Department Operations Manual

61030.9 Reception Center Readmission Summary/CDC Form 816 (Readmission Summary) Parole violators RTC and with new terms (WNT) shall be processed using the Readmission Summary that is similar in format to the Cumulative Case Summary. 61030.10

62030.4 PC 2684 Referrals Criteria The inmate/parolee shall have 90 days or more to serve from the date of actual admission to a state hospital. Exceptions to the above may be arranged on a case-by-case basis. Referrals shall be accepted for inmates in the following diagnostic categories only: • A diagnosed severe psychosis or severe effective disorder, acute or chronic, requiring intensive treatment in a psychiatric hospital. • A long-standing psychosis or effective disorder, with a history of repeated psychiatric hospitalizations prior to their current commitment to the Department, requiring long-term sub-acute treatment in a psychiatric hospital in order to facilitate their rehabilitation and eventual placement in a community treatment program. • Requires specialized diagnosis and treatment which is available in a DMH facility but is not available in the Department. • Request for intensive psychological/diagnostic evaluation. Exceptions to the above criteria shall be evaluated on a case-by-case basis if there is a compelling reason for referral. 62030.4.1

62050.7 Inmates Serving Life Terms Murder 1st, Life W/O Possibility of Parole (LWO) Cases Inmates serving an LWO sentence shall be housed in a Level IV institution. Any exceptions to this placement shall be by DRB action. Institutions with other than a Level IV designation housing LWO inmates shall review these cases annually to determine if case factors continue to support their current placement. 62050.7.1 25-to-Life and Long-Term Determinate Cases Inmates serving a 25-to-life or long-term determinate sentence may be placed in a Level III institution unless any of the following factors are present: • High notoriety or special interest cases involving extreme violence or extensive sexual assault. A special interest case is defined as one which received extensive media coverage, beyond the locale of the offense or trial. • A history of multiple walkaways or an escape or attempted escape with force or the threat of force from an armed perimeter. • A history of serious behavioral problems during the current term or prior term. • A commitment offense which involves multiple murders, a 25-to-life sentence with enhancements which exceed three years or a maximum Determinate Sentencing Law term for more than 39 years, unless three years with good behavior have been served. • Any outstanding felony holds/detainers, unless three years with good conduct have been served on the term. 62050.7.2 7 or 15-to-Life and Long-Term Cases New arrivals serving a sentence of seven to life or 15 to life are endorsed by a CSR at the reception center for appropriate level placement. Medical/Psychiatric Inmates requiring medical or psychiatric treatment who are completing a life term, shall be placed at an institution specifically staffed for this treatment. 62050.7.3

62070.6.4 Screening Responsibilities Parole Agent/Caseworker The screening and review requirements and responsibilities outlined in DOM 62070.5.1 shall apply for prerelease planning leaves. The verification processes for prerelease planning leaves shall only differ from an emergency leave by who shall be contacted to verify the leave plan of the inmate. 62070.6.5

62090.5.1.4 Progress Hearing A Progress Hearing is held for life prisoners with parole dates to consider their institutional adjustment since the previous hearing. This hearing is conducted by a panel of three, at least two of which are BPH Commissioners. The purpose is to grant post-conviction credit. A Post-conviction Progress Report covering factors since the last Board appearance shall be prepared. Psychiatric evaluations are not prepared for Progress Hearings unless requested by the BPH. 62090.5.1.5

62090.11 Life Prisoners Two-Part Format For all Life Parole Consideration hearings, a two-part format shall be used. 62090.11.1

71010.11.1 Inmate Access to Files Inmates, parolees, residents, or releasees shall not be assigned to handle or transport C-Files, except under direct supervision and escort. Files are to be contained in a secure container, and control procedures shall guarantee the safe transportation of files. Inmates/residents shall not be assigned in case records offices or in any area where there is ready access to case files or material except that when they are under constant and direct supervision. Appropriately classified and assigned inmates may be permitted in case records offices to perform such duties as building maintenance or janitorial services. 71010.11.2

