Department Operations Manual

81010.9.1 Revocation and Suspension for Offenders Resentenced Pursuant to PC 1170.18(d) Offenders resentenced pursuant to PC 1170.18(d) shall serve a maximum one- year parole term, unless the court, in its discretion, as part of the resentencing order, releases the person from parole, and shall be subject to tolling in the event of revocation or suspension of the parole term. 81010.10

81010.10 Transfer Investigation Request Policy (a) An offender shall be paroled to CLLR. An offender may be paroled to another county, or an active parolee may be transferred to another county when this would be in the best interest of the public and parolee, in accordance with the criteria specified in Section 81010.2.1. If a decision is made to allow parole to another county, the reasons shall be specified in SOMS and approved by the procedures established in this article. DAPO staff shall review the RPS, and information in SOMS to determine if a TIR has been requested and to verify that the proposed residence plans meet the criteria for a TIR specified in Section 81010.2.1. The TIR shall be processed using SOMS. Pre-Parole out- of-state transfer requests for PRCS offenders will be processed by the supervising probation department. Offenders subject to a lifetime parole term require BPH approval for out-of-state transfer request. Offenders with active detainers are not eligible for out-of-State transfers. Pre-Parole TIRs that are submitted for direct placement from an institution to a CDCR-funded residential treatment program shall be processed with automatic approval, regardless of whether or not the county is considered closed to transfers. DAPO staff assigned to arrange direct placements shall make every effort to place the offender in a CDCR-funded residential treatment program in the offender’s CLLR prior to initiating a TIR. (b) An offender may be transferred for the purpose of temporary placement in a county other than the CLLR for participation in a remedial sanction program, regardless of supervision level. Transferred offenders shall be returned to the CLLR upon completion of the program if the offender does not maintain one of the other criteria for transfers in Section 81010.2. When utilizing a program as a remedial sanction, temporary placement of an out-of-county offender shall not be restricted by current import, export, or both limitations. (c) When the offender is transferred outside of the CLLR based on participation in a CDCR-funded or an approved non-CDCR-funded community-based residential treatment program, to include education, employment, or training and the program is no longer offered within that county, the offender may be allowed to participate in a similar program pursuant to CCR Title 15, Division 3, Subsection 3745(b). (d) If an offender successfully completes a qualifying program outside the CLLR, the offender may be given the option to remain in that county if the offender maintains one of the other criteria for transfers in Section 81010.2 and pursuant to CCR Title 15, Division 3, Subsection 3745(d). 81010.10.1

81010.10.1 Transferred Offender Returned to the County of Last Legal Residence (a) An offender transferred outside the CLLR may be returned to the CLLR for supervision at any time for good cause as determined by the unit supervisor of the parole unit outside the CLLR when: (1) It is in the best interest(s) of the offender and the public. (2) The offender has violated any condition of parole or applicable statutory requirement. (3) The offender’s residence is in violation of any condition of parole or applicable statutory requirement. (4) The offender is unavailable for supervision. (5) The supervising parole unit in the CLLR to address parole violation(s) and impose remedial sanctions. (b) Factors to be considered before returning offenders to the CLLR who are determined to be unavailable for parole supervision should include, but are not limited to: (1) The length of time the offender was supervised in the county outside of the CLLR. (2) Whether the offender has any established family, social, or economic ties in the county outside of the CLLR. (3) Whether the offender has established a pattern of criminal history in the county outside of the CLLR. (4) Whether a return to the CLLR will increase the likelihood of locating the offender. (c) When returning an offender to the CLLR for non-compliance with the terms and conditions of parole, within two business days of the parole violation discovery date, the assigned parole unit in the CLLR shall be notified. The TIR shall be completed pursuant to Section 81010.10.3, and the field file shall be returned to the assigned parole unit. The following lines of responsibility shall apply: (d) Parole Agent (1) Conduct a case conference with the unit supervisor. (2) Document the reason(s) for returning the offender to the CLLR in the TIR and automated ROS. (3) Complete a TIR pursuant to Section 81010.10.3. (4) Provide the offender with reporting instructions for returning to the CLLR, or arrange for transportation of the offender as approved by the unit supervisor. (e) Unit Supervisor (1) Upon determining the offender’s return to the CLLR is appropriate, coordinate the return to the CLLR with the assigned parole unit. (2) If the offender is not available for parole supervision, place the offender into “Pending Warrant” status in SOMS. (3) Complete a TIR pursuant to Section 81010.10.3. 81010.10.2

81010.10.2 Closed County Denial of Transfer Requests (a) In accordance with PC 3003(i), if more than five percent of the total parolee population in a county does not have that county as their CLLR, the District Administrator may consider that county closed to transfers. The following offenders are not subject to closed county denials of transfer requests: (1) Direct placement offenders, as described in Sections 81010.2, 81010.10.5, (2) Interstate Compact offenders, as described in DOM, Chapter 8, Article 6. (3) Parolees originally sentenced to a life term and granted parole by the BPH. 81010.10.3

