Department Operations Manual

81060.9 Compact Offender’s Violation Addressed with Remedial Sanctions Procedure (a) Pursuant to PC 11177.1, PC 11180, and ICAOS Rule 4.109-1, CDCR has the authority to impose conditions of parole and instructions as needed to address a violation with remedial sanctions. When the parole agent discovers probable cause that a Compact Offender has violated his or her conditions of parole, the parole agent shall: (1) Conduct a verbal case conference with the US and document the result of the case conference on the automated Record of Supervision. (2) Enter the charge(s) in the Parole Violation Disposition Tracking System (PVDTS) within required timeframes. (3) Complete the automated Parole Violation Decision Making Instrument (PVDMI) within required timeframes. (4) Upon concurrence from the US, impose the remedial sanction(s) and instruct the Compact Offender as necessary. (b) Within five business days, document the violation(s) on a “Progress Report” ICAOS form, as a behavior not requiring retaking, and also document the incentives, corrective actions or graduated responses on the automated Record of Supervision. Upon US approval of imposed remedial sanctions, electronically submit the “Progress Report” ICAOS form and supporting documents to the ICU. 81060.10

81060.10 Compact Offender Violation Addressed with Revocation Procedure (a) CDCR has the authority to arrest and detain Compact Offenders suspected of violations of supervision conditions. ICAOS Rule 5.108(d) provides offenders the following rights: (1) Written notice of the alleged violation(s). (2) Disclosure of non-privileged or non-confidential evidence regarding the alleged violation(s). (3) The opportunity to be heard in person and to present witnesses and documentary evidence relevant to the alleged violation(s). (4) The opportunity to confront and cross-examine adverse witnesses, unless the hearing officer determines that a risk of harm to a witness exists. (b) In the state of California, the superior court for the county having jurisdiction over the county where the Compact Offender is being supervised has the jurisdiction to hold a good cause hearing. (c) If the violation has resulted in a new felony charge being filed against the Compact Offender by the local district attorney, a separate hearing to adjudicate the violation is not required. 81060.10.1

81060.10.1 Compact Offender Revocation and Hearing Procedures (a) Parole Agent (1) If conduct rises to the level of behavior requiring retaking, the parole agent shall: (A) Conduct a verbal case conference with the US and document the result of the case conference on the automated Record of Supervision. (B) Upon US approval, arrest and book the Compact Offender into the county jail where the hearing should be held. The Compact Offender shall be booked under the PC 3056 and 11177.1, Interstate Parole Hold. The parole agent shall contact the Warrant Unit to have an “INTERSTATE PAROLE HOLD” sent by teletype to the appropriate facility. (C) Complete the Probable Cause Determination (PCD) by the deadlines identified in PVDTS. (D) Complete the automated PVDMI, and automated Parole Violation Report, by the deadlines identified in PVDTS. (E) Upon completion of the automated Parole Violation Report, complete the “Offender Violation Report” ICAOS form and submit supporting documents for review to the US. (2) The “Offender Violation Report” ICAOS form shall contain the following information: (A) The offender’s name, state -issued identifying numbers, and current location. (B) The date and description of the behavior requiring retaking. (C) The date, description, and documentation regarding the use of incentives and corrective actions, including graduated responses or other supervision techniques to address the behavior(s) requiring retaking in the receiving state. (D) The offender’s response to such actions. (E) The date, description, and documentation regarding the status and disposition, if any, of the offense(s) or behavior(s) requiring retaking up to and including any previous non-compliance, to include a description of the use of corrective actions, graduated responses, or other supervision techniques. (F) The name and title of the parole agent making the report. (G) If the offender has absconded parole supervision, the offender’s last known address and telephone number, name and address of the offender’s employer, and the date of the offender’s last personal contact with the supervising parole agent including details regarding how the supervising parole agent determined the offender to be an absconder. (H) Supporting documentation regarding the violation. (3) Attend court hearing(s), if subpoenaed. (b) Unit Supervisor (1) Upon a case conference review that the Compact Offender’s conduct rises to the level of behavior requiring retaking, the US shall: (A) Review the violation packet, complete the supervisor’s portions, and after the notice agent serves the offender idle the case. (B) Review the “Offender Violation Report” ICAOS form within one business day and submit the report to ICU via electronic mail. (C) Upon notification from ICU that a Probable Cause Hearing (PCH) has been requested, remove the case out of idle and refer for revocation in PVDTS. (D) Ensure that court hearings are attended by DAPO staff, if subpoenaed. (E) Ensure the PC 3056 and11177.1 hold is lifted within 24 hours and that the parole agent continues supervision of the Compact Offender, if the superior court does not find “good cause.” (F) Ensure minute orders are obtained and scanned into PVDTS and sent to the ICU via electronic mail within 24 hours, if the superior court does find “good cause.” (G) Ensure the PC 3056 and 11177.1 hold remains in place pending a detainer from the sending state for the parolee to be retaken by the sending state. (c) Interstate Compact Unit Administrator or Designee (1) Upon receipt of an “Offender Violation Report” ICAOS form, the ICU shall: (A) Review the “Offender Violation Report” ICAOS form. (B) Submit the completed “Offender Violation Report” ICAOS form to the sending state via ICOTS within ten business days of receipt from parole units, and no later than 30 days from date of violation discovery. (C) Upon receipt of instructions from the sending state, ensure the parole unit complies with those instructions. (D) If the sending state requests a PCH, within two business days, notify the Unit Supervisor of the assigned parole unit and the Court Compliance Unit by electronic mail. 81060.10.2

