONS

In the following text, underline indicates additional text and strikethrough indicates deleted text.

California Code of Regulations, Title 15, Division 3, Adult Institutions, Programs and Parole

Chapter 1. Rules and Regulations of Adult Operations and Programs

Article 1. Behavior

3000. Definitions.

[Section 3000 is amended to alphabetically merge the definitions below with those that exist in the regulations.]

Adaptive Functioning Deficits are cognitive impairments that impact the abilities necessary to care for oneself or to access programs, services, and activities in a correctional setting. Participants in the Developmental Disability Program (DDP) with adaptive functioning deficits require adaptive services to help them program effectively.

Adaptive Support Needs are needs a participant in the DDP may have that require adaptive support services to help them program effectively in the correctional setting.

Specific adaptive support needs vary from person to person and are unique to each individual. They can include, but are not limited to: prompts to perform self-care or activities of daily living; assistance with reading or writing; the use of slower or simple communication; and the need for staff to remind or explain rules and procedures.

Adaptive Support Services are services provided to incarcerated persons with low cognitive functioning (usually Intelligence Quotient [IQ] of 75 or below) and concurrent deficits or impairments in adaptive functioning, to help the incarcerated person program effectively and safely in the correctional setting. Adaptive support services include, but are not limited to: monitoring, prompting, coaching, or assisting with activities of daily living.

Certificate of Attendance and Participation (CAP) is a certificate of educational completion that may be awarded to eligible incarcerated persons in the Developmental Disability Program (DDP) with severe cognitive disabilities who have not made educationally expected progress on formative, summative, and standardized educational assessments pertaining to their enrolled classes. The CAP is not an academic credential.

For purposes of work and program assignments within the department, it validates that the incarcerated person in the DDP has satisfactorily completed a prescribed high school alternative course of study for employment applications, Department of Rehabilitation services, and graduation participation.

3/26/2025 1 Final Adopted Text - DDP

Developmental Disability is defined as a disability that continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual, regardless of the age of onset. It includes intellectual disability, cerebral palsy, epilepsy, and autism.

It also includes disabling conditions associated with mild or moderate memory deficits and also those found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but does not include other disabling conditions that are solely physical in nature.

Developmental Disability Program (DDP) is the department’s plan, policies, and procedures to assure identification, classification, housing, protection, and nondiscrimination of incarcerated persons with developmental disabilities and those with cognitive and concurrent adaptive functioning deficits meeting the established inclusion criteria.

Disability is a physical, mental, cognitive, or developmental condition that impairs or limits one or more major life activities of a person. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating, interacting with others, working, and the operation of a major bodily function, including but not limited to digestive, bowel, and bladder control.

Out-to-Medical means an incarcerated person is temporarily removed from their assigned institution for medical treatment.

Qualified Incarcerated Person with a Disability means an incarcerated person with a disability, who with or without a reasonable accommodation, meets the eligibility requirements for participation in programs, services, or activities provided by the department. An incarcerated person who cannot meet the eligibility requirements, even with a reasonable accommodation, is not considered qualified for the program, service, or activity.

Reasonable Accommodations are modifications to programs, services, or activities, or assistive devices provided, which make it possible for a qualified incarcerated person with a disability to achieve equal access to the department’s programs, services, or activities, without imposing an undue hardship on the department, or posing a direct threat to the health, safety, or security of the incarcerated person, supervised person, staff, institution, or anyone else.

Note: Authority cited: Sections 243(f)(4), 2717.3, 3000.03, 5058, 5058.3 and 1170.05, Penal Code; Section 10115.3(b), Public Contract Code; and Sections 4525(a), 4526 and 14837, Government Code. Reference: Sections 186.22, 243, 314, 530, 532, 600, 646.9, 653m, 832.5, 1170.05, 1203.8, 1389, 2080, 2081.5, 2600, 2601, 2700, 2717.1, 2717.6, 2932.5, 3003.5(a), 3020, 3450, 3550, 4570, 4576, 5009, 5050, 5054, 5068, 7000 et seq.

and 11191, Penal Code; Sections 1132.4 and 1132.8, Labor Code; Sections 10106, 10108, 10108.5, 10115, 10115.1, 10115.2, 10115.3 and 10127, Public Contract Code;

3/26/2025 2 Final Adopted Text - DDP and Section 999, Military and Veterans Code; Section 391, Code of Civil Procedure;

Section 297.5, Family Code; Section 4512, Welfare and Institutions Code; Sections 8550, 8567, 12838 and 12838.7, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; In re Bittaker, 55 Cal.App. 4th 1004, 64 Cal. Rptr. 2d 679; Section 11007, Health and Safety Code; Madrid v. Cate (U.S.D.C. N.D.