81010.10.3 Active Offender Transfer Investigation Request Procedures (a) DAPO staff shall receive and process offender requests to transfer to another county within SOMS. Such requests must meet at least one of the criteria listed in 81010.2.1. If it is evident the transfer request clearly does not meet criteria, the parole agent will conduct a case conference with the unit supervisor, deny the request with approval of the supervisor, and document the request and reason(s) for denial in the automated ROS. If an offender’s request appears to meet the criteria, the following lines of responsibility shall apply: (b) Sending Parole Unit, Parole Agent: (1) Conduct a case conference if the request is being made as an emergency due to an immediate educational or employment opportunity which cannot be duplicated in the CLLR, the unit supervisor may authorize a travel permit pending approval of the TIR. (2) Initiate the TIR and cite the specific criteria for which the TIR is being submitted. (3) Digitally sign the TIR form and electronically forward the TIR form to the unit supervisor. (4) Upon notification of the District Administrator decision, inform the parolee of the status of the TIR and issue reporting instructions, if applicable. (5) Print a copy of the TIR form and attach it to the outside front cover of the field file. Immediately forward the field file with all supporting documents to the receiving unit. (c) Sending Parole Unit, Unit Supervisor or Assistant Unit Supervisor: (1) Review the TIR to verify the request meets criteria for transfer. (2) Digitally sign the TIR form and electronically forward to the unit supervisor of the receiving parole unit. (3) Update the TIR investigation status in SOMS to “Pending.” (4) Notify the parole agent of the District Administrator decision. (5) If approved, complete the “Sending Unit” portion of the “Transfer” section of the TIR form and forward to the receiving unit, unit supervisor. (d) Receiving Parole Unit, Unit Supervisor or Assistant Unit Supervisor: (1) Review the TIR to verify the request meets criteria for transfer. (2) Assign the TIR investigation to a parole agent in SOMS. (3) Ensure the investigation is completed within 14 calendar days of receipt of the TIR. (4) Upon the parole agent’s completion, review the TIR and recommend approval or denial with appropriate comments. (5) Digitally sign the TIR form and electronically forward to the receiving parole unit District Administrator. (6) Close the TIR investigation in SOMS. (7) Complete the “Receiving Unit” portion of the Transfer section of the TIR form. (8) After the parolee reports to the receiving unit, enter the “Transfer Between Units” Supervision Event and assign the parolee to a parole agent in SOMS. (e) Receiving Parole Unit, Parole Agent (1) Conduct the TIR investigation by verifying that the request meets criteria for transfer. (2) Upon completion of the investigation, indicate a recommendation of approval or denial with appropriate comments on the TIR form. (3) Digitally sign the TIR form and electronically forward to the unit supervisor. (4) Ensure that applicable victim, witness, and law enforcement notifications are made pursuant to PC 3058.6 and 3058.8. (f) Receiving Parole Unit, District Administrator (1) Review the TIR to verify that the request meets the criteria for transfer. (2) Make the decision to approve or deny the TIR, and record the decision on the TIR form with appropriate comments. (3) Digitally sign the TIR form. 81010.10.4

81010.10.4 Pre-Parole Transfer Request Lines Of Responsibility Correctional Counselor (a) Parole Service Associate (1) The PSA shall review the proposed residence plans, including request for transfer to a county other than the CLLR or an out-of-State transfer, prior to an offender’s release from prison. The PSA shall: (A) Update the Initiator Input section of the Release Plan screen in SOMS. When the offender is within 210 days (seven months) of release, complete the appropriate sections of the RPS, including proposed Residence Plans. (B) Check the “Requests Out -of- County Parole/Release” box located in Section II of the RPS in the event the proposed residence is outside of the offender’s CLLR. (C) Check the “Requests Out -Of- State Parole/Release” box located in Section II of the RPS in the event the proposed residence is outside of California. (2) If the inmate meets the Interstate Commission for Adult Offender Supervision (ICAOS) rules transfer criteria, the PSA staff shall: (A) Send an electronic mail request to [email protected] and retain this correspondence for inclusion in the offender’s interstate transfer packet. If the inmate owes restitution, the out-of-State transfer shall not be initiated, unless this requirement was waived by the sentencing court pursuant to PC 11177.2(c). (B) Document the reason on the RPS and/or Release Plan screen in SOMS, if the inmate does not meet the criteria for transfer. (C) Complete the Interstate Compact transfer packet and include the following forms: 1. “Offender’s Application for Interstate Compact Transfer” ICAOS signed by the offender and the staff who witnesses the offender’s signature. 2. “Transfer Request” ICAOS form. 3. Signed CDCR Form 1515, Notice and Conditions of Parole, in addition to any addendums, (if required). 4. Abstract of Judgement and Minute Order for the commitment offense. 5. Probation Officer’s Report and Police Report (if available), for the commitment offense. 6. Photograph of the offender. 7. Confirmation from the CDCR Office of Victim and Survivor Rights that all restitution is satisfied (unless waived by the sentencing court pursuant to PC 11177.2(c)). 8. Rules Violation Reports and 128- A Counseling Chrono’s (if applicable). 9. An acceptance letter is also required if the inmate is a veteran participating in a specialized program, 10. For sex offenders, the following documents shall also be included in the transfer packet (if available): a. A copy of the offender’s notice to register. b. Any sex offender specific risk assessments. c. Law enforcement report(s) that provides specific details of sex offense. d. Victim information, including the name, sex, age, and relationship to the offenders; and the victim’s statement or statement from the victim’s representative (if available). (D) Forward the completed packet to the Interstate Compact Unit no earlier than 120 days from release and provide a copy of the packet to Institution Case Records to scan into ERMS. (E) Initiate the Out-of-State (OOS) Transfer in the SOMS Offender Investigations section. (F) Notify the inmate of approval or denial of the transfer request, obtain any required signatures (if applicable), and reaffirm the reporting instructions outlined on the RPS or CDCR Form 1649. (G) Forward the transfer approval or denial and any additional documents received from Interstate Compact to the Institution Case Records for scanning into ERMS. (H) Upon approval of the transfer request, notify the parole agent and reaffirm to the inmate that they must first report to their assigned California parole unit to finalize the transfer. (b) Institutional Case Records. Scan any documents related to the Interstate Transfer into ERMS as requested by CTP. (c) Interstate Compact Unit (1) Process Out of State transfer request pursuant to ICAOS rules. (2) Forward any additional documents requiring the inmate’s signature to CTP institution staff. (3) Upon receipt of the approval or denial from the receiving state, notify CTP institution staff and the parole agent of the outcome. (4) Provide the parole agent the reporting instructions from the receiving state. (d) DAPO Parole Unit Lines of Responsibility In an effort to ensure public safety, the offender shall first report to their assigned Parole Unit and parole agent, or Officer-of-the-Day after the OOS transfer has been approved. The parole agent shall: (1) Conduct the initial interview (2) Review the Special Conditions of Parole and make any modifications (if needed). If modifications are required send the modified conditions to the Interstate Compact Unit. (3) Complete and have the parolee sign section 1 of the CDCR Form 1605 Notification of Earned Discharge Criteria, if applicable. (4) Complete the ICAOS “Notice of Departure” form and forward it to Interstate Compact. (5) Provide the parolee with the receiving states’ reporting instructions. (6) Complete any Victim Notifications that are required per current policy. 81010.10.5

