Department Operations Manual

81010.1 Policy The period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. Through the application of controls and the provision of services, the parole agent helps to create favorable conditions for the offender’s successful adjustment. A parole agent has broad discretion over the life of an offender and in exercising that discretion, shall act as a professional. During this period of supervision and observation, it is imperative that the parole agent be knowledgeable about the activities of the offender and the offender’s significant others. The parole agent's principal duty is to uphold public safety by reducing the risk an offender poses to the community. The parole agent accomplishes this by directing the offender to services that meet the criminogenic needs of the offender, monitoring the offender to determine if they are involved in criminal activity or violations of their supervision conditions, and promptly addressing law and technical violations. 81010.1.1

81010.1.1 Purpose The purpose of this article is to enable proper placement of offenders in the community and proper application of conditions of parole to ensure public safety and rehabilitative needs are met. 81010.2

81010.2 Parole to County or City of Last Legal Residence (a) All offenders committed to prison for a non-sex offense for which registration is not required pursuant to Penal Code (PC) section 290, shall be paroled to the County of Last Legal Residence (CLLR) unless the case complies with exception criteria for paroling to another county. (b) Pursuant to PC section 3003, all offenders committed to prison for a sex offense for which registration is required pursuant to PC section 290, shall through all efforts reasonably possible be returned to their city of last legal residence or a close geographic location in which they have family, social, or economic ties, unless a return to that location would violate any other law, or the case complies with exception criteria for paroling to another county. (c) Offenses that occur in custody, defined as being confined in a State prison, local jail, or a Department of State Hospitals facility for treatment shall not be considered in determining the CLLR or city of last legal residence. If the offender has been discharged from all previous terms, consideration shall be given to placement in another, more appropriate county or city in accordance with the factors listed in this section. An offender may be paroled to another county or city if it is in the best interest of the public and the offender. (d) Parole to Another County (1) The following factors shall be considered in determining if parole to another county is justified: (A) The need to protect the life or safety of a victim, the offender, a witness, or any other person. (B) Public concern that would reduce the chance of the individual's parole being successfully completed. (C) The verified existence of a work offer, or an educational or vocational training program in another county that encompasses the following: 1. Permanent employment that will enable the offender to be financially self- sufficient. (Minimum wage jobs, such as busboy or short-term jobs such as cannery worker, are not self-supporting or of sufficient duration to qualify.) 2. Training or educational program that is full time; will materially upgrade = the offender’s employment skills or educational level, and thus substantially improve employability; and will provide sufficient funds to preclude the offender from relying on welfare, California Department of Corrections and Rehabilitation (CDCR) cash assistance, or similar programs. (D) The existence of immediate family in another county with whom the offender has maintained strong ties and whose support would increase the chance that parole would be successfully completed. 1. Immediate Family Members are defined in California Code of Regulations, Title 15, section 3000 as the offender’s legal spouse; registered domestic partner; natural parents; adoptive parents, if the adoption occurred and a family relationship existed prior to the offender’s incarceration; step -parents or foster parents; grandparents; natural, step, or foster brothers or sisters; the offender’s natural and adoptive children; grandchildren; and legal stepchildren of the offender. Aunts, uncles, and cousins are not considered immediate family members but may be considered on a case-by-case basis if strong family ties have been maintained and the biological relationship can be verified. (E) The lack of necessary outpatient treatment programs for offenders receiving treatment pursuant to PC section 2960. (F) Direct placement into a CDCR-funded, community-based residential treatment program located outside of the CLLR, including but not limited to: 1. Female Offender Treatment and Employment Program. 2. Transitional Housing Program. 3. Parolee Service Center. 4. Specialized Treatment for Optimized Programming. (G) Pre-parole referrals for placement in another state or territory shall be made in accordance with Article 6 of Chapter 8 of this manual. (e) Criteria for Administrative Placement Pursuant to PC sections 3003(f) and 3003(h) (1) Upon request of the victim and after approval by the Division of Adult Parole Operations (DAPO) District Administrator, a parolee whose commitment offense is any of the following shall not be allowed to reside within 35 miles of the current residence of the victim or witness of the commitment offense. (A) Murder or Voluntary Manslaughter. (B) Mayhem. (C) Rape as defined in PC sections 261(a)(1), 261(a)(2), 261(a)(3), 261(a)(4), 261(a)(6), 262(a)(1), or 262(a)(4). (D) Sodomy as defined in PC sections 286(c), 286(d), 286(f), 286(g), or 286(i). (E) Lewd or Lascivious act as defined in PC sections 288(a) or 288(b). (F) Oral Copulation as defined in PC sections 287(c)(1), 287(d)(1), 287(f), 287(g), or 287(i). (G) Continuous Sex Abuse of a Child as defined in PC section 288.5. (H) Sexual Penetration as defined in PC sections 289(a), 289(b), 289(d), 289(e), and 289(i). (I) Any felony punishable by death or imprisonment for life. (J) Any felony in which an enhancement for great bodily injury as defined in PC sections 12022.53, 12022.7, or 12022.9 have been proven. (K) Stalking as defined in PC section 646.9. 81010.2.1

