CDCR Inmate Disciplinary Procedures 2 — Questions and Answers
Question 1: What right do inmates have regarding requesting witnesses at a CDCR disciplinary hearing?
- They may request witnesses, but the SHO can deny irrelevant or redundant requests (Correct answer)
- They have an absolute right to call any witness of their choosing
- They have no right to call witnesses at disciplinary hearings
- They may only call staff witnesses, not other inmates
Correct answer: They may request witnesses, but the SHO can deny irrelevant or redundant requests
Inmates have due process rights to request witnesses, but the Senior Hearing Officer may deny requests deemed irrelevant, redundant, or that would pose a security risk.
Question 2: What does it mean when a CDCR disciplinary charge is officially 'dismissed'?
- The charges are dropped and no penalty is assessed (Correct answer)
- The inmate is automatically transferred to another facility
- The inmate serves time in administrative segregation regardless
- The hearing is indefinitely postponed
Correct answer: The charges are dropped and no penalty is assessed
When a charge is dismissed, the Senior Hearing Officer has determined there is insufficient evidence to sustain it, and no disciplinary penalty is imposed on the inmate.
Question 3: What is Administrative Segregation (Ad-Seg) primarily used for in CDCR disciplinary procedures?
- To house inmates pending investigation or who pose an immediate safety threat (Correct answer)
- To permanently punish inmates found guilty of Division A violations
- To house inmates requiring specialized medical care
- To provide enhanced programming for high-risk inmates
Correct answer: To house inmates pending investigation or who pose an immediate safety threat
Administrative Segregation is a temporary, non-punitive housing status used to house inmates who pose an immediate threat to safety or institutional security, including those pending disciplinary investigation.
Question 4: Within how many calendar days must CDCR staff complete a Rules Violation Report after a violation is discovered?
- 15 calendar days (Correct answer)
- 30 calendar days
- 7 calendar days
- 60 calendar days
Correct answer: 15 calendar days
CDCR policy requires staff to complete a Rules Violation Report within 15 calendar days of discovering the violation to ensure timely documentation and processing.
Question 5: What is 'Informal Resolution' in CDCR's disciplinary process?
- Addressing minor violations through counseling without a formal hearing (Correct answer)
- A plea agreement in formal disciplinary proceedings
- A mediation process between inmates in dispute
- An early release mechanism for good behavior
Correct answer: Addressing minor violations through counseling without a formal hearing
Informal Resolution allows staff to address minor rule violations through counseling documented on a CDC 128-B Chrono, bypassing the need for a formal disciplinary hearing.
Question 6: What penalty can be assessed against an inmate found guilty of a Division A rules violation?
- Loss of up to 360 days of credits and possible SHU placement (Correct answer)
- A written warning and mandatory counseling only
- Loss of visiting privileges for 30 days
- Mandatory enrollment in anger management classes
Correct answer: Loss of up to 360 days of credits and possible SHU placement
Division A violations, being the most serious, can result in the loss of up to 360 days of good time credits and placement in a Security Housing Unit (SHU).
Question 7: What is the purpose of the 'finding' in a CDCR disciplinary hearing?
- To state whether the inmate is guilty or not guilty and the evidentiary basis (Correct answer)
- To summarize the inmate's entire disciplinary history at the facility
- To determine the inmate's permanent housing assignment
- To recommend the inmate for transfer to a higher-security institution
Correct answer: To state whether the inmate is guilty or not guilty and the evidentiary basis
The 'finding' is the Senior Hearing Officer's official determination of guilt or innocence, along with the factual and evidentiary basis supporting that decision.
CDCR Inmate Disciplinary Procedures 2
What right do inmates have regarding requesting witnesses at a CDCR disciplinary hearing?