Department Operations Manual

101010.3.4 Classification of Inmates (a) Education staff shall review inmate education records upon inmate arrival. If inmates do not have a reading grade level established in the Strategic Offender Management System (SOMS), education staff shall administer a reading assessment prior to Classification Committee to assist in determining effective communication and appropriate education course(s) placement. (1) Prior to classification, education staff (registrar) shall provide inmates a release form that authorizes the registrar to request education transcripts and special education records from the prior school(s) the inmate attended. Inmates shall authorize the school to obtain educational records to determine education needs. (2) Education staff shall update an inmate’s educational history in the SOMS to ensure records are available to Classification Committees for proper placement on appropriate waiting lists, based on their educational needs. (3) Classification Committees shall place inmates on waiting lists for education programs. An education administrator shall provide input and training to the Correctional Counselors to assist in determining inmate education needs. (4) Recommendations for assignments to education programs shall be made on the basis of reading grade levels, the department’s needs assessment instrument, educational history, assessment records, inmate career goals, the inmate’s rehabilitation case plan, and medical and mental health factors and recommendations. (5) Inmates who do not have a High School Diploma (HSD), a High School Equivalency (HSE), or inmates with developmental disabilities who do not have a Certificate of Completion (Certificate of Attendance and Participation), shall be placed on a waiting list for Adult Basic Education (ABE) or Adult Secondary Education (ASE), based on their most current reading grade level. (6) Inmates who are within two years of release shall be placed on a waiting list for the Transitions course. (7) Inmates with a medium to high need for employment based on the department’s needs assessment tool shall be placed on a waiting list of their choice for a CTE training course, and one alternate CTE training course based on the Education Administrator recommendation. An inmate shall not be screened out for participation in CTE training courses based on the inmate’s reading grade level. Inmates must meet the safety and eligibility criteria to perform the requirements of the CTE training course, based upon the course description and the ability to read the coursework, with accommodations. (8) Institutional safety and security needs shall also be considered when making education assignments within established policy guidelines. 101010.3.5

13030.17.2.2 Classification Committee Review Revised April 11, 2014 Every classification committee shall review the documents in the Confidential Section of each case being considered. If the designation of “ Confidential ” assigned to any document is no longer warranted, the document shall be reclassified. The classification committee chairperson shall ensure that the procedures for returning declassified documents to their assigned place in the C-file, as outlined in DOM 13030.17.4, are followed. 13030.17.3

54046.9 Classification Review The UCC/ICC shall review and determine an inmate’s need for single -cell status as part of the Initial and the Annual Classification Review. If upon review a UCC determines the “S” suffix is no longer warranted and an ICC imposed the “S” suffix, the UCC sh all refer the case to ICC for review and final determination. As it is the expectation all inmates will double cell, the determination of single- cell status shall be documented as part of the ICC review and updated at the inmate’s annual classification committee review. Prior to referral for transfer or placement co nsideration, the UCC or ICC shall determine the inmate’s need for continued single- cell status. A classification committee’s decision regarding involuntary cell assignments or housing status reevaluations shall be documented on a CDC Form 128-G. 54046.10

61020.13 CDC Form 840 Classification and reclassification of inmates will normally be made pursuant to the CDC Inmate Classification Scoring System except when in the exercise of the discretion and judgment of the departmental officials it is deemed necessary to depart there from in individual cases. Such departures from the system shall be made for the purpose of ensuring the safety of inmates, correctional personnel, and that of the general public as well as for special institutional and/or programming needs. 61020.13.1

62010.6.1 Classification Score The inmate ’ s classification score shall be used as a primary factor to determine the level of institutional placement. The establishment of the inmate ’ s actual custody shall be the responsibility of the classification committee. 62010.6.2

62010.8.3 Initial Classification Committee Each institution shall establish an initial classification committee to review and initiate a suitable program for each inmate within 14 days after arrival at the institution. Composition Initial classification committees shall consist of: • Captain (chairperson). • CC-III or captain (alternate chairperson). • CC-II or CC-I (committee recorder). • Assignment lieutenant. • Educational or vocational program representative. • Other staff as required. Functions Initial classification committees shall: • Initiate an educational, vocational training, or work program and privilege group designation. • Evaluate case factors and assist the inmate to understand institution expectations, available programs, and resources. • Designate the degree of custody necessary to control the inmate. • Refer complex cases to the ICC. • Recommend transfer of a new arrival determined to be inappropriately placed. • Grant worktime credits to which the inmate is entitled while in transit. 62010.8.4