81010.10.5 Administrative Placement of Parolees Policy (a) The CDCR DAPO relies upon specific criteria that shall be used to determine the release of offenders who meet criteria pursuant to PC 3003(b), 3003(f), and 3003(h) specifically, as to the administrative placement of parolees pursuant to PC 3058.8. (b) DAPO shall adhere to the specific criteria in Section 81010.2 to define the basis of an administrative placement of a parolee to no less than 35 miles from the actual residence of an identified victim, or a witness, of an offense as defined under PC 3003(f) and 3003(h). (c) DAPO management retains the exclusive right to transfer the parolee based upon the needs and vital interests of the victim and/or witness on a case-by- case basis. 81010.10.5.1

81010.10.5.1 Administrative Placement of Parolees Procedures (a) Pre-Parole Determination and Documentation of an Administrative Placement Case Screening - Staff Lines of Responsibility (1) Regional Reentry Unit (RRU) Supervisor. The RRU Supervisor shall be responsible for ensuring administrative placement activities are completed by RRU staff. (2) Regional Reentry Unit Screener. The RRU Screener shall review and identify victim notification issues pursuant to an administrative placement on the Release Program Study (RPS) and forward to the RRU Supervisor. (3) Regional Reentry Unit Staff (A) Upon receipt of a RPS packet, the RRU staff shall ensure the following steps are completed: 1. Review the CDCR Form 1707, Request for Victim Services, to determine if the request is from an actual victim of, or witness to, a qualifying crime, and there is a request for a Special Condition of Parole (SCOP) that the parolee not be allowed to live with in 35 miles of the victim’s or witness's residence. 2. Review the current Abstract of Judgement to verify that the commitment offense meets the criteria for administrative placement in section 81010.2. 3. Review the probation or arrest report to confirm the identity of the victim or witness in the case facts. If the case does not meet the criteria for administrative placement, the RRU staff will assign the case to the appropriate parole unit pursuant to section 81010.4.1, and note on an attached CDCR Form 1650-D, Record of Supervision, that the case does not meet the criteria for an administrative placement. 4. Contact the victim via telephone to confirm the information noted on the CDCR Form 1707. a. If necessary, obtain a current CDCR Form 1707 from a child victim formerly represented by a parent or guardian who has reached the age of 18 or above. b. If the victim is currently represented by a legal guardian, the coordinator shall request a certified copy of guardianship documents. 5. If RRU staff are unable to establish contact with the victim via telephone, the following steps shall be completed: a. Exercise due diligence to contact the victim using information contained on the CDCR Form 1707. b. Keep copies of any correspondence; i.e., mailed letters, electronic mail, or any other forms of correspondence between CDCR and the victim. 6. The victim shall be allowed 14 calendar days to respond. If contact with the victim is unable to be established within the allotted time, the RRU staff shall: a. Screen out the administrative placement until such time that the victim reestablishes contact with the Office of Victim and Survivor Rights and Services (OVSR&S) or the Division of Adult Parole Operations. b. Document on the original correspondence sent to the victim "Unable to Locate,” sign, and date the correspondence. c. Maintain a copy of the correspondence and attach it to the RPS packet. 7. Upon confirmation that the victim or witness no longer requests the residential restriction, has relocated, or is deceased, the RRU staff shall: a. Rescind the original CDCR Form 2258, Administrative Parole Placement. b. Complete a new CDCR Form 2258 returning the offender to their CLLR or relocating them. 8. Upon determination that victim notification cannot be completed, the case shall be assigned by the offender's CLLR or city of last legal residence pursuant to section 81010.2.1. a. The RRU staff shall document the following five entries on a CDCR Form 1650 D, for review and approval by the RRU Supervisor: basic details of the victim’s or witness's request, as well as confirm that the request meets all criteria for administrative placement, and provide the resulting parole unit assignment; any and all special conditions of parole imposed on the parolee pertaining to the administrative placement; a detailed summary of the case facts and the source of the information; the offender’s CLLR or city of last legal residence; and the last entry shall read, "Confidential (insert parole unit name)." (4) Once an appropriate parole unit assignment has been determined, the recommendation shall be submitted to the Regional Parole Administrator (RPA), or designee, for a decision. Any concerns regarding a victim or witness request following an administrative placement decision shall be forwarded to the RRU Supervisor. (5) Upon approval by the RPA, the RRU Supervisor shall: (A) Complete the RPS packet, designating the approved parole unit assignment. (B) Notify the receiving parole unit of the decision to administratively place an offender in their jurisdiction by submitting the CDCR Form 2258. (C) Forward the CDCR Form 2258 via electronic mail to the receiving parole unit supervisor and District Administrator as an official notice of administrative placement. (6) Receiving Parole Unit (A) Unit Supervisor or Assistant Unit Supervisor (AUS). The AUS shall ensure the pre-parole administrative placement and RPS is completed as required in section 81010.4.1. (B) Parole Agent. The parole agent responsibilities shall include, but are not limited to, the following: 1. Establish and enforce a SCOP restricting the parolee from being within 35 miles of the victim’s and witness's residence. 2. When establishing the 35-mile distance, use Internet-based mapping software that measures the distance "as the crow flies" and not actual driving miles. 3. The victim’s or witness's address shall remain confidential and shall only be known by authorized staff. (C) Upon receipt of a new CDCR Form 1707 from the victim or witness that does not request residential restrictions, or the CDCR Form 1650-B, Initial/Comprehensive Interview, or the victim or witness has relocated, the parole unit staff shall forward via email the new CDCR Form 1707 and pertinent relocation information via email to the RRU Supervisor and OVSR&S. (D) Upon notification that the victim or witness is deceased, the parole unit staff shall forward any documentation (e.g., death certificate, funeral publication, or newspaper obituary) via email to the RRU Supervisor and OVSR&S requesting to rescind the CDCR Form 1707. (7) Administrative Placement of Active Parolees (A) All requests for administrative placement of active cases shall take priority over pre-parole cases. All procedures remain the same for pre-parole cases with the following exceptions: 1. Upon assignment, the sending unit supervisor shall ensure that the parolee reports for their initial interview at the receiving parole unit. 2. Transportation or pick-up of the parolee shall be coordinated between the parole units. (8) Non-Mandatory Administrative Placement of Parolees (A) Non-mandatory administrative placements are defined as a managerial discretionary decision based upon review of case criteria and warrant relocation of a parolee from their CLLR or city of last legal residence. These may include cases that are deemed high notoriety or public interest; contain violent offenses that do not meet the mandatory placement criteria; or, contain any other case factor(s) that, upon review, warrants relocation. 1. Upon determination that a case shall be reviewed for a non-mandatory administrative placement of a parolee, the unit supervisor shall refer the matter to the RRU Supervisor for review and recommendation to the RPA. 2. If the reason for a review is related to a victim or witness matter, the unit supervisor shall refer the victim to the RRU Supervisor for appropriate assistance and disposition. (9) Office of Victim and Survivor Rights and Services (A) Once the victim, victim's next-of-kin, or witness completes the CDCR Form 1707, the form shall be electronically transmitted, faxed, or mailed to: Office of Victim and Survivor Rights and Services P.O. Box 942883

