Department Operations Manual

76010.4 Male/Female Commitments All commitments must be accompanied by a certified copy of the Judgment and Commitment, Minute Order, and POR. Registry of narcotics (N) numbers shall be issued by the ID/Warrants Unit. Male civil addict commitments shall be accepted from court at: • Reception center, CRC, Norco. • Reception center, CMF. Female civil addict commitments shall be accepted from court at the women's unit of CRC. 76010.5

76010.5 Cumulative Case Summary Information compiled in the Cumulative Case Summary (Cum Sum) originates both inside and outside the institution and is prepared and placed in the following order by the following staff: Case Records Staff • Legal. • Circumstances of commitment. • Sentence data and offense. • Prior commitments. • CI&I SSCH. CC-I • Social history. • Initial study. 76010.5.1

76010.5.1 Cum-Sum Face Sheet Composition The CDC Form 188L, Cum Sum Face Sheet, is the legal information section of the Cum Sum. This information is abstracted from the commitment documents received from the court. The legal data below "Received" through "Pre-confinement Credits" shall be recorded for each commitment. Narrative of revised CDC Form 188-L is as follows: • Name: The name on the original commitment document. (If two names are indicated on the commitment document and one is the "true name", then the "true name" shall be used.) Subsequent commitments, with different names, shall be recorded as "Also Committed As" (ACA). • Birthdate: The subject's actual date of birth, no age need be shown. • Birthplace: The state or the country of birth. • Ethnicity: Subject's ethnic derivation. • Received: The date subject was received in the Department for the specific commitment. • Commitment: The total period of commitment as shown on the Abstract of Judgment or civil commitment document shall be recorded in years and months (In addition, the type of commitment shall be noted in parentheses: e.g., Indeterminate, SB 1878 or SB 176). • County: The county of subject's commitment. • Custody Time: The maximum amount of days a person may be retained in custody represents two-thirds of the total commitment including preconfinement and postsentence credits. • Civil Case No.: The case number on the civil addict commitment form which may, or may not, be the same as the criminal case number. • Program Expiration Date (PED): The total commitment time added to the received date less the total preconfinement and postsentence credits including conduct credit. It is also referred to as the commitment expiration date. • Section and Code: The appropriate W&I section of the commitment. • Custody Expiration Date (CED): The latest date a person can be retained in custody. This date changes once the person has been released to outpatient status (OPS) and must be recalculated when the person has been returned to custody. This date is calculated by adding the number of remaining custody days to the date the person was taken into custody. Custody expiration date cannot exceed PED. • PC 2900.5 Credits: Credits granted by the court. • PC 4019 Credits: conduct credits granted by the court. • Postsentence: Credit administratively granted by the Department for time between date of sentence and delivery to the Department. • Total credits: The number of credits applied to the term. Discrepency in Credit Any discrepancy in credits granted by the court shall be referred to the Civil Addict Legal Process Unit (CALPU) located at CRC. Information recorded below double line shall include: • Date released to outpatient status and/or civil addict parole. • Custody parole. • Custody days remaining. The number of days subject may remain in custody less time spent in local custody, from date of hold, prior to return. This shall be computed by institution case records staff upon receipt of the records reflecting the number of custody days remaining as of date last received as an outpatient releasee to finish term (OPRTFT). • Subsequent NAEA actions. • Date received at CRC from outpatient and/or parole status (if applicable). • PED is the latest date subject may remain in program for each commitment. This date is computed upon initial receipt of the commitment by institution case records staff. This date may only be increased by the number of days a person has been suspended, releasee- at-large (RAL) (if applicable). • CED (if applicable). Civil Addict Parole Violator In the event the person is a civil addict parole violator, the maximum parole discharge date shall be recorded. • Maximum Parole Discharge Date: The maximum eligible parole discharge date represents three years from date of original civil addict parole plus one year additional custody time. The date is computed upon receipt of records by CRC as Civil Addict Parolee Return. Bottom of Each Page Information recorded at the bottom of each page of the Cum Sum shall include the last name, first initial, number, civil addict program branch, date typed, and the corresponding correctional case records specialist (CRS) and typist's initials. EXAMPLE: JONES, B. N- 00000

