Department Operations Manual

61010.1 Policy Penal Code (PC) § 2900 provides that defendants sentenced to state prison shall be delivered to the custody of the Secretary at the place designated by the Secretary to serve the term of imprisonment ordered by the court. 61010.2

61010.2 Purpose This Section establishes standard procedures for the orderly reception, processing, and transfer of inmates into the California Department of Corrections’ and Rehabilitation (CDCR) institutions. 61010.3

61010.3 Reception Center (RC) Processing CIM, CCI, DVI, HDSP, NKSP, RJD, SQ, and WSP are designated to receive and process male felons committed to the jurisdiction of the CDCR. CIW, CCWF, and VSPW are designated to receive and process all female felons committed to the CDCR. Reception of Condemned Males Condemned male inmates shall be received and housed at SQ. Reception of Condemned Females Condemned female inmates shall be received and housed at CCWF. Reception of Civil Addicts Female and male civil addict commitments shall be received at CRC and processed in accordance with the Board of Parole Hearings procedures. 61010.4

61010.4 RC Processing Staff – Responsibility RC staff shall collect social and criminal history information on each inmate received by the CDCR as well as interview and test all newly received inmates. Social History/Staff Reports The counselor shall complete an Institutional Staff Recommendation Summary (ISRS) or CDC Form 816, CDC Form 812, CDC Form 839, or CDC Form 840, or CDC Form 841, and the Social Factor Sheet, all of which are explained in detail in DOM §§ 61010, 61020, and 61030. Institution Gang Investigator (IGI) Referral The counselor, in conjunction with the IGI, shall also complete a CDC Form 812-A, Notice of Critical Information – Prison Gang Identification, as required. Prison Gang Involvement Inmates shall be advised that any involvement with a prison gang may result in segregated housing placement. United States Immigration and Naturalization Service (USINS) Referral The counselor shall refer all inmates, including parole violators, who are foreign born, to the USINS for deportation hold determination by completing a CDC Form 850, Detainer Summary. Psychiatric/Medical Referral Inmates shall be referred to psychiatric and medical staff as necessary for diagnosis, treatment, or recommendations. Inmate Orientation RC processing provides the inmate with an orientation to prison life, introduction to available programs, and initial preparation for release. 61010.5

61010.5 Notification of Rules and Available Programs Within 14 days of arrival at an RC, inmates shall be furnished written information concerning program availability for reduction of sentences as required by PC § 2930. Inmates shall be issued a current copy of the California Code of Regulations (CCR) and treatment programs available at each institution. 61010.5.1

61010.5.1 Documentation in C-File CDC Form 128-O Each inmate shall sign a CDC Form 128-0, Chrono-Document Receipt, indicating receipt of notification of rules and available programs. A copy of the signed CDC Form 128-0 shall be placed in each inmate ’ s C-file. 61010.6

61010.6 Withdrawal of Inmate Trust Funds Counselors involved in the processing of initial commitments to the CDCR and the readmission processing of parole violators or persons returned to the CDCR shall determine if the inmate has or anticipates any outstanding debts or other financial obligations, which may require funds be withdrawn from their trust account for transmittal to any business, agency, or individual. This does not include withdrawals for purchases or for other payments/reimbursements to the CDCR, nor does it include any debt or financial obligation, which will be met for the inmate by other means. A summary of this determination shall be noted on the CDC Form 825, Trust Withdrawal Case Information. 61010.7

61010.7 RC Transfers General Transfers from the RCs shall be based on the recommendations of the counselor and supervising counselor or classification committees subject to Classification Staff Representative (CSR) approval. 61010.8

61010.8 CDC Form 839, 840, and 841 Classification and reclassification of inmates will normally be made pursuant to the CDCR Inmate Classification Score System, except when in the exercise of the discretion and judgment of departmental officials it is deemed necessary to deviate from that classification score system. Deviations from the system shall be made on an individual case for the purpose of ensuring the safety of inmate(s), correctional personnel, and the general public as well as for special institutional and/or programming needs. 61010.8.1