942883 Sacramento, CA 94283-0001 Fax: (916) 445-3737 Email: [email protected] (B) OVSR&S will input the information identified on the CDCR Form 1707 into the Strategic Offender Management System (SOMS) and scan a copy into the ERMS “Confidential” tab. (C) To locate victim information in SOMS: 1. Type a CDCR number in the Offender Search box and press enter. 2. Click on the “Offender” tab on the top of the page. 3. Select the menu item for “Victim Notification,” and click on “Notification Requests,” 4. A list of victims on file will populate. Click on the hyperlink of the commitment prefix (example: AA) and the victim’s information will populate. (D) The original CDCR Form 1707 is barcoded and scanned into ERMS, Confidential tab. To view a CDCR Form 1707, open ERMS and input the CDCR number in the box in the top left of the screen and press enter. The CDCR Form 1707 will be found in the Confidential tab. (10) Institutional Case Records Staff. Institutional Case Records staff will notify the victim, victim's next-of-kin, or witness who submitted a CDCR Form 1707 of any change in the offender's custody status by telephone, electronic mail, or certified mail at their last known address, using the method of communication selected by the requesting party, if that method is available. 81010.10.6

81010.10.6 Direct Placement Pre-Parole Transfer Investigation Request Procedures (a) CTP staff shall coordinate the direct placement of eligible offenders in CDCR-funded programs with the assigned parole unit and the parole unit in the geographical area where the offender will be placed. Every effort shall be made to place the offender in a CDCR-funded treatment program in the offender’s CLLR. CTP staff may determine that an offender meets criteria for placement in a CDCR- funded treatment program outside of the offender’s CLLR when this would be in the best interest of the public and parolee, in accordance with the criteria specified in Section 81010.2. Offenders with active detainers are ineligible for Direct Placements or pre-parole transfers. (b) If the offender is approved for placement outside of the CLLR, the PSA shall: (1) Initiate and complete the “TIR Offender Investigation” and designate the receiving unit for direct placement of an offender in a county other than the CLLR. The receiving unit is the parole unit responsible for the geographic area where the residential treatment program is located. Cite the specific criteria for which the transfer is being submitted in the appropriate section of the form. (2) Digitally sign the TIR form and electronically forward it to the CTP supervisor via SOMS. (3) If CTP initiates a direct placement that results in a change to the assigned parole unit, complete the CDCR Form 1649, (Reporting Instructions), forward to the CTP supervisor for signature, and issue a copy to the Institution Case Records. (4) If the transfer is approved monitor SOMS to ensure the “Transfer Between Units Supervision Event” is entered prior to the generation of the Warden’s Checkout Order by the releasing institution. (c) The Community Transition Program Supervisor, or Designee, shall: (1) Transfer the case from the assigned parole unit to CTP headquarters in SOMS and assign the case to a CTP PSA. (2) Upon receipt of the TIR form in the “Forms Awaiting Review,” review the TIR to verify that the direct placement meets criteria, found in Section 81010.2 based upon participation in a CDCR-funded treatment program. (3) Digitally sign the TIR form in SOMS and electronically forward the form to the unit supervisor or assistant unit supervisor of the receiving unit. (4) Transfer the case from CTP headquarters back to the originally assigned Parole Unit in SOMS to complete the rest of the pre-release process. (5) Upon approval of the TIR by the receiving unit’s District Administrator, complete the Sending Unit portion of the Transfer section of the TIR form. (6) Digitally sign the Transfer section of the TIR form and forward to the receiving parole unit’s supervisor. (7) Upon approval of the TIR, review the new CDCR Form 1649 for accuracy, sign and forward it to the receiving parole unit. (8) Manually transfer the case to the receiving parole unit prior to the generation of the Warden’s Checkout Order by the releasing institution , if the receiving parole unit has not assigned the case in SOMS. (d) Institutional Case Records (1) If a CDCR Form 1649 is received changing the offender’s reporting instructions from one county to another, update the release plan screen in SOMS pursuant to current procedures outlined in this Article.(A) Pursuant to PC 3058.6, notify local law enforcement agencies of the release of offenders convicted of violent offenses at least 45 days prior to the parole date, or as soon as practicable. (B) Pursuant to PC 3058.8, notify victims and witnesses of approved transfer of pre-parole cases. (e) Unit Supervisor or Assistant Unit Supervisor (1) Review the TIR to verify the request meets criteria for transfer. (2) Assign the TIR investigation to a parole agent in SOMS. (3) Ensure the investigation is completed within 14 calendar days of receipt of the TIR. (4) Review the TIR and recommend approval or denial with appropriate comments. Pre-Parole TIRs that are submitted for direct placement from an institution to a CDCR-funded treatment program shall be processed with automatic approval, regardless of whether or not the county is considered closed to transfers. (5) Digitally sign the TIR and electronically forward it to the receiving parole unit District Administrator. (6) Close the TIR investigation in SOMS. (7) Upon notification that the sending parole unit has initiated a transfer, complete the “Receiving Unit” portion of the “Transfer” section of the TIR. (8) Request the pre-parole file from the parole unit who was originally assigned the case, enter the “Transfer Between Units” Supervision Event, and assign the offender to a parole agent in SOMS. The “Transfer Between Units” Supervision Event shall not be delayed and shall be done bi-laterally after the pre-parole TIR is approved by the receiving unit. (f) Parole Agent (1) Conduct the TIR investigation by verifying that the request meets criteria for transfer. (2) Upon completion of the investigation, indicate a recommendation of approval or denial with appropriate comments on the TIR. (3) Digitally sign the TIR and electronically forward it to the unit supervisor. (4) Ensure that applicable victim, witness, and law enforcement notifications are made pursuant to PC 3058.6 and 3058.8. (g) Receiving Parole Unit District Administrator (1) Review the TIR to verify that the request meets the criteria for transfer. (2) Approve or deny the TIR, and record the decision on the TIR with appropriate comments. Pre-parole TIRs that are submitted for direct placement from an institution to a CDCR-funded treatment program shall be processed with automatic approval, regardless of whether or not the county is considered closed to transfers. (3) Digitally sign the TIR. 81010.10.6.1