62010.8.4 Unit Classification Committee (UCC) Each program unit shall establish a UCC to provide routine classification of inmates. Those institutions without organized program units shall establish equivalent committees. Composition UCC ’ s shall consist of: • Captain (chairperson). • CC-III or captain (alternative chairperson). • CC-II or I (committee recorder). • Program lieutenant. • Educational/vocational representative. • Other staff as required. Functions UCC ’ s shall: • Review each inmate ’ s case at least annually to consider the accuracy of the inmate ’ s classification score, custody designation, program and institution placement which includes recommendation for transfer. • Conduct post board classification on an inmate within 15 days of receipt of official notice of a BPT decision regarding the inmate. • Act on disciplinary credit losses on cases for Divisions C, D, E, and F which will serve as the first level of appeal review. • Approve or deny an inmate ’ s request for restoration of forfeited credits for Divisions C, D, E, and F offenses in compliance with CCR 3327. • Change an inmate ’ s privilege group. 62010.8.5

62060.6.1 Privileges and Expectations Step Process The Classification Committee will determine if the inmate has successfully completed their ITP requirements or failed to meet their requirements. Inmates who have met their ITP requirements shall be eligible to advance to the next step of the BMU program. Inmates who have not met their ITP requirements shall be reviewed for appropriate step placement. Step 1 : Initial Placement – WG A1, A2, B or C and PG C status: Authorized emergency phone calls only, one-fourth the maximum monthly canteen draw allowance, a minimum of ten (10) hours out-of-cell time per week, which includes yard, dayroom, workshops, self-help group activities as limited by physical design, local institution security and facility needs, and non-contact visits. Inmates must be afforded at least five hours per week of access to recreation on an outdoor exercise yard. If the inmate meets the goals of the ITP, he will advance to Step 2. Step 2 : WG A1, A2, B or C and PG C status: One (1) phone call per month, one-fourth the maximum monthly canteen draw allowance, a minimum of ten (10) hours out-of-cell time per week, which includes yard, dayroom, workshops, self-help group activities as limited by physical design, local institution security and facility needs, and non-contact visits. Inmates must be afforded at least five hours per week of access to recreation on an outdoor exercise yard. If the inmate meets the goals of the ITP, he will advance to Step 3. Step 3 : WG A1, A2, B and PG B status: One (1) phone call per month, one-half the maximum monthly canteen draw allowance, a minimum of ten (10) hours out-of-cell time per week, which includes yard, dayroom, workshops, self-help group activities as limited by physical design, local institution security and facility needs, and contact visits. Inmates must be afforded at least five hours per week of access to recreation on an outdoor exercise yard. If the inmate meets the goals of the ITP, he will advance to Step 4. Step 4 : Upon completion of the ITP, inmates will be returned to traditional GP housing. Failure to progress in the stepped process shall be grounds for rejection from the BMU Program and a review by the Classification Committee for placement on WG C PG C status. Inmates may not remain in the BMU for more than 180 days without participation. Once the inmate is rejected from BMU by the Classification Committee, he shall be retained on C status and rehoused commensurate with his custody level. Inmates who have been rejected from the program shall not be placed in any other General Population work or program assignment until they have successfully completed their ITP in the BMU. Inmates who have been rejected from the BMU program must submit a written request to their Correctional Counselor I for readmission to the program and shall be reviewed by a Classification Committee. 62060.7

