Department Operations Manual

54010.22.4 Unapproved Correspondence If an institution/parole office receives mail from an unapproved inmate/parolee correspondent, staff shall mark the envelope with “ Not an Approved Correspondent ” or equivalent language and return it to the sender. 54010.23

54030.14 Release Clothing Inmates scheduled for parole or awaiting discharge may be sent a release- clothing package via USPS or common carrier no earlier than 30 days prior to their scheduled parole or discharge date. Inmate release-clothing packages, limited to one set of clothing, shall be retained in a secure location by departmental staff. 54030.15

54100.18 Appeal Processing Responsibilities Involving Two Departmental Institutions/Regions When an inmate/parolee files an appeal at one institution or parole region, and is then transferred prior to the appeal response being completed, the sending institution/parole region shall continue to complete the response. The receiving institution/parole region shall provide assistance as needed by the sending institution/parole region, including but not limited to coordinating and/or interviewing the appellant, to facilitate the timely completion of the appeal response. • When an inmate/parolee has been transferred and files an appeal at the receiving institution or parole region of an action taken by the sending institution/parole region, the receiving institution or parole region shall date stamp the appeal and forward it to the sending institution/parole region for processing. • When an inmate has been transferred and files an appeal concerning property loss or damage, the provisions of DOM §54100.23.2 shall apply. • When an inmate has been transferred and is appealing a disciplinary action, the first level and, if applicable second level review, shall be conducted by the staff of the institution where the infraction took place. Interview(s) may be waived upon appeals coordinator determination that obtaining additional information will not affect the outcome of the appeal. Interviews may be conducted by telephone pursuant to procedures set forth in DOM §54100.14. Appeals on actions taken at contract facilities shall be handled by the institution or parole region responsible for the management of the facility, regardless of an emergency placement in an institution for security purposes. Time limits on appeals forwarded to sending institutions/parole regions for response shall not commence until received by the responding institution/parole region. 54100.19

54100.23 Lost or Damaged Property When an inmate or parolee believes that the State is responsible for the loss of or damage to his or her personal property, he or she shall first attempt to resolve the matter with either the departmental employee on duty at the time and place that the damage or loss was first realized or identified or alternatively, the employee best able to address the alleged loss or damage. • To facilitate resolution, copies of any relevant documentation concerning the lost or damaged property should be presented. • In the event of an apparent loss or damage during transfer, the complainant shall first contact staff at the receiving institution to establish whether the property did or did not arrive, and in what condition. • If this attempt at resolution of the problem is unsuccessful, the inmate/parolee may file an appeal on CDCR Form 602-1. 54100.23.1

61010.16 Endorsement of Cases Paroled from RCs All inmates who are delivered to a reception center to serve a term in the CDCR shall receive an endorsement from a CSR or other staff member specifically authorized to act in that capacity. This requirement is not waived for inmates who parole from RCs. This endorsement is required by departmental data systems and shall be obtained for every inmate received by the CDCR. This does not apply to “ paper commitments ” (inmates who are committed to the CDCR but are not delivered to the RC). The CSR shall enter the date of endorsement and enter the institution abbreviation followed by the letters “ RC ” ; e.g. “ NKSP-RC ” with an irregular placement reason of “PRE.” The endorsement may be completed by an RC CCIII in the absence of a CSR. 61010.17

62030.23 Inflammatory/Threatening Inmate Remarks – Pending Parole When an inmate makes written or verbal statements of a threatening nature and the inmate is not considered mentally disturbed following an evaluation by clinical staff (psychiatrist/psychologist), the following procedures shall be initiated: • Institution staff shall document all inflammatory/threatening comments on CDC Form 128-B if, in their opinion, there appears to be any substance to the inmate ’ s threats. • A copy of all documentation pertaining to the remarks shall be forwarded to the C&PR who will evaluate the material and determine if further clinical assessment will be necessary prior to the inmate ’ s release date. If a clinical evaluation is requested prior to parole, the results shall be documented on CDC Form 128-C, Medical Chrono. • The clinical assessment shall be returned to the C&PR who shall notify the RPA and forward copies of all applicable documents to the RPA for appropriate action. 62030.24

62090.1 Policy PC 3040 provides that the Board of Parole Hearings (BPH) shall have the power to allow prisoners imprisoned in the state prisons, to go upon parole, outside the prison walls and enclosures, pursuant to PC 1168(b). 62090.2