81010.10.6.1 Intra-County Transfer Request (a) A TIR is not required when a case is transferred between parole units within the same county. If there are no known parole or law violations open in the Parole Violation and Disposition Tracking System (PVDTS), and the offender is not in custody, transfers of offenders between parole units to an approved program or residence shall be completed as an “Intra - County Transfer” in the Strategic Offender Management System (SOMS). (b) The following criteria shall be completed for intra-county transfers: (1) Offenders must remain in an approved program or the new residence for at least 30 calendar days, without any days detained in a local jail, prior to initiating the transfer of the case to the new unit. (2) A face-to- face home visit shall be conducted at the parolee’s residence of record within the last 30 days prior to transferring the case. (3) All other monthly case specifications (e.g., discharge reviews, case conference reviews, containment team meetings, etc.) shall be completed prior to transferring the case. (4) The receiving parole unit shall ensure the intra-county transfer investigation is completed within 14 calendar days of receipt from the sending unit. If the intra-county transfer request is denied, the unit supervisor shall document the reason(s) for the denial in the automated Record of Supervision and close the TIR investigation in SOMS. 81010.10.7

81010.10.7 Direct Placement Request After “RPS Offender Investigation” Initiated by Parole Unit In the event an offender requests placement in a CDCR-funded residential treatment program after the parole unit has initiated an “RPS Offender Investigation” in SOMS, the CTP supervisor shall: • Ensure the parole unit is notified of the offender’s request for placement. • Request that the parole unit supervisor cancel all assigned offender investigations and ensure that the CDCR Form 611 is forwarded to the parole unit responsible for the geographic area where the residential treatment program is located. • Enter the “Transfer Between Units” Supervision Event in SOMS, to intake the case. • Ensure the TIR is processed in accordance with 81010.11.2. 81010.10.8

81010.10.8 Direct Placement After “RPS Offender Investigation” Completed by Parole Unit In the event an inmate requests placement in a CDCR-funded residential treatment program after the parole unit has completed an “RPS Offender Investigation” in SOMS, the CTP supervisor shall: • Ensure the parole unit is notified of the offender’s request. • Enter the “Transfer Between Units” Supervision Event, to intake the case in SOMS. • Ensure the TIR is processed in accordance with 81010.11.2

81010.11.2 The Receiving Parole Unit, Unit Supervisor shall: • Enter the “Transfer Between Units” Supervision Event, to intake the case in SOMS. • Review the TIR to verify that the request meets criteria for transfer. • Assign the TIR and “RPS Offender Investigation” to a parole agent. • Ensure the TIR is completed within 14 calendar days of assignment. • Digitally sign the TIR form after the parole agent completes the investigation and electronically forward the TIR form to the District Administrator. The Receiving Parole Unit, Parole Agent shall: • Conduct the investigation and verify that bed space is available for the offender. • Review the TIR form to verify that the request meets the criteria for transfer. • Enter a recommendation to approve or deny the TIR, with appropriate comments. • Digitally sign the TIR form and electronically forward it to the receiving unit’s supervisor. • Upon approval of the TIR by the District Administrator, complete section VI, “Reporting Instructions,” of the CDCR Form 611 and ensure the CDCR Form 611 is forwarded to the institution. The Receiving Parole Unit, District Administrator shall: • Review the TIR to verify that the request meets criteria for transfer. • Record the approval or denial decision on the TIR form, with appropriate comments. • Digitally sign the TIR form and electronically forward the TIR to the sending unit’s supervisor and receiving unit’s supervisor. 81010.11

81010.11 Parole of Offenders Sentenced Under Penal Code 1168 The BPH establishes parole dates for cases sentenced under PC 1168. BPH can establish a fixed date or, order a parole date advancement, if the offender has what appears to be a valid program. 81010.11.1

