CDCR LT STUDY GUIDE Questions with Correct Solutions
Question:
1. What is Sexual Harassment?
Answer:
Sexual harassment is any unwanted, unwelcome comments, looks, or overtones. It may be
verbal, physical, or written. Supervisors and Managers are legally responsible for ensuring a
harassment free work environment. Supervisors must take immediate action if the know
harassment exist.
Question:
2. What is the C.D.C. policy concerning sexual harassment?
Answer:
1) Employees have a right to a working environment free of discrimination, of which sexual
harassment is part.
2) Employees are expected to adhere to a standard of conduct that is respectful and courtesy
Question:
3. What is the law regarding sexual harassment?
Answer:
Title VII of the Civil Rights Act prohibits discrimination against any individual with respects
on conditions or privileges on the basis of sex.
Question:
4. As a supervisor, what would you do to ensure sexual harassment is being prevented?
Answer:
1) Train and advise staff it will not be tolerated
2) Make sure employees understand the Departments position.
3) Be a role model.
4) Have a sergeant make rounds daily to monitor facility or work area.
5) Personally make rounds as much as practical.
6) Make myself approachable to staff.
Question:
5. What is Due Process?
Answer:
An established course of judicial proceedings or other governmental activities designed to
safeguard the legal rights of the individual.
,Question:
6. Inmate Appeals
Answer:
The inmate has a right to appeal anything adversely affecting him.
1) Discipline
2) Appeals
3) Classification
4) Segregation
5) Programs
Question:
7. What are the time frames to answer a CDC-602, inmate appeal?
Answer:
Inmate submit within 30 calendar days (3084.8(a)) Informal level completed within 30
calendar days First level (Sgt, Lt, or appeals coordinator) complete within 30 working days
(3084.8(1)) Second level (Warden or designee) completed within 30 working days (3084.8(2))
Third level (director or designee) completed within 60 working days More than 1 appeal
within 14 days will be considered excessive (3084.4(1)) First appeal will be processed Rest
will be suspended If abuse, inmate will be restricted to 1 appeal per month for 6 months
Question:
8. What are the exceptions to normal appeal process
Answer:
Classification appeals/ disciplinary appeals admin 115's- 2nd level review final serious 115's-
3rd level review final
(g) Disciplinary Appeals (1) A disciplinary action cannot be appealed until the hearing process
is completed, including any re hearing. (2) Inmates who wish to exhaust their administrative
remedies for "serious" disciplinary issues pursuant to section 3315 must appeal through the
third level of review. BPT decisions Emergency appeals 3084.9 (a) Emergency appeals.
Emergency appeals should not be used by inmates or parolees as a substitute for verbally or
otherwise informing staff of an emergency situation requiring immediate response. 3084.9 (1)
When circumstances are such that the regular appeal time limits would subject the inmate or
parolee to a substantial risk of personal injury or cause other serious and irreparable harm,
the appeal shall be processed as an emergency appeal. Emergency circumstances include,
but are not limited to: (A) Threat of death or injury due to enemies or other placement
concerns. (B) Serious and imminent threat to health or safety. Transfer appeals
(h) Transfer Appeals. A decision for transfer to another institution may be appealed by the
affected inmate after the transfer endorsement by the classification staff representative. (1)
Filing of an appeal of a transfer decision shall not normally be cause to stay or delay a
transfer except in extraordinary circumstances and at the discretion of the Warden or
designee. Inmate may submit 1824 reasonable modification or accommodation request for
medical or ADA appeal issues to be addressed by 15 working days.
,Question:
9. What is a CDC-114D?
Answer:
Order and hearing for placement in segregated housing explaining the charges and reasons
for the placement.
Question:
10. What is the Lieutenant's role in the CDC-114D
1) Ensure the inmates Due Process is being met.
2) Is your decision to place the inmate in Ad/Seg warranted?
3) Ensure the CDC-114D form is completed accurately.
4) Ensure the inmate is properly housed.
5) Ensure supporting documentation is given.
6) If a confidential is utilized, make sure confidential form is completed.
Answer:
Due Process in the CDC-114D
Question:
11. What is the ultimate responsibility of the Hearing Officer in a CDC-114D (Wright
Hearing)?
Answer:
Weigh all evidence and render a decision to either release or retain the inmate in Ad/Seg
reference and reasons for the action taken.