81060.10.2 Compact Offenders Who Commit a New Law Violation Procedures Parole Agent (a) Parole Agent (1) Discovers new criminal charges have been filed in a California court against a Compact Offender. (2) If the Compact Offender was arrested, places an Interstate Parole Hold pursuant to PC 3056 and 11177.1, as described in Section 81060.10.1. (3) Obtains police report(s), court docket number, and upcoming court date(s), within the timeframes for California parolees in custody on a parole hold. (4) Completes the Probable Cause Determination (PCD), automated PVDMI, and automated Parole Violation Report, then attaches all documents relevant to the violation and submits the automated PVDMI to the US. Include the docket number, next known court hearing date, and charges filed against the Compact Offender in the “Court Information” section. (5) Completes the “Progress Report” ICAOS form, and attaches all documents relevant to the violation, and submits the report to the US. (6) Advises ICU of all pending court proceedings and/or dispositions via electronic mail. (7) Supervises the case according to current DAPO policies and procedures. (b) Unit Supervisor (1) Reviews the PCD, automated PVDMI, automated Parole Violation Report, and completes the supervisor’s portions. (2) Reviews the “Progress Report” ICAOS form and submits the report to the ICU via electronic mail. (3) After approving the PCD, automated PVDMI, and automated Parole Violation Report, idles the case in PVDTS. (4) Ensures all pending court proceeding updates are submitted to ICU via electronic mail. (5) Ensures all disposition minute orders are submitted to ICU via electronic mail. (6) Ensures any instructions from the sending state are followed. (c) Interstate Compact Unit Administrator or Designee (1) Reviews the “Progress Report” ICAOS form and enters the report into ICOTS. (2) Submits the “Progress Report” ICAOS form to the sending state via ICOTS. (3) Upon receipt of instructions from the sending state, ensures the parole unit complies with those instructions. (4) Monitors and tracks pending court procedures and dispositions. (5) Upon receipt of a minute order with a conviction of new law violation(s), submits an “Offender Violation Report” ICAOS form to the sending state via ICOTS. (6) If the local charges are dismissed and it is determined that the offender’s behavior still rises to the level of behavior requiring retaking, ICU has the discretion to submit an Offender Violation Report to the sending state. 81060.11