62130.4 Classification Services Unit Role The Classification Services Unit (CSU) shall ensure departmental coordination, compliance, and standardization of SVP processes. CSU performs the following tasks: • Resolves conflicts. • Raises concerns for resolution. • Prepares legislative reviews. • Provides a computer listing of inmates and parolees in revoked status to each Warden and Classification and Parole Representative (C&PR)/Reception Center (RC) Correctional Counselor (CC) III at least nine months prior to the scheduled release dates. This list is generated from the Offender Based Information System for inmates subject to registration as sex offenders pursuant to the Penal Code (PC) Section 290 list. • Maintains a database, which includes records and statistics of all potential SVP cases screened by the Division of Adult Institutions (DAI) and Division of Adult Parole Operations (DAPO). • Forwards cases meeting SVP criteria to the Board of Parole Hearings (BPH) for an independent review and further processing. For cases where a conclusive determination cannot be made based upon a review of the current central/electronic file and archive file documents, see the BPH section below. • Forwards a copy of all Department of Mental Health (DMH) and /or BPH results upon receipt, for placement in the inmate’s central/electronic file. • Generates teletypes for SVP transfers to Atascadero State Hospital (ASH), Coalinga State Hospital (CSH), or Patton State Hospital (PSH) upon request from the SVP Coordinator at either California Men’s Colony-East (CMC-E) or California Institution for Women (CIW). • Provides formal training to CDCR staff. • Serves as the CDCR liaison to the following: • BPH • CSU refers cases to BPH in which a final determination cannot be made based upon available information. These are commonly referred to as “MAYBE” cases and consist of any SVP package that does not contain complete and sufficient documentation necessary to address the SVP statutory commitment criteria. Typically, “MAYBE” cases will involve out-of-state and out-of-country sex offense convictions; California convictions of SVP offenses for which supporting documentation is missing or incomplete; juvenile adjudications for SVP under certain circumstances; mentally disordered sex offender commitments to DMH; military and federal convictions for any sex offenses, etc. BPH will attempt to obtain the necessary documentation related to the conviction. BPH will then provide the documentation to the California Department of Justice (DOJ), who will complete a legal analysis of the case, and make the determination whether the sex offense convictions outside of California contain the same elements as the qualifying SVP offenses listed in the W&IC. BPH shall advise CSU of the determination results. • If after completing their independent review, BPH determines the case meets the criteria for SVP, BPH will forward the case to DMH and provide CSU with documentation of their determination. • If after completing their independent review, BPH determines the case does not meet the criteria for SVP, BPH will notify CSU of the determination and provide documentation of the results. • The BPH may order that an inmate remain in custody for no more than 45 days beyond the inmate’s release date for completion of the DMH process. • After release from CDCR, BPH may conduct Revocation Hearing proceedings for SVP pre commitments/commitments who are involved in serious revocable misconduct. • DMH • DMH conducts clinical evaluations of potential SVPs to determine if the inmate has a diagnosed mental disorder which makes the inmate a danger to the health and safety of others, in that it is likely that he or she will engage in sexually violent criminal behavior. • DMH refers individuals meeting SVP criteria to the inmate’s county of commitment with a request for petition for a civil commitment. • DMH clinicians shall provide SVP treatment at CDCR to individuals who had been placed at ASH, CSH, or PSH for SVP processes and who subsequently return to CDCR as a result of serious misconduct. • DMH shall notify CDCR of the evaluation determination and provide documentation of the results. • C&PRs. • See Section 62130.5 62130.5

31050.5 Job Classifications Appointment to these job classifications depends upon the number of positions available through funds acquired from State resources. The positions are nontesting, nonstatus classes and temporary in nature. Student Intern This program is designed for the student who desires to extend the learning experience to include actual work assignments in the correctional setting. Applicants shall be enrolled in an accredited college program. The positions are not civil service and are not salaried. However, most colleges allow units of credit for this type of experience. Tenure may be for several weeks or months. Student Assistant The student assistant assists regular departmental employees in services such as psychological, sociological, educational or administrative; assists in experimental and research projects by gathering data; observes and reports on departmental methods and procedures. Candidates shall produce proof of application for, or enrollment as a student in an appropriate college or university program. Work assigned to incumbents shall be directly related to their college curriculum and academic goals. Graduate Student This temporary authorization class is designed to provide currently enrolled graduate students with an opportunity to familiarize themselves with the State's professional work, consistent with their course of study. The major Department use of the class has been in the law student program. Professional Intern There are several ways to qualify for the class of professional intern; the most typical being registration in a recognized college or university. The professional intern functions in much the same capacity as the student assistant; however, as experience and training are acquired, responsibilities are increased. The class is nonsalaried, but maintenance items such as employee quarters may be provided if available. The local business manager and personnel representative act as coordinators for this type of appointment. 31050.6

31060.5.3 Classification Staff Representative (CSR) Appointments Process The process for selection of CSR is as follows: • The Chief, Classification Services, shall canvass for interested candidates by the departmentwide job opportunity bulletin. • All candidates shall submit, a STD Form 678, to the Chief, Classification Services, for review. • The CSU shall pre-screen all applications for qualifying experience. • Those applicants accepted for consideration as a CSR shall be scheduled for interviews. • Applicants not selected for an interview shall be so notified by memorandum or telephone call. • All CSR appointments require the approval of the Director/Chief Deputy Director. 31060.5.4