81010.2.1 Determination of County of Last Legal Residence (a) The CLLR for non-sex offenders, or city of last legal residence for sex offenders, is the county or city of residence where the offender resided prior to incarceration for the most recent commitment offense. If an offender has multiple commitment offenses, the most recent offense shall determine the CLLR or city of last legal residence. The following criteria, listed in order of priority, shall be utilized to determine the CLLR or city of last legal residence: (1) The last residence as recorded on the Probation Officer’s Report (POR) for the current commitment. (2) The last address as identified on the sentencing transcript for the current commitment. (3) The last residence as recorded on the arrest report for the current commitment. (4) The county of commitment. (b) If the POR, sentencing transcript, and arrest report for the current commitment identifies that the offender was transient or homeless, the offender shall be paroled to the County of Commitment or city of last legal residence for sex offenders. (c) To be considered the last legal residence, the document used to verify the CLLR or city of last legal residence must have a complete street address, which includes a route or street number, route or street name, and city name. Post office boxes can be considered for rural areas if the parole unit responsible for that area confirms that only post office boxes are used. Incomplete addresses, ambiguous references to street intersections in lieu of a complete address, and addresses listed only by the name of a business shall not be considered for determining the CLLR or city of last legal residence. 81010.3

81010.3 Release on Parole Definitions (a) Release on parole: The legal and physical transfer of an offender from confinement in an institution, reentry facility, or housed temporarily in a county or city jail, to the supervision of CDCR, DAPO, on a date established by operational law (PC 1170) or by the Board of Parole Hearings (BPH) (PC 1168). Release dates: (1) Indeterminate Sentence Law (ISL) release date: The date on which an ISL offender may be released from confinement pursuant to the ISL. (2) Determinate Sentence Law (DSL) release date: The date a DSL offender sentenced under PC 1170 is released to parole or discharged; also the date an offender sentenced prior to July 1, 1977, and recalculated by BPH under the provisions of PC 1170.2 is released to parole or discharged. (3) Life Inmate ISL release date: An offender serving a sentence of life with the possibility of parole. The parole date is determined by BPH. (b) Release Program Study (RPS): An electronic informational document generated within the Strategic Offender Management System (SOMS) that specifies the offender’s proposed case factors, residence, employment, institutional adjustment, supervision determination, reporting instructions, and medical disability. (c) County of Commitment: The county in which the crime was committed. (d) Inmates housed in Division of Juvenile Justice (DJJ) facilities ("M cases"): The Welfare and Institutions Code authorizes a superior court to order certain offenders (aged 18-21 years) committed to prison be housed and programmed in DJJ institutions. 81010.4

81010.4 Release Program Study Policy (a) The RPS is used to document offender management data such as case factors, residence plans, supervision determination, reporting instructions, notification and registration requirements, special interest factors, detainers, employment plans, caseworker evaluations, and medical and psychiatric designations. The electronic RPS provides associated data to pertinent staff in a real-time environment within the SOMS database. (b) Pre-release interviews (RPS, the Correctional Offender Management Profiling for Alternative Sanctions [COMPAS] reentry assessments, reporting instructions, conditions of parole or probation, direct program placements, and Pre-Release Video Conferences [PRVCs]) shall be completed pursuant to CCR Title 15, Section 3045.3(b) and Section 53130.8.1. Pre-release interviews shall take priority over institutional program participation. (c) Processing of the RPS shall adhere to the following time frames: Standard Release No Later Than (NLT) Action Calendar Days to Offender’s Release Community Transition Program (CTP) initiates RPS 210 CTP forwards RPS to Institutional Case Records or Reentry Unit NLT 180 Reentry Unit forwards RPS to parole unit Institutional Case Records forwards RPS to Probation Department NLT 165 Parole unit forwards RPS to CTP NLT 90 CTP serves copies of the RPS, Notice of Conditions (NOC), Special Conditions of Parole (SCOP), and Reporting Instructions to the inmate NLT 30 Imminent Release Action Calendar Days to Offender’s Release CTP initiates RPS 60 or less RPS processed by responsible staff Immediately, or within five business days following notification of imminent release. 81010.4.1