72010.13.3 Parole & Community Services Division Forms: Purge/Retention P&CSD Forms: P&CSD Form 101, Form Letter Obsolete, purge. P&CSD Form 102, Corrected Discharge Date/Notification of Death Obsolete, purge. P&CSD Form 103, Form Letter Retain in hard copy; purge at discharge. P&CSD Form 104, Form Letter Obsolete, purge. P&CSD Form 105, Affidavit Obsolete, purge. P&CSD Form 106, Memo − Transmittal Obsolete, purge. P&CSD Form 107, Weekly Discharge List Retain in hard copy; purge at discharge. P&CSD Form 180, P&CSD Route Slip Do not file in C-File. P&CSD Forms 181 and 181-B, Costs of Detention Do not file in C-File. P&CSD Form 182, Cooperative Case Referral Obsolete, purge. P&CSD Form 183, Prescription Obsolete, purge. P&CSD Form 184, POC − Monthly Activities Report Do not file in C-File. P&CSD Form 185, Records Card Obsolete, purge. 72010.13.4

72070.5 Escape Procedures Facility/parole staff shall follow these procedures when an inmate escapes, or fails to return from a temporary community leave, or is released prior to his/her scheduled release date and should be returned to custody. 72070.5.1

73010.6.1 Identifying Data Revised February 16, 2008 Identifying data on the CDC Form 188 shall include, but not be limited to, the following: Department Identification Number • Show the assigned departmental identification number (CDCR Number). Name • Commitment Name. • The commitment name shall be recorded as reflected on the original Abstract of Judgment/Minute Order by which the inmate was delivered to the custody of the Department. • If the Abstract contains two or more names, the first name shown shall be used as the commitment name. If one of the names is documented as the true name, the true name shall be shown as the commitment name. • Names on subsequent commitment documents which differ from the original commitment name shall be recorded as Also Committed As (ACA), e.g., Jones, George; ACA: Jones, John. • If the individual is received with multiple cases, use the name on the case sentenced the earliest. • If the individual is received with cases from multiple counties, use the name on the Abstract prepared by the county which delivered the individual. Name Change Procedures Subject to Section 1279.5 of the California Code of Civil Procedure, no person under the jurisdiction of the California Department of Corrections and Rehabilitation shall be allowed to file a petition to change his or her name except as permitted by the Department. Delegation of the Secretary’s authority to permit an inmate or parolee to file a petition for a change of name has been granted to the Associate Directors (AD) of the DAI and to the Deputy Director of the DAPO. The following procedures shall be followed: • Each inmate or parolee request for a legal name change shall initially be reviewed and approved or denied by either the responsible Warden or RPA. • If circumstances do not exist to grant approval, the Warden or RPA shall respond to the inmate or parolee in writing stating the reasons for the denial. A copy of the response shall be placed in the inmate’s/parolee’s central file. • If the Warden or RPA determines the request should be granted, the request shall be forwarded to the appropriate AD or to the Deputy Director, DAPO, along with a cover memo stating the reasons for granting the request. A copy of the memo shall be placed in the miscellaneous section of the inmate’s/parolee’s central file. • If approved, the AD, DAI, or the Deputy Director, DAPO, shall forward a letter to the court accompanying the inmate’s or parolee’s request explaining why the Department is recommending approval for the legal name change. A copy of this letter shall be placed in the miscellaneous section of the inmate’s or parolee’s central file. • If the AD, DAI, or Deputy Director, DAPO, does not approve the request, a letter will be forwarded to the inmate or parolee stating the reasons for the denial, a copy of which will be placed in the miscellaneous section of the central file. • When a court ordered name change is received as a result of a department approval, the Correctional Case Records Manager shall notify the facility mailroom and visiting room of the change if the person is an inmate, or the agent of record if a parolee. The court order shall be filed along with the other documents regarding the request for name change in the person’s central file. • The mailroom and visiting room staff of the facility shall update their records to reflect the additional name of the inmate. • The original commitment name of the inmate or parolee shall remain on all departmental records and shall continue to be used on all Department records. • The new legal name shall be recorded in the OBIS as an “Also Committed As…” • The inmate shall be notified to inform all persons who may visit or write him/her that they must use the inmate’s departmental identification number when using the inmate’s new name. • If an institution or parole office receives a court ordered legal name change that had not been recommended for approval by the Department, but the order was not the result of a successful court challenge against a previous departmental disapproval of the name change, the appropriate Warden or RPA shall forward the order to the Department Secretary or his or her designee for appropriate action pursuant to Section 1279.5 of the Code of Civil Procedure. If an institution or parole office receives a court ordered name change as the result of a successful court challenge against a previous departmental disapproval of the name change, the Warden or RPA shall process the name change in accordance with this section. Ethnicity • Ethnic Group: American Indian, Black, Cambodian, Chinese, Columbian, Cuban, Filipino, Guamanian, Guatemalan, Hawaiian, Indian (from India), Jamaican, Japanese, Korean, Laotian, Mexican, Nicaraguan, Puerto Rican, Salvadorian, Samoan, Thai, Vietnamese, and White (includes Hindu, Portuguese, Spanish, and West Indian). 73010.6.2

