In re Cabrera

Opinion

BAXTER, J.

Prison regulations promulgated by California’s Department of Corrections and Rehabilitation (CDCR) set forth the procedures and substantive requirements for validating an inmate as a member or associate of a prison gang. Because gangs “present a serious threat to the safety and security of California prisons” (Cal. Code Regs., tit. 15, § 3023, subd. (b)), validation of an inmate as a gang member or associate can result in the inmate’s placement in a security housing unit (SHU).

The current dispute arose when the CDCR validated petitioner Elvin Cabrera as a gang associate—i.e.,…