Department Operations Manual

81010.21 United States Immigration and Customs Enforcement Detainer Policy (a) If known, SOMS and the RPS shall specify if an offender will be paroled to a USICE hold. DAPO is responsible for monitoring case status both prior to completion of deportation proceedings and after deportation according to the following procedures: (1) Each DAPO Region shall maintain a Regional ICE Unit. (2) The Regional ICE Unit is the repository for field files for all offenders who are in the custody of ICE and/or pending deportation. The Regional ICE Unit shall also monitor deported parolees. (3) A SCOP shall be imposed on all cases that have a USICE detainer prior to release stating, “If deported you shall not re -enter the United States of America (USA) illegally.” 81010.21.1

81010.21.1 United States Immigration and Customs Enforcement Detainer Procedures When a parole agent becomes aware of an offender under their supervision is being held in USICE custody, or has an active USICE hold or detainer, they shall prepare that case for transfer to the respective Regional ICE Unit. The parole agent shall forward the reports and field file to the unit supervisor for approval. Once approved by the unit supervisor, the case shall be transferred to the respective Regional ICE Unit according to current DAPO policy. Information justifying the reason for the transfer to the Regional ICE Unit shall be entered into SOMS. 81010.21.2

81010.21.2 Regional Re-Entry Unit Procedures (a) If a USICE hold or detainer exists when the case is sent by CTP staff to the Regional Re-Entry Unit, the Re-Entry Unit shall: (1) Process the RPS in accordance with current policy. (2) Review all available records and databases for the active USICE hold or detainer. (3) In the “Assigned Parole Unit” box of the RPS, the Re -Entry Screener shall note the Regional ICE Unit assignment. The assigned DAPO parole unit shall be written in parentheses next to the Regional ICE Unit. (4) The parole units’ address and location shall reflect the assigned parole unit in the event the offender is released. (5) The reporting instructions shall be report to the OD. (6) Supervision level and reporting instructions shall be in accordance with current DAPO policy. (7) The Regional ICE Unit shall make an assessment and recommendation as to the supervision level of the offender, regardless of the offender’s foreign national affiliation. (8) The case shall be forwarded to the Regional ICE Unit. The parole unit assignment in SOMS for all active Northern Region USICE cases shall be INS1 and all active Southern Region cases shall be INS3. 81010.21.3

81010.21.3 Regional Immigration and Customs Enforcement Unit Supervision Procedures (a) Upon receipt of field files from DAPO parole units or the Regional Re- Entry Unit, the Regional ICE Unit shall: (1) Update SOMS to reflect acceptance of the case transfer. (2) The Regional ICE Unit supervisor shall review the field file(s) and assign to a PSA. (3) On the offender’s release date, or the following business day, the PSA shall review SOMS to verify whether or not the offender was released to the community or to another law enforcement agency. If the offender was released to a hold or detainer other than an USICE hold or detainer, but still has an active USICE hold or detainer, the PSA shall keep the field file and monitor the case in accordance with DAPO policy. (4) If the law enforcement agency releases the offender to the community with no pending USICE hold or detainer, the PSA shall prepare the field file for transfer to the respective parole unit identified on the RPS. (5) Prior to transfer, any Discharge Review Date or Controlling Discharge Date discrepancies shall be submitted to Parole Case Records for clarification prior to transferring the field file, but shall not delay transferring the field file to the appropriate parole unit. (6) If the offender was released to the custody of USICE, the PSA shall determine the current custody location or deportation status. Upon verification that the offender is in USICE custody, the case shall be designated “Pending Deportation” status in SOMS . (7) The PSA shall verify a “Pending Deportation” parolee’s USICE custody status each calendar month. 81010.21.4