Question:
12. What are the parts of the CDC-114D?
Answer:
The original form has 4 parts, but there is a 5th part known as the CHO hearing or Wright
hearing (Wright vs. Enomoto). Part 1: Notice of reasons for placement in Administrative
Segregation. Part 2: Counsel Substitute Part 3: Waiver of hearing or of time to prepare and
request for witnesses Part 4: CHO hearing or Wright Hearing Part 5: Hearing
Question:
13. What paperwork is needed to place an inmate in ASU?
, Answer:
Inmate Photo Identification Card 114D- Administrative Segregation Placement Notice 114A1-
Inmate Segregation Profile. 7219- Medical Report of Injury/ Unusual Occurrence MAR-
Medication Transfer Form 1083- Inmate Property Inventory/ Completed and signed by inmate
Att. F (ADA appliance inventory chrono/ Even if no appliances are needed) 154- Bed Move
Request/ Signed off by medical staff and Supervisor 128MH7- Ad-Seg Mental Health
Screening Chrono/ Copy only original must be placed in UHR Copy of 1030 Confidential
Information Notice (if needed) CDCR 128B/Noting additional information or special
circumstances (if needed) 1882B Double Cell review if Inmate is to be placed in cell with
another inmate.
Question:
14. What are the Administrative Segregation Unit Placement Notice (114 D) lockup reasons /
CCR 3336:
Answer:
Presents an immediate threat to the safety of self or others. Jeopardizes integrity of
investigation of alleged misconduct or criminal activity. Endangers institutional security.
Upon release from segregation, no bed available in general population. (Must be served 114D
by at least 48 hours after lock-up, Must be seen by ICC within 10 days of placement and
reviewed every 30 days until released by ICC)
Question:
15. Inmate waivers/ Administrative review CCR 3337: Capt. Level must be first working day
after lockup:
Answer:
Inmate waives or declines interview with reviewer Inmates waives right to 72 hours
preparation time for ICC No witnesses requested by inmate Capt. Can release to facility/
retain pending ICC review D/C or S/C How many days to issue a 114d to an Inmate being
placed in Ad-Seg? You have 48 hours (2 days) to issue a 114D. Rule Violation Reports
Question:
16. On A RVR what is the Lieutenant looking for to ensure Due Process has not been violated?
Question:
1. What is Sexual Harassment?
Answer:
Sexual harassment is any unwanted, unwelcome comments, looks, or overtones. It may be
verbal, physical, or written. Supervisors and Managers are legally responsible for ensuring a
harassment free work environment. Supervisors must take immediate action if the know
harassment exist.
Question:
2. What is the C.D.C. policy concerning sexual harassment?
Answer:
1) Employees have a right to a working environment free of discrimination, of which sexual
harassment is part.
2) Employees are expected to adhere to a standard of conduct that is respectful and courtesy
Question:
3. What is the law regarding sexual harassment?
Answer:
Title VII of the Civil Rights Act prohibits discrimination against any individual with respects
on conditions or privileges on the basis of sex.
Question:
4. As a supervisor, what would you do to ensure sexual harassment is being prevented?
Answer:
1) Train and advise staff it will not be tolerated
2) Make sure employees understand the Departments position.
3) Be a role model.
4) Have a sergeant make rounds daily to monitor facility or work area.
5) Personally make rounds as much as practical.
6) Make myself approachable to staff.
Question:
5. What is Due Process?
Answer:
An established course of judicial proceedings or other governmental activities designed to
safeguard the legal rights of the individual.
,Question:
6. Inmate Appeals
Answer:
The inmate has a right to appeal anything adversely affecting him.
1) Discipline
2) Appeals
3) Classification
4) Segregation
5) Programs
Question:
7. What are the time frames to answer a CDC-602, inmate appeal?
Answer:
Inmate submit within 30 calendar days (3084.8(a)) Informal level completed within 30
calendar days First level (Sgt, Lt, or appeals coordinator) complete within 30 working days
(3084.8(1)) Second level (Warden or designee) completed within 30 working days (3084.8(2))
Third level (director or designee) completed within 60 working days More than 1 appeal
within 14 days will be considered excessive (3084.4(1)) First appeal will be processed Rest
will be suspended If abuse, inmate will be restricted to 1 appeal per month for 6 months
Question:
8. What are the exceptions to normal appeal process
Answer:
Classification appeals/ disciplinary appeals admin 115's- 2nd level review final serious 115's-
3rd level review final
(g) Disciplinary Appeals (1) A disciplinary action cannot be appealed until the hearing process
is completed, including any re hearing. (2) Inmates who wish to exhaust their administrative
remedies for "serious" disciplinary issues pursuant to section 3315 must appeal through the
third level of review. BPT decisions Emergency appeals 3084.9 (a) Emergency appeals.