62090.6.4 Board of Parole Hearings Scheduled attendees, observers, and victims and victims' next of kin may attend individual case hearings if prior permission has been obtained from any person assigned to the subject hearing panel, the chairman, or the executive officer, BPH. Visitors and observers may not participate in the hearing except as permitted by law. BPH Notification to Facility BPH staff shall advise the Classification and Parole Representative (C&PR) of the institution to be visited of any BPH authorized attendees for any specific date. The C&PR shall provide a written notice to the visitor entrance gate of any anticipated victims, next of kin, victim representatives, and authorized visitors to the BPH hearings. 62090.6.4.1

62090.6.4.2 Victim Service Representative Each Warden of an institution where BPH parole eligibility hearings are held will ensure that the institution’s C&PR is specifically assigned as the Victim Service Representative (VSR). The VSR shall be responsible for ensuring the duties and functions described below are completed by designated staff. The Assistant C&PR shall be assigned as the back-up VSR to ensure sufficient continuity of services. Procedures established within DOM Sections 62090.6.4.1 through 62090.6.4.7 shall pertain only to Victims, a Victims Next of Kin, or a Victim Representative, for the purpose of attendance at Lifer Parole Eligibility Hearings only. The Warden shall ensure there is an operational procedure for the VSR position. The VSR or designee shall be responsible for the following: • Making contact with attendees and answering any questions they may have. • Explaining the BPH process, security screening procedures, required identification documents, and ensuring they received a copy of the BPH Hearing Handbook. • Provide information to the attendee regarding appropriate attire to be worn into the facility. Appropriate attire shall conform to Title 15, CCR Section 3174 (a)(2) and (b)(1)(2)(3)(4). • Asking attendees if they have any special needs such as medications, assistive devices or special foods or juice they will need to keep with them in the institution. • Suggesting that attendees with medical implants containing metal bring available medical documentation/certification from a clinician identifying the location and type of any medical implant in order to expedite the screening process. • Providing attendees with directions to the institution if necessary. • Informing attendees that the VSR or designee will be awaiting their arrival. • Ensuring all necessary paperwork to process the attendees into the institution has been completed and received. • Asking attendees if they have documents or information they will be bringing to the hearing. • Escort attendees to a waiting room near the BPH hearing area that is separate and apart from the inmate, his or her attorney, and any other attendees whose presence may be upsetting to the victim, next of kin, or their representatives. • Ensuring the waiting room is supplied with at least tissue, water, note pads, and ink pens or pencils. • Be present at the gate at least 10 minutes prior to the arrival time of the attendees in order to greet them and to assist with processing them into the institution. • Ensuring the hearing room has appropriate accommodations. • Remain with the attendees until the hearing begins and throughout the hearing. Attendees may, if desired, be escorted to a private area after the hearing and be given an opportunity to express their views about the hearing. • Escorts attendees back to the entrance building after the hearing and processes them out of the facility. 62090.6.4.3