Cal. C90-3094 TEH); Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223; Mitchell v.

Cate, USDC ED 2:08-CV-01196-TLN-EFB; In re Garcia (2012) 202 Cal.App.4th 892;

Quine v. Beard, No. C 14-02726 JST; and Clark v California (2002) USDC-ND (No. C-96- 1486-CRB); Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat.

328.

3004. Rights and Respect of Others.

[Subsections 3004(a) through (b) are unchanged.]

[Subsection 3004(c) is amended to read:]

(c) Incarcerated or supervised persons and employees will not subject other persons to any form of discrimination because of race, religion, nationality, sex, political belief, age, physical or mental handicap disability, or other forms of discrimination prohibited by law.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code;

Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.

Article 2. State-Issued Clothing and Linen

3031. Neatness and Laundry Exchange.

[Subsection 3031(a) is amended to read:]

(a) Incarcerated persons shall be appropriately clothed at all times consistent with the specific unit, work or program activities, and as directed by staff. Incarcerated person clothing shall be worn in the manner in which it was manufactured to be worn.

[New subsection 3031(b) is adopted to read:]

(b) Staff shall provide reminders and assistance, as necessary, to incarcerated persons in the Developmental Disability Program (DDP), and monitor them to ensure they are wearing clean clothing, they have clean linens, and their laundry is being exchanged, if indicated on the incarcerated person’s automated CDCR Form 200-A (09/24), Developmental Disability Program Adaptive Support Log – Housing Unit, which is incorporated by reference, and is located in the Strategic Offender Management System

(SOMS).

[Existing subsection 3031(b) is renumbered to (c) but is otherwise unchanged.]

3/26/2025 3 Final Adopted Text - DDP

Final Adopted Text - DDP 3/26/2025 4

(b)(c) Each incarcerated person shall maintain issued clothing and linen as neat and clean as conditions permit. Weekly laundry exchange shall be provided on a one-for-one basis limited as follows:

(1) Shirts or blouses, two.

(2) Jeans or slacks, two pair.

(3) Undershirts, three.

(4) Undershorts, or panties, three pair.

(5) Sheets, two.

(6) Pillow case, one.

(7) Socks, three pairs.

(8) Towels, two.

[New subsection 3031(d) is adopted to read:]

(d) Adjustments to the above limits shall be made on a case-by-case basis for incarcerated persons with special clothing needs, including those with medical or disability needs.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

Clark v California (N.D.Cal. 2002) No. C-96-1486-CRB; In re Armstrong (N.D. Cal. 1998) No. C 94-02307 and Remedial Plan (amended January 3, 2001); Plata v. Newsom (N.D.Cal. 2001) No. C-01-1351-JST.

Article 3. Work and Education

3040. Participation.

[Subsection 3040(a) is amended to read:]

(a) It is the department’s policy to ensure that all incarcerated persons, regardless of disability, are afforded equal access to participate in programs, services, and activities.

Every able-bodied individual committed to the custody of the Secretary of the Department of Corrections and Rehabilitation, with the exception of those individuals meeting the criteria established in section 3044.1(d)(2)(B), is obligated to work as assigned by department staff and by personnel of other agencies to whom the incarcerated person’s custody and supervision may be delegated. Assignment may be up to a full day of work, or other programs including Rehabilitative Programs managed by the Division of Rehabilitative Programs (DRP), as defined in section 3000, or a combination of work or other programs. Incarcerated persons shall not be denied an assignment solely on the basis of their disability as long as they, with or without a reasonable accommodation, meet the eligibility requirements for participation.

[Subsections 3040(b) through (e) are unchanged.]

[Subsection 3040(f) is amended to read:

Final Adopted Text - DDP 3/26/2025 5

(f) Any staff request for removal of an incarcerated person from a program shall be submitted to the incarcerated person's correctional counselor on a CDC General Chrono Form. The counselor shall refer the request to a classification committee for consideration and action. If a request is for cause, defined as behavior that would result in loss of participation credit pursuant to section 3043.2(a), the incarcerated person may be temporarily relieved of the position and denied pay (if a paid position), pending classification committee action. Incarcerated persons shall not be removed due to their disability if they are able to complete the essential functions of the job, with or without reasonable accommodation.

[Subsections 3040(g) through (l) are unchanged.]

Note: Authority cited: Sections 2700 and 5058, Penal Code. Reference: Section 1182, Labor Code; and Sections 502, 2933, 5054 and 5068, Penal Code.

3041. Performance.

[Subsection 3041(a) is unchanged.]

[Subsection 3041(b) is amended to read:]

(b) Incarcerated persons must report to their place of assignment at the time designated by the institution's schedule of activities and as instructed by their assignment supervisor.

Incarcerated persons may not leave an assignment without permission to do so.