81010.4.1 Release Program Study Procedures (a) Community Transition Program (1) Parole Service Associate (A) The CTP shall be responsible for processing all RPS packets with exception of Fire Camps. The Parole Service Associate (PSA) shall screen each case to determine DAPO or Post Release Community Supervision (PRCS) eligibility and update the “Initiator Input” section of the “Release Plan” screen in SOMS. Upon completion of the Initiator Input section of the Release Plan screen, a system-generated notification shall be sent to the appropriate Regional Reentry Unit for the creation of the “RPS Packet Mash - Up" in the Electronic Records Management System (ERMS) “Advance Mash - Up” tab for cases determined to be within DAPO’s jurisdiction. The PSA shall then generate the RPS and ensure the following sections of the RPS are accurate and complete: I. Case Factors II. Residence Plans III. Supervision Determination by PSA V. County Agency Reporting Instructions (if applicable) VIII. Notification and Registration Requirements/Special Interest IX. Detainer(s) X. Employment Plans XI. Caseworker Evaluation XII. Serious Disciplinaries XIII. Medical/ Psychiatric (B) The PSA shall ensure the proposed primary residence is compliant with the statutory authority for parole placements pursuant to PC 3003. Upon completion of the assigned sections of the RPS, the PSA shall digitally sign the RPS and electronically forward it to the CTP Parole Agent II (Supervisor). A system-generated notification will be sent to the supervisor. If an RPS was previously generated for the current term and is over one year old, a new RPS shall be initiated by the PSA to ensure current inmate case factors are captured. (C) Upon receipt of the RPS, the Notice of Conditions (NOC), and Special Conditions of Parole (SCOP) from the parole unit or the CDCR Form 1515- CS, Notice and Conditions of Postrelease Community Supervision and any special conditions from the probation department, the PSA shall digitally sign Section VII, “Inmate Received a Copy of Reporting Instructions” of the RPS, and print the RPS and supporting documents. (D) Upon completion of Section VII of the RPS, the PSA shall ensure the following: 1. Known disabilities requiring a reasonable accommodation to achieve effective communication are verified via the Disability and Effective Communication System (DECS). 2. Effective Communication has been achieved, if appropriate. 3. The inmate signs and receives a copy of both the RPS and NOC. 4. The PSA forwards the finalized hard copy of the RPS, and the NOC or the CDCR Form 1515-CS to the Institutional Case Records office for scanning into the “Parole” tab in ERMS. (2) Parole Agent II Supervisor (A) Upon receipt of the RPS from the PSA, the PAII Supervisor shall: 1. Review the RPS for accuracy and completeness. 2. If there are errors on the RPS, the PAII Supervisor shall electronically return it to the PSA with instructions for correction. 3. Upon verification that the RPS is accurate and complete, the PAII Supervisor shall complete Section IV, “Supervisor Review and Approval of Screening Determination”, digitally sign the RPS and electronically forward it to the appropriate DAPO Regional Reentry Unit. (3) Division of Adult Institutions - Institutional Case Records Staff (A) Case records staff shall not prepare and send RPS pre-release packets to DAPO. Only the finalized inmate-signed copy of the RPS will be scanned into ERMS by case records staff. (B) Case record staff shall complete the RPS pre-release packets for all offenders who are statutorily eligible for PRCS jurisdiction. Case Records staff shall process the RPS packets according to current procedures for the Secure Automated File Exchange (SAFE) to the county probation department and update SOMS accordingly. (4) Regional Reentry Unit (A) Upon receipt of the SOMS-generated notification that an RPS has been initiated, Regional Reentry staff shall electronically compile a Mash-Up of documents which are stored in ERMS for use with the RPS Packet Mash-Up. This will ensure that all associated pre-release documents which are electronically filed in ERMS are readily accessible for review by staff during the pre-release process. The following documents shall be included in the RPS Packet Mash-Up when available: 1. POR or Arrest Report (most recent) 2. Psychological Evaluation pursuant to PC 3002 (if applicable) 3. Abstract of Judgment or Minute Order for all active cases 4. Mental Health Placement Chrono 5. Inmate/Parolee Disability Placement (if applicable) 6. Criminal Identification and Information (CI&I) (most recent) 7. Request for Victim Notification Required by PC 3058.8 and 3058.61 (if applicable) 8. Notification in Case of Inmate Death, Serious Injury/Illness (if signed copy is required) 9. Serious/Non-Serious Determination (if applicable) (B) The following RPS packet documentation shall be accessible via the “RPS Packet” drop -down menu in SOMS: 1. Sentence Data Sheet 2. Four Photographs 3. Inmate Synopsis 4. Institution Staff Recommendation Summary & Social Factor Sheet 5. Initial Classification Chrono and most recent Classification Hearing 6. Safety: Non-Confidential Offender Separation Alerts 7. Disability Placement Program Disabilities Summary 8. Medical Classification Chrono 9. Inmate Health Assessments 10. Test of Adult Basic Education Results 11. Notification in Case of Inmate Death, Serious Injury/Illness (if signed copy is not required) (C) The reentry screener shall ensure the RPS Packet Mash-Up for the offender’s current term has been created in ERMS. Upon verification that the RPS Packet Mash-Up is in ERMS, the reentry screener shall complete the Reentry Unit portion of Section VI, “CDCR Parole Reporting Instructions,” of the RPS. (D) The reentry screener shall assign the supervising parole unit pursuant to PC 3003(b), 3003(f), or 3003(h) and CDCR Form 1707, Request for Victim Services, or PC 3003(a) and Section 61010.11. Upon completion of the assigned section of the RPS, the reentry screener