61010.8.1 When to Use the CDC Form 839 Processing Newly Received Felon Inmates All felon inmates who are newly received in the CDCR shall be scored on a CDC Form 839. An inmate who has served a prior term in the CDCR, but whose commitment is subsequently discharged, shall be processed as a newly received felon inmate. Parole Violators will not be scored on the CDC Form 839. Parole Violators Returned to Custody (PVRTC) and Parole Violators With a New Term (PVWNT) will be scored on the CDC Form 841. Processing Adverse and Non-Adverse Transfer Cases from California Youth Authority (CYA) A newly received felon inmate who arrives directly from DJJ/CYA placement to a CDCR RC, either because the inmate has reached the maximum age allowed to remain housed in CYA or the inmate was moved to CDCR as a “ program failure ” and/or received a felony commitment while housed in CYA, shall be processed with both a CDC Form 839 and a CDC Form 840. The date of arrival in CYA shall be recorded as the Date Received CDC. The CDC Form 839 shall then be prepared as it would have been prepared at the time that the inmate arrived in CYA. A CDC Form 840 shall then be prepared which records the inmate's positive and negative behavior while incarcerated in CYA. An ISRS shall also be prepared. Processing CYA Parolees Sentenced to State Prison An inmate who receives a sentence to state prison while on CYA Parole shall be handled as a newly received felon inmate. The Date Received CDC shall be recorded as the actual date received in the CDCR RC. A CDC Form 839 shall be prepared. Documented CYA behavior shall be recorded as Prior Incarceration Behavior. Processing Civil Addict Commitments Excluded from the California Rehabilitation Center (CRC) An inmate who has been excluded from the Civil Addict Program shall be processed as a newly received felon inmate. The Date Received CDC shall be recorded as the actual date received in the CDCR RC. A CDC Form 839 shall be prepared. Evaluate any serious in-custody disciplinary behavior that occurred during the inmate ’ s Civil Addict commitment for documentation in the Prior Incarceration Behavior section of the CDC Form 839. Processing Interstate, Federal, and International Placements received from other jurisdictions SACCO (Sacramento Central Office) Cases • A SACCO case is one of the following: • An inmate who was sentenced to serve a prison term in California, but is serving a concurrent or consecutive term in a facility in another jurisdiction; or • An inmate who served time in a county jail was, sentenced to serve a prison term in California, and was released before being transferred to an RC to undergo processing because the time served in county jail was equal to or exceeded the prison sentence at the time of sentencing. • Processing SACCO cases returned to the CDCR from another agency. • SACCO cases with a CDC Form 839. A SACCO case who was processed through a CDCR RC and has had a CDC Form 839 prepared prior to transfer to another federal or state agency and who is returned from the other agency to finish the term imposed by California, shall have a CDC Form 840 prepared to update the inmate's Placement Score. The CDC Form 840 shall reflect the adjustment to incarceration while housed in the other jurisdiction. An ISRS shall also be prepared. • SACCO cases without a CDC Form 839. A SACCO case who was not processed through an RC, but who subsequently returned to California to finish his or her term, shall have both a CDC Form 839 and a CDC Form 840 prepared. The Date Received CDC on the CDC Form 839 shall be the date that is reflected on the CDC Form 112 or the Legal Status Summary. A CDC Form 840 shall also be prepared to update the inmate ’ s placem ent score to reflect the inmate’ s adjustment to incarceration while housed in the other jurisdiction. An ISRS shall also be prepared. • Processing SACCO cases returned from parole. If a SACCO case, who served time in a county jail or another jurisdiction, was released to parole and then returned to prison as a Parole Violator or a Parole Violator with a New Term, a CDC Form 839 and a CDC Form 841 shall both be prepared. The Date Received CDC recorded on the CDC Form 839 shall be the date indicated on