00000 CRC-Norco 7/7/99 MSS/Ab 76010.5.2

76010.5.2 Computation of Time Time runs from date of arrival at CRC or designated institution or to a civil addict program agent. On civil addict commitments, time runs while under treatment and jurisdiction in a civil addict program designated institution or under supervision on outpatient status. Maximum custody time on CRC commitment will be reduced by: • Time spent in local custody on Our Hold Only (OHO). • Time spent in local custody under a Hold (W&I 3151), except the period of time that represents the serving of a local sentence. Dead Time Time does not run under the following circumstances and is computed as "dead time": • Time between date of escape and RTC. • Time between suspension of outpatient status/parole and removal of at- large status. • Time elapsed between court pick-up and return, unless the exclusion request is withdrawn. Court ordered pick-ups from institution custody resulting from a reversal on appeal, the granting of a writ, and exclusion referrals shall act to discharge the case from all departmental records. Where the immediate result of the subsequent court proceedings is to return to the civil addict program, a new "N" number shall be issued. If another disposition is made and, at a future date, the case is recommitted to CRC a new "N" number will be issued. No credit is granted for time spent under the previous "N" number. 76010.5.3

76010.5.3 Circumstances of Commitment - Sentence Data and Offense The circumstances and significant information regarding the criminal offense(s) shall be recorded as follows: EXAMPLE: SENTENCING DATA AND FACTS: CASE #A448113 CT1 BURG 2ND (459 PC) 6-30-80 (POR) Subject was observed by witnesses exiting a burglarized residence carrying a colored television set valued at $500. CASE #A588055 CT1 BURG 2ND (459 PC) 7-6-80 POR) The victim returned to her residence and found numerous items of her property stacked near the front door. Officers found subject hiding under a bed. Search of subject revealed two balloons of heroin. The commitment information of discharged cases shall remain in the case summary until the person has been discharged on all cases. 76010.5.4

76010.5.4 CI&I Report The SSCH is provided by CI&I, at the request of the records office, after submission of CDC Form 138, Fingerprint Cards. 76010.5.5

76010.5.5 Social History The Case Summary [GA Form 2] is compiled by the counselor from available material and an interview with the resident. Each time the inmate is returned to the institution the case summary is reviewed and updated as needed to provide accurate information. 76010.5.6

76010.5.6 Initial Study Revised September 25, 2007 A narrative report is compiled by the counselor discussing facts, or relationship between facts, which may be applicable to the treatment and controlling of the resident. A treatment plan is formulated from these assessments and evaluations: Employment Assessment This section responds to the questions: • Does the individual have stable or sporadic work history? • Do they claim work skills? • If a member of a union, is the individual skilled at journeyman or apprentice level? • If a welder, for example, are they certified, etc. Verify Employment Verification of prior employment is required through correspondence with former employers, indicating pay scale, future employability, etc. • Does the individual need additional training to become employable? Education Assessment Highest grade completed. • What is tested grade level? • Considering age and claimed work skills, is General Education Development (GED) requirement appropriate? • Does he/she require vocational or academic training? Note : If the resident cannot read and/or write, the need for remedial education should be assessed. Drug/Alcohol Assessment Assessment as follows: • Is the individual an alcohol abuser in need of Alcoholics Anonymous? • Are there conflicts in the POR's and doctor's court report regarding drug use? • Are they a poly-drug user? • How old was the person when usage began? • Are there specific concerns regarding drugs used? • Are they in need of Narcotics Anonymous? Social Evaluation This section should speak to the individual's relationships with family members who are defined in Section 3000 of the Title 15. • Are there problem areas with any family members, including mother, father, siblings, wife, husband, registered domestic partner, children, etc., which need to be resolved? • Have any family members ever been incarcerated? • If so, who and for what offense? Evaluation and Program Plan Considering the above factors, which program at CRC will best equip the individual for success on OPS/parole? This area should include any special needs and/or problems, including any medical/psychiatric problems, exclusionary concerns, or legal concerns that would preclude the individual from participating in a particular program. Within 35 Days The program information shall be compiled within 35 days after the individual's reception. Based on the information contained in this report, a recommendation shall be made as to what the person should accomplish while at CRC, the anticipated period of time needed to complete the program, when the program should be available, and whether the individual agrees to complete the program. Other factors that may be included are: • Relationship of narcotic use to other criminal activity. • Their associate in use, such as: • Siblings. • Peers. • Parents. • Inconsistencies regarding the individual's narcotic usage between various reports such as: • The POR. • Court appointed medical examiner's report. Casework Follow Up Does the individual need to be referred to psychiatric services for violence potential evaluation? Is an initial field study in order? If a dual commitment, does the individual need to be scheduled for a BPT hearing? Are arrest reports needed? If no follow-up is necessary, indicate "none". 76010.6

