Department Operations Manual

81010.13 Parolee Reporting and Pick Up (Penal Code 3060.7) (a) All inmates and parolees shall be instructed to report on the first working day following any release, unless prior arrangements are approved in writing by the unit supervisor. Inmates who meet the highest risk classifications are required to report no later than 48 hours after release, or the first working day following release, whichever is sooner. (b) Offenders who are required to register pursuant to PC 290 through 290.024, or have a CSRA score of five shall be designated as meeting the highest risk classifications. The release date of these inmates may be adjusted in accordance with CDCR policy to ensure the inmate reports no later than 48 hours after being released. For reporting instruction purposes, in the event a CSRA score is not available, DAPO shall presume an offender’s CSRA score is five until the CSRA scoring process is completed and the offender’s actual score is determined. Offenders who are being released from an AD-SEG Unit, SHU, PSU, or offenders who are being treated in the Enhanced Outpatient Program (EOP) that are unable to take public transportation shall be picked up by a parole agent and transported to the parole unit in accordance with 81010.13.3. DAPO has the discretion to require other offenders to be picked up by the parole agent. 81010.13.1

81010.13.1 Reporting Instructions Procedures (a) Parole Agent (1) Document the CSRA score for the offender on the RPS, in the “Parole Supervision Level.” (2) Attach the CSRA score generated by the COMPAS system to the RPS, and retain a copy of the CSRA score in the field file. (3) Document reporting instructions on the RPS. (4) If the offender has a CSRA score of five or is required to register pursuant to PC 290 through 290.024, complete the CDCR Form 1649. Submit the CDCR Form 1649 via electronic mail to the assigned institutional case records analyst. Check the box titled “Release per PC 3060.7” on the RPS. The offender shall be instructed to report within 48 hours of release, in accordance with Section 81010.13. (5) The CDCR Form 1649 may also be used to transmit reporting instructions to any offender, at the discretion of the parole agent. (6) The NOC may also include reporting instructions. (7) Return the RPS and any supporting documents (i.e. Reporting Instructions, NOC, and SCOP) to the institution prior to the offender’s release date. 81010.13.2

81010.13.2 Release Date Adjustment Procedures (a) Offenders who meet the highest risk classification criteria and are being released on a Friday or on a day before a holiday shall have their release date adjusted to allow the offender to report within 48 hours. There will be some instances in which a parole agent may be required to work on a weekend or a holiday in order to comply with the reporting requirements. When a release date is adjusted, the following lines of responsibility shall occur: (b) Parole Agent (1) Complete the CDCR Form 1649 with the date, time, and reporting location the offender is to be instructed to report. (2) The parole agent may provide instructions for the offender to report to a location other than the parole unit, with approval from the unit supervisor. These instructions and reporting location shall be documented on the CDCR Form 1649, with the complete address of the reporting location, as well as the date and time. “N/A” shall be entered in the “Parole Unit” box if the offender is being instructed to report to a location other than a parole unit. (3) After unit supervisor approval of the reporting date and time, electronically transmit the CDCR Form 1649 to the institutional records office. (4) If the offender fails to report as instructed, conduct a case conference with the unit supervisor to determine if an after-hours warrant is necessary. (c) Unit Supervisor (1) Ensure the reporting instructions on the CDCR Form 1649 shall instruct the offender to report no later than 48 hours after release. (2) Ensure a parole agent is on-duty to conduct an initial interview when the offender is scheduled to report. 81010.13.3

81010.13.3 Parole Agent Pick Up Procedures (a) Offenders who meet any of the following criteria shall be picked up by a parole agent or team of parole agents: (1) Serving a determinate or indeterminate SHU term imposed by an Institutional Classification Committee or the Departmental Review Board, and is being released from an AD-SEG Unit, SHU, or PSU. (2) Classified EOP and determined by two institutional mental health clinicians to be unable to use public transportation. This finding shall be documented by institutional staff on a CDC Form 128-C, Medical-Psychiatric- Dental Chrono. (3) Any offender who, as determined by the parole agent and unit supervisor, may pose an enhanced risk to public safety that may be reduced by a direct pick-up. (b) The following lines of responsibility shall occur when the determination is made that an inmate will be picked up at the institution or other designated location. (1) Parole Agent (A) Complete the CDCR Form 1649 noting the date and approximate time the offender shall be picked up from the releasing facility or at a pre-arranged meeting location. (B) Provide the CDCR Form 1649 to support staff to be electronically transmitted to the releasing institution. (C) If the offender is housed at a facility that will require the parole agent to drive an excessive amount of time, contact the Classification and Parole Representative (C&PR) at the institution housing the offender to make arrangements to have the offender transported to an institution closer to the parole unit or to arrange a meeting point. (D) Contact the releasing institution if there are delays in the anticipated arrival time. (E) Pick up the offender at the designated facility or prearranged meeting location at the scheduled date and time. (F) Transport the offender pursuant to DAPO policy to the parole unit or residence of record. (2) Unit Supervisor (A) Ensure the parole agents are available to pick up the offender on their scheduled or adjusted release date. (B) Ensure the parole agent provides pick up instructions to the releasing institution by completing and sending the CDCR Form 1649. (C) Coordinate the pick up date and time with C&PR. 81010.14