Incarcerated persons in the DDP may require prompts or reminders to attend their assignments.

[Subsections 3041(c) through (e)(2) are unchanged.]

[New subsection 3041(f) is adopted to read:]

(f) Incarcerated persons shall be afforded a reasonable accommodation based on their identified disability for any work or program assignment, as long as the incarcerated person does not meet the criteria for medically disabled under section 3044.1(d)(2)(B).

[New subsection 3041(g) is adopted to read:]

(g) For incarcerated persons in the Developmental Disability Program (DDP), evaluation for removal from a program assignment shall be done on a case-by-case basis as outlined in sections 3041.1(e), 3044.1(d)(2)(B), and 3376.2(e).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code;

and Sections 2297, 2318, 2320 and 1798 et seq., Civil Code. Clark v California (2002) USDC-ND (No. C-96-1486-CRB); Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.

Final Adopted Text - DDP 3/26/2025 6

3041.1. Paid Incarcerated Person Work/Training Assignment Criteria.

[Subsections 3041.1(a) through (d) are unchanged.]

[New subsection 3041.1(e) is adopted to read:]

(e) An incarcerated person’s Developmental Disability Program (DDP) status may not be used as the sole basis to disqualify or remove an incarcerated person from a position. An incarcerated person in the DDP may be disqualified or removed on a case-by-case basis as outlined in sections 3044.1(d)(2)(B), and 3376.2(e). Consideration for disqualification or removal from a position shall take into account factors, including but not limited to: the incarcerated person’s ability to perform the essential functions of the program with or without a reasonable accommodation, the incarcerated person’s documented disciplinary behavior, or the incarcerated person’s documented refusal to work as directed.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

Clark v California (2002) USDC-ND (No. C-96-1486-CRB); Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.

Article 3.4. Incarcerated Person Work and Privileges

3044.1. Special Assignments.

[Subsections 3044.1(a) through (d)(2)(A) are unchanged.]

[Subsection 3044.1(d)(2)(B) is amended to read:]

(B) Medically disabled. When an incarcerated person is unable to participate in any assigned work, academic, Career Technical Education program, or other such program activity assigned work or program, even with reasonable accommodation, because of a medically determinable physical or mental impairment that is expected to result in death or last six months or more, the classification committee shall place the incarcerated person on medically disabled status. The incarcerated person work group status shall be in accordance with section 3044(b)(1), Work Group A-1 and Privilege Group A, unless the incarcerated person is assigned Work Group M in accordance with subsection 3044(b)(8).

[Subsections 3044.1(e) through (h) are unchanged.]

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code

Subchapter 2. Incarcerated Person Resources

Article 3. Confidentiality and Privacy

Final Adopted Text - DDP 3/26/2025 7

3120. Incarcerated Person Library Requirements.

[Subsections 3120(a) through (c) are unchanged.]

[New subsections 3120(d) through (g) are adopted to read:]

(d) Notwithstanding reasonable circumstances for delay, library staff shall provide orientation to incarcerated persons in the Developmental Disability Program (DDP) for Law Library and other library services within 30 calendar days of the incarcerated person’s arrival at an institution. Circumstances that may warrant delay include, but are not limited to: incarcerated person refusal, modified programming at the institution, or situations that pose a threat or jeopardize the safety or security of the incarcerated person, staff, the institution, or others.

(e) Staff shall ensure an incarcerated person with a disability or an incarcerated person in need of assistance with communication is provided the necessary assistance to access library services, including, but not limited to: reading; writing; scribing departmental court, and Board of Parole Hearings forms or related documents; explaining departmental court, and Board of Parole Hearings processes or documents; identifying research materials;

and accessing electronic readers, assistive devices, and incarcerated person assistants.

(f) Staff shall not provide legal advice to incarcerated persons. Staff may provide assistance to incarcerated persons to help them identify legal resources. For an incarcerated person with a disability impacting their ability to communicate, staff shall assist, when necessary, with the completion of a letter to the court requesting assistance, due to the incarcerated person’s developmental disability.

(g) The letter to the court should include the incarcerated person’s claim that they have a disability that makes it difficult to read, write, or understand the process or legal material regarding the case.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601 and 5054, Penal Code; Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); and Bounds v.

Smith, 97 S.Ct. 1491 (1977), 430 U.S. 817. Clark v California (2002) USDC-ND (No.

C-96-1486-CRB); Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.

Article 9. Personal Property and Religious Personal Property

3192. Possession and Exchange.

[Initial paragraph is numbered 3192(a) but is otherwise unchanged.]

