Department Operations Manual

52070.25 Classification of Gang Affiliated Inmates Gang affiliated inmates shall be classified in accordance with the CCR, Title 15 and the DOM on the basis of documented individual behavior and case needs. At the inmate/parolee’s annual review, any information or source items received/developed during the preceding year, which meets the validation requirements as defined in CCR Section 3378, shall be disclosed to the inmate/parolee on the CDC Form 812 A/B. The information need not be disclosed if it is part of an ongoing investigation or if disclosure would compromise an ongoing investigation. The inmate/parolee shall be interviewed regarding the information and a request shall be made to the OCS for an updated CDC Form 128B-2. 52070.26

52080.27.4 Determinations The determinations of the classification hearing shall be documented in the hearing portion of the CDC Form 114-D, and in the CDC Form 128-G. Such documentation shall include an explanation of the reason and the information and evidence relied upon for the action taken. The completed CDC Form 114-D and any CDC Form 128-G resulting from hearings shall be routed to the inmate ’ s C-File. The inmate shall be given a copy of all completed forms and of all other documents relied upon in the hearing except those containing restricted/confidential information. 52080.28

54020.22.3 Review of Newly Arriving Inmates for Visiting Status The initial classification committee shall review all newly arrived inmates who are eligible for general population placement to determine visiting status. Criteria for imposition of non-contact visiting status shall include, but are not limited to: • Violations of visiting regulations. • Recent or repeated possession of contraband (such as money, narcotics, and/or paraphernalia, escape tools or devices, etc.), the evidence or circumstance of possession of which suggests illicit acquisition through the visiting process and/or from smuggling into the institution/facility. • Assaultive, irrational, or bizarre behavior suggesting that the inmate has a high violence potential and may prove disruptive to the visiting program. • Escape risk or escape history. • The inmate is temporarily housed at an institution/facility of another law enforcement agency. • The inmate may be placed on non-contact visiting if assigned to a drug rehabilitation program which requires non-contact visiting. 54020.23

54020.33.5 Visiting Status Changes Any disciplinary or classification committee action that restricts, suspends, or denies an inmate's regular visiting, shall also apply to participation in the FVP for the duration of the imposed sanction. 54020.33.6

54030.10 Property Classifications/Restrictions The following subsection gives direction on the control, possession, recording, and disposition of inmate property. 54030.10.1

54100.20.3.4 Classification and Parole Representative (C&PR) Collaboration If the inmate has been transferred, and the decision is to have him or her returned for the hearing, the appeals coordinator shall be responsible for notifying the institutional C&PR of said decision. • The institutional C&PR shall arrange with the other location, where the inmate resides, for the inmate ’ s case to be reviewed by the CSR for endorsement and prompt return to afford staff the opportunity of a timely hearing of the RVR. • Time constraints for conducting a rehearing under these circumstances shall not begin until the inmate has been returned to the institution where Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 517 the hearing will be conducted. If the inmate has been transferred and the decision is made not to have him or her returned for the hearing, the C&PR working with the facility that issued the disciplinary charges shall arrange for all necessary documents to be sent to the receiving institution to facilitate the disciplinary hearing within time constraints and one of the following shall occur: • Staff at the receiving institution shall hear the disciplinary report and afford the appellant access to witnesses via a speaker phone or its equivalent or • Staff from the institution that issued the disciplinary report shall travel to the receiving institution and conduct the hearing providing for witnesses via speaker phone or its equivalent. 54100.21

61010.9.1 Requesting an Archive File To ensure accurate classification and appropriate placement of inmates, available information regarding an inmate’s prior incarceration is to be reviewed and considered as part of a thorough, objective evaluation of the inmate’s security and custody needs. The counselor shall order and review an archive file upon discovery that the inmate has a prior CDCR term, Civil Addict commitment, DJJ, or CYA commitment, which has not been previously reviewed and incorporated into the inmate’s current C -file. If the inmate was incarcerated in a federal institution or out-of-state, an attempt shall be made to get a synopsis of the inmate’s prior incarceration behavior. (See also DOM § 61020.12.) 61010.10