the CDC Form 112 or the Legal Status Summary. The Date Received This Incarceration, recorded on the CDC Form 841, shall be the date of arrival at the RC. The CDC Form 841 shall be pre pared to update the inmate’ s placement score. This score sheet shall include the inmate's adjustment to incarceration while housed in the other jurisdiction as well as record any changes in term points. The Date Paroled is the date that the inmate paroled from the CDCR term. An ISRS shall also be prepared. Western Interstate Corrections Compact (WICC) and Interstate Corrections Compact (ICC) Cases A WICC/ICC case may be either a California inmate serving a term as a boarder in another state or federal jurisdiction or an inmate who is being boarded in California, but serving a term imposed by another state or federal jurisdiction. • WICC/ICC cases arriving at an RC in California from another jurisdiction. WICC/ICC cases arriving at an RC in California from another jurisdiction shall have a CDC Form 839 prepared during RC processing. The date that the inmate arrived in the CDCR RC shall be recorded as the Date Received CDC. Positive or negative behavior exhibited in the previous jurisdiction shall be recorded on the CDC Form 839 under “ Prior Incarceration Behavior. ” An ISRS shall also be prepared. • WICC/ICC cases returned to California. When a California felon inmate serving a term as a boarder in another state or federal jurisdiction is returned to California, designated staff shall prepare a CDC Form 839. The date of the inmate's original “ term starts ” date as noted on the Legal Status Summary shall be recorded as the Date Received CDC. A CDC Form 840 shall be prepared to update the inmate ’ s Placement Score based on the inmate ’ s adjustment to incarceration in the other jurisdiction. An ISRS shall also be prepared. If the inmate had been released to parole and has since returned to the RC, a CDC Form 841 shall be prepared instead of a CDC Form 840. The inmate ’ s previous incarceration behavior and program shall be documented on an ISRS. • Family Foundations Program (FFP) Program Failures and FFP Cases Returned from Parole. The Family Foundations Program is an alternative sentencing program for pregnant or parenting women sentenced to state prison with children under the age of six. Under the authority of Penal Code § 1174.4, the Court may impose a state prison sentence with the recommendation that the defendant participate in the program. A female inmate who is sentenced to state prison by the court and subsequently accepted for the Family Foundations Program is not received at a reception center. The inmate is transferred from the county jail directly to the program. Although the inmate is issued a CDC number, a score sheet is not prepared for these inmates. Participation in the program is voluntary and the expectation is that the female inmate will complete the 12-month program prior to release back to the community. A program failure at the FFP will result in the inmate being transferred to a CDCR reception center to serve the remainder of her original sentence. • Processing FFP Inmates Received at a Reception Center as program failures. • The inmate shall undergo reception center processing in the CDCR. • A CDC Form 839, Classification Score Sheet, shall be prepared. • The date that the inmate was received at the FFP shall be entered as the Date Received CDC on the CDC Form 839. • A CDC Form 840 shall also be prepared to reflect the inmate ’ s adjustment to the FFP when favorable behavior points or unfavorable behavior points need to be recorded. • Processing FFP Inmates Received at the Reception Center as Parole Violators. • An inmate who was released to parole from the FFP, but returned to prison as a parole violator, shall have both a CDC Form 839 and a CDC Form 841 prepared. • The date that the inmate was initially received at the FFP shall be entered as the Date Received CDC on the CDC Form 839. • The date that the inmate was returned to the reception center shall be entered as the Date Received This Incarceration on the CDC Form 841. • Favorable and/or Unfavorable Behavior points for the period in FFP until parole shall be recorded on the CDC Form 841. 61010.8.2