(a) An incarcerated person's right to inherit, own, sell or convey real and/or personal property does not include the right to possess such property within the

Final Adopted Text - DDP 3/26/2025 8 institutions/facilities of the department. An incarcerated person may not exchange, borrow, loan, give away or convey personal property to or from other incarcerated persons. Violation(s) of this rule may result in disciplinary action, and confiscation and/or disposal of the personal property.

[New subsections 3192(b) and (c) are adopted to read:]

(b) For incarcerated persons who are participants in the Developmental Disability Program (DDP) and identified with potential victimization concerns, staff are required to meet privately with the incarcerated person and query for possible victimization concerns, including but not limited to theft or destruction of property, manipulation, pressuring, and undue influence regarding their property.

(c) Staff shall meet with the incarcerated person privately, and as frequently as listed on their automated CDCR Form 200-A (09/24), Developmental Disability Program Adaptive Support Log - Housing Unit, which is incorporated by reference and is located within

SOMS.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code. Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

Subchapter 3. Incarcerated Person Activities

Article 2. Recreational and Physical Education Programs

3220. Recreational and Physical Education Program Participation.

[Subsection 3220(a) is amended to read:]

(a) All Interested incarcerated persons shall be provided an equal opportunity to participate in constructive recreational and physical education programs under safe and secure conditions, consistent with the incarcerated person's custodial classification, work/ or training assignment, privilege group and security requirements. Reasonable accommodations shall be afforded to incarcerated persons with disabilities to facilitate their participation in recreational and physical education programs.

[Subsections 3220(b) through (g) are unchanged.]

Note: Authority cited: section 5058, Penal Code. Reference: Sections 5010 and 5054, Penal Code; Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat.

328.

Subchapter 4. General Institution Regulations

Article 1.6. Incarcerated Person Housing

Final Adopted Text - DDP 3/26/2025 9

3269. Incarcerated Person Housing Assignments.

[Subsection 3269(a) is unchanged.]

[Subsection 3269(b) is unchanged but is shown for reference.]

(b) Upon arrival at an institution, facility, or Reception Center, a designated screening authority shall screen an incarcerated person for an appropriate housing assignment in a private setting. The screening authority reviewing and approving an incarcerated person's housing assignment shall evaluate all factors to be considered when completing the Initial Housing Review (IHR), including but not limited to:

[Subsections 3269(b)(1) through (19) are unchanged.]

[New subsection 3269(b)(20) is adopted to read:]

(20) Participation in the Developmental Disability Program.

[Subsections 3269(c) through (h) are unchanged.]

[Subsection 3269(i) is amended to read:]

(i) If an incarcerated person refuses a housing assignment, the incarcerated person shall be subject to the disciplinary process. Refusal to accept a housing assignment shall result in the issuance of a RVR for Conduct, subsection 3005(c), Refusing to Accept Assigned Housing, for the Specific Act of Willfully Resisting, Delaying, or Obstructing any Peace Officer in the performance of Duty (subsection 3323(f)(6)). Subsequent refusals shall result in additional disciplinary action. When the refusal involves an incarcerated person in the DDP, staff shall follow the direction set forth in section 3312.1(b).

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code;

and Quine v. Beard, No. C 14-02726 JST.

[New section 3269.5 is adopted to read:]

3269.5. Developmental Disability Program Housing.

(a) Nothing in this section shall preclude staff from making informed and sound custody and classification decisions, especially when there may be circumstances that may place an incarcerated person in the Developmental Disability Program (DDP) at risk.

(b) Incarcerated persons in the DDP shall be referred to a Classification and Parole Representative (C&PR) or Classification Staff Representative (CSR) for review and endorsement to a designated DDP institution or facility appropriate for the incarcerated person’s DDP designation (e.g., DD1, DD2, or DD3, as specified in section 3369.7), within

Final Adopted Text - DDP 3/26/2025 10

14 working days of designation or change in case factors, including change in DDP designation.

(c) If an incarcerated person’s DDP designation changes, the Mental Health Clinician that performed the incarcerated person’s assessment shall update the incarcerated person’s identified adaptive supports, as applicable, and the incarcerated person shall be referred to the C&PR or CSR for review and endorsement to a designated DDP institution or facility appropriate for the incarcerated person’s new DDP designation. Incarcerated persons with predatory case factors, as explained in section 3269.5(f), shall not be housed in DDP-designated housing areas unless the minimum exclusionary periods identified in subsection 3269.5(h) have been met. Predatory case factors, as referenced for incarcerated persons in the DDP, are factors that may place an incarcerated person in the DDP at risk of injury or other serious harm if housed with an incarcerated person with a history of predatory behavior, including manipulative behavior against an individual with a disability, especially when this behavior occurred while in custody.

(d) Custody or classification staff shall screen all incarcerated persons prior to being housed in a DDP-designated housing unit. During the intake process at receiving institutions, prior to housing incarcerated persons, custody staff are required to screen all incarcerated persons for single-cell status and compatibility as part of the Initial Housing Review (IHR). Classification staff shall review the IHR for single-cell status and housing restrictions during initial classification.