81060.11 California Interstate Parolee Transfer Investigation Policy (a) Policy (1) A request by a parolee to move to another state shall first be evaluated to determine compliance with Interstate Compact requirements before submitting the submission of a transfer investigation request. The parolee shall not be allowed to travel to the receiving state pending investigation unless prior approval is obtained from ICU. The receiving state shall not be contacted directly by the parole agent. Any necessary telephone contact with the receiving state shall be made by ICU. Parolees with special conditions of parole shall not be allowed to transfer to another state unless the receiving state indicates the ability to enforce the special condition(s) or the special condition(s) are removed. (2) Before submission of the transfer request, the parole agent shall make a reasonable effort to verify the parolee’s claims of the proposed address and support. The parole agent shall conduct a case conference with the US to determine if the parolee has a valid plan. 81060.11.1

81060.11.1 California Interstate Parolee Transfer Victim Notification (a) Upon submission of a Request for Reporting Instructions and/or Transfer Request the US shall inform any known victim(s) on departmental letterhead of their right to be heard. (1) The subject line of the letter shall state, “Victim’s Right to Be Heard and Comment.” (2) The letter shall advise victim(s) of offender’s request to transfer out of state and the victim’s right to be heard. (3) The letter shall advise the victim(s) they have 15 days to respond to the US from the date of letter. (b) Upon receipt of a victim’s comments, the US shall consider their comments relating to the Transfer Request. (1) Victim’s comments shall remain confidential. (2) If the US determines that the victim(s) is/are deemed at-risk by the approval of the offender’s Transfer Request, then the US shall contact the ICU via electronic mail requesting withdrawal of the transfer if one has already been submitted. (3) The US shall respond to the victim no later than five business days following receipt of the victim’s comments, indicating how the victim’s concerns will be addressed. (4) The US shall send a copy of the “Victim’s Right to Be Heard and Comment” letter and copies of all correspondence received from the victim via electronic mail to ICU at [email protected]. (5) The US shall send a copy of the “Victim’s Right to Be Heard and Comment” letter and copies of all correspondence received from the victim via electronic mail to Parole Case Records for entry into SOMS. (c) The US shall document all correspondence and attempts to notify victim(s) and document all actions to show compliance with ICAOS Rule 3.108-1, including type of contact, letters sent, responses received, victim concerns, and services provided on the automated Record of Supervision. (d) For purposes of complying with ICAOS Rule 3.108-1, DAPO defines identified victim(s) as those who have completed a CDCR Form 1707, Request for Victim Services, and have requested notification of changes to an offender’s status. (e) Parole Case Records (1) Upon receipt from a parole unit of a “Victim’s Right to Be Heard and Comment” letter or a copy of the victim’s response to the “Victim’s Right to Be Heard and Comment” letter, Parole Case Records staff shall: select the menu option “Victim Notification,” in SOMS under the “Offender” tab, select “Notification Request,” select the name of victim who submitted a “Victim’s Right to Be Heard and Comment,” scan document and file it electronically within victim’s record. 81060.11.2