81010.21.4 Regional Immigration and Customs Enforcement Unit Procedures for Deported Offenders (a) Upon verification that the offender has been deported, the Parole Services Associate (PSA) in the Regional Immigration and Customs Enforcement (ICE) Unit shall: (1) Change the status in SOMS to “Deported.” (2) Continue to monitor the case according to current DAPO policy. (b) When PVDTS shows that the discharge review is due: (1) Obtain a Criminal Identification and Information (CI&I) Report not more than 45 days older than the due date of the discharge review and any documents verifying the offender’s deportation. (2) Complete a discharge review on the automated, Discharge Review Report, in PVDTS. (3) In the body of the Discharge Review Report, provide details that the offender was deported and recommend “Retain on Parole” or “Discharge Denied/No Action” for the offender. (4) Upload proof of deportation into the PVDTS Discharge Review packet. (5) Continue to supervise the case until discharged. (c) When the Regional ICE Unit places a PC 3056 hold, or becomes aware a hold has been placed on a United States Immigration and Customs Enforcement (USICE) case, the PSA shall initiate the automated Probable Cause Determination (PCD) in PVDTS. The completed PCD shall provide as much information as possible to include, but not limited to: (1) Arresting agency; (2) Agency case number; (3) Custody location; (4) Current charges; and (5) Scheduled court date. (d) The Regional ICE Unit supervisor shall review the PCD and electronically sign it in PVDTS. Upon approval of the PCD, the Regional ICE Unit PSA shall: (1) Contact the assigned parole unit’s supervisor or Par ole Agent II (PAII) Supervisor as indicated on the Release Program Study (RPS), via electronic mail and inform them of the arrest, including all of the information listed above. (2) Initiate transfer of the case in SOMS to the assigned parole unit. (3) Forward the PCD and field file to the assigned parole unit via overnight mail. 81010.21.5

81010.21.5 Regional Immigration and Customs Enforcement Unit Procedures for Offenders Released (a) During monitoring of an offender that was being held in USICE custody, if the PSA discovers or is notified that the offender is pending release to the community, the PSA shall contact the assigned parole unit via electronic mail and inform the unit supervisor or Parole Agent II (Supervisor) of the upcoming release date and notify the parole unit that the case is being transferred. (b) If the PSA discovers or is notified the offender was released from USICE custody, the PSA shall: (1) If the offender has reported to the parole unit, initiate the transfer in SOMS and forward the field file to the appropriate parole unit. (2) If the offender has not reported to the parole unit, initiate the transfer in SOMS to the appropriate parole unit, detailing the known circumstances of the release. The PSA shall determine if the offender has a CSRA score of five, or if the offender is required to register pursuant to PC 290 through 290.024. If either of those apply, the PSA shall electronically mail the unit supervisor of the assigned parole unit and report the case factors along with any other pertinent information about the release. 81010.21.6

81010.21.6 Regional Immigration and Customs Enforcement Unit Procedures for Deported Offenders Who Return to the United States of America Illegally (a) If the offender has not been arrested, enter comments into SOMS detailing the case factors and discovery of the illegal re-entry. (b) Determine if the offender has a CSRA score of five or if the offender is required to register pursuant to PC 290 through 290.024. If either of those apply, the PSA shall electronically mail the unit supervisor and Parole Agent II (Supervisor) of the assigned parole unit and report the case factors along with any other pertinent information about the offender’s release and/or arrest. (c) Initiate the transfer in SOMS to the appropriate parole unit and transfer the case to the parole unit via overnight mail. (d) If the offender has been arrested, complete the PCD in PVDTS, detailing the known circumstances of the arrest, including case numbers and court dates. Transfer the field file to the parole unit via overnight mail after the unit supervisor approves and electronically signs the PCD. 81010.21.7

81010.21.7 Parole Unit Responsibilities (a) Upon receipt of a field file from the Regional ICE Unit, the case shall immediately be assigned to a parole agent. The case shall be supervised in accordance with DAPO policy. (1) If the case was transferred to the parole unit due to the offender being released from USICE custody, and the offender has not reported to the parole unit, the parole agent shall request a warrant for the offender’s arrest in accordance with DAPO policy. (2) If the case was transferred to the parole unit after the offender’s arrest and the placement of a parole hold, the parole agent shall conduct a case conference with the unit supervisor or designee and determine the course of action for the violation in accordance with DAPO policy. (3) If the case was transferred to the parole unit and the offender reported, the parole agent shall supervise the case in accordance with DAPO policy. (4) If the offender is returned to USICE custody, the case shall be transferred back to the Regional ICE Unit. (5) If the offender reports prior to the parole unit’s receipt of the field file from the Regional ICE Unit, or prior to the case being assigned to a parole agent, the Officer-of-the-Day (OD) shall access CDCR databases to obtain necessary documents to begin the initial interview and update the NOC and modify the SCOP, if necessary. The OD shall also ensure that the offender is photographed according to current DAPO policy. 81010.22