(e) In specialized housing areas (e.g., Restricted Housing Units, Enhanced Outpatient Program (EOP), Correctional Treatment Center (CTC), or Reception Centers), custody or classification staff shall screen potential incarcerated persons that may be considered for sharing a living area with an incarcerated person in the DDP. Incarcerated persons with predatory case factors that have not met the established minimum exclusionary period outlined in subsection 3269.5(h), shall not be housed with incarcerated persons in the DDP with victimization concerns.

(f) Bed Assignments. The existence of predatory case factors precludes an incarcerated person from being assigned to DDP-designated housing areas unless they have met the minimum exclusionary periods identified in subsection 3269.5(h). The following are predatory case factors that preclude an incarcerated person from being assigned to DDP-designated housing areas unless minimum exclusionary periods have been met:

(1) Found guilty of an in-custody sexual offense, or an attempt of an in-custody sexual offense.

(2) New commitments with documented incident(s) of sexual offenses against individuals with a disability.

(3) Single-cell status due to in-cell violence.

(4) Documented in-custody conduct that demonstrates victimizing or manipulative behavior against an individual with a disability, including when an incarcerated person is found guilty of a Rules Violation Report (RVR) for any of the following charges against a person with a disability:

(A) Battery.

Final Adopted Text - DDP 3/26/2025 11

(B) Assault.

(C) Criminal Threats.

(D) Extortion.

(E) Stalking.

(F) Theft.

(g) Additional exclusionary factors for housing incarcerated persons in DDP housing may be determined on a case-by-case basis if the classification committee identifies predatory case factors not listed in subsection 3269.5(f), but which meet the definition of predatory case factors in subsection 3269.5(c).

(h) The following chart provides the minimum exclusionary periods for predatory factors that are to be considered when housing other incarcerated persons with an incarcerated person in the DDP:

Predatory Case Factor Minimum Exclusionary Period

Found guilty of an in-custody sexual offense, or an attempt (e.g., rape, forcible sodomy, oral copulation, sexual battery with aggravating factors, etc.).

Permanently excluded from DDP-designated housing and housing with an incarcerated person in the DDP.

New commitments to CDCR with documented incident(s) of sexual offenses against individuals with a physical, mental, or developmental disability.

Excluded from DDP-designated housing and housing with an incarcerated person in the DDP for five years from date of reception to CDCR.

Single-cell status due to in-cell violence. Must be double-celled during the previous two years without in-cell violence.

Documented in-custody conduct (e.g., substantiated information in confidential C-File) that demonstrates victimizing or manipulative behavior against an individual with a physical, mental, or developmental disability, including when an incarcerated person is found guilty of an RVR for any of the following offenses against a person with a disability:

• Battery

• Assault

• Criminal Threats

• Extorting

• Stalking

• Theft

Three years has passed from most recent date of documentation.

Staff should use discretion and sound correctional judgement when determining appropriate housing for incarcerated persons in the DDP. Each decision made on the basis of this exclusionary factor shall be evaluated on a case-by-case basis. An incarcerated person may have committed one of the listed offenses, but it may have not been against an individual with a disability, or the

Final Adopted Text - DDP 3/26/2025 12

Predatory Case Factor Minimum Exclusionary Period circumstances surrounding the violation may lead the reviewer to believe the offense was not predatory in nature.

(i) Incarcerated persons, including those in the DDP, who have any of the identified predatory case factors specified in subsection 3269.5(f), and who have not met the established exclusionary period in subsection 3269.5(h), shall not:

(1) Be housed in a designated DDP building, unit, or wing.

(2) Share a non-DDP designated cell, bay, wing, or pod in a dorm with an incarcerated person in the DDP that has victimization noted on their automated CDCR Form 128C-2 (Rev. 09/24), Developmental Disability Program Adaptive Supports Screening Results (Adaptive Support Form), located in SOMS, which is incorporated by reference.

(j) Incarcerated persons in the DDP with any of the above-mentioned predatory case factors specified in subsection 3269.5(f) who have not met the established exclusionary period in subsection 3269.5(h), and who also have victimization concerns noted on their Adaptive Support Form can be housed in a non-designated DDP building, but cannot share a cell, bay, wing, or pod in a dorm with another incarcerated person in the DDP with victimization noted on their Adaptive Support Form, or with any incarcerated person who has predatory case factors that have not met the established exclusionary period in subsection 3269.5(h).

(k) An incarcerated person in the DDP with any of the existing predatory case factors specified in subsection 3269.5(f) who has not met the established exclusionary period in subsection 3269.5(h), shall be excluded from housing with incarcerated persons in the DDP who are prone to victimization.