61020.12 Archive File Reviews To ensure accurate classification and appropriate placement of inmates, available information regarding an inmate’s prior incarceration is to be reviewed and considered as part of a thorough, objective evaluation of the inmate’s security and custody needs. The counselor shall order and review an archive file upon discovery that the inmate has a prior CDCR term, Civil Addict commitment, or Division of Juvenile Justice/California Youth Authority (DJJ/CYA) commitment, which has not been previously reviewed an d incorporated into the inmate’s current C -file. An inmate may have a prior Civil Addict commitment that is still active. The central file of an active Civil Addict commitment can be requested from the California Rehabilitation Center (CRC). If the inmate was incarcerated in a federal institution or out-of-state, an attempt shall be made to get a synopsis of the inmate’s prior incarceration behavior. If the inmate has a prior CDCR term or Civil Addict commitment, the counselor shall also check the “COFQ” screen in the OBIS to determine if there is a confidential folder to request. Archive files often contain critical information, which may or may not be found in an inmate’s current C -file. Some examples are as follows: • Enemy concerns. • Escape history. • Gang involvement. • Investigative findings. • Serious Rule Violation Reports. • A “Sustained” petition from a juvenile court (which may be located in a DJJ/CYA file only). • A finding of “Good Cause” by the Board of Parole Hearings (BPH). • Medical information. • Victim notification (which would be located in the confidential folder). Performance of archive file reviews may result in a need to correct the Placement Score, change the security level, and/or refer the case to the CSR for transfer consideration. Inmates temporarily ineligible for Camp/Minimum Support Facility (MSF) placement due only to Placement Score may become eligible after completion of the archive file review. Conversely, inmates may appear to be eligible for Camp/MSF placement; however, the archive file may reflect case factors which exclude Camp/MSF placement. 61020.12.1

62010.3 Responsibilities All classification actions are based on the authority of the Director who delegates functions to specific officials. A listing of these officials and functions are as follows: 62010.3.1

62010.3.1 Headquarters Staff Functions of headquarters staff include, but are not limited to, the following: Chief Deputy Director Deputy and Assistant Deputy Director, Institutions • Acts in all classification matters on behalf of the Director. • Responsible for the general supervision of the classification process. • Supervise the Chief, Classification Services. • Members of the Departmental Review Board (DRB). • Review cases referred by the Chief, Classification Services. • Authorize special transfer orders. • Approve exceptional temporary community releases. Chief and Assistant Chief, Classification Services • Responsible for operational supervision of the classification process. • Supervise the CSRs. • Members of the DRB; present recommendations, record and implement DRB decisions. • Review CSR decisions upon request of a Warden. • Arrange special research and surveys of classification matters. • Review cases referred by CSRs. CSR ’ s • Represent the Classification Services Section carrying out the Director ’ s classification policies and procedures. • Review, approve, modify or disapprove inmate special housing programs and treatment category designations as recommended by institution staff. • Act as liaison between central office and institutions in classification matters. • Coordinate and maintain waiting lists for specific special housing and treatment categories. • Approve receipt of CYA and California DMH cases, and coordinate and endorse the transfer of department inmates to those departments. • Conduct special audits and reviews of classification committee actions to determine that departmental policy is being followed. • Review and prepare letters for the Director to courts on PC 1170(d) cases. • Designate on CDC Form 128-G, Classification Chronos “ Special/Public Interest ” cases. 62010.3.2

62010.4.3.1.4 Classification Committees For the purpose of this Section the following terms are defined: • Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden. • Facility means a subfacility of an institution headed by a facility captain. A facility UCC may complete an “R” suffix evaluation of an inmate. Should a different facility UCC at the same institution disagree with the first UCC’s decision to affix or not to affix the “R” suffix, the committee must refer the case to the ICC for re-evaluation. Should a facility UCC at a receiving institution disagree with a previous institution’s UCC or ICC “R” suffix evaluation, the committee shall refer the case to their ICC for evaluation. The receiving institution’s ICC can reverse an “R” suffix evaluation completed by a previous institution’s UCC as long as the case was not evaluated by the previous institution’s ICC. The receiving institution’s ICC can reverse an “R” suffix evaluation completed by a previous institution’s ICC only if new and compelling information is obtained; otherwise, the case must be referred to DRB. 62010.4.3.1.5