61010.8.2 When to use the CDC Form 840 The CDC Form 840 shall be completed as part of the regular reclassification process. It is intended to provide a cumulative record of the inmate ’ s institutional adjustment and changes in case factors. A CDC Form 840 shall also be completed on each of the following: • An escapee. • A Community Correctional Reentry Center (CCRC) failure. Refer to DOM § 61020.19 for instructions to complete the CDC Form 840. 61010.8.3

61010.8.3 When to use the CDC Form 841 The CDC Form 841 is prepared when an inmate’s parole status has been revoked, the inmate has been returned from parole to a reception center, and the parole period has been suspended. A CDC Form 841 shall also be completed for an inmate whose parole is lawfully revoked because he/she refused to sign conditions of parole. If the inmate is not physically paroled to the community, the inmate’s status shows that he/she has been paroled, revoked, and returned the same day. A CDC Form 841 shall not be completed for any of the following cases: • An inmate returned to the CDCR, but then Continued On Parole (COP) by the BPH. • A parolee who was revoked by the BPH, but not returned to the CDCR. • An inmate who has been returned to the CDCR from parole, but is still considered a “ parolee. ” Examples of these situations are a SATCU case returned for drug treatment/ “dry out” or an inmate returned for “ psych treatment ” only. In these types of situations, the inmate ’ s parole period continues uninterrupted. Refer to DOM § 61020.20 for instructions to complete the CDC Form 841. 61010.9

61010.9 Procedures The Counselor The counselor shall review all relevant documents available during the RC process to complete the score sheet. Since the Placement Score usually determines the institution to which the inmate will be assigned, it is extremely important that the information considered be as complete as possible. The Probation Officer’s Report (POR) is the document of choice when information conflicts; the POR is reviewed by legal counsel and the court and contents may be challenged in court. Inmate Interview In the process of completing the CDC Form 839, 840, or 841, the counselor shall interview the inmate. In the interview the inmate shall be informed of the nature and purpose of the CDC Form 839, 840, or 841 and allowed to verbally contest specific score items and other case factors on the form. Documentation for score items that is absent or conflicting shall be discussed during the interview. The inmate shall be responsible for providing documentation to support his or her challenge of information on the CDC Form 839. Corrections Counselors are responsible for initiating a corrected CDC Form 839, 840, or 841 when the inmate or other party presents verifiable documentation, which supports the change. When the change to the score results in a different security level, the inmate shall be referred to the appropriate classification committee and subsequently to a CSR. (Refer to DOM § 61020.20.9 for instructions in the correction process.) Reflects the Inmates Status at Time of Reception The CDC Form 839 score reflects the inmate ’ s status at the time of reception and, apart from correcting errors of fact, remains the same during incarceration. During incarceration the inmate will have opportunity to earn favorable behavior points (documented on CDC Form 840 and CDC Form 841) to lower the total score. After the counselor has completed the CDC Form 839, 840, or 841 and other case summary material and printed his/her name in the appropriate boxes on the form, the CDC Form 839, 840, or 841 shall be reviewed by the supervising counselor for accuracy and completeness.

61010.9.1 Requesting an Archive File To ensure accurate classification and appropriate placement of inmates, available information regarding an inmate’s prior incarceration is to be reviewed and considered as part of a thorough, objective evaluation of the inmate’s security and custody needs. The counselor shall order and review an archive file upon discovery that the inmate has a prior CDCR term, Civil Addict commitment, DJJ, or CYA commitment, which has not been previously reviewed and incorporated into the inmate’s current C -file. If the inmate was incarcerated in a federal institution or out-of-state, an attempt shall be made to get a synopsis of the inmate’s prior incarceration behavior. (See also DOM § 61020.12.) 61010.10

61010.10 Distribution of Copies/C-File Placement The CDC Form 839 shall be temporarily attached to other documents prepared by the RC staff and placed in the classification portion of the C-file when presented to a CSR as described in DOM § 61030. Following CSR action the original shall be permanently placed in the classification section of the C-file, a copy of the CDC Form 839 shall be provided to the inmate. The computer copy shall be reviewed for legibility and computation. Computer copies shall be compiled and mailed weekly to: Department of Corrections and Rehabilitation Information Quality Support Section P.O. Box 942883

942883 Sacramento, CA 94283-0001 61010.11

61010.11 Instructions for Completing the CDC Form 839 The CDC Form 839 shall be written on a hard surface with ballpoint black ink pen only. Do not use pencil or felt, fiber, or other soft tip pens. This is required so that the printing will come through clearly on the self-carbonized copies. The Information Quality Support Section cannot accept items, which have been erased or marked over to correct because the copies will not be legible. Destroying the erroneous form and completing a new CDC Form 839 shall correct errors detected before copies are distributed. Key data entry operators read only those letters and numbers which are inside the boxes on the form. Therefore, underlining and notations in the margins are permitted. Do not write more than one letter or number in each box. Right Hand Justified Numbers are to be right-hand justified; that is, end in the box furthest to the right with any empty boxes on the left. The most common problem is zeros that look like sixes, and vice versa, so take special care making these two numbers. Except as noted in these instructions, any unused letter or number item is simply to be left blank. On the CDC Form 839 box numbers appear to the right, but refer to the first box on the left of each field. 61010.11.1