81010.22 Release From Revocation Status Policy The superior court or BPH may set a specific period of revocation time following a finding of good cause. The offender shall be released from custody on the day of completion of the revocation period. The parole agent shall assist the offender in readjusting to the community. 81010.22.1

81010.22.1 Release From Revocation Status Procedures (a) Parole Agent (1) Retain field file of offender serving a revocation period. (2) Supervise offender as an active case when serving a revocation period in local custody in accordance with DAPO policy. (3) If necessary, modify the SCOP to comply with applicable changes ordered by BPH, or the courts, or as a result of conduct or circumstances of the violation. (4) Serve offender with new NOC and SCOP upon release from revocation. (5) Monitor the case in local custody during the revocation period. 81010. 23 Revisions The DAPO Director or designee is responsible for ensuring this section is current and accurate. 81010.24

81010.24 References • PC §§ 136.1, 245, 261, 262, 273.5, 273.6, 286, 287, 288, 288.5, 289, 290 through 294, 295 et seq., 422, 422.6, 422.47, 422.55, 422.75, 594.3, 646.9, 646.92, 667.5, 1168, 1170, 1170.2, 1170.18, 1192.7, 2713.1, 2960, 3000, 3000.1, 3000.08, 3002, 3003, 3007.05, 3008, 3053.2, 3053.4, 3056, 3058.6, 3058.61, 3058.8, 3057(b), 3060.5, 3060.7, 3064, 3451, 4501, 11177.2, 11411, and 12022.53, 12022.7, and 12022.9. • VC § 23153 • CCR (15) (2) §§ 2510, 2512, 2513, and 2515. • CCR (15) (3) §§ 3000, 3054.3, 3058.6, 3058.8, 3741 through 3748 • People v. Lent (1975) 15 Cal.3d 481 Revision History Revised: February 24, 2017. Revised: January 14, 2020. Revised: February 10, 2022. A RTICLE 2 — C ASE S UPERVISION Revised October 30, 2018 81019

81019 Policy Legal Basis of Parole The California Legislature has found and declared “...that the period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. It is in the interest of public safety for the State to provide for the supervision and surveillance of parolees and to provide educational, vocational, family and personal counseling necessary to assist parolees in the transition between imprisonment and discharge.” Responsibility for Supervision Each parolee, whether on active, suspended Parolee-at-Large (PAL), or revoked status, shall be assigned to a parole agent. Parole agents are responsible for case supervision, surveillance and services delivery to parolees assigned to their caseloads. The primary means through which parole agents fulfill these responsibilities are through contacts with parolees and persons involved with the parolees. Parole agents shall cooperate with other law enforcement and human services agencies that may be involved with their parolees. Case contacts (field, office or collateral) shall be carried out to accomplish supervision objectives. 81019.1

81019.1 Purpose The purpose of this Article is to establish supervision specifications consistent statewide, based on the current risks and needs of an offender supervised by Division of Adult Parole Operations (DAPO). Should any clause of this article be in conflict with the Bargaining Unit 6 Memorandum of Understanding (MOU), the MOU shall prevail. 81020

81020 California Parole Supervision Reintegration Model The California Department of Corrections and Rehabilitation (CDCR), DAPO, utilizes the California Parole Supervision Reintegration Model (CPSRM), which utilizes evidence-based practices to enhance public safety through long- term positive behavioral change. The mission of CPSRM is community safety through recidivism reduction. The core of CPSRM emphasizes the quality of supervision and the total involvement of the parolee in the supervision process. These practices have proven to positively impact offender reintegration into society. 81020.1