81010.11.1 Consent to Information Release (a) Pursuant to PC section 13350, excluding Post Release Community Supervision (PRCS) cases, offenders shall be informed they have a right to Consent to Information Release (CIR). If a parolee provides consent, a local law enforcement agency may release their name and address to a social service referral program by local law enforcement agencies within the law enforcement agency’s jurisdiction. Subsequent to the CIR notification: (1) The parole agent shall document the offender’s response in Section II of the CDCR Form 1650-B and in the automated Record of Supervision. (2) The parole agent shall ensure the supervision cautions in the Strategic Offender Management System (SOMS) are updated by selecting the supervision caution “CIR” in the drop down box and the parolee’s response, “Yes” or “No.” (3) The parole agent shall ensure the offender signs the CDCR 1650-B, which confirms authorization to release their information. (b) The CIR information will be published on the Law Enforcement Automated Data System, pursuant to PC section 13350 via an automation process in SOMS. (c) Offenders may revoke their CIR at any time, which shall be documented accordingly pursuant to this section. Once updated in SOMS, the offender is responsible for informing law enforcement and social services agencies of their consent withdrawal. 81010.12

81010.12 Direct Release to Parole From Court (a) In any case that the amount of pre-imprisonment credit is equal to or exceeds the sentence imposed, the entire sentence is deemed to have been served and the defendant is not delivered to CDCR. Instead, the court shall advise the defendant they must serve a parole term, and shall order the defendant to report to a Division of Adult Parole Operations (DAPO) parole unit. Whenever the court sentences a defendant directly to parole supervision, DAPO shall supervise the parolee in the same manner as an inmate who was released from a CDCR facility. (b) PC section 3000.08(l) required, “Any person released to parole supervision pursuant to subdivision (a) shall, regardless of any subsequent determination that the person should have been released pursuant to subdivision (b), remain subject to subdivision (a) after having served 60 days under supervision pursuant to subdivision (a). On December 31, 2020, California Appellate Court decision in People vs. Ruiz effectively repealed PC section 3000.08(l). Upon discovery, Post Release Community Supervision (PRCS) cases shall be transferred to county supervision within 60 days. Any circumstances that delay the transfer of PRCS cases to county supervision beyond the specified time shall be documented in the automated ROS. (c) Depending on the instructions given by the court, the offender may not initially report to the parole unit that will be responsible for supervising the offender. The court’s reporting instructions may also vary from standard instructions given to inmates and may not comply with PC section 3060.7 reporting requirements. The timeliness in which the courts send sentencing documents to CDCR will vary. (d) If it is discovered an offender has failed to report to DAPO upon release from county jail, the unit supervisor shall assign the case to a parole agent to investigate the matter. It is the responsibility of DAPO, when appropriate, to request a warrant even if the case may be eligible for PRCS. The time during which the offender’s parole is suspended shall not be credited toward any period of parole supervision. (e) At the time of release or while on parole, if a California Static Risk Assessment (CSRA) score does not auto populate, a manual request may be submitted via electronic mail to: [email protected]. The request shall include the parolee's name, CDCR number, and the reason for the request. This request may take up to 45 to 60 days for a CSRA score to auto populate, until then the offender shall be assigned a risk value of 5. 81010.12.1

81010.12.1 Direct Release to Parole from Court – Initial Procedures Officer-of-the-Day (a) Request a picture form of identification from the offender. (b) Obtain and review any legal documents the offender may have in their possession. (c) Notify the unit supervisor of the direct release and provide any known sentencing information, documents, or both. (d) Conduct an initial interview and document the interview on the CDCR Form 1650- B, ensuring the documentation of the offender’s CIR pursuant to section 81010.11.1, as needed, and that the offender was notified of their right to grieve their classification to parole supervision via the CDCR 602-1 grievance process. If the offender does not have any legal documents, interview the offender to determine the sentencing court, docket number, sentence details, and commitment offense information. (e) Search SOMS to determine if the offender is currently being supervised by DAPO. (f) Document in the automated ROS any reasonable accommodations and modifications provided, and effective communication methods used. (g) If the offender reports to a parole office other than their assigned parole unit subsequent to their release from custody, the Officer-of-the-Day shall complete an abbreviated interview pursuant to DOM section 81020.11. 81010.12.2

81010.12.2 Direct Release to Parole from Court – Parole Violator with New Term Procedures (a) Officer-of-the-Day (1) Follow procedures outlined in section 81010.12.1. (2) Upon identification of an active record: (A) Update Offender Demographics, SOMS Supervision Cautions pursuant to section 81010.11.1, and Offender Photographs as needed. (B) Immediately notify the unit supervisor of the parole unit supervising the active record. (C) Obtain reporting instructions from the parole unit and instruct the offender accordingly. (D) Provide any legal commitment documents and a copy of the CDCR 1650- B signed by the offender to the unit supervisor for scanning and submission to Parole Case Records. (E) Email any legal commitment documents to Parole Case Records via [email protected] for the new commitment entry into SOMS. (b) The case shall be processed by the supervising parole unit as a Parole Violator With New Term (PVWNT). (c) If the parolee is already serving a parole term, the agent of record shall ensure the certified documents for the new commitment offense are mailed to Parole Case Records. 81010.12.3

