CCII EXAM with complete verified solutions 2024.

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 Brainpower Read More Previous Play Next Rewind 10 seconds Move forward 10 seconds Unmute 0:01 / 0:15 Full screen 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 Developmentaly 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. If an I/M while serving a Determinate SHU term, the remaining time on the SHU term is automatically suspended, and any remaining time stayed. The remaining SHU time shall be recalculated and assessed should the inmate return to custody, as long as the inmate maintains the same CDCR identification number. If multiple SHU terms are eligible for re-imposition, only the SHU term with the most distant MERD need be addressed. In the past, existing practices have required staff to address each and every active SHU term. Any case retained in ASU must be presented for CSR review Within 30 days of the initial ICC review. Determinate SHU terms are to be referred to the CSR at the PreMERD (120 days prior to the MERD). SHU terms can be Both Aggravated and Mitigated. Aggravating a SHU Term Prior discipline have occurred within the past five calendar years. Aggravating a SHU Term Misconduct of the same or similar nature, as listed in within the last five calendar years. Aggravating a SHU Term Was planned and executed Aggravating a SHU Term Influenced other inmates commit serious Aggravating a SHU Term Misconducted directly resulted in injury to more than one victim, as documented and referenced. ICC decisions to assess a SHU term and/or referral for SHU placement shall be referred to a CSR for review and approval. In auditing and endorsing cases, the CSR shall ensure any SHU term assessment is consistent with the specific disciplinary violation that was charged and the subsequent findings, as confirmed by the CDO and ICC. Mitigating a SHU Term Now requires more information to be documented and referenced in the CDC Form 128-G and the inmate's disciplinary-free history should be considered in mitigation following the first year of CDCR incarceration: Mitigating a SHU Term No prior serious misconduct of the same or similar nature, within the last five calendar years. influenced by others to commit the offense No serious RVRs within 12 months of the behavior, or no disciplinary history during the first year of CDCR incarceration. The RVR was situational and spontaneous The RVR resulted, in part from the inmate's fear for safety, as documented and referenced. The SHU Assessment Chart Additions/Amendments: SHU terms for both "Battery' and "Assault" are now listed separately in the SHU table. "Extortion or Bribery of an Inmate" has been added. "Attempted Escape from Any Departmental Prison or Institution Other Than Camp, Minimum Security Facility, or Reentry Facility" has been added. Any inmate who conspires to commit or solicits another person to commit any of the offenses above shall receive the term specified for that offense. "Battery" and "Assaul?' have been revised to include "Caustic Substance or Other Fluids Capable of Causing Serious or Mortal Injury." "Rape, Sodomy, Oral Copulation (or any attempt) on an Inmate or Non-Inmate" has been added. Description of SHU term for weapons has changed. "Inciting Conditions Likely to Threaten Institution Security" has been added. "Trafficking" is changed to "Distribution of Controlled Substances." SHU Terms Deletions: "Assault (Attempted Battery) on an Inmate." "Battery on an Inmate" (without serious injury) unless there is a direct STG nexus or two or more in a 12 month period. "Active Participation in a Disturbance, Riot or Strike" unless there is a direct STG nexus or two or more in a 12 month period. Any assault against a person not specifically identified. "Threat to an Inmate." "Arson" unless the destruction of property is over $10,000.