76010.6 Miscellaneous Reports Headings Centered at the top of the report should be the title of the report, usually phrased in terms of a particular decision-making recommendation. Examples of headings are: • Referral to OPS/Civil Addict Parole. • Annual Review. • Closing Summary. 76010.7

76010.7 CDC Form 611, Release Program Study (RPS) Report CDC Form 611 reports shall contain the following sections and headings: • Program Plan. One or more brief paragraphs which summarize appropriate program planning information as recorded on the Classification Chrono (CDC Form 128-G) and Initial Program Study. Note any program changes made that differ from the original recommendations on the Initial Program Study. • Administrative Review. All levels of administrative review shall be chronological and include program changes, confirmation and exclusion review. • Institutional Assignments. Summarize the individual's assignments during his stay in the institution. State specifically the duration of the assignment and grades received. • Institutional Behavior/Response to Dormitory Program. Describe the individual's response to the above summarized treatment plan as it applies specifically to dormitory behavior and activities. Those activities may include Alcoholics Anonymous, Narcotics Anonymous, self-help groups and psychotherapy groups. Also included in summary form are all Rule Violations Reports (CDC Form 115); or Counselling Chronos (CDC Form 128-A) received. Major infractions of the rules will be listed individually. • Evaluation. This section will analyze and evaluate the individual's progress in terms of the above factual information and the occasion for the progress review report. If a referral to release status is a part of the recommendation, then the appropriateness of the release plans which are contained in the following section shall be evaluated. Final Section of the Referral The final section of the referral describes residence and employment plans that have been developed by the individual. Residence Plans • List either "Parole Agent to develop near place of employment", or a statement describing the proposed residence, including address, telephone number, names, and relationships of those living therein. Alternative residence plans shall be included if there is a possibility that the first plan may be unacceptable. Employment Plans • List either "none" with an explanation as to the type of work preferred, the work skills possessed, and the community where employment is desired, or a statement covering the following: • Name of company and person's position making the employment offer, address and telephone number at which the Parole Agent can make contact, type of work and wage involved. • Other information related to the position offered that may be of help to the Parole Agent, such as length of prior employment experience, education, or vocational training and union status. The same type of information shall be listed for each separate employment offer or lead. Counselor's Comments • Include, when applicable, the plans and arrangements made by the resident to pursue academic or vocational training programs. Resources such as veteran's benefits or financial aid from some source should be included along with names, addresses and file numbers. All significant debts and anticipated child support or alimony payments shall be listed. Plans on how to meet these obligations shall be spelled out. Assets, such as money in institutional trust account, are to be listed. Legal Interests • Unresolved legal matters shall be listed and clarified, which may include welfare interest in the resident or their family; names, titles, telephone numbers, addresses, file numbers and other identifying information about each interested agency. Medical or Psychiatric • When community follow-up is indicated for either medical or mental disorders, these are to be identified and explained. Release Resources • List the name, relationship, and address on each significant person in the community if this information is not contained in an earlier section. Supplemental Evaluation • This evaluation shall be added as a current addendum summary to the program response summary and evaluation section when the NAEA decides that the referral of an annual review case is appropriate for release. This section shall be evaluated in terms of the prior recommendation and plans. Regarding prior appearance cases postponed by the NAEA, a current section addendum summary shall be added before the next NAEA appearance. Signatures • The name and title of the counselor and supervisor are typed below the body of the report. Each shall sign the report above his/her name after review. Prerelease • Prerelease case assessment and planning is accomplished by the assigned supervising Parole Agent who verifies the above information as viable release plans. The Parole Agent shall approve, modify or disapprove release plans, depending upon prior failures, successes, significant recent changes in community resources or plans that have not proven valid. Signatures • The title of the assigned Parole Agent and unit supervisor are included on the proposed RPS, and each shall review and sign the report. 76010.8

