Department Operations Manual

72020.5 Case Summary Information from the following documents may be used in the preparation of the case summary. Upon receipt they shall be placed in the C-file. • Abstracts of Judgment or Minute Orders. • Statements of judge and DA. • POR. • Transcript of proceedings at the time of sentence. • Copy of the indictment or information. • CI&I SSCH. • All correspondence pertaining to the inmate's case. Responsibility of Case Records Staff The CCRMs are responsible for incorporation into the case summary all legal information pertaining to the inmate's case, e.g., statement of the judge and DA. 72020.5.1

72020.5.1 Legal Status Instructions for completion of the legal status section of the case summary are in DOM 73010. 72020.5.2

72020.5.2 Commitments Not Processed Through a Reception Center Newly received commitments not processed by the reception center or for whom a recent case summary is not available shall have a case summary prepared by the C&PR or designee of the facility to which the inmate is assigned. 72020.5.3

72020.5.3 Former "Z" Cases (PC 1203.03) Case Records Staff When an inmate is received on a felony sentence and was previously a "Z" case, the following shall occur: Request the "Z" file from the Archives Unit if it has been shipped to that unit. When it is received: • Destroy the following material from the "Z" file: • All worksheets used by staff during processing. • CDC Form 112, Chronological History. • SOMS-Notification in Case of Inmate Death, Serious Injury or Serious Illness. • FBI Form FD-249, Fingerprint Card. • CDCR Form 345, Authorization for the Secretary to Maintain • Trust Account. • Draw a line through the "Z" number on the medical file; place the new • CDC number on the file and forward it to the medical department. • If part of the case summary is used, the new CDC number shall be • typed above the "Z" number and the "Z" number lined out. • Draw a line through the "Z" number on all remaining material and • incorporate it into the new C-file. Materials not used shall be • destroyed. 72020.5.4

72020.5.4 PC 1170 (A)(2) Commitments The Legal Processing Unit (LPU) records commitments for persons sentenced pursuant to PC 1170(a) (2) and not delivered to prison. The PC 1170(a) (2) provides for disposition of cases in which the amount of pre-prison credit exceeds the sentence under the Determinate Sentence Law (DSL). The BPH rules provide the same provisions for cases sentenced under the Indeterminate Sentence Law (ISL). 72020.5.4.1

72020.5.4.1 Procedures for Processing Commitments DSL Upon receiving a judgment under the provision of PC 1170(a)(2), LPU shall process the case as follows: To conform with DSL commitments: • Term(s) shall be calculated and a CDC Form 188 prepared. • If the preprison credit exceeds the DSL term including period of parole, the CCRM shall notify the sentencing court that the person has completed the prison term and period of parole and should be released from custody. • If the preprison credit exceeds the DSL term, but not the period of parole, the case shall be presented to the BPTH for consideration of waiver of parole. The court shall be advised of the BPTH decision. If parole is not waived, the court shall be advised to order the individual to the appropriate parole office for parole supervision. • If the preprison credit does not exceed the DSL term, the CCRM shall notify the court. The notification shall include information reflecting the computation and the amount of time remaining to be served. ISL To conform with ISL commitments: • Term(s) shall be recalculated pursuant to PC 1170.2(a) using a CDC Form 678, Cumulative Case Summary Confinement Computation, and the case screened for possible extended term hearing. • The CDC Form 678, Probation Officer Report (PRO), Information, and related documents shall be presented to the BPH for review and disposition. • If the person is not scheduled for an extended term hearing and is overdue for release on the date calculated under PC 1170.2(a), the CCRM shall notify the sentencing court that the prison term is completed and the person should be released from custody. If the preprison credit does not satisfy the period of parole, the court shall be advised to order the person to report to the appropriate parole office for parole supervision. • If the person is not overdue for release or if the person is scheduled for an extended term hearing, the CCRM shall notify the court that the person must be delivered to the Department. The notification to the court shall include a copy of the CDC Form 678 or BPH Form 1091, Screening Form, and include the amount of time remaining to be served unless the person is scheduled for an extended term hearing. Person Not Delivered Those cases that require a person not be delivered shall be processed as follows: • Assign CDC number. • Route to OBIS for input of commitment information. • Prepare departmental records. • If discharged, microfiche and forward all documents to the Archives • Unit. • If paroled, forward all documents to the appropriate parole region • CCRM. Note : CDC numbers and departmental records shall not be issued and/or prepared until it has been determined that the pre-prison credit exceeds the term and the person will be discharged or placed under parole supervision. 72020.5.5

72020.5.5 Direct Release to Parole From Court In certain situations courts will sentence a person directly to the Department for parole supervision. The appropriate parole authority will make the final decision to retain or waive parole supervision. 72020.5.6

