Department Operations Manual

74060.2 Purpose Revised June 16, 1995 This section sets forth the time frames and procedures for processing prerelease referrals. 74060.3

74060.3 Release Defined Revised June 16, 1995 Release on parole is the legal and physical transfer of an inmate from confinement in an institution to the supervision of a Parole Agent of the P&CSD. Discharge is the termination of custody of any person committed to the Department accomplished either by expiration of the maximum sentence prescribed by law, official BPT/Narcotics Addict Evaluation Authority (BPT/NAEA) action or court order. 74060.4

74060.4 Time Frames for Referral to P&CSD Revised June 16, 1995 An inmate's case shall be scheduled for a prerelease referral to the appropriate parole region nine months prior to the anticipated release date. Regular Cases Cases having less than seven months remaining prior to the anticipated release date shall be processed as soon as possible. Imminent Release Where a calculated release date indicates release on parole must occur in the immediate future the procedures in DOM 82010 shall be followed. A CDC Form 611, Release Program Study (RPS) is an informational document which specifies the inmate's: • Proposed residence. • Employment. • Available resources. • Interest in reentry/work furlough. • Institutional adjustment. • Prognosis for parole adjustment. The completed RPS shall be returned to the facility case records office within the time frames established in DOM 81010. Counselor The counselor shall interview the inmate and prepare the RPS including: • Special information pertinent to parole. • Boldly document in the "C&PR Comments" section whether or not the inmate is subject to PC 2933 credit earnings and current work group assignment. C&PR After completing the RPS, the counselor shall forward the RPS to the C&PR by their supervisor. Public Interest Case The C&PR shall ensure that the RPS reflects the inmate's status. If the inmate is designated a "Public Interest Case" by Classification Services pursuant to DOM 62010.4.3.3, a copy of the RPS and any supporting documentation shall be forwarded to the: Assistant Director, Comminications California Department of Corrections P.O. Box 942883

942883 Sacramento, CA 94283-0001 Case Records Staff Case Records staff shall forward the RPS and other material pursuant to DOM 74060.4.2 and 74060.4.3 to the parole region of the county of commitment at least 210 days prior to the scheduled release date. While preparing the prerelease lists, Case Records staff shall identify and notify the CMO of those inmates who are required to provide blood and saliva samples pursuant to PC 290.2 and who have not yet complied with the requirement. Dual Referral for Out-of-State Dual referral prerelease packages for inmates referred for out-of-state placement shall be forwarded to both the parole region of the county of commitment and the Interstate Unit pursuant to DOM 74060.9. 74060.4.1

74060.4.1 Location for Referral Revised June 16, 1995 Pursuant to PC 3003, all inmates shall be paroled to the county of commitment as defined in DOM 81010 unless the case complies with the exception criteria in that section. County of Commitment Exceptions to placement in the county of commitment may be permitted in very unusual cases by P&CSD staff. Counselor When a pre-parole case is referred or re-referred to the county of commitment contrary to the inmate's expressed desires, the counselor shall include detailed information in the RPS as to the inmate's alternative release program. If a RPS is returned to the facility and the inmate is not satisfied with the decision to release to a county other than that preferred by the inmate, the inmate may appeal that decision. See DOM 54100. 74060.4.2

74060.4.2 Material Forwarded Revised June 16, 1995 Case records staff shall forward the material specified in DOM 83000 to the appropriate parole region. POC If attendance at the POC is a special condition of parole or the case is referred "to be evaluated by POC," one completed and stamped "POC" copy of CDC Form 611, one inmate photo, and one copy of the Case Summary shall be sent to the region office. 74060.4.3

74060.4.3 Photos Revised June 16, 1995 Case records staff shall forward three inmate photos with the prerelease referral material sent to the parole region. 74060.5

74060.5 Retention in the Department for Another Jurisdiction Revised June 16, 1995 Occasionally, a California inmate may be paroled on their departmental term and retained within a Department facility under contract with another jurisdiction. The following procedures have been developed to provide a uniform method of recording such transactions: • The C-File shall be retained at the facility. • A dummy file shall be forwarded to the Region I Records Office, including copies of: • CDC Form 112. • Case Summary. • Abstract/Minute Order. • Fingerprint Card. • Photograph. • A Field File shall be forwarded to the Interstate Unit Office in accordance with established procedures. • Under no circumstances shall the inmate/parolee be assigned an additional departmental identification number. • The Daily Report of Arrivals and Departures will show the following entry under "Notices:" • B- 12345

12345 Doe, John Paroled 12-5-77 and retained on Oregon commitment pursuant to WICC/IC Federal Contract. Parole period:________________. DD:_____________. CI&I:_____________. • CDC Form 112 shall be posted as follows: • ( Date ) Paroled-Interstate and remains under Oregon commitment per PC 11190 parole period _________________ discharge date _______________. • Should the inmate/parolee be transferred, transfer information shall be forwarded to the Region I case records office for inclusion in the dummy file. • Upon parole from custody under the other state's commitment, standard parole transfer procedures shall be initiated. • Should an active parolee be accepted and received in a departmental facility on a contract basis, facility staff shall contact the appropriate region's case records office and request the C-File. • The region's case records office shall have the responsibility of preparing the dummy file for their use prior to shipping the C-File. • Upon discharge from parole on California term and remaining on contract case only, refer to DOM 72020 for procedures to be followed for processing the case. 74060.6

74060.6 Parolees Released From Institution Subsequent To Revocation or Limited Placement Revised June 16, 1995 Parolees may be released to parole subsequent to revocation or limited placement as follows: • When a parolee is serving time in local custody, the Parole Agent shall aid the parolee to return to the previous parole program or develop a different program. • When a parolee has been returned to a departmental facility for revocation, facility staff shall inform the agent-of-record at least 15 days prior to the scheduled release date of the inmate's proposed residence and other significant program information. 74060.7