shall digitally sign the RPS and electronically forward it to the assigned parole unit. A system-generated notification will be sent to the supervisors of the assigned parole unit. (5) Parole Unit (A) Unit Supervisor or Assistant Unit Supervisor 1. The Assistant Unit Supervisor (AUS) shall ensure that the Reentry Unit has given the RPS to the appropriate parole unit assignment. If it is determined that the current parole unit assignment is incorrect, the AUS shall electronically reassign the RPS to the appropriate parole unit within the same parole region. If the new parole unit assignment is outside the current parole region, the AUS shall redirect the RPS to the appropriate Regional Reentry Unit for reassignment. Upon verification that the parole unit assignment is correct, the AUS shall complete the “Unit Supervisor Initial Review” portion of Section VI, “CDCR Parole Reporting Instructions” on the RPS. 2. Upon completion of the RPS, the AUS shall digitally sign the RPS and electronically forward it to the assigned parole agent. A system-generated notification will be sent to the parole agent and the RPS “Offender Investigation” will automatically be init iated in SOMS. 3. The due date of the RPS Offender Investigation will be generated at the time the investigation is initiated in SOMS. However, the AUS may manually override the due date, if appropriate. The AUS shall monitor the status and ensure the timely completion of the RPS Offender Investigation in SOMS. The standard release RPS due date shall be scheduled at least 90 calendar days before the offender’s release. 4. Upon electronic receipt of the completed RPS, NOC, and SCOP, the AUS shall review all documents for accuracy and completeness. If the documents are not accurate and/or complete, the AUS shall electronically return them to the parole agent with instructions for correction and update the RPS Offender Investigation in SOMS with the reason for additional investigation. Upon verification that the RPS, NOC, and SCOP are accurate and complete, the AUS shall: a. Complete the “Unit Supervisor Final Review” portion of Section VI, CDCR Parole Reporting Instructions. b. Digitally sign the RPS, NOC, and SCOP. c. Electronically forward the documents to the assigned PSA. 5. A system-generated notification will be sent to the PSA. SOMS will close the RPS Offender Investigation and generate the supervision level and associated “Supervision Event” based on data entered on the RPS screen. 6. The AUS shall ensure the parole agent initiates a Transfer Investigation Request (TIR) in SOMS when the “Request Out of County Parole/Release” box is checked on the RPS and the offender is eligible in accordance with Section 81010.10. (B) Parole Agent 1. The parole agent shall review the RPS for accuracy and completeness and conduct the RPS Offender Investigation, including preparation of applicable related standard forms. Any documentation produced on hard copy shall be filed in the field file. 2. Upon completion of the investigation, the parole agent shall update the RPS Offender Investigation in SOMS and complete the “Parole Agent” portion of Section VI, CDCR Parole Reporting Instructions, of the RPS. 3. Upon completion of the assigned section of the RPS, the parole agent shall digitally sign the RPS, NOC, and SCOP, and electronically forward the documents to the AUS. A system-generated notification will be sent to the unit supervisor and AUS. 4. The parole agent shall initiate a TIR in SOMS when the “Request Out of County Parole/Release” box is checked on the RPS and the offender is eligible in accordance with Section 81010.10. In the event a TIR is requested but not initiated, the parole agent shall document the reason on the RPS and in the automated Record of Supervision (ROS) in SOMS. 5. Unless waived by the unit supervisor, the parole agent shall conduct the pre- release residence verification (home visit) after receiving the RPS Offender Investigation in SOMS. The pre-release residence verification should be scheduled in advance to ensure someone will be at the residence at the time the home visit is conducted. The pre-release residence verification shall be documented on the CDCR Form 1658, Parolee Residence/Employment Verification, and in the electronic ROS in SOMS. Prior to release, the parole agent shall: a. At least 30 days prior to release: Complete Section I of the CDCR Form 2289, Notice and Request for Assistance During a Parole Proceeding. Verify any known disabilities requiring a reasonable accommodation to achieve effective communication via DECS. b. Released 30 days or less: If the offender is scheduled to be released 30 days or less upon the receipt of the RPS, residence verification is not required. However, it must be completed upon the offender’s release. c. If the pre-release residence verification is not conducted, the parole agent shall document on the electronic ROS the reason it was not conducted. d. Ensure a Re-Entry Case Plan and a Re-Entry Assessment exist in the COMPAS database. If the documents do not exist, the parole agent shall contact the CTP via electronic mail at [email protected]. e. If the offender is a sex offender, ensure the Static-99R or Female Sex Offender Risk Assessment (FSORA) is in the COMPAS database. If the assessment is not completed, the parole agent shall contact the CTP via electronic mail at [email protected]. f. Lifer pre-release residence verifications shall be conducted. The time frame of 30 days referenced above does not apply to lifer parolees as they will have a shorter time frame pursuant to Section 82101.5. g. Create the NOC and SCOP using SOMS, and indicate the reason for each SCOP in SOMS in accordance with Section 81010.15. h. Submit the RPS, NOC, and SCOP to the unit supervisor in SOMS for electronic signature. (C) Parole Unit Support Staff Upon receipt of the RPS by the assigned parole unit, support staff shall enter or update as much data as possible in SOMS and create a field file pursuant to Section 81090.6.1. 81010.4.2