(l) Custody staff, when reviewing double-celling eligibility, shall conduct an assessment to determine if the incarcerated person meets any of the predatory criteria, as specified in subsection 3269.5(f).

(1) Assessments to determine the existence of predatory factors shall include, but not be limited to, review of the following documents: CDC Form 128-B, General Chrono (Rev. 04/74), incorporated by reference; Classification Committee Notes; CDC Form 804 (08/00), Notice of Pending CDC-115, incorporated by reference; Rules Violation Reports (RVRs); Initial Housing Reviews; Confidential Files; and the Probation Officer’s Report.

(2) Custody staff shall document their double-celling determination by noting either of the following in the comments section of the automated Classification Committee Chrono (Rev. 05/19), incorporated by reference, and the Initial Housing Review:

(A) Approved to cell with incarcerated persons in the DDP.

(B) Not approved to cell with incarcerated persons in the DDP.

Final Adopted Text - DDP 3/26/2025 13

(m) Incarcerated persons in the DDP shall be housed in designated DDP housing facilities or areas unless overriding medical, mental health, or predatory case factors exist. These factors take precedence over placement in a DDP designated setting. Separate designated DDP housing areas are not required for incarcerated persons housed in medical or mental health settings, as long as the predatory case factors referenced in subsection 3269.5(f) have been reviewed, and the minimum exclusionary periods referenced in subsection 3269.5(h) have been met. Once the overriding case factors have been addressed and the incarcerated person in the DDP no longer requires housing in a specialized setting, the incarcerated person shall be endorsed and transferred to a DDP designated institution or facility, as described in subsection 3269.5(b).

(n) Incarcerated persons in the DDP shall be provided required adaptive support services while housed at a non-DDP-designated housing area due to medical, mental health, or predatory case factors.

and Quine v. Beard, No. C 14-02726 JST, Clark v. California 123 F. 3d 1267 (9th Cir.

1997), Clark v. California (2002) USDC-ND (No. C-96-1486-CRB).

Article 4. Disorders and Emergencies

3303. Safety and Security.

[Subsections 3303(a)(1) through (a)(3) are unchanged.]

[Subsection 3303(a)(4) is amended to read:]

(4) Staff and incarcerated persons shall be familiar with fire evacuation routes, exits, and procedures. An evacuation drill shall be conducted quarterly on each watch. Where such drill would jeopardize personal safety or facility security, staff shall conduct a walk-through of the procedures. Local operating procedures shall be adopted at each institution to ensure the safe evacuation of incarcerated persons with disabilities.

[Subsections 3303(a)(5) through (e) are unchanged.]

Clark v California (2002) USDC-ND (No. C-96-1486-CRB); Americans with Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.

Article 5. Incarcerated Person Discipline

Final Adopted Text - DDP 3/26/2025 14

[New section 3312.1 is adopted to read:]

3312.1 Disciplinary Methods for Incarcerated Persons in the Developmental Disability Program.

(a) Incarcerated persons in the Developmental Disability Program (DDP) are subject to discipline in accordance with this article. However, throughout the disciplinary process, staff must take into consideration each incarcerated person’s adaptive support need(s) as it relates to the alleged misconduct.

(b) For incarcerated persons in the DDP, staff shall monitor the incarcerated person’s behavior, and except as provided in subdivision (c), shall address minor misbehavior informally, utilizing verbal counseling in accordance with section 3312(a)(1). Verbal counseling includes prompting, providing clear and specific instructions, utilizing effective communication, or all the above, commensurate with the incarcerated person’s specific adaptive support need(s), and warning the incarcerated person of consequences of continued misbehavior.

(c) Should verbal counseling not correct the incarcerated person’s behavior or if the incarcerated person’s alleged misconduct is serious in nature, staff shall utilize the disciplinary methods in section 3312(a)(2) and (3). Staff must take into consideration the severity of the incarcerated person’s disability and the incarcerated person’s need for adaptive support services when determining the method of discipline. If informal intervention is successful and the incarcerated person in the DDP corrects their behavior, an RVR shall not be issued.

(1) If circumstances at the time of the misbehavior allow staff the opportunity to utilize verbal counseling, staff shall review the incarcerated person’s adaptive support need(s) and provide relevant adaptive support(s). Staff must ensure the incarcerated person understands, to the best of the incarcerated person’s ability, the consequences of continued misbehavior.

(2) The Rules Violation Report (RVR) shall include whether relevant adaptive support service(s) were provided to the incarcerated person, and the staff’s assessment of whether the incarcerated person understood, to the best of the incarcerated person’s ability, the consequences of their behavior.