73030.8.4 Ceasing of Time Time ceases to run as of the date of escape or parole suspension. The date of the event is excluded in its entirety. Time ceases to run when a person is released on bail or appeal bond pursuant to PC 1272 or 1506 or any other provision of law permitting legal release and shall not be credited as service on the prison term. [PC 2900 (c)(1).]

73030.16.1 PVRTC Work time Credits Except for parolees specifically excluded in DOM 73030.16.3, any period of revocation time imposed by the BPT may be reduced by work time credits earned in accordance with the CCR 3044(b). Work time credits for PVRTCs shall only be earned for time served on or after 9-30-1987. 73030.16.2

74030.6 Community Decisions Individual case decisions regarding revocation of parole shall be made by the BPT at hearings normally conducted in the community near where the alleged violation occurred. 74030.7

74030.25.2 Waiver of Revocation Hearing Parolees, except those scheduled for psychiatric attention and return, are permitted to waive the Revocation Hearing. 74030.25.3

74040.1 Policy Department records shall be made available to the Board of Parole Hearings (BPH) at such times and in such form as the BPH may prescribe. 74040.2

74040.6.2 Hearing Guidelines The BPH shall use the parole consideration guidelines in the PBR 2200 through 2360 (CCR (15) (2) Reg 76, No. 21, 5/22/76). 74040.6.3

74040.8 Postponement or Rescission of Release The parole date of an ISL inmate or of a life or nonlife PC 1168 inmate may be postponed or rescinded for good cause at a rescission hearing. The BPH shall determine whether to initiate rescission proceedings.

74070.22.3 CYA Ward Requirement Pursuant to PC 290, any juvenile paroled or discharged after January 1, 1986, who was made a ward of juvenile court and committed to the CYA for a specific sex offense is required to register. A juvenile's duty to register for offenses adjudicated by a juvenile court shall terminate upon reaching age 25. 74070.22.4

75010.11 Emergency Actions The parole unit may request various "emergency" actions from the BPT through the case records office. The unit supervisor shall contact records by telephone and dictate a brief, concise report and the requested BPT action. Case records staff shall type the report on a BPT Form 1135 and Omnifax it to the BPT for action. Requests, other than PAL, may be acted on at the region if a BPT Deputy Commissioner is present. Otherwise, the request is to be FAXed to BPT Headquarters. Upon receipt of the BPT action, case records shall notify the unit supervisor by phone of the action taken. The CDC Forms 112 and 144 card shall be posted accordingly. The BPT Form 1135 shall be filed in the C-File. 75010.12

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