76010.8 Processing Dual Commitments When it is determined that a new civil addict commitment was on felony parole: • The regional case records staff, upon notification of the civil addict commitment, shall immediately send the felony C-file to the records office at CRC. • Within 60 days of arrival at CRC a determination shall be made by the classification committee to recommend retention in or exclusion from the civil addict program. Retain in Program • If the decision is to retain in the program, an CDC Form 1502, Activity Report, shall be submitted to the BPT for possible discharge of the felony commitment. • If the felony commitment is discharged, the subject shall remain under the jurisdiction of the NAEA. Refer to DOM 76010.8.1 for processing. Exclude from Program • If CRC classification committee's decision is to exclude the person from the civil addict program, institution staff shall prepare an exclusionary letter referring the civil commitment back to the committing court, recommending vacation of commitment. • If an outpatient/civil addict parolee is subsequently committed to state prison, P&CSD shall refer the civil addict commitment back to the committing court. Unusual Dual Commitment If the decision is made to retain a felony commitment to the Department in the civil addict program or in the rare event that the committing court refuses to vacate the civil commitment, the status will remain a dual commitment. These cases will not be eligible for release consideration by the NAEA until the BPT ordered parole revocation period has expired. 76010.8.1

76010.8.1 Felony or Civil Addict Discharge The BPT's action discharging the felon case shall be posted to the CDC Form 112, Chronological History, in the felons C-file. A civil addict Cum Sum and C-file shall be completed. Actions affecting the resident's movement in and out of the institution, detainers and cancellations of same entered on the CDC Form 112 in the felony file shall be transferred to the civil addict file. The discharged felon C-file shall be sent to the designated region to be microfilmed then forwarded to the Archives Unit. Felony/Civil Addict Upon the resident's release to custody of the sheriff of the committing county as an unfit subject for the civil addict program, CRC case records staff shall place a Hold for the Department. A copy of the court order and of the CDC Form 123, Body Receipt, shall be placed in the "N" number case file. The original shall be forwarded to the designated reception center to be placed in the felons C-file. Daily Reports of Arrivals and Departures CRC case records staff shall make a notation on the Daily Report of Arrivals and Departures (DRAD) showing the discharge from the "N" number commitment(s) [and remaining on the departmental number (CDC number)]. The CDC Form 112, in the "N" number case file and the Control Card (CDC Form 144) shall also be posted to this effect. 76010.9

76010.9 Unsuitability for Program The Director or designated representative may: • Return persons charged with a crime and committed to the civil addict program to committing court as unsuitable for the program (W&I 3053). • Order discharge from the civil addict program for persons not charged with a crime who prove unsuitable for confinement or treatment in the program (W&I 3109). W&I 3053 provides for automatic termination of a civil addict commitment upon a subsequent felony conviction and a commitment to state prison pursuant to PC 1168 or 1170. 76010.9.1

76010.9.1 Removal From Civil Addict Program Criteria for determining suitability for the civil addict program is set forth in W&I 3052. 76010.9.2