(3) Attempting to correct alleged misconduct informally is not required if the circumstances at the time of the alleged misconduct did not allow staff the opportunity to provide verbal counseling to address the behavior.

(4) A CDCR Form 115-MH-A (Rev. 12/15), Rules Violation Report: Mental Health Assessment (MHA), incorporated by reference, shall be completed by a trained Mental Health Assessing Clinician (AC) for incarcerated persons in the DDP, consistent with section 3317.

(5) When adjudicating an RVR, the hearing official shall take into account the incarcerated person’s adaptive support need(s), as indicated on their automated CDCR Form 128C-2 (Rev. 09/24), Developmental Disability Program Adaptive Supports Screening Results, located within SOMS and incorporated by reference, at the time of the incident, and whether the need for adaptive support(s) contributed to

Final Adopted Text - DDP 3/26/2025 15 the alleged misconduct. Victimization, when listed on the 128C-2, must always be considered. The hearing official shall document in the disability section of the RVR whether or not each of the incarcerated person’s noted adaptive support need(s) contributed to the alleged misconduct, and the hearing official shall also document their reasoning for their determination.

(6) The hearing official shall consider the AC’s evaluation, as documented on the MHA. The hearing official shall document their consideration of the AC’s evaluation and take appropriate action to mitigate the adverse impact to the incarcerated person if the incarcerated person’s alleged misconduct that led to the RVR was related to a cognitive or adaptive functioning deficit and was found to have contributed to the incarcerated person’s behavior. The Senior Hearing Officer shall document the action taken in the Disciplinary Hearing Results section of the SOMS.

(7) The hearing official may mitigate penalties as recommended by the AC. If the hearing official does not mitigate penalties consistent with the AC’s recommendation, they shall document the reasoning for their decision.

(8) The Chief Disciplinary Officer (CDO) shall review all disciplinary methods and action in accordance with sections 3312(c)(1) and (c)(2). The CDO’s determination shall be consistent with the primary objective of the DDP, as stated in section 3369.5(a). For RVRs issued to incarcerated persons in the DDP, the CDO shall be the ADA Coordinator.

(d) The Americans with Disabilities Act (ADA) Coordinator at DDP designated institutions shall review RVRs issued to incarcerated persons in the DDP at least monthly to identify any patterns of misconduct that may be related to the incarcerated person’s developmental disability. If the ADA Coordinator determines the patterns of misconduct may be related to the incarcerated person’s developmental disability, they shall refer the incarcerated person to the DDP Clinician or Interdisciplinary Support Team for review of appropriateness of all or any of the following: the incarcerated person’s current DDP designation; classification; or program placement.

(e) If an incarcerated person in the DDP exhibits ongoing behavioral problems, institution clinical staff shall refer the case to the designated DDP Clinician, or their designee, for assistance in assessing the causes of the behavior and creating a behavior modification plan, when appropriate.

CCR, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, Incarcerated Person Discipline; Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

3317.1. Documenting Rules Violations in an Alternate Manner for Incarcerated Persons in the Mental Health Services Delivery System or the Developmental Disability Program.

Final Adopted Text - DDP 3/26/2025 16

[Subsections 3317.1(a) through (d) are unchanged.]

[Subsection 3317.1(e) is adopted to read:]

(e) For incarcerated persons in the Developmental Disability Program, if the Captain disagrees with the clinician’s recommendation to have the behavior documented in an alternate manner, the Captain’s decision shall be consistent with the primary objective of the DDP, as stated in section 3369.5(a).

3318. Assistance to Incarcerated Persons for Serious Rule Violations.

[Subsection 3318(a) is unchanged.]

[Subsection 3318(b) is amended to read:]

(b) Staff Assistant. The assignment of a Staff Assistant is mandatory for incarcerated persons in the Developmental Disability Program (DDP).

[Subsection 3318(b)(1) is amended to read:]

(1) The assigned sStaff aAssistant shall:

[Subsections 3318(b)(1)(A) through 3318(b)(1)(C) are unchanged.]

[New subsections 3318(b)(2) through (b)(2)(C) are adopted to read:]

(2) For all incarcerated persons in the DDP, the assigned Staff Assistant shall:

(A) Offer assistance reading relevant documents and completing necessary and related paperwork to prepare for the Rules Violation Report (RVR) hearing, if reading and writing is listed as an identified adaptive support need on the incarcerated person’s automated CDCR Form 128C-2 (Rev. 09/24), Developmental Disability Program Adaptive Supports Screening Results, located within SOMS and incorporated by reference.

(B) Be present at the disciplinary hearing and all interviews related to the disciplinary process including any waiver of the Investigative Employee; be present during the interview with the assigned Investigative Employee and the DDP incarcerated person; and consult with the DDP incarcerated person and confirm their decision if the DDP incarcerated person declines to postpone the RVR hearing pending the status of the referral to the District Attorney for possible criminal prosecution.

