NOTICE OF PROPOSED REGULATORY ACTION California Code of Regulations Title 15, Crime Prevention and California Department of Corrections and Rehabilitation

Article 7. Visiting

3177. Family Visiting (Overnight).

Section 3177 initial paragraph through (b) remains unchanged, but is shown for reference.

New Subsection 3177(b)(1)(B) is adopted to read:

(B) Inmates convicted as a minor of a violent offense where the victim was a minor or family member, excluding any sex offense, shall have eligibility for family visiting determined by a classification committee provided the inmate has demonstrated sustained, positive behavior to include: no serious rules violation reports in the last five years and documented participation in self-help groups, e.g. Anger Management, Narcotics Anonymous, Alcoholics Anonymous. The classification committee shall consider the circumstances of the offense involving a minor or family victim in determining whether the inmate poses a threat of harm to visitors during a family visit. In making its determination, the classification committee shall consider, but is not limited to, arrest reports, probation officer reports, court transcripts, parole revocation transcripts.

New Subsection 3177(b)(1)(C) is adopted to read:

(C) Inmates convicted of a violent offense where the victim was a minor or a family member, excluding any sex offense, may be eligible for family visiting as determined by a classification committee providing the inmate has demonstrated sustained, positive behavior to include: no serious rules violation reports in the last ten years and documented participation in self-help groups, e.g. Anger Management, Narcotics Anonymous, Alcoholics Anonymous. The classification committee shall consider the circumstances of the offense in determining whether the inmate poses a threat of harm to visitors during a family visit. In making its determination, the classification committee shall consider, but is not limited to, arrest reports, probation officer reports, court transcripts, parole revocation transcripts.

Subsection 3177(b)(2) is amended and reorganized to read:

(2) Family visits shall not be permitted for inmates who are in any of the following categories: sentenced to life without the possibility of parole; sentenced to life, without a parole date established by the Board of Parole Hearings;

(A) dDesignated Close Custody;

(B) dDesignated a condemned inmate;

(C) aAssigned to a reception center;

(D) aAssigned to an aAdministrative sSegregation uUnit;

(E) aAssigned to a sSecurity hHousing uUnit;

(F) dDesignated “C” status;

(G) gGuilty of one or more Division A or Division B offense(s) within the last 12 months;

(H) Guilty of narcotics distribution of a controlled substance while incarcerated in a state prison, under subsection 3016(c). Loss of family visiting (overnight) in accordance with Subsection 3315(f)(5)(H).

Subchapter 4 General Institution regulations

Article 5.

3315 Serious Rule Violations

Subsections 3315(a) through 3315(f)(5)(G) remain unchanged.

(f) Disposition. Upon completion of the fact-finding portion of the disciplinary hearing, the inmate may be found:

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(5) The disposition may or when mandated shall include assessment of one or more of the following:

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Subsection 3315(f)(5)(H) is amended is amended to read:

(H) For a violation of subsection 3016(c), there shall be a loss of visits for one year to be followed by non-contact visits for two years. In addition, the following loss of family visiting (overnight) shall apply upon conclusion of the non-contact visiting restriction:

1. Loss of family visiting (overnight) program for three years for first offense.

2. Loss of family visiting (overnight) program for seven years for second offense.

3. Permanent exclusion from family visiting (overnight) program for third offense.

Subsections 3315(f)(5)(I)1. through 3315(f)(5)(I)3. are amended to read:

1. Loss of visits for 90 days, to be followed by non-contact visits for 90 days and loss of family visiting (overnight) program for one year upon conclusion of the non-contact restriction for the first offense.

2. Loss of visits for 90 days, to be followed by non-contact visits for 180 days and loss of family visiting (overnight) program for three years upon conclusion of the non-contact restriction for the second offense.

3. Loss of visits for 180 days, to be followed by non-contact visits for 180 days and loss of family visiting (overnight) program for five years upon conclusion of the non-contact restriction for the third offense.

Subsections 3315(f)(5)(J) through 3315(f)(5)(P)3. remain unchanged.