81010.4.2 Imminent Release Policy (a) PC 3003 requires all cases be referred to the parole region of the offender’s CLLR for reentry screening. Every effort shall be made to initiate and/or process the RPS immediately for imminent release inmates. However, in no instance shall staff delay the processing of an imminent release case for more than five business days. Whenever possible, the RPS shall be returned to CTP and DAI no more than five business days following receipt by the assigned parole unit, and/or no less than five business days prior to the scheduled release date. 81010.4.3

81010.4.3 Imminent Release Procedures (a) Community Transition Program (Immediately upon Learning of Imminent Release) (1) CTP staff shall initiate and/or process the RPS for imminent release cases immediately or within five business days following notification of imminent release, whichever occurs first pursuant procedures outlined in Section 81010.4.1. (2) If the offender is granted parole by the BPH, CTP shall adhere to the release procedures outlined in Section 82101.2. CTP is not required to wait for receipt of the BPH Form 3005, Parole Verification Document to initiate and complete the RPS. (b) Parole Service Associate (1) Immediately initiate and process the RPS for imminent release cases. (2) Complete the RPS utilizing the procedures in Section 81010.4.1. (c) Parole Agent II Supervisor Upon verification that the RPS is accurate and complete, the PAII Supervisor shall complete the RPS utilizing the procedures in Section 81010.4.1. (d) Regional Re-Entry Coordinator. Regional Re-Entry staff shall: (A) Complete the RPS utilizing the procedures in Section 81010.4.1 immediately or within five business days following receipt of the SOMS- generated notification for imminent release cases, whichever occurs first. (B) Adhere to the procedures in Section 82101.3 for offenders granted parole by the BPH. (C) Input into the “Supervision History” under the “Parole” tab in SOMS, the date(s) for each BPH Form 3005 received and the assigned parole unit. (e) Parole Unit Parole unit staff shall complete the RPS utilizing the procedures in Section 81010.4.1 immediately or within five business days following receipt of the SOMS-generated notification for imminent release cases, whichever occurs first. (f) Division of Adult Institutions - Institutional Case Records Staff (1) For PRCS eligible imminent release cases, Institutional Case Records staff shall: (A) Immediately process the RPS according to current procedures for the SAFE to the county probation department and update SOMS accordingly. (B) Upon receipt, immediately forward the RPS and the CDCR Form 1515-CS to the CTP PSA assigned to the institution where the offender is housed. (C) Scan into ERMS the signed copy of the RPS and the CDCR Form 1515-CS. (g) Division of Adult Institutions – Institutional Case Records Notifications (1) In addition to any local institutional procedures that have been established, Institutional Case Records staff will notify the parole agent or the Officer-of- the- Day (OD) when changes occur in the offender’s release date during the ten-day audit process which begins ten days prior to release. Information regarding imminent changes (e.g., dropped holds, change in pick-up, release date, etc.) shall be entered into SOMS and forwarded to the appropriate DAPO Regional Re-Entry Unit or Regional Immigration and Customs Enforcement (ICE) Unit or parole unit. (2) Whenever there is an imminent release date change and any of the following is applicable: (A) The offender has a California Static Risk Assessment (CSRA) score of five. (B) The offender is required to register as a sex offender pursuant to PC 290 through 290.024. (C) United States Immigration and Customs Enforcement (USICE) cancelled their hold, detainer, or both and the offender is required to report to the secondary parole unit. (3) Institutional Case Records staff is directed to place a telephone call to the appropriate parole unit to inform that unit of the change and confirm receipt of the electronic transmission. If the imminent change involves a Regional ICE Unit, Institutional Case Records staff will telephone that unit, and provide notification to available staff (i.e. parole agents, PSAs, etc.). A voicemail message is not sufficient notification. Upon notification via telephone and/or electronic transmission that an ICE hold has been dropped, the assigned staff shall immediately contact the assigned secondary parole unit via telephone and inform the unit supervisor or designee that the case shall be transferred. The Regional ICE unit supervisor shall initiate the transfer to the parole unit in SOMS. The receiving unit, unit supervisor will then accept the transfer in SOMS. (h) Parole Units (1) Upon notification that a warrant or hold has been cancelled or a release date has been adjusted, support staff shall immediately ensure SOMS is updated with the appropriate information. Additionally, the unit supervisor or AUS shall ensure the case is assigned to a parole agent, and update SOMS as needed for parole agent assignment. If the warrant, hold, or both cancellation or release date adjustment requires specialized reporting instructions, the unit supervisor shall ensure the instructions are transmitted to the releasing institution no later than the next working day. The reporting instructions shall be completed by the parole agent or OD on the CDCR Form 1649, Reporting Instructions, and submitted to the Institutional Case Records (parole desk) at the releasing institution. 81010.5