54040.14 Classification Process In cases of alleged sexual violence, staff sexual misconduct or sexual harassment, a determination shall be made for all victim(s) and offender suspects(s) if placement in an ASU is warranted, for reasons outlined in CCR Section 3335 and the reason shall be documented on the Classification Committee Chrono. Following ASU placement, an administrative review shall occur in accordance with CCR Section 3337. Consideration during Institution Classification Committee (ICC) must be given to: • Completion of Departmental Disciplinary Process. • Yard assignment while in ASU. • Single or double cell status. • Referral to the District Attorney for Criminal Prosecution. • Housing including a consideration of alternate General Population Facilities, Sensitive Needs Yard placement, Out-of-State placement (requires Departmental Review Board (DRB) approval), or Indeterminate SHU (DRB approval). 54040.14.1

62010.6.2 Classification Score Ranges Inmates within the following range of classification scores shall be placed in an institution that is designated at the level indicated. Score Level 0-18 I 19-27 II 28-51 III 52+ IV 62010.7

62010.8.13 Reentry Classification Committee Each reentry/work furlough facility shall establish a reentry classification committee to provide for routine classification for inmates assigned to a reentry work furlough program. Composition • PA (chairperson). • PA-III (unit supervisor/center manager reentry coordinator) (alternate chairperson). • PA-II (reentry specialist). Functions Two members constitute a quorum. Due to distance considerations, the committee will not usually sit en banc. The reentry specialist will complete necessary CDC Form 128-G and forward to committee members for appropriate signatures/approval. • Document inmate misconduct and affirm, modify, or reject any action taken. • Review disciplinary actions where worktime credits were lost/denied and to act as inmate’ s first level of appeal review. • Restore lost credits, where appropriate, for disciplinary violations. 62010.9

62010.9 Classification Committee Responsibility Due Process Each classification committee shall: • Inform the inmate of the purpose of the hearing and introduce committee members. • Encourage the inmate to participate in the hearing discussion. • Make decisions based on evaluation of available information and mutual agreement of the committee members. • Inform the inmate of the decision. 62010.9.1

62010.9.1 CDC Form 128-G, Classification Committee Documentation Requirements Each classification committee shall: • Prepare a recording of the hearing on a CDC Form 128-G. • Issue a copy of the CDC Form 128-G to the inmate. The documentation of each classification shall include: • The action taken. • The date of the action. • The specific reason(s) for the action(s) including the information upon which the decision was based. • The names of staff who participated in the decision. • The name of the chairperson of the committee taking the action. • The name and signature of the person recording the action. 62010.10

62050.13.18 SHU Classification Review The UCC shall conduct classification hearings on all indeterminate cases to determine the need for SHU retention in 120-day intervals. 62050.13.19

76010.16 Classification Committee/Responsibility If this committee recommends for release, referral procedures are initiated and the counselor shall complete the Referral to OPS/RPS worksheet. The date of the committee action and those participating on the committee shall be listed. The evaluative summary shall be listed and include the committee's evaluation. If the resident is not considered ready for release, this committee establishes the next review date and returns case responsibility to the CC-I. The committee shall submit an evaluation and recommendation(s) for change(s) or addition(s) to the plan. In the event that the program unit classification committee is split in its opinion, the case shall be referred to the Institution Classification Committee for final determination. 76010.17

86080.6 Declassification The person designated to review a file prior to its being examined may declassify information previously classified as confidential. The reviewer should discuss the intended declassification with the person who originally classified the information as confidential. A difference of opinion regarding the need for classification as confidential will be referred to the District Administrator or designee for a final decision. (Refer to DOM 86060.6, Confidential Information Section of the Parole Field File).

21050.4.5 Reclassification of Reimbursable Expenses Reimbursement receipts should have a direct relationship to the cost of the particular services performed. Reimbursable expenditures and reimbursement receipts should be recorded in SAP using IO numbers. Reimbursable services not directly recorded to IO numbers, such as salaries and wages, require expenditure reclassifications to align the reimbursement receipts to the reimbursable expenditures at the program, element, and component level. Refer to: SAM § 6463. 21050.5