76010.9.2 Procedure for Referring Cases to Committing Courts Pursuant To W&I 3053 After the decision has been made by the Director or designee that a person is unsuitable or has been committed to state prison in another matter, a letter from the Warden or RPA shall be directed to the presiding judge of the superior court of the county of commitment. This letter shall set forth the reasons for the determination of unsuitability. If a person has been committed from two or more different counties, letters shall be directed to each of the committing courts. When the referral resulted from a subsequent commitment to state prison and the person is an outpatient, the receipt of a court order by CRC or regional case records staff vacating the civil addict commitment is sufficient documentation to discharge the commitment on departmental records. • Entries shall be made on CDC Forms 112 and 144 and the DRAD to reflect the discharge. The date of the court order shall be recorded as the discharge date. On multiple commitment cases, the entries shall indicate "Discharged on Case #00000 and remains on #_______." • Reception center and institution case records staff shall forward a copy of any removal orders, executed by the sheriff, to CRC or appropriate regional case records staff to ensure appropriate disposition of the civil addict commitment records. When the referral resulted from a determination of unsuitability other than a subsequent felony commitment, the commitment(s) shall not be discharged until the person is removed from the Department's custody for further proceedings on the suspended criminal charges. Upon receipt of a court order and removal for further proceedings, CRSs shall make an appropriate entry onto the CDC Forms 112 and 144 and DRAD to reflect the removal from custody and discharge on the civil addict commitment. On multiple commitment cases, the entry shall indicate "Discharged on Case #00000 and remains on #_______." 76010.10

76010.10 Transfers Of Civil Addicts Persons committed to the civil addict program shall be housed at CRC or institutions designated as branches of CRC. Approval for transfer of a civil addict between institutions designated as CRC branches is delegated to the chief deputy Warden of the institution where the inmate is housed. A CDC Form 128-G shall be prepared by classification staff, recommending the transfer and the chief deputy Warden shall make the appropriate endorsement. A limited number of northern county exclusion cases may be transferred to the northern reception center (NRC) to await completion of the exclusion process and return to the committing court. The approval of the CSR is required prior to such a transfer. This approval shall be documented on a CDC Form 128-G. Transfer of a civil addict to CMF for medical reasons shall require the additional approval of CMF's CMO and the Chief, Classification Services. The C-file, the slough file, health and educational files, CDC Form 103-B, and the CDC Form 144 shall accompany all civil addicts transferred to CRC branches. 76010.11

76010.11 Escape From Civil Addict Institution Pursuant to W&I 3002, escape from a facility for civil addicts is a felony. Pursuant to PC 4530(c), escape from a temporary community release (TCR) is a felony. 76010.11.1

76010.11.1 Escape Procedures Departmental escape procedures shall be followed and a complaint shall be filed with the appropriate criminal justice agency pursuant to the appropriate section. Upon notification of an escapee's apprehension, the CCRM shall place a Hold with the arresting agency for the Department pursuant to the existing civil addict commitment. Following prosecution of the escape charge, if sentenced to state prison, the civil addict commitment shall be referred back to the committing court as unsuitable. Discharge procedures shall be followed. After an escapee has been at-large over one year and their whereabouts are unknown, an exclusion letter shall be prepared and forwarded to the court of commitment pursuant to W&I 3053. Upon completion of the exclusionary process, the information for the deleting of the Want is to be FAXed to the ID/Warrants Unit for the removal of the Want from the Wanted Persons System (WPS) and the Department Warrants Register 76010.12

76010.12 Readiness for Release Criteria The primary factor to be considered when a counselor is considering referral to outpatient status/parole is the resident's readiness for release to the community. In making this determination, the counselor shall take into consideration the following: • Did the resident successfully complete the program outlined by the counselor, initial classification committee, or subsequent classification actions? • Does the resident meet the criteria for certification to the NAEA? The intent is to have the person meet the set expectations in a measurable manner and for this to be documented in chrono form for review by the certifier and the NAEA. The documentation is to provide the reviewer with the necessary data to evaluate the individual's readiness for release to the community. 76010.13