81010.5 Pre-Release Video Conference Procedures (a) Parole agents assigned to a specialized sex offender caseload shall make every effort to conduct, facilitate, or both a PRVC for every inmate required to register as a sex offender who will be released on parole; unless one or more of the exceptions listed in this section exist. The PRVC shall normally be scheduled during normal business hours, and at times least likely to disrupt institutional operations. A PRVC conducted at any other time requires prior approval of the CTP PAII Supervisor where the inmate is housed. Parole agents are permitted to utilize state issued electronic equipment (i.e. mobile phone or laptop computer) for the purpose of conducting a PRVC via Skype for Business and/or Lync. (b) Scheduling (1) The Adult Parole Offender Management System (APOMS) will notify the assigned CTP PSA 90 days prior to release of a DAPO sex offender. (2) The PSA shall: (A) Determine two PRVC scheduling options on separate dates and times; send the scheduling options to the assigned parole agent via electronic mail. (B) Confirm with the parole agent the amount of time required (30 or 60 minutes) to complete the PRVC. (C) Provide at least 14 calendar days advance notice of the PRVC appointment to the parole agent. Due to institutional staffing and other factors beyond the control of CTP, only two PRVC appointment attempts will be exchanged with the assigned parole agent. (D) Schedule the PRVC on the third attempt, if two previous scheduling attempts were unsuccessful, or if an appointment that was previously determined was not successfully completed. (E) Notify the assigned parole agent and the unit supervisor of the appointment by electronic mail, to include a Skype for Business or Lync meeting invitation via Microsoft Outlook. (3) If the parole agent cannot attend the PRVC, the parole agent shall notify the unit supervisor and request to be waived from attending that specific PRVC. The unit supervisor shall assign parole agent coverage for the PRVC and notify the PSA of the change. The PSA will send the parole agent covering the PRVC and the unit supervisor a Skype for Business/Lync scheduling invitation. (c) Equipment Each CTP PSA will be issued and trained on the use of their PRVC equipment. In the event there are technical issues with the PRVC equipment and the inmate is present, every attempt should be made to facilitate the meeting via telephone (if available). (d) Conducting a Pre-Release Video Conference CTP staff shall adhere to local institutional safety procedures at all times. CTP staff shall ensure they have appropriate safety equipment (whistle, personal alarm device, etc.) prior to entering the PRVC location. CTP staff shall also ensure the camera is positioned in a manner that will not result in areas, staff, or inmates not involved in the PRVC being visible on the screen. (e) Community Transition Program (1) To facilitate a PRVC, the PSA shall be responsible for the following tasks: (A) Provide the parole agent with two alternative appointment dates and times. If scheduling conflicts prevent a PRVC appointment from being scheduled during the first two attempts, the PSA will select an appointment date and time on the third attempt. (B) Enter the PRVC appointment in the Microsoft Outlook calendar and send a Skype for Business or Lync meeting invitation to the assigned parole agent and unit supervisor. (C) Record the scheduling of the PRVC in APOMS. (D) Request a priority ducat for the PRVC appointment: date, time, and location. (E) Notify the assigned parole agent, unit supervisor, and CTP parole agent supervisor as soon as possible if the scheduled PRVC is no longer possible at the institution or if conditions in the institution (such as a modified program or inability to move the inmate to the video conference location) prevent the PRVC from occurring. If possible, provide the parole agent an alternative PRVC appointment. (F) Review DECS and if it is determined that effective communication, reasonable accommodations, or a Sign Language Interpreter (SLI) is required, make appropriate arrangements pursuant to current DAPO policy. (G) Schedule SLI services by contacting the Parole Litigation Management Unit via electronic mail at [email protected] and provide the requested date, time, and location for the SLI services. SLI appointments shall be scheduled at least five business days in advance. (H) Schedule Foreign Language Interpreter Services (FLI) by contacting the respective parole regions and provide the requested date, time, and location for the FLI services. FLI appointments shall be scheduled at least five business days in advance. (I) Log into the video conference system and confirm the system is functioning with the parole agent. If the PRVC is being conducted in a non- confidential location, notify the parole agent prior to the start of the PRVC. (J) If the inmate does not report for the PRVC, notify appropriate institution staff according to institution procedures. (K) If the parole agent does not begin the PRVC within 15 minutes of the designated start time, the PSA may cancel the PRVC. The PSA shall notify the parole agent, unit supervisor, and CTP supervisor of the cancellation. The PSA will need to initiate another PRVC appointment by emailing the parole agent. A new appointment will need to be established following the procedures outlined in this section. (L) Upon completion of the PRVC, the PSA will select “Completed” from the APOMS drop-down menu. (M) If a scheduled PRVC is not completed, the PSA shall record the PRVC as “Attempted” in APOMS and select the reason the PRVC was not completed from the APOMS drop-down menu. (f) Parole Agent (1) Prior to conducting the PRVC, the parole agent shall: (A) Review the RPS. (B) Review DECS to determine if effective communication, reasonable accommodations, an SLI, or a combination of the above are needed. If an SLI or a Foreign Language Interpreter is required, the PSA will ensure the SLI or Foreign Language Interpreter is available at the time of the PRVC. (C) Log into the video conference system and confirm the system is functioning with the PSA in the institution. If the PRVC does not commence within 15 minutes of the scheduled start time, the parole agent may cancel the PRVC. A new appointment shall be established following the procedures outlined in this section. (D) Determine if the PRVC will be conducted in a non-confidential location. If so, the parole agent shall not discuss any topic that may jeopardize the inmate’s safety. (2) During the PRVC, the parole agent shall review: (A) Reporting instructions. (B) NOC and SCOP. (C) Direct placement into a CDCR-funded program, if the inmate has not already accepted a direct placement, or other residence and employment plans. (D) Discharge consideration criteria. (E) Pre-release services and benefit referrals (e.g., Medi-Cal enrollment, California Identification Card, Transitional Case Management Program, Veteran’s benefits, Social Security). (F) If time permits, the parole agent may conduct the comprehensive interview, and document it on the CDCR Form 1650-B, Initial/Comprehensive Interview. If the comprehensive interview is conducted and no changes occur prior to the inmate’s release, a new c omprehensive interview is not required. (G) The parole agent shall document the PRVC in the electronic ROS and if effective communication or reasonable accommodation was required, document the type of accommodation provided to achieve the inmate’s understanding. (g) Unit Supervisor (1) The unit supervisor shall: (A) Ensure compliance with Section 81010.5. (B) Ensure the video conferencing equipment is accessible to the parole agent prior to the PRVC. (C) Maintain a log of PRVC equipment usage with the following information: 1. Date and time PRVC equipment is to be used. 2. Parole agent using equipment. (D) Ensure parole agents document effective communication and other reasonable accommodations in the automated ROS and on the CDCR Form 1650-B. (E) Determine a location in the parole unit where confidentiality will be maintained during the PRVC. (h) Exceptions (1) CTP staff will not facilitate a PRVC if any of the following apply: (A) The inmate will be released to a USICE warrant or detainer. (B) The inmate declines to attend the PRVC. (C) The inmate is housed at a California Out-of-State Correctional Facility (COCF), Fire Camp, Male Community Reentry Program (MCRP), or Custody to Community Transitional Reentry Program (CCTRP). (D) The inmate is housed in a Security Housing Unit (SHU), Administrative Segregation (AD-SEG) Unit, Psychiatric Services Unit (PSU), Mental Health Crisis Bed, or the inmate is housed in a location in which the inmate cannot report to the PRVC location. (E) The local conditions where the inmate is housed prevents the PRVC from being conducted. (F) A PRVC is scheduled, but the inmate’s release date is adjusted, resulting in the inmate being released prior to the scheduled PRVC. (2) In the event a PRVC is not conducted for an inmate due to any of the above exceptions, the PSA shall notify their immediate supervisor via electronic mail as soon as possible. (3) If for any reason(s) the PSA is unable to schedule a PRVC based on the volume of requests, the PSA shall notify their immediate supervisor as soon as reasonably possible. The supervisor shall then notify their PAIII who will identify alternate arrangements for conducting the PRVC, when possible. Should there be no available alternatives, the CTP PAIII will be authorized to waive the PRVC for impacted inmates. The PAIII shall inform the parole agent and unit supervisor of the inability to complete a PRVC. 81010.6