81060.11.2 California Interstate Parolee Transfer Investigation Procedures (a) Parole Agent (1) The parole agent shall complete the Interstate Transfer Request package and submit the package to ICU electronically. ICU shall enter the package into the ICOTS system. The package shall include the following: (A) “Offender’s Application for Interstate Compact Transfer” ICAOS form, signed by the parolee and the parole agent who witnesses the parolee’s signature. (B) “Transfer Request” ICAOS form. (C) Signed, automated Notice and Conditions of Parole, with any Addendums, or the Notice of Conditions and Special Conditions of Parole created in SOMS. (D) Abstract of Judgement for the commitment offense. (E) Probation Officer’s report, and presentence investigation report or police report(s) documenting the commitment offense. (F) Photograph of the offender. (G) Any orders restricting the offender’s contact with victims or any other person. (H) Statement of Restitution Obligation from the CDCR Office of Victim and Survivor Rights showing any court-ordered financial obligations and restitution balance of the parolee. (I) A CDCR Form 1502, Activity report, summarizing the parolee’s conduct on parole, need for transfer, any violations, whether or not there is a known gang affiliation and the gang with which the offender is known to be affiliated, and any medical or mental health problems. (J) If the transfer request is for a treatment program, a letter on letterhead from the program stating that the parolee is accepted into the program and has a space available for the parolee. (K) If applicable, an acceptance letter from a training program, college, university, or employer. (L) If the parolee is a sex offender, the following documents, if available, shall also be included in the transfer request: 1. A copy of the parolee’s most recent registration, California Department of Justice Form 8102, Sex Registration/Address Change/Annual or Other Update. 2. Assessment information, including any sex offender specific risk assessments. 3. Law enforcement report that provides specific details of a sex offense. 4. Victim information, including the name, sex, age, and relationship to the offender; and the victim’s statement or statement from the victim’s representative. 5. The sending state’s current or recommended supervision and treatment plan. (2) Document actions completed by the parole agent, including any victim concerns or right to be heard, shall be documented in the electronic Record of Supervision. (3) Advises parolee if request is rejected. (4) Proceeds as follows if case is accepted: (A) Notifies parolee of transfer decision and gives specific reporting instructions to the parolee based on the response from the receiving state. (B) Complete “Notice of Departure” ICAOS form and submit the form to the ICU on the day of the parolee’s departure or within one business day of departure. Upon notification from the ICU that the parolee has arrived in the receiving state, complete a CDCR Form 1502 Activity Report recommending the case be transferred to the ICU for continued supervision. (C) Transfers the case to ICU and forwards the field file and all CDCR Form 1650-D(s) to ICU. (D) Life-term offender cases accepted by the ICU for out-of-state transfer of parole must be reviewed and confirmed by the Board of Parole Hearings (BPH) before being granted placement in the desired state. If necessary, the geographic placement shall be amended or vacated. (E) Ensure there are no victim(s) and or witness(s) concerns within the desired state, as documented on the offender’s special conditions of parole. (b) Unit Supervisor Ensure field file is in compliance with current DAPO policy and forwarded to the ICU within five business days. (c) Interstate Compact Unit Staff (1) Forwards completed investigation packages to receiving state via the ICOTS system. (2) Pursuant to ICAOS Rule 3.108 “Victim’s Right to Be Heard and Comment” the Interstate Compact Unit staff member shall ensure a letter notifying the parolee’s victim(s) regarding an offender’s Transfer Request has been sent to the victim(s) by the parole unit, a letter responding to the victims(s) concerns has been sent, and that the correspondence has been entered into SOMS under the “Notification Request” section prior to an approved “Reply to Transfer Request” ICAOS form being sent to the parole unit. (3) Forwards “Reply to Transfer Request” ICAOS form to the parole unit. (4) Forwards a “Notice of Departure” ICAOS form from the parole unit to the receiving state via ICOTS. (5) Upon receipt of a “Notice of Arrival” ICAOS form from receiving state, forward to the parole unit and request that the field file be sent to ICU within five business days. 81060.12

81060.12 California Interstate Parolee Return to California Procedures (a) In accordance with ICAOS Rule 5.103, a California Interstate parolee will be returned to California when the parolee commits a behavior requiring retaking violation, absconds from supervision in the receiving state, when the parolee is convicted of a new felony offense, or when the parolee is convicted of a misdemeanor with an element of violence. The following staff procedures shall be fo llowed upon ICU’s notification of a parolee’s arrest: (1) Interstate Compact Unit Staff (A) Manually initiate a case in PVDTS. (B) Complete the automated PCD and idle the case. (C) Monitor the parolee’s court status to determine the parolee’s availability to return to California. (D) Collect all available court documents, including but not limited to, the minute order, probation officer report, or police reports, of the violation and upload them into the PVDTS packet. (E) Make arrangements with the Extradition Unit for transportation of the parolee back to California with the CDCR Statewide Transportation Unit if the parolee is in custody. If the parolee is not in custody, provides reporting instructions for the parolee’s return. (F) Send the field file with all supporting documents to the originating parole unit in California via overnight courier, on the first business day following the final transportation arrangements or submission of reporting instructions. (2) Parole Unit Parole Agent (A) The parole agent shall be responsible for making a recommendation to the unit supervisor if the parolee should be continued on parole, or if the violation committed in another state should be addressed with a revocation. Upon returning to California, the parole agent shall: 1. Conduct a verbal case conference with the US no later than close of the next business day following the parolee’s return to California. 2. If the decision is made to refer for revocation, proceed with filing a Petition for Revocation. 3. If the parolee fails to return to California by the date ordered, request a Code 2, NCIC warrant for the parolee’s arrest from the superior court. 4. The parolee shall not be permitted to return to the state previously approved under the initial transfer request. A new transfer request must be submitted via the ICU. 81060.13

