In re Cabrera

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., “an inmate . . . who is involved periodically or regularly with members or associates of a gang.” (Cal. Code Regs., tit. 15, § 3378, subd. (c)(4) (hereafter section 3378)). Under section 3378, validation of an inmate as an “associate” requires at least three “independent source items of documentation indicative of association” with persons who have been classified as gang members or associates. (Ibid.) At least one of the source items must be a “direct link” to a current or former gang member or associate. (Ibid.)

The question presented for our review, which involves the meaning of this prison…