81020.1 California Parole Supervision Reintegration Model Supervision Categories DAPO shall utilize varying supervision categories that are consistent with the parolee’s case plan and risk level as determined by the California Static Risk Assessment (CSRA) score and performance on parole. Each parolee shall be assigned to a specific supervision category level based on their assignment to a supervision model. The supervision categories are as follows: • TP - Transition Phase • CA - Category A • CB - Category B • CC - Category C • CD - Category D • CP - Residential Treatment Program • HC - High Control • EX - Enhanced Outpatient Program (EOP) Non-Specialized • EO - EOP Specialized • MD - Mentally Disordered Offenders (MDO) Specialized • MX - MDO Non-Specialized • IS - Electronic In Home Detention (EID) Monitoring (Sanction) • IM - EID Monitoring (Monitoring Tool) • OH - Non-Sex Offender referred to the Office of Correctional Safety • PD - Pending Deportation • DP - Deported 81020.2

81020.2 Case Category Assignment Criteria Initial Case Category Assignment Unless otherwise specified in this Article, all parolees shall be supervised in category TP, upon their initial release from custody. Changing Supervision Levels When changing supervision levels, the individual parolee’s case factors, risk to the community, and progress in addressing their criminogenic needs must be the foundation for the decision. CPSRM is designed to customize the supervision to the individual needs of the parolee. When reducing the supervision level, there should be an incremental decrease in supervision level which is based on the parolee’s performance, length of time in the community and programming to address criminogenic needs. The parole agent should have the opportunity to assist the parolee with long-term behavioral change, but also observe the parolee’s community adjustment for a period of time prior to reducing the supervision level. The following guidelines to change supervision levels, based on the case conference review rating scale stating “reduction is warranted” may be followed: Category TP - Category A = 60 to 90 days (mandatory). Category A - Category B. Category B - Category C. Category D - Custody/Gravely Ill (mandatory) 81020.2.1

81020.2.1 Transition Phase Cases Parolees assigned to the category TP shall be: • Assigned upon initial release from custody. Parolees directly released to or immediately placed into a state funded residential program shall normally be reduced to the category CP level of supervision while participating in the program. • Assigned for a minimum of 60 consecutive calendar days, and a maximum of 90 consecutive calendar days. • Parolees in the first year of the parole term who are returned to custody for a period of 60 consecutive calendar days or more. • Parolees in the first year of the parole term who are reinstated to parole after being PAL for 30 calendar days or more. • The following parolees shall be excluded from placement into the TP category: • Parolees required to register pursuant to Penal Code (PC) Sections 290 through 290.024 who shall be supervised in accordance with the Sex Offender Management Program (SOMP). • Validated gang members or associates as approved by the unit supervisor, who shall be placed on Global Positioning System (GPS) monitoring and placed on a specialized caseload. • Enhanced Outpatient Program (EOP) and MDO participants. • Inmates who are eligible for post release community supervision pursuant to PC Section 3451. 81020.2.1.1

81020.2.1.1 Exceptions to Transition Phase • Parolees directly released to or immediately placed into a state funded residential program shall normally be reduced to the category CP level of supervision while participating in the program. • Inmates supervised under the Alternative Custody Program (ACP) or Expanded Medical Parole program. • Parolees who are in the second year or beyond of the parole term that previously successfully completed a program during the first year to address their criminogenic needs and are then returned to custody for a period of 60 consecutive calendar days or more, and/or are reinstated after being PAL for 30 calendar days or more, shall have a case conference review to determine if the category A supervision level is more appropriate. 81020.2.2

81020.2.2 Category A Cases Category A cases shall normally be reserved for the following parolees: • Parolees whose risk level includes High Drug, High Property, and High Violence, defined as: • High Risk Drug, with a CSRA score of 3. • High Risk Property, with a CSRA score of 4. • High Risk Violence, with a CSRA score of 5. • Public interest cases. • High notoriety cases. • Parolees governed by the Interstate Commission for Adult Offender Supervision until a manual CSRA score is calculated. • Parolees assigned to EID supervision. • Immediately following supervision in category TP for additional transition time, if case factors warrant a higher supervision level. 81020.2.3

81020.2.3 Category B Cases Primarily reserved for parolees whose risk level is moderate with a CSRA score of 2. 81020.2.4