81060.13 California Interstate Parolee-At-Large Policy A California Interstate parolee (a California parolee supervised in another state) absconds when the parolee becomes unavailable for supervision. A suspension action and warrant are necessary to arrest and detain any California Interstate parolee who is not in California or the authorized receiving state. California Interstate absconders whose warrant was issued prior to July 1, 2013, will be reported to the Board of Parole Hearings (BPH). California Interstate absconders whose warrant was issued on or after July 1, 2013, will be addressed with a remedial sanction or filing of a Petition for Revocation in the superior court for the county where the parolee was last supervised prior to being transferred to another state. Should anything in this section conflict with county superior court procedures, the county superior court procedures shall prevail. 81060.13.1

81060.13.1 California Interstate Parolee Absconding Procedures Interstate Compact Unit Parole Agent Upon being notified by the receiving state that a California Interstate parolee has absconded from supervision in the receiving state the ICU parole agent shall: • Complete Judicial Council of California Form CR-301, Warrant Request and Order, and MC-031, Attached Declaration if needed, and enter them into the PVDTS system. • Notify the Court Agent for the California county where the parolee was supervised prior to the parolee’s transfer to another state. The Court Agent will submit the Warrant Request and Order to the appropriate Court for review and/or approval and provide the parole agent with a copy of Court’s decision. • Upon issuance of the warrant, the ICU parole agent shall notify the receiving state via the ICOTS system. • When the parolee is apprehended, the ICU parole agent shall ensure a detainer is in place and submit a Judicial Council of California Form CR- 302, Request to Order and Recall Warrant, via the PVDTS system. • When the parolee is available for extradition the ICU parole agent shall proceed as described in section 81060.14. 81060.14

81060.14 Extradition Policy (a) A parolee is an absconder anytime the parolee leaves California without permission, does not return to California on the date specified on a travel permit, or is arrested outside of California for an outstanding PAL warrant. All arrests and parole violations committed by California parolees outside California shall be reported to BPH if the warrant was issued prior to July 1, 2013. All warrants issued by a California superior court on or after July 1, 2013 shall be resolved with remedial sanctions or by the filing of a Petition for Revocation in the county where the warrant was issued. (b) A California detainer cannot be issued to arrest or detain a California parolee who is outside California until the BPH or superior court issues a warrant, suspends parole, and orders return to California. A California parolee who is suspended and is in custody outside California (with no criminal prosecution pending in the other jurisdiction) must be returned to California if the recommendation is to refer to BPH or the superior court for revocation proceedings. A parolee is not entitled to a revocation hearing in another state. Prior to extraditing the parolee, the parolee shall receive a discharge review by BPH, if BPH has discharge jurisdiction over the parolee. BPH may act to discharge the parolee or BPH may take no action. If BPH takes no action the parolee will be returned to California. In cases where the commitment offense occurred after June 27, 2012, the parole agent shall submit a discharge review in PVDTS. If DAPO discharges the parolee, the parole agent shall ensure that the warrant is cancelled and the holding facility removes the detainer. If DAPO acts to retain the parolee, the parole agent shall proceed in Section 81060.14.1. (c) If the parolee is not returned to California within 90 days of filing the detainer, the parole agent shall issue reporting instructions to the holding facility for the parolee to report to California after release. 81060.14.1