62090.13.2 Psychiatric Report Format Indicate in the first paragraph if this is the first, second, etc., report to the Board on this inmate, or if it is an addendum (less than nine months since the last evaluation). Indicate in the second paragraph the frequency of contact with the inmate, such as if they are under treatment and how long, or if it is a single contact for this report only. For the first report only, note any pertinent previous psychiatric history with a short digest of essential conclusions and treatment. Briefly summarize the inmate's current development and progress, avoiding repetition of information available elsewhere in the inmate's C-File or in previous evaluations. Briefly delineate, in the third paragraph, the present psychopathology supporting the diagnosis and prognosis which follow. Any previously reported psychiatric conclusion(s) shall be re-evaluated. Causative factors, self-understanding, attitudes, motivation for change, emotional stability, social identification, sincerity, and rehabilitation shall be commented on. A neurophysiological appraisal must be included if organicity is present. If drugs are being used for treatment, include the observed impact on the inmate's current condition. The fourth paragraph shall indicate the psychiatric diagnosis(es) using standard nomenclature followed by lay term explanation, as necessary. Psychiatric Conclusions The fifth paragraph shall include the evaluator's best estimate of the inmate, based on psychiatric reasoning (not legal or administrative) in the following manner: • Be sure to note the reasons wherever possible. • Note the relationship of the diagnosed psychopathology to the criminal behavior. General Conclusions During observation in the institution, the inmate has: • Psychiatrically improved slightly, moderately, or greatly. • Psychiatrically deteriorated slightly, moderately, or greatly. • Psychiatrically has shown no significant change. No conclusions can be drawn because of insufficient time and observation by the reporter. In a less controlled setting, such as return to the community, the inmate is: • Considered likely to continue improvement. • Considered likely to hold present gains. • Considered in all probability to deteriorate because of (list reasons). In all cases of pedophilia and some other cases of unusually specific or direct relationship between psychopathology and crime, add the following: • Considered mentally (un)able to refrain from repetition of their offensive behavior. Suggested Actions (Include only if applicable.) From a psychiatric standpoint, the inmate should: • Be continued in present rehabilitation program as continued benefit is likely. Note the recommended specific treatment prescription. • Be removed from special calendar because psychopathology is not significantly related to future criminal behavior and psychiatric opinion will not contribute to release decision. When two or more favorable psychiatric reports with similar conclusions for release have been written, in the case of more difficult judgments, these reports must have been written by more than one examiner or reviewed by a psychiatric council. When there have been repeated unfavorable psychiatric reports describing a stable mental condition which cannot be expected to change, the conditions under which parole would be possible or become possible must be spelled out. For example, in some cases, parole might be possible only to a supervised domicile program including psychiatric care. In recommending removal from psychiatric calendar because of repeated unfavorable reports, it must be recognized that release is prohibited and therefore, those changes that would make release possible should be indicated so that the Board will request re- evaluation when such changes do occur. When the inmate should be considered for transfer to DMH under PC 2684 or DMH inpatient/day treatment at CMF, and it is anticipated that such treatment may result in the inmate being able to return to society; DMH, (if it accepts the transfer) will retain such inmates only as long as it is of benefit to the inmate. Parole and Release If the inmate is to be paroled or released, consideration should be given to the following: • Violence potential outside a controlled setting in the past is considered to have been less than average, average, or greater than average and at present, is estimated to be decreased, increased, or the same. In this context, violence potential is equated with inflicting physical harm on others or great emotional harm, as by creating fear. Average violence potential is interpreted to mean the violence potential possessed by the average inmate. • Conditions of parole should include inpatient treatment, outpatient clinic, halfway house, no alcohol or other special attention/supervision needs as indicated. • If outpatient clinic is recommended, indicate if: • Mandatory for parole from institution. • Necessary as soon as possible after parole. • Merely desirable if available. Inmates convicted of PC 273A, Willful Cruelty Toward Child/Endangering Life, Limb or Health and PC 273D, Inflicting Corporal Punishment Upon Child Resulting in Traumatic Injury, shall have a psychiatric evaluation to determine the extent of counseling which may be mandated as a condition of parole per PC 3002. Applicable cases shall be referred for an evaluation in sufficient time to enable the report to be completed and included with the Release Program Study (CDC Form 611), which is referred to the Division of Adult Parole Operations. Drug therapy should be continued while the inmate is on parole. They should receive (name drug), in a dosage (amount), (number) times a day. Recommendations to the classification committee (prior to release): • Indicate what the Post Board Classification Committee should do with the inmate if the inmate is denied parole. • If a parole date is set, indicate any recommendation(s) pertinent to the period remaining in the institution before parole such as: • A further psychiatric evaluation should be completed just prior to release. • Indicate the reasoning for all recommendations. 62090.14

72020.5.4.1 Procedures for Processing Commitments DSL Upon receiving a judgment under the provision of PC 1170(a)(2), LPU shall process the case as follows: To conform with DSL commitments: • Term(s) shall be calculated and a CDC Form 188 prepared. • If the preprison credit exceeds the DSL term including period of parole, the CCRM shall notify the sentencing court that the person has completed the prison term and period of parole and should be released from custody. • If the preprison credit exceeds the DSL term, but not the period of parole, the case shall be presented to the BPTH for consideration of waiver of parole. The court shall be advised of the BPTH decision. If parole is not waived, the court shall be advised to order the individual to the appropriate parole office for parole supervision. • If the preprison credit does not exceed the DSL term, the CCRM shall notify the court. The notification shall include information reflecting the computation and the amount of time remaining to be served. ISL To conform with ISL commitments: • Term(s) shall be recalculated pursuant to PC 1170.2(a) using a CDC Form 678, Cumulative Case Summary Confinement Computation, and the case screened for possible extended term hearing. • The CDC Form 678, Probation Officer Report (PRO), Information, and related documents shall be presented to the BPH for review and disposition. • If the person is not scheduled for an extended term hearing and is overdue for release on the date calculated under PC 1170.2(a), the CCRM shall notify the sentencing court that the prison term is completed and the person should be released from custody. If the preprison credit does not satisfy the period of parole, the court shall be advised to order the person to report to the appropriate parole office for parole supervision. • If the person is not overdue for release or if the person is scheduled for an extended term hearing, the CCRM shall notify the court that the person must be delivered to the Department. The notification to the court shall include a copy of the CDC Form 678 or BPH Form 1091, Screening Form, and include the amount of time remaining to be served unless the person is scheduled for an extended term hearing. Person Not Delivered Those cases that require a person not be delivered shall be processed as follows: • Assign CDC number. • Route to OBIS for input of commitment information. • Prepare departmental records. • If discharged, microfiche and forward all documents to the Archives • Unit. • If paroled, forward all documents to the appropriate parole region • CCRM. Note : CDC numbers and departmental records shall not be issued and/or prepared until it has been determined that the pre-prison credit exceeds the term and the person will be discharged or placed under parole supervision. 72020.5.5

