Department Operations Manual

75010.15.1 Deaths Upon the death of a releasee/parolee a copy of the following shall be obtained and placed in the C-file: • Death certificate. • Closing case summary. • In some cases an autopsy report or certification by the Parole Agent that the death certificate was reviewed. The CCRM shall post the CDC Form 112 as to the date and the notation "deceased". This officially closes actions on the CDC Form 112 and the file shall be closed. The procedures in DOM 71020.5.4 through 71020.5.8 shall be followed. Files shall be microfiched; however, those involved in litigation shall be retained in the regional records office until litigation is completed. Case records staff shall make the entry into OBIS. 75010.15.2

76010.31 Oral Orders Obtained The parole unit office shall notify the regional case records office immediately following receipt of an oral order and shall also advise them of the releasee's/parolee's decision regarding a "Bye" hearing. 76010.31.1

76020.5.6 Release The assigned CYA Parole Agent shall handle the release of CYA wards. At the time of release, case records staff shall forward prerelease/field file to the appropriate CYA parole unit and the C-file to the designated regional case records office. 76020.6

81010.4.2 Imminent Release Policy (a) PC 3003 requires all cases be referred to the parole region of the offender’s CLLR for reentry screening. Every effort shall be made to initiate and/or process the RPS immediately for imminent release inmates. However, in no instance shall staff delay the processing of an imminent release case for more than five business days. Whenever possible, the RPS shall be returned to CTP and DAI no more than five business days following receipt by the assigned parole unit, and/or no less than five business days prior to the scheduled release date. 81010.4.3

81010.6.1 Ordering and Issuing Release Funds Procedures (a) Parole Agent (1) For offenders being released to the supervision of DAPO, specify the amount of money to be given to the offender at release and the amount to be forwarded to the parole unit on the RPS. (2) (Within 30 Days After Release) (A) Provides the balance of funds not given to the offender at the time of release, to the offender, if applicable. (B) Returns all undelivered funds more than 30 days old from the date of issue, receipt, or release; whichever comes later to CDCR Inmate Accounting. 81010.6.2

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

81010.16 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

81010.18 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

81020.7.5.1 Category D - Case Supervision Requirements - Each Calendar Month Parolees supervised in category D, shall have the following requirements completed each calendar month: • Collateral contact with appropriate agencies to track status, release dates and other changes. For court cases, collateral contacts must note the next court date or release date. Additional collateral contacts may be required if the next court date occurs within the same calendar month. • Document findings on the electronic Record of Supervision. • Provide an updated status of the parolee’s court case to appropriate entities. 81020.7.6

81020.10.2 Definition of Comprehensive Interview Comprehensive Interview – The comprehensive interview is an intensive face-to-face interview with the parolee utilizing motivational interviewing techniques to obtain in-depth knowledge of the parolee. During the comprehensive interview, the agent of record shall: • Establish a positive rapport with the parolee. • Inform the parolee of available assistance and services. • Engage in a discussion with the parolee about their criminogenic needs. • Reaffirm the parolee’s responsibilities while under parole supervision. The agent of record shall conduct the comprehensive interview with the parolee within 15 working days of the parolee’s release and is only required for parolees: • After their initial release. • Released after serving more than 60 days in custody. • Reinstated on parole after being PAL for longer than 30 days. The comprehensive interview is not required for parolees being released who are not placed into the category TP after serving less than 60 days in custody, or who are reinstated after less than 30 days in PAL status. Upon completion of the CDCR Form 1650-B, the officer of the day, agent of record, or support staff shall ensure that the original form is placed into the parolee’s field file. 81020.10.3

81021 Urinalysis Testing Program Policy Revised August 8, 2023 (a) The purpose of urinalysis testing (previously referred to as anti-narcotic testing) is to detect the presence of prohibited substances used by parolees, to respond to positive tests with case appropriate sanctions. When addressing a presumptive positive urinalysis test with a parolee, the parolee’s primary method of communication, shall be used to provide reasonable accommodations and modifications, as identified in DECS, SOMS, ERMS, and any relevant source documents (e.g., CDCR 128-B, CDCR 128C-2, DDP- Adaptive Support form, CDCR 1845, Disability Placement program Verification, CDCR 7410, Comprehensive Accommodation, CDCR 128-B, TABE or GPL, Learning Disability, or CDCR 128-3, Medical Classification Chrono). (b) Parolees with a narcotics-related conviction within five years of incarceration for their current offense, or who have a history of drug or alcohol abuse, may have a SCOP imposed requiring urinalysis testing at the direction of a parole agent. Special conditions of parole to participate in urinalysis testing shall be selected, and appear on the Notice of Conditions of Parole and SCOP in SOMS, and forwarded in SOMS to the unit supervisor for approval. The frequency in which urinalysis testing is administered shall be determined by supervision specifications, or any imposed SCOP set by the unit supervisor or the court. The urinalysis test is conducted by obtaining an unscheduled (less than 72 hours’ notice) urine sample from the parolee. The parole agent m ay order the parolee to provide a urinalysis sample at any time when there is reasonable suspicion that the parolee has used or is under the influence of a prohibited substance. All confirmed positive urinalysis test results shall be addressed according to current DAPO policy and procedures for technical parole violations. (c) A urinalysis test shall be collected prior to signing a CDCR Form 1527, Voluntary Statement of Admission. (1) The CDCR Form 1527 shall not be used in lieu of urinalysis testing. (2) The CDCR Form 1527 shall not be used when petitioning the court for revocation. (3) The CDCR Form 1527 shall only be used in conjunction with a presumptive positive urinalysis test, and for remedial sanction referrals to substance use disorder treatment or other programs. (d) A parolee who fails to submit to urinalysis testing when instructed shall be held accountable, and the violation shall be addressed according to CCR, Title 15, Article 19, section 3764. 81021.1