72020.5.6 Former Division of Juvenile Justice Files If a new arrival is identified as a former Division of Juvenile Justice (DJJ) ward or is being discharged to the Department's jurisdiction, the CCRM shall contact DJJ ward master files. The DJJ will provide a copy of the clinical summary for use by the counselor. If a complete file is needed, it will have to be specifically requested. 72020.6

72020.6 Processing Inmates Tried Under Interstate Agreement on Detainers Individuals confined in facilities outside California's jurisdiction may request disposition of charges pending in California pursuant to PC1389, Interstate Agreement on Detainers. Upon completion of court proceedings, these individuals must be returned to the sending jurisdiction. If a California commitment is received to run concurrent with previously imposed terms, the Director is authorized to designate a facility of another jurisdiction as the place of reception on the California term (PC 2900). 72020.6.1

72020.6.1 Processing Procedures - Concurrent Commitments Region I, Case Records Office is responsible for processing these cases. The received date on the CDC Form 188, Legal Status, shall be either: • The date of receipt by the other jurisdiction after sentencing by California. • The date of sentencing in California if the subject was not present. The term's start date shall be the same as the received date except for probation revocation cases. The term's start date on probation revocation cases shall be the date the inmate was originally received by the other jurisdiction. The CDC Form 112 shall be posted as follows. Example: • 01/01/73-Received at Colorado State Prison. • (Date of Detainer)-Colorado State Prison designated as place of reception on this term pursuant to PC2900. • 01/01/74-Received at NRC-CMF (transfer from Colorado State Prison). 72020.7

72020.7 Revisions The Director, Division of Adult Institutions, or designee shall be responsible for ensuring that the contents of this article are kept current and accurate. 72020.8

72020.8 References PC §§ 1170(a)(2), 1170.2(a), 1203.03, 1389, 2081.5, 2082, 2900, 2901, 3058.5, 4007, and 4016.5(d). GC §§ 19853. Government Claims Board Section 776. A RTICLE 5 — C ENTRAL F ILE AND T RANSFER OF R ECORDS Revised April 1, 1992 72030.1

72030.1 Policy Uniform records shall be maintained on persons under the jurisdiction of the Department. 72030.2

72030.2 Purpose This section sets forth the procedures for the uniform preparation of an inmate's C-File and other departmental records pertaining to an inmate. 72030.3

72030.3 C-File The C-File is the central depository for copies of all documents, correspondence, and reports pertaining to each inmate. A C-File is inaugurated for each new inmate upon admission in the Department. 72030.4

72030.4 Filing Order The C-File is divided into 11 sections. Specific items are designated to be filed in respective sections. Like documents shall be grouped together in chronological order, most recent information on top. 72030.4.1

72030.4.1 Case Summary Section • CDC Form 261, Order of Filing. • CDC Form 112, Chronological Inmate History. • Legal status sheet. • Case summary/POR or police report if POR is not available. • Latest report to paroling board. • CI&I/FBI SSCHs. • Other related forms and documents. • PC 1203.03 reports. • PC 1170(d) reports. • CDC Form 916, Time Credit Waiver. 72030.4.2

72030.4.2 Legal Documents Section • CDC Form 1151, Legal Status Audit Sheets. • CDC Form 1130, LPU DocumentTransmittal. • CDC Form 819, Personal/Confidential Information Disclosure/Access Log. • Minute Order. • Abstract of Judgment. • Court remittitur(s). • Court decisions. • Sentencing transcript. • PC 1203.01 statements. • Information. • Legal correspondence. • CDC Form 123, Body Receipt. • Other related forms and documents. • CDC Form 138, Fingerprint Card(s). 72030.4.3

72030.4.3 Classification Section • CDC Form 262, Custody Classification - Assignment. • CDC Form 840, Reclassification Score Sheet. • CDC Form 812, Notice of Critical Case Information – Safety of Persons. • CDC Form 812-A, Notice of Critical Information – Prison Gang Identification. • CDC Form 812-B, Notice of Critical Information – Disruptive Group Identification. • CDC Form 128-B-1, Notice of Classification Hearing. (Filed on a CDC Form 108-A, Chrono Sheet - Classification.) • CDC Form 114-D, Order and Hearing for Placement in Segregated Housing. • CDC Form 839, Classification Score Sheet. • CDC Form 108-A, Chrono Sheet - Classification (all CDC Form 128-G Chronos). • Other related forms and documents. 72030.4.4

72030.4.4 Disciplinary Section • CDC Form 804, Notice of Pending CDC 115. • CDC Form 115s, Rules' Violation Reports and attached Incident Reports. • CDC Forms 629-A, Segregation Housing Unit (SHU) Term of Initial Confinement, and 629-B, Redetermination of SHU Confinement Term. • DA response. • Other incident reports. 72030.4.5