72040.5.7 Detainer Review Prior to Parole/Release to Community Correctional Center Prior to parole or transfer to a community correctional center, the HWD coordinator shall query the HWD file within 24 hours of actual movement. If a detainer arrives on the same day or subsequent to the approval of the move: • The HWD coordinator shall immediately notify the C&PR and the Assistant RPA for review of the move. • The C&PR or Assistant RPA shall notify the HWD coordinator of their decision from the review. 72040.5.8

72050.5 Interstate Transportation Cases Parolees At the time transportation is arranged on a parolee, Interstate Unit will contact the regional case records staff requesting that, no later than the next working day, a telecopy of the following documents be sent to the designated reception center: • Cumulative Case Summary. • Photo. • Fingerprint. A cover memo boldly marked "Interstate Transportation Case" shall accompany the packet and a copy of the memo shall be telecopied to the attention of the Interstate Transportation Unit. Inmate Upon notification that an inmate/escapee is to be delivered to a designated reception center, a packet will be compiled by the jurisdiction holding the C-file. The packet shall be boldly marked "Interstate Transportation Case" and shall contain in addition to the above named documents the commitment orders. The packet will be sent by courier to the designated reception center. 72050.6

72070.6.4.3.1 Procedures For Reissuing Cancelled Warrants Parole Agent Submits a copy of the original CDC Form 1524, the BPT Form 1135, Miscellaneous Decision, and completed CDC Form 600, to regional records upon determining that a warrant has been incorrectly cancelled. Records Staff Forwards PAL package to BPT central office. BPT Staff Reissues warrant, FAX signed copies of the BPT Form 1135 and CDC Form 600 to ID/Warrants Unit and forwards a copy of the BPT Form 1135 to the parole unit. Regional Records Staff Posts BPT action to CDC Form 112. ID/Warrants Unit Staff Reenters want into CLETS and OBIS. 72070.6.4.4

72070.6.4.5 Parolee-at-Large Reinstated If a PAL is arrested or located in California and there are no violations of the type reserved for decision by the BPT, the RPA may order reinstatement on parole. 72070.6.4.6

72070.7 Releasee-At-Large Want Upon receiving a request from the supervising Parole Agent for a releasee-at- large (RAL) want, the region CCRM shall complete the CDC Form 600, then forward it, along with the NAEA action to suspend outpatient status, to the ID/Warrants Unit. The date of the warrant section shall reflect the date the action was taken by the NAEA. The "miscellaneous field" of the CDC Form 600 shall indicate "civil addict commitment." The criminal charges that were suspended shall also be included for entry into the WPS. RAL wants are code one only. Incomplete forms shall not be processed but returned to the originator for completion. The ID/Warrants Unit shall enter the want into the WPS. The Parole Agent shall contact the region case records office during normal business hours to place a W&I3151 hold on a RAL in custody and instruct them to request cancellation of the want. After normal business hours, the agent shall contact the ID/Warrants Unit to request that a hold be placed and the want cancelled. Upon notification that the RAL has been apprehended and is in custody, the region CCRM shall FAX the ID/Warrants Unit requesting the removal of the want upon reinstatement action of the NAEA. 72070.8

74030.23 Life Without Possibility of Parole All inmate's serving sentences of life without possibility of parole (LWO) shall be scheduled for BPT "review" 30 years after reception by the Department and every fifth year thereafter (BPT 2817). 74030.24

74040.11 Parole Hearing for Inmates Serving Life Terms All inmates serving sentences of life without possibility of parole shall be scheduled for BPH review 30 years after reception by the Department and every fifth year thereafter (BPH 2817). 74040.12

74060.3 Release Defined Revised June 16, 1995 Release on parole is the legal and physical transfer of an inmate from confinement in an institution to the supervision of a Parole Agent of the P&CSD. Discharge is the termination of custody of any person committed to the Department accomplished either by expiration of the maximum sentence prescribed by law, official BPT/Narcotics Addict Evaluation Authority (BPT/NAEA) action or court order. 74060.4

74070.23.1 Mental Health Inmates paroled to DMH are entitled to release funds. Those inmates transferred to and subsequently paroled from DMH shall be provided release funds from the "hub" institution. • CMF is the hub institution for northern state hospitals. • CMC is the hub institution for southern state hospitals. • CIW is the hub institution for all female inmates in mental hospitals. 74070.23.2