81010.12.3 Direct Release to Parole from Court – New Offender Procedures (a) Officer-of-the-Day (1) Follow procedures outlined in section 81010.12.1. (2) If the offender does not have an active record in SOMS, obtain a Criminal Identification and Information (CI&I) Report by the CI&I number, if known, or by querying the offender’s identifying information in the California Law Enforcement Telecommunications System. (3) Review prior conviction history to determine any registration requirements. (4) Create a Live Scan profile for the offender. (A) Enter the offender’s demographic information into Live Scan station. (B) Capture the offender’s fingerprints, palm prints, and photos utilizing the Live Scan station. (C) Save the fingerprint and photo data in the offender’s Live Scan profile, which will automatically forward the profile to the Live Scan Controller at Parole Case Records. (5) Transmit a Live Scan DNA inquiry to the Department of Justice (DOJ) to determine if a DNA sample needs to be collected. (A) If needed, collect the DNA sample of the offender using the Live Scan station. (6) Obtain three photos via any state-issued recording device. Print the photos and place in the field file. (7) Determine if there are any Americans with Disabilities Act accommodations or concerns and provide the offender with a CDCR Form 1824-B, Parolee Request for Accommodation, if needed. (8) Complete the CDCR Form 2289, Notice and Request for Assistance During a Parole Proceeding. (9) Based on available information, generate a Notice and Conditions of Parole and a Special Conditions of Parole if appropriate and review them with the offender. (10) Provide the CI&I Report and Minute Order, the CDCR Form 1650-B, or any other sentencing documents to the unit supervisor to obtain a CDCR number from Parole Case Records. (b) Parole Agent (1) Shall obtain the following documents for submission to Parole Case Records: (A) Certified copy of the Abstract of Judgement. (B) Certified copy of the Minute Order. (C) Felony complaint or information, or both, filed by the district attorney. (D) Probation officer’s report, if not waived by the defendant. (E) Police reports, arrest reports, and any other pertinent information. (F) Copy of the CDCR 1650-B signed by the offender. (2) Request a California Static Risk Assessment score by sending an email request to [email protected]. (3) If the offender has a conviction for a crime requiring registration pursuant to PC sections 290 through 294, regardless of whether or not the offender is required to register, request a Static-99R or Female Sex Offender Risk Assessment (FSORA) by sending an email request to: [email protected]. (4) Conduct a case conference with the unit supervisor or assistant unit supervisor to determine supervision level and conditions of parole. (5) Conduct a comprehensive interview within 15 business days of release and document the interview on CDCR Form 1650-B. (6) Update Offender Demographics, SOMS supervision cautions pursuant to section 81010.11.1, and Offender Photographs as needed. (7) Submit the NOC and SCOP to the unit supervisor in SOMS for electronic signature. (8) Review CI&I Report to determine if a DNA (buccal swab) sample has been collected. If not previously collected as prescribed in subsection 81010.12.3(a)(5)(A), obtain a buccal swab sample, right thumb-print, and full palm impression of each hand as required by PC section 295 et seq. (9) Fingerprints will be retained electronically in ERMS. (10) Supervise the offender in accordance with current DAPO policy. (11) Document contacts with the offender in the automated ROS. (c) Unit Supervisor or Assistant Unit Supervisor (1) If an offender does not have an active record in SOMS, scan the CI&I Report and Minute Order (if available) and send the documents via electronic mail to Parole Case Records at: DAPO- [email protected]. (2) Upon creation of a new Personal Identification (PID) number or discovery of an existing PID number in SOMS, assign a parole agent. (3) Open the RPS Offender Investigation and assign the due date. (4) Close the RPS Offender Investigation and update “Offender Status.” (5) Assign the supervision level of the offender. (6) Review and electronically sign the NOC and SCOP created by the OD or parole agent. (7) Ensure all required court documents have been collected, scanned, and emailed to Parole Case Records for inclusion in ERMS. Required documents shall include a copy of the Abstract of Judgement, Minute Order, or the charging documents. Additional documents shall include the probation officer’s report or police report. (8) Ensure all required certified court documents are mailed to Parole Case Records to include at least one certified copy of the Abstract of Judgement, Minute Order, or the charging documents. (d) Parole Case Records Staff (1) Conducts an Offender Registration Search in SOMS to determine if there is an existing record. If no record exists, a PID and CDCR number shall be generated and forwarded to the unit supervisor via electronic mail within 48 hours. (2) Enters the “Intake New Case” in supervision events in SOMS during the process of generating the new CDCR number. (3) Submits the CDCR Form 2218, Re-Entry Data Sheet, to the appropriate Regional Reentry Unit for parole unit assignment. (4) Enters commitments, legal mandates, and personal characteristics/ and demographics information into SOMS. (5) Completes any registration requirement forms mailed to the parole unit for parolee signature and thumb-print. Forms are to be returned to Parole Case Records for distribution to ERMS and DOJ. (6) Verifies all required offender documents are received from the parole units, including original signed NOC, SCOP, and the offender’s signed CDCR Form 1650-B. (7) Enters the required commitment data from certified Abstract of Judgement or certified Minute Order into Live Scan Controller. (8) Once commitment data recording is complete, transmit Live Scan profile to DOJ. (9) Print the fingerprint card from Live Scan Controller. (10) Scan fingerprint card into ERMS. (e) Regional Reentry Unit (1) Upon receipt of the CDCR Form 2218 from Parole Case Records, determines the parole unit assignment. (2) Returns the completed CDCR Form 2218 to Parole Case Records, and sends a copy to the assigned parole unit. 81010.12. 