81010.14 Notice and Conditions of Parole Policy (a) The Notice of Conditions of Parole (NOC), as established by CDCR or the Board of Parole Hearings (BPH), are the same for persons sentenced to either a determinate or an indeterminate term of imprisonment. These conditions of parole are not a contract, but are a means of informing offenders of the specific rules governing their behavior. The conditions shall be imposed on the offender whether or not the offender signs the NOC and the SCOP forms. (b) Non-English. If the offender does not understand English, DAPO shall provide an interpreter in a language the offender understands for all parole proceedings. 81010.15

81010.15 Special Conditions of Parole Policy (a) DAPO may impose SCOP in addition to the conditions of parole prior to or after the initial parole date. County superior courts may also impose or modify conditions of parole for parolees sentenced under PC 1170. SCOP imposed by the court may only be modified or removed by the court. (b) BPH shall establish and impose the SCOP for parolees over which BPH has jurisdiction. BPH may impose any SCOP at the hearing where parole is granted. The special condition and reasons for its imposition shall be created using the SOMS “Notice of Conditions” and “Special Conditions of Parole” functions, printed, and given to the offender prior to release. SCOP imposed by BPH are removed or modified only through BPH action. DAPO may impose additional SCOP on offenders under BPH jurisdiction. (c) DAPO shall establish and impose NOC and/or SCOP for persons subject to PC 1170. All SCOP shall be specified in writing with the reason for their imposition and must be issued to the offender in writing prior to becoming effective. The SCOP shall be clearly defined to provide the reader a substantive, defensible, and clear understanding of the SCOP and the reasons for validity. (d) SCOP may regulate conduct that is not in itself criminal, but reasonably likely to increase the chance the offender will commit a new crime. SCOP may be imposed if there is a nexus or if the SCOP are reasonably related to the offender’s commitment offe nse, criminal history, and/or future criminality. SCOP that prohibit otherwise lawful activity are valid only if the prohibited conduct either (1) has a relationship to the commitment offense or criminal history, or (2) is reasonably related to the offende r’s history to deter future criminality. 81010.15.1

81010.15.1 Special Conditions of Parole Mandated by Statute Policy (a) Offenders who meet the following criteria shall have SCOP imposed as required by the statute listed in the following table: Commitment Offense or Past Offense SCOP required Statutory justification Current commitment offense(s) of PC 136.1, 262, 273.5, 273.6 (where victim was the victim of domestic violence), 422 (where victim was the victim of domestic violence), 646.9, and any serious or violent offense in which the victim was a family member The offender shall enroll in and complete a certified batterer’s program within 30 days of the first contact between the parole agent and parolee. The offender shall not threaten, stalk, sexually abuse, harass, or commit further violent acts against the victim. The offender shall not come within 100 yards of the victim’s residence or workplace (upon request of the victim or victim’s legal guardian if the victim is a minor, and/or if the parole agent or unit supervisor deems it appropriate). The offender shall not PC 3053.2 Commitment Offense or Past Offense SCOP required Statutory justification contact the victim or victim’s family (upon request of the victim or victim’s legal guardian if the victim is a minor, and/or if the parole agent or unit supervisor deems it appropriate). Current commitment offense(s) of PC 422.6, 422.7, 422.75, 594.3, or 11411, including, but not limited to any commitment offense for a hate crime against the person or property of the victim because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation. The offender shall refrain from further acts of violence, threats, stalking, or harassment of the victim, or known immediate family or domestic partner of the victim. The offender shall complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one- year counseling program. PC 422.55 PC 3053.4 All commitment offenses, past and present, that require offenders to register per PC 290-294 The offender shall report to, enroll in, and actively participate in a sex offender therapy program approved by DAPO. The offender shall waive psychotherapist-patient privilege and sign all necessary enrollment documents. The offender shall agree to polygraph examinations. PC 3008 Current commitment offenses for a crime listed in PC 667.5(c) The offender shall not contact the victim, witness, or victim’s or witness’s family. The offender shall not reside within 35 miles of the victim/witness (if requested by the victim/legal guardian). The offender shall not reside in the same county as the victim (if requested by the victim/legal guardian) PC 3003, PC 3003(f) Current commitment offense(s) of PC 288 (including subsections) and/or PC 288.5 The offender shall not reside within ½ mile of a school serving any grades kindergarten through 12. PC 3003(g) (b) The parole agent, upon approval of the unit supervisor, may impose additional SCOP if the SCOP meet the criteria established in People v. Lent (1975) 15 Cal.3d 481. 81010.15.2

