Inmates often complain about the rejection of their grievances, which are known as administrative appeals, when local appeals coordinators process them.
The problem increases when inmates do not fully understand the appeal system and the continuous changes made to the California Code of Regulations, Title 15 (Division 3).
notice of change
The last major overhaul to the appeal process took place in 2011, when the California Department of Corrections and Rehabilitation’s (CDCR) Regulation and Policy Management Branch (RMPB) filed an Emergency Notice of Change to Regulations (NCR) to adopt and amend sections of Title 15.
These new regulations introduced the CDCR Form 22, Inmate/Parolee Request for Interview, Item or Service. This form replaces the informal level of review on the previous CDCR Form 602.
Appeals are filed on a CDCR Form 602, Inmate/Parolee Appeal. Title 15, sections 3084 and 3084.1 through 3084.9 govern the CDCR Form 602.
There is no reference to the CDCR Form 22 in any of these sections because they do not govern this new form. Form 22 is governed by Title 15, section 3086. This section outlines the procedure on how to write sound requests.
Title 15 is in a continual state of development because the CDCR is not a static entity. Title 15 changes according to the needs of the department, the inmate population and mandates set forth in the law.
Proposed changes to Title 15 are written by CDCR and printed in NCRs; inmates sometimes refer to them as “those pink things” because of the color of the cover page.
“All CDCR regulations must be created and approved in accord with the requirements of the California Administrative Procedure Act (APA),” according to the California State Prisoners Handbook, by Heather MacKay and the Prison Law Office. “The APA is set forth (in) Government Code section 11340 et seq. The statutes requiring the CDCR to promulgate rules pursuant to the APA were passed in 1975, legislatively overruling a court decision that had held that the APA did not apply to CDCR rules.”
comments
The APA mandates that changes to regulations are made available to the public with a subsequent period for public comment. Comments may be made by attending a public hearings on specified dates and times at CDCR headquarters at 1515 S St., North Building, Sacramento, CA 95811. Public hearing are held at other locations, too, according to CDCR Public Information Officer, Kristina Khokhobashvili. Comments may also be made in writing and mailed to
CDCR RPMB,
P.O. Box 942883,
Sacramento, CA 94283-0001;
by faxing to (916) 324-6075;
or sending an e-mail to RPMB@cdcr.ca.gov.
When the public comment period ends, the state agency reviews the comments. When the rulemaking package is finalized, it is then sent to the Office of Administrative Law (OAL) for review in Sacramento. The OAL may or may not approve the rulemaking package for many reasons.
A Decision of Disapproval of Regulatory Action may be issued for some regulations. Approved regulations are forwarded to California’s Secretary of State to be updated in Title 15. regulations.
Pending regulations (NCRs) not cited in a current publication of Title 15 may be read in prison law libraries or online. Notices “shall be posted immediately upon receipt at locations accessible to inmates, parolees and employees in each department facility and field office…” pursuant to the Department Operations Manual.
NCRs can also be mailed directly to anyone who wishes to receive a copy by writing to the CDCR RPMB and requesting to be placed on its mailing list.
Regulations direct the use of CDCR forms (i.e., CDCR 22, 602, etc.). Understanding how the regulation process works can make communication between inmates and staff less adversarial, supporters say.