81010.6 Release Funds Policy (a) Offenders and exonerated persons are entitled to receive $1.10 per day of incarceration upon their parole date, up to a maximum of $200. The parole agent and the unit supervisor may determine the release fund amount the inmate shall receive upon release to parole, with the balance forwarded to the parole unit. These amounts shall be in the reporting instructions section of the RPS. Release funds forwarded to the parole unit shall be given to the offender within 60 days of the day the offender reports to the parole unit, or within 60 days of the day the parole agent is notified by unit support staff that the release funds have been received by the parole unit. (b) Offenders, who are paroled to a hold issued by another state or the federal government, including USICE detainers, are not entitled to release funds. (c) Offenders who are paroled to a hold issued by a local law enforcement agency in the State of California, or offenders who are paroled to a DSH facility are entitled to release funds. The releasing DAI facility will request the release funds and forward the funds to the local law enforcement agency holding the offender, or to the DSH facility for deposit into the patient’s account. If an offender incarcerated for local charges is sentenced to CDCR for a new prison term, the offender is not entitled to release funds from the prior term. (d) Release Funds Log A log shall be maintained by parole unit support staff documenting the name of the parole agent who was given the funds for distribution, the date they were was given, the date they were delivered by the parole agent to the offender, or the disposition of the undelivered funds. 81010.6.1

81010.6.1 Ordering and Issuing Release Funds Procedures (a) Parole Agent (1) For offenders being released to the supervision of DAPO, specify the amount of money to be given to the offender at release and the amount to be forwarded to the parole unit on the RPS. (2) (Within 30 Days After Release) (A) Provides the balance of funds not given to the offender at the time of release, to the offender, if applicable. (B) Returns all undelivered funds more than 30 days old from the date of issue, receipt, or release; whichever comes later to CDCR Inmate Accounting. 81010.6.2

81010.6.2 Ordering Release Funds After Release Procedure (a) Parole Agent (1) When an offender is released from an institution to the supervision of DAPO, or discharged from supervision without release funds, the parole agent shall calculate the amount owed to the offender and complete the CDCR Form 102, Release Statement, and give the form to parole unit support staff. (2) After the parole unit receives the release funds, the parole agent shall instruct the offender to sign the CDCR Form 102 prior to being issued the funds. (3) The staff issuing the funds shall sign the “Witness Signature” section of the form. (b) Support Staff (1) Support staff shall scan the CDCR Form 102 and submit the form to CDCR Inmate Accounting by sending an electronic mail to: [email protected]. (2) Support staff shall return the CDCR Form 102 to the parole agent. When the parole unit receives the release funds, support staff shall notify the parole agent. (3) After funds are issued to the offender, mail the CDCR Form 102 within seven working days to: California Department of Corrections and Rehabilitation Accounting Services Branch-Bakersfield PO Box 12050