61010.11.1 Identifying Information CDC Number (Boxes 1 through 6) At the bottom of the CDC Form 839, first print the CDC number for the inmate in boxes 1-6 from information obtained from the Legal Status Summary. Print the letter prefix (such as C, D, or W) in Box 1. Print the numbers in Boxes 2 through 6, always ending in Box 6. Do not enter a letter in the number boxes. Example: D- 27854

27854 D 2 7 8 5 4 Inmate’ s Last Name (Boxes 7-11) Print the first eight letters of the inmate’s last name using, CAPITAL BLOCK letters. Do not use lowercase or written script letters. Letter boxes are left- hand justified. Begin printing the name in the box furthest to the left and end with any empty boxes on the right. If the name consists of more than eight letters, enter only the first eight letters of the inmate’s last name. Although eight boxes are provided on the score sheet, the database captures only the information in Boxes 7-11 or the first five letters entered. For names with less than eight letters, leave empty the remaining boxes to the right. If the last name is two words, run the words together. Do not leave an empty box in between letters. Example: Mac Knight M A C K N I G H Date Received CDC (Boxes 12-17) For newly received felon inmates the Date Received CDC is the date that the inmate physically arrived at the RC. This date is noted on the CDC Form 112 and the Legal Status Summary. Enter this date in the boxes. A zero need not be entered in front of a single digit month or day, but must be entered as part of the two digits for the year when applicable. Some exceptions to this process are outlined in DOM § 61010.8.1. County of Last Legal Residence (CLLR) (Boxes 18-20) This information is obtained from the POR, sentencing transcripts, or arrest report. For new commitments, the CLLR is the county of residence prior to incarceration. If the POR identifies that the inmate last resided out-of-state or was a transient prior to his or her commitment, the CLLR shall be the county of commitment. If the inmate transfers to the CDCR to serve a term from another state or federal jurisdiction, use the code “ WIC ” as the CLLR. Print the two or three letter OBIS code for the county name in Boxes 18-20. ALA Alameda ORA Orange ALP Alpine PLA Placer AMA Amador PLU Plumas BUT Butte RIV Riverside CAL Calaveras SAC Sacramento CC Contra Costa SB Santa Barbara COL Colusa SBD San Bernardino DN Del Norte SBT San Benito ED El Dorado SCL Santa Clara FRE Fresno SCR Santa Cruz GLE Glenn SD San Diego HUM Humboldt SF San Francisco IMP Imperial SHA Shasta INY Inyo SIE Sierra KER Kern SIS Siskiyou KIN Kings SJ San Joaquin LA Los Angeles SLO San Luis Obispo LAK Lake SM San Mateo LAS Lassen SOL Solano MAD Madera SON Sonoma MAR Marin STA Stanislaus MEN Mendocino SUT Sutter MER Merced TEH Tehama MNO Mono TRI Trinity MOD Modoc TUL Tulare MON Monterey TUO Tuolumne MPA Mariposa VEN Ventura NAP Napa YOL Yolo NEV Nevada YUB Yuba Form Identification (Boxes 21-29) At the top of the CDC Form 839, three blank boxes are labeled “New,” “Correction,” and “Delete.” Place an “X” in the appropriate box. • Print an X in the “New” box (Box 21) if the inmate is a new felony commitment and has no previous CDC Form 839 for this commitment. • Print an X in the “Correction” box (Box 22) if the form is being completed as a correction to a previously submitted CDC Form 839. Enter the date of the correction in the boxes provided. • Print an X in the “Delete” box (Box 29) when a CDC Form 839 was completed for an inmate in error and the document is to be deleted. For example, a PV-RTC was misidentified upon reception as a new commitment and a CDC Form 839 was completed instead of a CDC Form 841. For more information on the preparation of “ correction ” and “ deletion ” documents refer to DOM §§ 61020.20.9 and 61020.20.10. 61010.11.2