62010.7.1 Degrees of Custody General Classification committees at each institution shall assign a degree of custody to each inmate. Wardens are responsible for determining degrees of custody most appropriate for use at their institution. 62010.7.2

62010.8.2 ICC Authority The ICC is delegated the primary authority for all classification actions within the institution. Composition ICC ’ s shall consist of: • Warden or Chief Deputy Warden (chairperson). • AW (alternate chairperson). • Psychiatrist or physician. • Captain. • CC-III or CC-II (committee recorder). • Captain. • Assignment lieutenant. • Educational or vocational program representative. • Other staff as required. 62010.8.3

62030.18 Inter-Institution Transfer DMH Patients If a classification committee recommends the transfer of a DMH patient between the Departments institutions, the recommendation shall be prepared on a CDC Form 128-G and referred to a CSR for transfer consideration. If transfer is approved, the C&PR of the sending institution shall, by memorandum, notify DMH of the transfer and the reason therefore. 62030.19

62040.19 Processing Male inmates may be referred to the appropriate local classification committee for transfer consideration to RJD, where the process will be completed. • If recommended, the case shall be referred to the CSR for endorsement to RJD. • Those male inmates who cannot be placed in RJD general population, shall be processed at their institution of residence as indicated below, and not transferred to RJD. • If the inmate is found not to be eligible for the program after his arrival at RJD, he shall be presented to a CSR for appropriate return or placement. • Female inmates shall be processed at their institution of residence by their respective Correctional Counselor, as indicated below. The inmate ’ s counselor shall have the inmate complete CDC Form 830, Transfer Treaty Program Application and Certification. The inmate ’ s counselor shall complete the Prisoner ’ s Transfer Progress Report. A copy of each shall be provided to the inmate and a copy placed in the inmate ’ s C-File. A copy of the inmate ’ s case summary and copies of the following completed forms and report shall be forwarded (as appropriate to the case) to the BPT legal counsel: • BPT Form 1001, Life Prisoner – Decision Face Sheet. • BPT Form 1010, Parole Decision ISL Prisoner. • BPT Form 1094, Serious Offender Decision – Face Sheet. • BPT Form 1095, Serious Offender Hearing – Decision (1170.2 (B)). • CDC Form 830, Transfer Questionnaire (original). • CDC Form 678, Cumulative Case Summary Confinement Computation. • Prisoner transfer program report. The BPT shall process the case and notify the institution of acceptance or rejection. 62040.20

62050.10.6 Institutional Classification Committee (ICC) Review An inmate ’ s placement in temporary AD-SEG shall be reviewed by the ICC within ten days of receipt in the unit. ICC shall determine whether to retain in temporary segregation or release to the general population. ICC shall review the inmate at least every 30 days thereafter until the inmate is released from temporary segregation. 62050.10.7

62050.11.3 CSR Review Each classification committee recommendation for PHU placement shall be presented to the next available CSR. Alternative placement shall be approved or the case deferred for presentation to the designated PHU CSR. 62050.11.4

62050.13.6 Procedures/Institutions With SHU The Unit Classification Committee (UCC) shall assign the appropriate custody for inmates endorsed for SHU from other institutions. The UCC shall assign the appropriate custody and recommend a determinate term or indeterminate status when the conduct causing the inmate ’ s placement occurred at that institution. 62050.13.7