Emergency appeals should not be used by inmates or parolees as a substitute for verbally or
otherwise informing staff of an emergency situation requiring immediate response. 3084.9 (1)
When circumstances are such that the regular appeal time limits would subject the inmate or
parolee to a substantial risk of personal injury or cause other serious and irreparable harm,
the appeal shall be processed as an emergency appeal. Emergency circumstances include,
but are not limited to: (A) Threat of death or injury due to enemies or other placement
concerns. (B) Serious and imminent threat to health or safety. Transfer appeals
(h) Transfer Appeals. A decision for transfer to another institution may be appealed by the
affected inmate after the transfer endorsement by the classification staff representative. (1)
Filing of an appeal of a transfer decision shall not normally be cause to stay or delay a
transfer except in extraordinary circumstances and at the discretion of the Warden or
designee. Inmate may submit 1824 reasonable modification or accommodation request for
medical or ADA appeal issues to be addressed by 15 working days.
,Question:
9. What is a CDC-114D?
Answer:
Order and hearing for placement in segregated housing explaining the charges and reasons
for the placement.
Question:
10. What is the Lieutenant's role in the CDC-114D
1) Ensure the inmates Due Process is being met.
2) Is your decision to place the inmate in Ad/Seg warranted?
3) Ensure the CDC-114D form is completed accurately.
4) Ensure the inmate is properly housed.
5) Ensure supporting documentation is given.
6) If a confidential is utilized, make sure confidential form is completed.
Answer:
Due Process in the CDC-114D
Question:
11. What is the ultimate responsibility of the Hearing Officer in a CDC-114D (Wright
Hearing)?
Answer:
Weigh all evidence and render a decision to either release or retain the inmate in Ad/Seg
reference and reasons for the action taken.
Question:
12. What are the parts of the CDC-114D?
Answer:
The original form has 4 parts, but there is a 5th part known as the CHO hearing or Wright
hearing (Wright vs. Enomoto). Part 1: Notice of reasons for placement in Administrative
Segregation. Part 2: Counsel Substitute Part 3: Waiver of hearing or of time to prepare and
request for witnesses Part 4: CHO hearing or Wright Hearing Part 5: Hearing
Question:
13. What paperwork is needed to place an inmate in ASU?
, Answer:
Inmate Photo Identification Card 114D- Administrative Segregation Placement Notice 114A1-
Inmate Segregation Profile. 7219- Medical Report of Injury/ Unusual Occurrence MAR-
Medication Transfer Form 1083- Inmate Property Inventory/ Completed and signed by inmate
Att. F (ADA appliance inventory chrono/ Even if no appliances are needed) 154- Bed Move
Request/ Signed off by medical staff and Supervisor 128MH7- Ad-Seg Mental Health
Screening Chrono/ Copy only original must be placed in UHR Copy of 1030 Confidential
Information Notice (if needed) CDCR 128B/Noting additional information or special
circumstances (if needed) 1882B Double Cell review if Inmate is to be placed in cell with
another inmate.
Question:
14. What are the Administrative Segregation Unit Placement Notice (114 D) lockup reasons /
CCR 3336:
Answer:
Presents an immediate threat to the safety of self or others. Jeopardizes integrity of
investigation of alleged misconduct or criminal activity. Endangers institutional security.
Upon release from segregation, no bed available in general population. (Must be served 114D
by at least 48 hours after lock-up, Must be seen by ICC within 10 days of placement and
reviewed every 30 days until released by ICC)
Question:
15. Inmate waivers/ Administrative review CCR 3337: Capt. Level must be first working day
after lockup:
Answer:
Inmate waives or declines interview with reviewer Inmates waives right to 72 hours
preparation time for ICC No witnesses requested by inmate Capt. Can release to facility/
retain pending ICC review D/C or S/C How many days to issue a 114d to an Inmate being
placed in Ad-Seg? You have 48 hours (2 days) to issue a 114D. Rule Violation Reports
Question:
16. On A RVR what is the Lieutenant looking for to ensure Due Process has not been violated?