61010.11.2 Background Factors There are two lines at the beginning of this Section that are identified as the First Arrest Date or Age and the Date of Birth. • Enter the date of the inmate’s first arrest or age at first arrest. This information may be on the CI&I, the POR, sentencing transcripts, or provided verbally by the inmate. • Enter the birthdate found on the Legal Status Summary. Age at First Arrest (Boxes 30-31) Calculate the inmate’s age at first arrest based on the date of the inmate’s first arrest. If there is no record of arrests prior to the commitment offense, use the date that the inmate was arrested for the current commitment offense. If there is a record of the “age” of first arrest, but no date is given, use the age given. If there is a record of the “year” of first arrest, but no date, use the age the inmate would have become during that year. Age at First Arrest is the record of an arrest regardless of the outcome. A sustained petition or conviction is not required. • Contact with law enforcement that is noted as “ detention only ” shall not be considered an arrest. If during the interview, the inmate voluntarily indicates that he/she was first arrested at a younger age than is documented, use that information, and enter “per inmate” on the CDC Form 839. Document the inmate ’ s statement within the ISRS. When the Age at First Arrest is determined, drop the months and use the full year, and apply that information to the Age at First Arrest Matrix. Enter the corresponding point value in Boxes 30-31. If the value is zero, enter zero. Enter all single digit numbers in Box 31. Age at Reception (Box 32) Using the date of birth and the Date Received CDC, calculate the Age at Reception. When the Age at Reception is determined, drop the months and use the full year. Apply that information to the Age at Reception Matrix. Enter the corresponding point value in Box 32. This is always a single digit value. If the value is zero, enter zero. Term in Years (Boxes 33-34) Enter the number of years of the total term between the brackets provided on the form. The number of years is documented on the Legal Status Summary. • A sentence of death or life without possibility of parole shall result in a maximum score of 50. • For sentences of 25 years-to-life for murder (including conspiracy), the base term is 25 years. • For sentences under PC § 667.7 with a term of life without parole for 20 years, the base term is 20 years. • For all other life sentences, the base term is 15 years. This includes Third-Strike and non-murder life sentence of 25 to life. • Any enhancements or determinant terms for other counts or offenses to be served consecutive to a life term shall be added to the base term before calculation of the term score. Drop the months and use full years. • Multiply the number of years by two (2) and enter this value in Boxes 33 and 34. Any single digit value is entered in Box 34. • The maximum number of points for term in years is 50. • If the sentence is less than one year, enter zero. If an inmate ’ s term changes during this incarceration, do not prepare a correction to the CDC Form 839. Prepare a CDC Form 840 and complete the Section F #4 “ Change in Term Points. ” Term points shall be based on the inmate’s total term as identified on the most current Legal Status Summary. Street Gang/Disruptive Group (Boxes 35-38) For the purpose of Placement Score evaluation, if available information indicates that the inmate is or has been involved with gang activity; enter six (6) points in Box 35. An inmate’s housing preference alone is not indicative of gang activity. Do not assess points unless the Method of Verification Code is one of those listed. “Validation” by an IGI is not required in order to identify and document street gang/disruptive group activity for the purposes of assessing a score on the CDC Form 839. Points are applied for involvement in street gang/disruptive group activity. Points are not assessed for prison gang membership. Unless there is a record of street gang or disruptive group activity for this inmate, you will not apply points for street gang / disruptive group activity. For example, if the inmate is a member of Nazi Low Riders and demonstrated involvement in the Nazi Low Riders disruptive group or any street gang faction prior to arrival to the CDCR, he is assessed six (6) points for involvement in street gang/disruptive group activity. Since Nazi Low Riders is also a prison gang, the inmate is also subject to further investigation and potential validation as a member of the Nazi Low Riders prison gang. Type of Street Gang/Disruptive Group Codes. Apply the code that most closely identifies the inmate ’ s street gang/disruptive group. Enter the appropriate alpha codes