81021.2 Alcohol and Marijuana Testing Policy Special conditions prohibiting parolees from possession and/or use of alcohol or marijuana shall only be imposed if there is a nexus or it is reasonably related to the parolee’s commitment offense, criminal conduct, and/or future criminality. 81021.3

81032.2 Restraint Equipment Procedures Parole Agent Whenever possible, handcuffs person behind the back whenever there is an arrest. Removes handcuffs only when arrestee is safely in a detention facility, or at the direction of licensed health care clinicians if the arrestee is taken to a hospital prior to booking in a detention facility. Searches person being arrested for weapons or contraband. When a restraint device is required, handcuffs, alone or attached to a waist chain, will be the means of restraint normally used. When a restraint device is applied on a subject, the parole agent must ensure there is constant control and observation of the subject until the restraint device has been removed. Placement of a person on his or her stomach for the time necessary to restrain the person is authorized but shall not be for any period longer than necessary to gain or maintain control. Restraint devices may be used under the following circumstances: • When effecting an arrest of a person. • When transporting a person between locations. • When a person’s history, present behavior, apparent emotional state, or other conditions present a reasonable likelihood that he or she may become violent, cause injury to self or others, or attempt to escape. • When directed by licensed health care clinicians to prevent a person from attempting suicide or inflicting injury to self. • To prevent the destruction or concealing of evidence. • For agent safety. Restraint devices shall not be: • Used as punishment. • Placed around a person’s neck. • Applied in a way likely to cause undue physical discomfort or restrict blood flow or breathing, e.g., hog-tying. • Used to secure a person to a fixed object except, as a temporary emergency measure. A person who is being transported shall not be locked in any manner to any part of the transporting vehicle. • Placed on a person during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, unless circumstances exist that require the immediate application of a restraint device to avoid the imminent threat of death, escape, serious or great bodily injury, and only for the period during which such threat(s) exist. 81032.3

81033.1 Office of Correctional Safety Interest in Custody Case Procedures Parole Agent Contacts appropriate OCS agent before removing hold. Unit Supervisor and Office of Correctional Safety Supervisor Resolves any difference of opinion regarding continuation of hold. Parole Agent (Day Hold is Dropped) Notifies appropriate OCS agent of revocation term if hold must be removed. 81033.2

81034.4 Unclothed Body Searches A parole agent shall not conduct an unclothed body search of a parolee of the opposite sex except under emergency conditions where life or death consequences are present if the search is not conducted. In addition, whenever possible, unclothed body searches shall be conducted outside the view of others. 81034.5

81060.7 Compact Offenders Conditions of Parole (a) Compact Offenders are subject to supervision conditions of both the receiving and sending state. When the offender signs the “Offender’s Application For Interstate Transfer” ICAOS form and the case is accepted, it is understood that the Compact Offender must obey the rules of the receiving state as well as the rules of the sending state. At the time of acceptance or during the term of supervision, the compact administrator or supervising authority in the receiving state may impose a special condition on a Compact Offender if that special condition would have been imposed on the offender if sentence had been imposed in the receiving state. (b) In accordance with ICAOS Rule 4.109-1, Compact Offenders who violate the supervision conditions of either state, or who are a danger to others, themselves, or to property of others, may be placed in custody under a California Interstate Parole Hold (PC 3056 and 11177.1). 81060.7.1

81060.8.3 Compact Offenders Move to Third State Without Permission Procedures Parole Agent A Compact Offender under DAPO supervision who moves to a subsequent state without permission from the sending state shall be considered at large and the parole agent shall proceed according to 81060.8.4. 81060.8.4

81070.1 Policy Cash assistance funds are loans to parolees or dischargees intended to be used when other funds or resources are not available. Cash assistance loans are not part of the bank draft system. A determination of how much money is needed is a matter of judgment, and circumstances will generally differ from case to case. Care shall be taken in deciding whether to make a loan. Repayment of loans is expected when the person's employment and personal circumstances permit. It is the agent's responsibility to periodically review cash assistance records and request parolee to make repayment where possible. A clerical staff (not the fund custodian) shall be designated as the cash assistance clerk. 81070.1.1

81070.12 Warning Potential Victim of Threat by Parolee Policy The POC psychotherapist shall immediately contact and warn a potential victim if a parolee indicates an intent to commit bodily harm to an identifiable individual. 81070.12.1

81080.2 Cancellation of Discharge Policy Any parole violation requiring a mandatory report to the BPH, which was committed by a parolee either previously recommended for discharge or ordered discharged shall immediately be reported to the unit supervisor. An Emergency Action Report shall be immediately submitted to the BPH. Other violations shall also be reported to the unit supervisor for review and decision. An order to discharge may be cancelled by BPH action at any time prior to 12:00 Midnight on date scheduled for discharge. 81080.2.1