4 Post Release Community Supervision Screening and Initial Interview Procedures (a) DAPO staff shall prioritize screening of direct release cases to determine Post Release Community Supervision (PRCS) eligibility. The unit supervisor or AUS shall review the certified court documents to determine if the commitment offense meets criteria for PRCS supervision, as described in PC sections 3000.08 and 3451. If applicable, the Static-99R score FSORA shall be reviewed to determine if the offender meets the criteria for designation as a High-Risk Sex Offender. If it is determined the offender meets the criteria to be supervised as a PRCS case, including an offender erroneously classified for parole supervision ( People v. Ruiz (2020) 59 Cal.App.4th 372), the unit supervisor or AUS shall approve the determination as applicable. The RPS for direct release offenders is only completed for those who are determined to be PRCS eligible after they have reported to a parole unit. (b) It is the responsibility of DAPO to notify the offender in writing of their responsibility to report to the appropriate county PRCS agency. DAPO shall not forward the required documents to Parole Case Records for case closure without first notifying the offender in writing to report to the appropriate county PRCS agency utilizing CDCR Form 1515-CS, Notice and Conditions of Post Release Community Supervision. If the offender fails to report to DAPO upon initial release from county jail and it has been determined the offender is eligible for PRCS supervision, the unit supervisor shall assign the case to a parole agent to investigate the matter and make every effort to locate the offender. (c) If the offender cannot be located, a warrant shall be requested. After the offender has been located, and if the offender has not been notified to report to PRCS, DAPO shall ensure the offender is informed in writing of their obligation to report to the appropriate county PRCS agency utilizing CDCR Form 1515-CS. The parole agent will then forward the required documents to Parole Case Records and request the offender’s supervision be transferred to the appropriate county PRCS agency. (d) Failure to forward the completed documents (RPS, CDCR Form 1515-CS, and certified court documents) to Parole Case Records, or provide notice to the offender pursuant to this section will delay the transfer of PRCS cases to the appropriate county agency for supervision. (e) DAPO will review the Record of Arrests and Prosecutions (RAP) sheet to determine if a DNA sample and fingerprint card are required. (f) Direct release offenders who report to DAPO as ordered by the sentencing court and are determined to be PRCS-eligible shall be processed as follows: (1) Parole Agent (A) Initiates and completes the designated fields in the Release Plan screen in SOMS. (B) Completes Sections I, II, and III of the RPS in SOMS, then electronically route to the unit supervisor or AUS for signature. (C) After the RPS is “Finalized” by the supervisor, prints the RPS, contacts the appropriate county PRCS agency for reporting instructions, and completes Section V of the RPS in hard copy. (D) Ensures the offender signs Section VII of the RPS hard copy and provides a copy of the signed RPS to the offender. (E) Completes CDCR Form 1515-CS, ensures the offender signs it or indicates if the offender refuses to sign, and provides a copy to the offender. (F) Completes the CDCR Form 1502, Activity Report, only if the parole agent identifies additional pertinent information not already referenced in the RPS. In the event any section of the RPS is locked, the parole agent shall have the option to print the RPS and handwrite any required information. (G) Documents the contact with the offender in the automated ROS. (H) Updates Offender Demographics in SOMS. (I) Determines if fingerprints have been taken. To determine if fingerprints have been taken, the parole agent shall: 1. Review the RAP sheet and locate the entry for the commitment offense arrest. a. Fingerprints taken at the time of arrest via Live Scan will have a “COM: SCN” comment line. 2. Record the COM: SCN Number generated by Live Scan in the automated ROS. 3. Obtain fingerprints, if applicable. (J) As prescribed in subsection 81010.12.3(a)(5), obtains a buccal swab sample, right thumb-print, and full palm impression of each hand of the offender as required by PC sections 295 et seq., if applicable. (K) Forwards copies of the RPS, CDCR Form 1515-CS, CDCR Form 1502, and copies of the certified court documents (Abstract of Judgement, Minute Order or the district attorney’s felony complaint, and the probation officer’s report or police report) to Parole Case Records via electronic mail at DAPO- [email protected]. (L) Ensures original certified court documents are mailed to Parole Case Records within 24 hours. (2) Unit Supervisor or Assistant Unit Supervisor (A) If an offender does not have an active record in SOMS, scan the CI&I Report and Minute Order (if available) and send the documents via electronic mail to Parole Case Records at: DAPO- [email protected]. (B) Opens the RPS Offender Investigation in SOMS and assigns a parole agent upon receiving a PID number from Parole Case Records. (C) Upon RPS completion by the parole agent, completes Section IV of the RPS with electronic signature, then closes the RPS Offender Investigation, which updates the status of the form to Finalized. (D) Reviews and signs the CDCR Form1515-CS. (E) Assigns the supervision level of the offender pending transfer to PRCS. (F) Notifies Parole Case Records of the completion of the PRCS initial interview procedures via electronic mail at: DAPO- [email protected]. (G) Ensures all required documents are completed and have been collected and mailed to Parole Case Records for inclusion in ERMS. (3) Parole Case Records Staff (A) Conducts an Offender Registration Search in SOMS to determine if there is an existing record. If no record exists, a PID and CDCR number shall be generated and forwarded to the unit supervisor via electronic mail. (B) Enters the “Intake New Case” in supervision events during the process of generating the new CDCR number. (C) Submits the CDCR Form 2218 to the appropriate Regional Reentry Unit (RRU) for parole unit assignment. Ensure the RRU is advised the offender is PRCS eligible. (D) Enters commitments, legal mandates, personal characteristics, and demographic information into SOMS. (E) Completes any registration requirement forms to be mailed to the parole unit for parolee signature and thumb-print. Forms are to be returned to Parole Case Records for distribution to ERMS and DOJ. (F) Enters into Live Scan Controller the required commitment data from certified Abstract of Judgement or certified Minute Order. (G) Once recording of commitment data is complete, transmits Live Scan profile to DOJ. (H) Prints the fingerprint card from Live Scan Controller. (I) Scans fingerprint card into ERMS. (J) For commitment offenses of PC sections 245(a)(4) and 4501, and Vehicle Code section 23153, determines if the convictions meet the criteria of PC section 1192.7(c). (K) Verifies all required offender commitment documents have been received. (L) Forwards required documents to the appropriate PRCS agency via the SAFE system upon receipt of the completed RPS generated by SOMS. (M) Completes the discharge process in SOMS when the offender is determined to be PRCS eligible and all required documents have been received from the parole unit. (4) Regional Reentry Unit (A) Upon receipt of the CDCR Form 2218 from Parole Case Records, determines the parole unit assignment. (B) Returns the completed CDCR Form 2218 to Parole Case Records. (C) Initiates and completes Section VI, CDCR Parole Reporting Instructions, in the RPS. SOMS will automatically generate an alert to the assigned parole unit that a new RPS is available. 81010.13