in Boxes 36-37. • CR Crip • BL Blood • NH Northern Hispanic street gang/disruptive group • SH Southern Hispanic street gang/disruptive group • AS Asian street gang/disruptive group • BD Bulldogs • WH White Supremacists, Neo Nazi, Skinheads, etc. • BK Black street gang/disruptive group (not Crip or Blood) • MC Outlaw Motorcycle Clubs • OT Other street gang/disruptive group not listed Method of Verification Code . Apply the letter code that is most indicative of the gang activity in Box 38. Use the letter code provided. Indications of street gang or disruptive group activity are: A. Self Admission. B. Tattoos and symbols. Body markings, hand signs, distinctive clothing, graffiti, etc., which have been identified by gang coordinators/investigators as being used by and distinctive to specific gangs. C. Written material. Any material or documents evidencing gang activity such as the membership or enemy lists, constitutions, organizational structures, codes, training material, etc., of specific gangs. D. Photographs. Individual or group photographs with gang connotations such as those, which include insignia, symbols, or validated gang affiliates. E. Staff information. Documentation of staff's visual or audible observations which reasonably indicate gang activity. F. Other agencies. Information evidencing gang activity provided by other agencies. Verbal information from another agency shall be documented by the staff person who receives such information, citing the source and validity of the information. G. Association. Information related to the inmate ’ s association with gang affiliates. H. Offenses. Where the circumstances of an offense evidence gang activity, such as where the offense is between rival gangs, the victim is a verified gang affiliate or the inmate's crime partner is a verified gang affiliate. I. Legal documents. POR or court transcripts evidencing gang activity. J. Communications. Documentation of telephone conversations, mail, notes, or other communication, including coded messages evidencing gang activity. Do not assess points for an inmate’s housing preference. Housing preference alone is not indicative of street gang/disruptive group activity. Mental Illness (Boxes 39-43) If a CDC Form 128C, Mental Health Placement Chrono, has been prepared in the RC that indicates the inmate is a participant in the Mental Health Services Delivery System (MHSDS), except for those cases that have been designated Medical Necessity, enter four (4) points in Box 43. If the determination is made after the CDC Form 839 has been prepared and endorsed, but prior to leaving the RC, the CDC Form 839 shall be corrected and the case referred to the CSR on a CDC Form 840 for appropriate housing. • Determine the Level Of Care (LOC) that has been designated by the RC health care staff on the inmate’s CDC Form 128C. Place an “ X ” in the appropriate box only if 4 points have been entered in Box 43, if not, leave the LOC box blank. • LOC: • Correctional Clinical Case Management System (CCCMS) (Box 39). • Enhanced Outpatient Program (EOP) (Box 40). • Mental Health Crisis Bed (MHCB) (Box 41). • In-patient hospitalization at a Department of Mental Health (DMH) facility (Box 42). Do not prepare a correction if the inmate continues in the MHSDS, but there is a change to the inmate’s LOC prior to transfer from the RC. Prior Jail or County Juvenile Sentence of 31+Days (Box 44) These items require a review of the POR and the CI&I, CLETS, and FBI Multi State Record in order to identify prior sentences of 31 days or more. A “sentence” is imposed by the court. Incarceration time or time in custody is not considered a “sentence.” Apply no more than one (1) point for each category. • Count any sentence of 31 days or more. Do not count suspended sentences. • Count any sentence under a delinquency petition which involves a crime rather than “status offender” placements. For example, “beyond parental control” should not be counted. Burglary, however, would be counted. • Count CDCR placements for diagnostic evaluation (PC § 1203.03 “Z” cases) followed by a grant of probation. In these cases, the inmate is sentenced to county jail, given credit for time served, and released to probation rather than being returned directly back to the CDCR to serve a prison term. Prior Incarceration(s) (Boxes 45 and 46) • CYA, Juvenile State or Federal Level (Box 45) • Count placement in state or federal facilities for juvenile offenders. • CDC, CRC, Adult State, or Federal Level (Box 46) • Count any state or federal level incarceration for adult offenders. • Count previous commitments to the Civil Addict program. Total Background Factors Score Total the number of points assessed for this Section and place the sum on the line provided. 61010.11.3