12050 Bakersfield, CA 93389-2050 81010.6.3

81010.6.3 Ordering Release Funds For Exonerated Persons Procedure (a) Pursuant to PC 3007.05(d), in addition to any other payment entitled by law each person who is exonerated shall be paid the sum of six thousand dollars ($6,000) upon their release. When an exonerated person is released from State prison, the releasing Institutional Case Records staff will issue release funds pursuant to PC 2713.1 and 3007.05(e). (b) Institutional Case Records Staff (1) When an exonerated person is released from a facility other than directly from a CDCR institution, they are responsible for requesting their release funds by contacting the parole desk of the releasing institution. When contacted by an exonerated person requesting their release funds, Institutional Case Records staff shall: (A) Obtain the exonerated person’s address and contact the appropriate regional parole re-entry unit to determine the parole office closest to that address. (B) Complete the CDCR Form 102, attach the Exonerated Person Notice to ASB-Bakersfield and forward both documents to the Accounting Services Branch – Bakersfield (ASB – BAK) for processing and the issuance of release funds: Accounting Services Branch – Bakersfield PO Box 12050

12050 Bakersfield, CA 93389-2050 (C) ASB – BAK will send the release funds to the parole office identified on the CDCR Form 102. (c) Designated Parole Unit (1) Unit Supervisor (A) Upon receipt of the processed CDCR Form 102 and release funds from ASB – BAK, the unit supervisor or designee shall: 1. Ensure that the exonerated person signs the CDCR Form 102. 2. Sign the CDCR Form 102 as a witness confirming issuance. 3. Once the CDCR Form 102 is signed, issue the release funds to the exonerated person. (B) The signed CDCR Form 102 and one copy shall be sent to ASB – BAK. (C) Funds not disbursed and debit cards not activated within 30 days from the date of issuance must be returned to ASB – BAK. Any checks outstanding for more than 60 days from the date of issue will be voided. 81010.7

81010.7 Verification of Employment Authorization Policy (a) All persons, including offenders, must present potential employers with certain documents that prove their identity and right to work. It is illegal for employers to knowingly hire, recruit, or refer for a fee unauthorized aliens for employment. An unauthorized alien includes anyone who is not a U.S. citizen, is not a permanent resident alien, or is not authorized to work by the Immigration Reform and Control Act or the U.S. Attorney General. In order to be lawfully employed, all persons, including offenders, must prove their identity and right to work by presenting one of the following documents to prospective employers: (1) Driver's license with individual's photograph. (2) Identification card with individual's photograph. (3) Social Security card which authorizes employment. (4) U.S. birth certificate. (b) If the above-listed documents are unavailable, an individual may present one of the following: (1) U.S. passport. (2) Certificate of U.S. citizenship. (3) Certificate of Naturalization. (4) Unexpired, foreign passport authorizing employment. (5) Resident alien card or other alien registration card with individual's photograph. (6) Any other document(s) the U.S. Attorney General finds acceptable. (c) The verification of employment authorization shall occur within 24 hours of an individual's hiring, recruitment, or referral. 81010.8

81010.8 Length of Parole (a) The length of the parole term shall be determined by Parole Case Records staff. The length of the parole term is based on the statutes defining the parole term for a particular offense at the time of the commitment offense. (b) The length of parole shall be established within specified statutory maximums by the BPH for offenders subject to PC 1168 and by CDCR for offenders subject to PC 1170. BPH shall set the length of parole for offenders sentenced under PC 1168 at the Parole Consideration Hearing. The parole period specified by the BPH shall be on the NOC. The offender shall be given a copy of the NOC prior to release on parole. 81010.8.1

81010.8.1 Division of Juvenile Justice "M" Case Policy "M" cases are felon offenders age 16-21 years committed to prison but ordered housed in a DJJ facility. As felon commitments, DJJ "M" cases are subject to Title 15, Division 3 of the CCR, BPH rules and regulations, and all laws applicable to CDCR offenders. DJJ may transfer an "M" case to CDCR jurisdiction at any time it is determined that DJJ jurisdiction is no longer appropriate (usually on the basis of serious disciplinary or additional law violations). Jurisdiction automatically transfers to CDCR when an "M" case reaches age 25, if still under correctional supervision. 81010.9

81010.9 Effect of Revocation and Suspension on Parole Period (a) Pursuant to Penal Code Section 3000(b)(6), time during which parole is revoked extends the parole period automatically by the amount of days served in custody for the revocation. When parole is revoked, any time credited toward continuous parole is lost. Time on continuous parole begins again when the offender is released to the jurisdiction of DAPO after serving the revocation period. (b) Pursuant to Penal Code Section 3000(b)(6), time during which parole is suspended because the offender has absconded will not be credited toward the parole period. When parole is suspended, any time credited towards continuous parole is lost. The tolled time period begins on the day the warrant issued by the superior court, or, if the warrant is issued by BPH, on the suspension date ordered by BPH. Tolled time ends when the offender is arrested for the outstanding warrant. 81010.9.1