(C) Provide and assist with effective communication, to the extent possible, when carrying out duties in subsections 3318(b)(2)(A)-(B).

[Existing subsections 3318(b)(2) through (b)(4) are renumbered (b)(3) through (b)(5), and are amended to read:]

Final Adopted Text - DDP 3/26/2025 17

(23) The incarcerated person shall be informed that:

(A) The sStaff aAssistant shall keep confidential any sensitive information the incarcerated person may discloses concerning the charges for which the sStaff aAssistant was assigned unless the incarcerated person consents to disclosure or if disclosure is required by law or as described in section 3318(b)(4).

(B) All evidence and information obtained and considered or developed in the disciplinary process may be used in court if the violation has been or is to be referred for criminal prosecution.

(34) If the sStaff aAssistant becomes aware that the incarcerated person is contemplating future criminal conduct, the sStaff aAssistant shall disclose this information if necessary to protect potential victims and prevent the contemplated crime.

(45) The sStaff aAssistant shall inform the incarcerated person that all evidence and information obtained and considered or developed in the disciplinary process may be used in court if the same charges have been or are to be referred to the district attorney for possible criminal prosecution.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code. Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

Article 7. Restricted Housing

[Existing vacated section 3335.5 is re-purposed]

3335.5. Exclusions.

[New section 3335.5 is adopted to read:]

3335.5 Restricted Housing for Incarcerated Persons in the Developmental Disability Program.

(a) Notwithstanding section 3335, the following procedures shall apply to incarcerated persons in the Developmental Disability Program (DDP) housed in a restricted housing unit:

(b) Incarcerated persons in the DDP shall be provided adaptive support services, regardless of their housing setting. Mental health staff shall interview an incarcerated person in the DDP who is placed in a restricted housing unit within 24 hours of placement and notify custody staff if any changes to the incarcerated person’s adaptive support services are required.

(c) The assigned Mental Health Clinician, or designee, shall monitor all incarcerated persons in the DDP who are placed in a restricted housing unit, on a weekly basis, to determine if the incarcerated person’s prescribed adaptive support services are adequate.

Final Adopted Text - DDP 3/26/2025 18

(d) Mental Health Services shall be contacted if the incarcerated person’s condition deteriorates. The referral shall be documented on the CDCR Form 128-MH5 (Rev.

05/14), Mental Health Referral Chrono, incorporated by reference, identifying the specific reason(s) for the referral, including but not limited to recommendations for alternative placement, and adaptive support services.

(e) A psychiatric technician, or designee, shall make contact with each incarcerated person in the DDP in a restricted housing unit, on a daily basis, to monitor the incarcerated person’s adaptive functioning.

Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

3344. Assistance to Incarcerated Persons for Restricted Housing Classification Hearings.

[Subsection 3344(a) is amended to read:]

(a) The Administrative Reviewer of the automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, or official ordering an incarcerated person retained in restricted housing, shall determine the need for providing assistance to incarcerated persons placed or retained in restricted housing. Such assistance may be in the form of a Staff Assistant (SA) or an Investigative Employee (IE).

Only staff trained in the role and responsibilities of an SA or IE may be assigned. For incarcerated persons in the DDP, an SA is required to be present during the administrative review of the RHUPN when a RHUPN is required by this Article. The presence of the SA must be documented in those instances. The duties and functions of a staff member assigned to assist an incarcerated person in a classification hearing based upon an automated RHUPN (Rev. 11/23) will be separate from those described in section 3318 for a disciplinary hearing.

[Existing subsection 3344(b) is unchanged but is shown for reference purposes.]

(b) A SA shall be assigned if:

[Existing subsections 3344(b)(1) through (b)(3) are unchanged.]

[Existing subsection 3344(b)(4) is amended to read:]

(4) The incarcerated person is included in the Mental Health Services Delivery System (MHSDS),; is Developmentally Disabled in the Developmental Disability Program (DDP), with a DDP designation of DD1, DD2, or DD3;, or the circumstances surrounding restricted housing unit placement involve behavior of a bizarre or unusual nature.

[Existing subsection 3344(b)(4)(A) is unchanged.]

[Existing subsection 3344(c) is unchanged.]

[Existing subsections 3344(d) through (d)(2) are unchanged.]

[Existing subsections 3344(e) through (e)(5) are unchanged.]

[Subsection 3344(e)(6) is amended to read:]

(6) Keep confidential any sensitive information the incarcerated person may discloses concerning the charges for which the SA was assigned unless the incarcerated person consents to disclosure or if disclosure is required by law as described in section 3344(e)(8).

[Subsections 3344(e)(7) through (e)(12) are unchanged.