81060.14.1 California Parolee Arrested Outside California Procedures (a) Extradition Unit (1) Upon being notified of the arrest of a parolee for an outstanding PAL warrant, the Extradition Unit shall: (A) Send the CDCR Form 1737, Extradition Data Worksheet via electronic mail to the US, the AUS, and the parole agent. (B) Send the CDCR Form 1737, to the BPH Special Processing Unit via electronic mail. (C) The Extradition Unit shall proceed with the extradition process unless BPH or DAPO act to discharge the parolee and submits the decision to the Extradition Unit. (b) Parole Agent (1) If the parole agent discovers the parolee was arrested out of state via any method other than the California Law Enforcement Telecommunications System, the parole agent shall determine the arrest and custody location information and notify the Warrant Unit. (2) Upon receiving the CDCR Form 1737, Extradition Worksheet, enter all known charges into PVDTS and complete the automated PCD within required timeframes. (3) Complete an abbreviated automated Discharge Review Report within PVDTS timeframes using the Discharge Review function. The type of Discharge Review will be “Extradition.” (4) Enter “Out of State” in the Current Location, County of Arrest, and Current County of Custody in PVDTS. (5) Ensure the State and current location of the offender is identified within the narrative of the Discharge Review Report. (6) PVDTS will automatically forward the automated PCD and Discharge Review Report to BPH to conduct a discharge review. (7) If BPH acts to discharge the parolee, the parole agent shall ensure the warrant is cancelled and the detainer is removed. (8) If BPH takes no action, the parole agent shall proceed with the revocation process. (9) Upon the return of the parolee to California, file the Petition for Revocation in the superior court that issued the warrant. (c) Unit Supervisor (1) Ensure detainer is in place at the facility holding the parolee. (2) Ensure the signed CDCR Form 1515 is submitted electronically to the Extradition Unit at [email protected]. (3) Complete the Probable Cause Determination step in PVDTS indicating at least one charge is true. (4) Idle the case in PVDTS pending return to California. (5) Activate the case upon return to California. (6) Ensure the parole agent and Court Agent file the Petition for Revocation in superior court by the due dates indicated in PVDTS. (7) If the parolee is continued on parole by the Administrative Review Officer (ARO) upon release from custody, ensure the parolee is supervised according to current DAPO policies and procedures. 81060.15

81060.15 California Parolee Revocation Period Policy If a parolee is extradited to California for revocation proceedings, the revocation period begins when the parolee detained by BPH or superior court warrant is filed as a detainer with the holding facility. A parolee is available for return to California when any local prosecution or sentence is completed, and one of the following occurs: • Extradition is waived. • Extradition is ordered by the court in the other state. 81060.16

81060.16 Concurrent Parolee Supervised in California Violation Policy The superior court may revoke the California parole of any concurrent parolee supervised in California. 81060.17

81060.17 Appeal Policy An offender, whether supervised in California or in a receiving state, may appeal decisions, actions, or policies of CDCR that the offender can demonstrate adversely affect the offender. A Compact Offender may also appeal decisions, actions, or policies of CDCR that the parolee can demonstrate adversely affect the offender’s welfare. 81060.17.1

81060.17.1 Appeal Procedures Parole Agent (During Initial Interview) Reviews appeal process and current forms with the offender. 81060.18

81060.18 Special Investigation Policy Special Investigation Requests are from another state seeking information about an offender who has been arrested in California and may be in a local custody facility. Other types of information may also be requested by other states. 81060.19

81060.19 Special Investigation Procedures Interstate Compact Unit Staff Forwards Special Investigation Request to appropriate region. Regional Screener Forwards Special Investigation Request to appropriate parole unit. Unit Supervisor Assigns Special Investigation to parole agent. Parole Agent (Within 30 Days of Receipt of Investigation) Secures information requested by other state. Prepares report for requesting state on “Compact Action Request” ICAOS form, or as directed by requesting state. Forwards original Investigation Report and any supporting documents to requesting state and a copy to ICU. 81060.20

81060.20 Revisions The DAPO Director shall ensure the contents of this article are accurate and current. 81060.21

81060.21 References Penal codes 296.1, 3059, 11175, 11176, 11177, 11177.1, 11180, 11181, 11192, 11193, 11194 and 11195