81010.15.2 Special Conditions of Parole Procedures (a) Parole Agent (1) Reviews case factors to determine appropriate SCOP, if any. (2) Determines whether the offender is capable of understanding the NOC and SCOP in English. (3) Reviews offender’s profile in DECS to determine if any accommodations are necessary. (No Later Than 90 Days Prior to Earliest Possible Release Date) (4) Creates the NOC and SCOP (if applicable) in SOMS and the reason(s) for recommendations. (5) Electronically routes the NOC and SCOP to the unit supervisor for review. (b) Unit Supervisor (1) Ensures all SCOP meet the requirements as set forth in Section 81010.16 are clearly defined. (2) Reviews the NOC and SCOP and enters approval and digital signature in SOMS, thereby imposing the special conditions. (3) The unit supervisor and parole agent shall conduct a case conference if there is a disagreement about the proposed NOC and SCOP prior to approval. (c) CTP Parole Service Associate (1)Verify that the NOC and SCOP (if applicable) exist in SOMS. (2) If there is no NOC or SCOP, create a “generic” NOC within SOMS. (3) No later than 30 days prior to scheduled release on parole, print and provide a copy of the NOC and SCOP to the offender and obtain the offender’s signature and initials in the designated sections. If the offender refuses to sign, write “refused to sign” and initial and date in place of the offender’s signature. (4) If the offender is unable to read the NOC or SCOP, provide effective communication accommadations and document in DECS. (5) Forward the completed RPS, NOC, and SCOP to Institutional Case Records. (d) Institution Case Records Staff (Prior to Inmate's Parole) (1) Scan the completed RPS, NOC, and SCOP into ERMS. 81010.15.3

81010.15.3 Imminent Release (Oral RPS) Conditions of Parole/Probation Procedures (a) CTP Parole Service Associate (1) If there is no NOC or SCOP, from parole, create a generic NOC within SOMS. If there is no NOC or SCOP, from probation, create a generic CDCR Form 1515-CS for PRCS cases. (2) Print and review the copy of the NOC and SCOP (if applicable) with the offender, as described above. Obtain offender signature and date. (3) Provide a copy of the NOC and SCOP to the offender. (4) Forward the completed RPS, NOC, and SCOP to Institutional Case Records. (b) Parole Agent. Upon assignment of the case, immediately or with five business days following notification of imminent release complete the NOC and SCOP 81010.15.4

81010.15.4 Serving Offender With Notice of Conditions and Special Conditions of Parole Procedures (a) Parole Agent (1) Print a copy of the NOC and Special Conditions of Parole (SCOP), if applicable, and review them with the offender. If necessary, use the DAPO approved translator service in a language the offender understands. (2) Instruct the offender to initial and sign appropriate boxes in the NOC and SCOP. (3) If the offender refuses to sign, write “refused to sign” and initial and date in place of the offender’s signature. (4) Provide a copy of the NOC and SCOP to the offender. (5) Document in the automated ROS any reasonable accommodations and modifications provided and effective communication methods used. 81010.16

81010.16 Removal or Revision of Special Conditions of Parole Policy The unit supervisor may remove or modify SCOP not imposed by BPH or the court. The SCOP to participate in psychiatric treatment may not be removed without concurrence of Behavioral Health Reintegration (BHR) staff. A new NOC shall be completed anytime special conditions of parole are removed or modified. 81010.16.1

81010.16.1 Removal or Revision of Special Conditions of Parole Procedures (a) Parole Agent (1) Conducts case conference with the unit supervisor to determine if NOC, SCOP, or both need to be revised, modified, or removed. (2) Records, dates, and signs case conference decisions in the automated ROS. (3) Prepares a new NOC and modified SCOP in SOMS. (4) After unit supervisor approval, serves offender with the new NOC and SCOP as described in section 81010.15.4. (b) Unit Supervisor. Reviews and electronically signs the new NOC and modified SCOP in SOMS. 81010.16.2