New Subsection 3315(f)(5)(Q) is adopted to read:

(Q) Violation of Subsection 3006(a) or 3006(c)(20) shall result in:

1. Loss of family visiting (overnight) program for one year for first offense.

2. Loss of family visiting (overnight) program for three years for second offense.

3. Loss of family visiting (overnight) program for five years for third offense.

These proposed changes include:

Removing the exclusionary categories of being sentenced to life without the possibility of parole; and, sentenced to life without a parole date established by the Board of Parole Hearings.

The inclusion of life term inmates in the Family Visiting (Overnight) program is an additional privilege to incentivize positive programming, encourage self-improvement, and allows the inmate to build a stronger bond with family in preparation for their successful release and/or rehabilitation, as stated in PC Section 6400.

Allowing for a classification committee case by case review of eligibility for family visits for inmates convicted as a minor of a violent offense where the victim was a minor or family member, excluding any sex offense, providing that the inmate can and has demonstrated sustained and positive behavior.

CDCR recognizes that, unlike their adult counterparts, minors who have committed a violent offense where the victim was a minor or family member may have done so because their maturity level was low and they were unable to comprehend the potential consequences of their crime, they were susceptible to peer and/or gang pressure, or they lacked a sense of personal identity at the time.

CDCR also recognizes that as a minor ages, development of the brain progresses with the likelihood of maturation into adulthood, at which time, a young adult may come to realize the wrong in their actions that resulted in a prison term and the consequences of their actions in the future. This realization by itself is deserving of the opportunity to visit with family overnight. Family reunification and support is a vital component to any inmate’s successful reintegration into society. Because an inmate who committed a crime as a minor is likely to return to family upon release, it is important to promote family reunification through various methods, to include family visits. The support offered by family is an essential part of an inmate’s rehabilitation. Allowing the potential for greater contact and time spent with family serves as a deterrent from negative behavior, promotes positive programming, self-improvement and rehabilitation. The five year disciplinary free period from serious rule violations is thought to be a reasonable time frame to show progression towards rehabilitation and self-improvement. Recognition of the inmate’s immaturity and early developmental stage was taken into account in setting the sustained disciplinary-free period at five years in relation to the ten year period put in place for an inmate who committed a violent crime where the victim was a minor or family member as an adult.

Allowing for a classification committee case by case review of eligibility for family visits for inmates convicted of a violent offense who have committed a violent crime where the victim was a minor or family member, excluding any sex offense, providing that the inmate can and has demonstrated sustained and positive behavior.

This includes a sustained disciplinary-free period from serious rule violations, and documented participation in self-help groups. A reasonable progression of in-custody positive programming is necessary during review as an adult inmate is likely to understand the potential consequences of their actions. An adult inmate has reached a much higher maturity level and has refined a greater thought process which dictates their behavior, and has a better understanding of self, more so than an adolescent. The ten year disciplinary free period is thought to be a reasonable time frame to show progression towards rehabilitation and self-improvement. In addition, allowing the ability to earn a family visit by demonstrating sustained positive programming serves as a deterrent from negative behavior, promotes positive programming and self-improvement, which in turn can increase the likelihood of successful reintegration into society and reduce recidivism.

Removes narcotics distribution, and replaces it with distribution of a controlled substance to remain consistent with the definition currently existing in Section 3000; and adds additional opportunities for inmates to be determined eligible for a family visit when previously found guilty of in-prison distribution of a controlled substance.

Current regulations permanently exclude an inmate from family visits for a first offense if found guilty of distribution of a controlled substance. These proposed revisions provide opportunities for an inmate to re-apply for eligibility for family visiting. In addition to existing loss of visiting privileges, the loss of family visits will now carry a suspension of 3 years for the first offense, 7 years for the second offense, and a permanent exclusion for the third offense. The department understands people can change for the better when given the opportunity and resources to do so. This progressive restriction provides inmates with further incentives to illustrate positive behavior and to participate in their rehabilitation.

Adds temporary suspension of family visiting privileges in addition to existing regular visiting dispositions if found guilty of violating subsections 3006(a) [possession of dangerous property] or 3006(c)(20) [possession, control of a cell phone et. Seq.].