74060.7 Reentry Referral of Direct Discharge Cases Revised June 16, 1995 To ensure that direct discharge cases are referred to the P&CSD for reentry screening, facilities shall: • Identify inmates under PC 1170 commitments where the period of parole has been waived by the BPT. • Complete Section A of the RPS on these cases and refer them to the parole region. Inmates with direct discharge dates may request reentry consideration. Direct discharge cases shall be referred to P&CSD in the same manner as pre-parole referrals. As a means of distinguishing direct discharge cases from pre-parole referrals, institution staff shall ensure that the parole date block of Section A of the RPS includes the word "DISCHARGE" in capital letters after the release date. Additionally, the C&PR comment section shall include the notation "Direct Discharge." Attachments to the RPS shall be the same as pre-parole referrals. Direct discharge cases shall not be referred to the parole units. 74060.8

74060.8 Referral of Cases With Detainers Revised June 16, 1995 Prior to prerelease referral case records staff shall ascertain the status of any detainer and the agency's intent. If a detainer is to be exercised by a California agency, referral shall be made in accordance with procedures in DOM 74060.4. The RPS shall contain information that the inmate is scheduled for release to a detainer. When the release is imminent, the reentry coordinator of the region shall be contacted and advised of the status. Case Records If a detainer is to be exercised by an out-of-state or federal agency, referral shall be made to the appropriate region as determined in DOM 74060.4.1. The region shall be kept informed of the status of the detainer and/or pending release. Files of inmates released to detainers shall be forwarded pursuant to DOM 74070. 74060.9

74060.9 Referrals For out-of-state Placement Revised June 16, 1995 The Interstate Probation and Parole Compact permits the placement of parolees out-of-state. Certain criteria are involved: • The parolee was a resident of the receiving state. • Has family ties in that state. • Is able to obtain employment there. 74060.9.1

74060.9.1 Transmittal Documents Revised June 16, 1995 Pre-parole material shall be sent to the region designated according to the guidelines in DOM 74060.4.1. The additional documents specified in DOM 81010 for out-of-state parole referrals shall be forwarded to the Interstate Unit not more than 90 days prior to the scheduled release date. Note : Forms must be complete and include necessary signatures. Signatures It is important that the signature element of the form carry the names of the California "Deputy Compact Administrator, Paroles" and "Supervisor, Interstate Unit" to ensure that the replies from out-of-state are directed to the Interstate Unit for appropriate follow-up. In the event the administrator of the out-of-state facility fails to reply on the date in closest proximity of the release date, the Interstate Unit shall attempt to expedite the matter and shall notify the institution accordingly. Practices differ among states and, therefore, the referral shall specifically indicate whether the parolee has a home, an offer of employment and legal residence in the proposed receiving state. 74060.9.2

74060.9.2 Acceptance Case Records Staff If the proposed out-of-state placement is accepted by the receiving state, the Interstate Unit shall advise the institution, provide reporting instructions and authorize release to the out-of-state program. At the time of release, prepare a CDC Form 1532, Probation Form II-Report of Sending State Upon Probation and/or Parole Being Sent to Another Jurisdiction in quadruplicate; original to the C-File, three copies to the Interstate Unit (one copy for the receiving state and one copy for the inmate/parolee). 74060.9.3

74060.9.3 Rejection Counselor If the proposed out-of-state placement is rejected, the Interstate Unit shall advise institutional staff of the rejection. A copy of the rejection form shall be forwarded to the institution. The counselor shall share the reason for the rejection of supervision out-of-state with the inmate unless restricted from doing so by the other state. 74060.10

74060.10 BPT Investigation and Program Development Requests on ISL Cases Occasionally the BPT will require additional information concerning a particular case because the information either was not available or was not included in the Case Summary at the time it was prepared. In general, a request for a special investigation and/or program development shall be made when direct contact with an outside party or agency appears necessary. When such a report is requested, the information furnished shall include: • The background and purpose of the referral. • Suggested or required deadline for completion (unless there are extenuating circumstances, at least 30 to 60 days shall ordinarily be allowed for the completion of the report). • Commissioner or Deputy Commissioner requesting the investigation. • The general and specific areas to be included in the report. If a specific agency, official, or person is involved in the investigation, the request shall include the name of the agency, official, or person to be contacted. In some instances, the request shall delineate the specific information required. In other instances, only a general request shall be made. 74060.10.1

74060.10.1 Types Of Requests Before a parole date is set or an affirmative action is taken by the BPT, the matter is usually referred to the BPT, Investigation Unit. After a parole date has been set or an affirmative action is taken by the BPT, the matter is usually referred to the appropriate parole region. Categories of Program Development Reports. • P&CSD. • Home and Care placement information. • Availability of benefits (e.g., retirement, Social Security). • Hospitalization or similar release possibilities. • Other release assistance. • BPT, Investigation Unit. • Additional details of instant offense. • Information on prior arrest or conviction. • Official advice of inmate's progress. • Community and/or official attitude with regard to a specific case. • Other similar possibilities. 74060.10.2

74060.10.2 Determination of Unit for Investigation The primary reason for the referral shall govern the unit to which the referral is sent. In any case where the institutional staff have a serious doubt as to whether the P&CSD or the BPT Investigation Unit, should handle the investigation, the matter will be referred to the BPT's Executive Officer. 74060.10.3

74060.10.3 Material Forwarded With Request The following material shall be forwarded with the request: • Two copies of an up-to-date case summary. • Photos of the inmate. • Second and third copies of CDC Form 247, Request for Special Investigation and/or Program Development. • Copies of any other material pertinent to the investigation. • Material for referrals to P&CSD shall be sent to the RPA. 74060.10.4