81010.16.2 Revisions to Board of Parole Hearings-Imposed Special Conditions of Parole (a) Parole Agent (After Release to Parole) If the parole agent seeks to modify a special condition imposed by BPH, the agent completes the BPT Form 1135, Miscellaneous Decision, indicating recommended SCOP and reasons for recommendation and forwards to unit supervisor. (b) Unit Supervisor (1) Reviews BPT Form 1135 and signs if approved. (2)Electronically transmits the BPT Form 1135 to BPH. (c) Parole Agent (After Board of Parole Hearings Decision) If needed, creates new NOC and SCOP in accordance with BPH’s decision and serves offender. 81010.17

81010.17 Offender Refusal to Sign Notice and Conditions of Parole Policy The parole agent shall request the offender sign the NOC and SCOP (if applicable). A California offender is not required to sign the NOC and SCOP in order for them to be in effect. If an offender supervised by DAPO under the terms of the Interstate Compact on Adult Offender Supervision refuses to sign the NOC and SCOP, this shall be considered behavior requiring retaking and reported to the sending state in accordance with DOM Chapter 8, Article 6, with a recommendation that the offender be returned to the sending state 81010.17.1

81010.17.1 California Offender Refusal to Sign Notice and Conditions of Parole Procedures (a) Parole Agent (1) Interviews offenders to determine why they refuse to sign. (2) Attempts to resolve any dispute. (3) If the offender continues to refuse to sign the NOC and SCOP, the parole agent shall advise the offender that the conditions are imposed regardless of signature. (4) The parole agent shall write “REFUSED TO SIGN” in the offender’s signature box of the NOC and SCOP forms. (5) Informs the unit supervisor of the refusal. (6) Documents in the automated ROS any reasonable accommodations and modifications provided, and effective communication methods used. 81010.17.2

81010.17.2 Interstate Compact Offender Refusal to Sign Notice of Conditions and Special Conditions of Parole Procedures (a) Parole Agent (1) Interview offender to determine why the offender refuses to sign the NOC and SCOP (if applicable). (2) Attempt to resolve the dispute. (3) If the offender continues to refuse to sign the NOC and SCOP, report the violation to the sending state as behavior requiring retaking as described in Section 81060.10. The offender may be placed in custody on an interstate hold with unit supervisor approval. When submitting the violation report, the parole agent shall recommend that the sending state retake the offender. 81010.18

81010.18 Parole Agent's Verbal and Written Instructions Policy A verbal instruction requiring or prohibiting specific behavior that will be in effect for five calendar days or more shall be confirmed in writing within five business days after notifying the offender. The parole agent shall ensure the offender understands the instructions, and shall document the instructions given in the automated ROS. If the verbal or written instruction is permanent, a new NOC and modified SCOP shall be served to the offender within five business days from the date of verbal instruction. 81010.19

81010.19 Dual Referral Pre-Parole Policy For offenders in CDCR institutions referred to out-of-state placement, the RPS Offender Investigation in SOMS shall be forwarded to both the appropriate parole region and the Interstate Compact Unit for investigation. Parole unit staff shall conduct the pre-release tasks in the same manner as other pre-parole referrals until notified by institution staff of acceptance by the receiving state. If the offender is not accepted for supervision by the receiving state prior to release on parole, the offender shall report to DAPO as instructed. 81010.20

81010.20 Warrant Pending Pre-Parole Policy (a) For offenders with pending warrants, holds, or detainers the RPS in SOMS shall be forwarded to the appropriate parole region. (b) Parole unit staff shall conduct the pre-release tasks in the same manner as other pre-parole referrals. (c) If the warrant is exercised by a California agency or a federal agency (other than USICE) upon the offender’s release and the offender is housed in custody in California, the assigned parole agent is responsible for monitoring case status and providing service in the same manner as other cases in local custody. (d) If the warrant is exercised by an out-of-state agency or by a federal agency (other than USICE) and the offender will be in custody outside California, the assigned parole agent shall monitor case status in the same manner as other cases in local custody. (e) If the warrant is exercised by an out-of-state agency or by a federal agency (other than USICE) and the offender is released to a local agency pending extradition, the assigned parole agent is responsible for monitoring case status and providing services in the same manner as other cases in local custody.

81010.20.1 Offenders Paroled to Warrant Procedures (a) Parole Agent (1) Assures that length of parole, NOC, and SCOP, if applicable, for Determinate Sentence Law cases are included in the completed RPS. (2) Determines name, address, warrant number, and Also-Known-As (AKA), if applicable, of the offender for an agency taking custody out-of-state. (b) Institution Staff (1) Notifies parole agent, on or before the scheduled release date, if a warrant is not exercised (parole agent assumes responsibility for the case). (2) Enters parole unit into SOMS. 81010.21