62130.5 Classification and Parole Representative or Correctional Counselor III at Reception Centers The C&PR or CC III at a RC is responsible for establishing a tracking system to ensure inmates who have been convicted of a PC Section 290 offense are screened at least nine months prior to release pursuant to the W&IC Section 6600 et seq. The C&PR/RC CC III is also responsible for: • Ensuring CCs and designated Correctional Case Records staff have received training in the SVP screening processes. • Ensuring the Automated Release Date Tracking System is used at least bimonthly to identify PC 290 cases that require screening. • Reviewing and signing the completed CDCR Form 7377, Sexually Violent Predator Screening, ensuring the veracity of the information provided and that all supporting documentation is attached. • Ensuring “sex related” reports and documents are requested from appropriate agencies and departments upon receipt of an inmate from the RC for purposes of determining “R” suffix designation. • Ensuring additional information is obtained from the Strategic Offender Management System (SOMS)/Electronic Records Management System (ERMS) for “MAYBE” cases. • Ensuring inmates with less than 120 days to release shall be processed within 24 hours of discovery to the CSU prior to review of archive documents unless the documents are in the central/electronic file. • Ensuring attachments of supporting documents are pertinent to the SVP qualifying offense. • Ensuring CSU is advised of release date changes for “YES” and “MAYBE” cases within 24 hours of the date change via facsimile of the CDC Form 112, Chronological History. • Ensuring CSU is advised via facsimile of transfers of “YES” or “MAYBE” cases within 24 hours of completed transfer. • Ensuring CSU is advised via facsimile of inmates who are out to court (OTC) for SVP proceedings within 24 hours of departure. • Notifying CSU and the receiving institution of the need for an SVP screening when an inmate who appears on the monthly download has transferred prior to the receipt of the monthly list from CSU. • Completing and attaching a CDCR Form 1884, Justification Referral Sheet, to the CDCR Form 7377, if less than six months are remaining to the scheduled release date. • Ensuring the completed CDCR Form 7377 SVP supporting documentation subsequently received are filed on a drop board under the fingerprint card in the legal section of the central file or scanned into the legal section of the electronic file using SOMS/ERMS. • Notifying CSU upon the placement of a BPH Temporary Hold and again upon placement of a 45-day Hold. • Coordinating with the Institution Personnel Officer for State identification cards/gate clearance issuance for DMH Evaluators conducting SVP clinical evaluations. • Arranging for DMH evaluators to have access to specified central/electronic and medical files. Identify an appropriate location to conduct the file review and the clinical evaluation of an inmate. • Approving review of an inmate’s confidential information by a DMH clinician, if that information is germane to the SVP evaluation. Direct DMH evaluators to limit the use of the information so as not to disclose in any later written report, information that is specifically derived from a confidential document. Require a court order to provide a copy of a confidential document. • Coordinating with the Transportation Unit and CMC-E, the transfer of male inmates to ASH or CSH, via CMC, and with CIW the transfer of female inmates to PSH, via CIW, based on the following determinations: • Court order for housing at ASH, CSH, or PSH. Note: Transportation of inmates to ASH, CSH, or PSH shall be expedited in compliance with a court order. • Providing CMC-E information necessary for receipt of a male inmate transferring to ASH or CSH, via CMC-E. • Providing CIW information necessary for receipt of a female inmate transferring to PSH, via CIW. • Providing updated PC 3058.6 and 3058.8 notifications to law enforcement agencies and requesting individuals, respectively, and ensuring the following has been completed: • Contact the individual requesting notification pursuant to PC 3058.8 by telephone or other communication the next working day upon release of the inmate if a county, district attorney, court, DMH, or other agency assumes custody of the inmate, if other than originally noticed. The information should include: • The receiving agency’s name. • The agency contact person’s name and telephone number, if known, to assist the victim/witness, etc. further. • Document the date, time, and staff name of the person providing updated information to the PC 3058.8 requesting individual on the CDCR Form 863-A, Confidential Notice of Release. Recommended statement to be included on the CDCR Form 863- A, “Requestor notified on_______ (date) of release to the agency.” • Forwarding the central file to CMC-E, regarding an inmate who has reached his scheduled release date and is released to another’s custody pursuant to W&IC 6600 et seq. CMC- E’s C&PR shall arrange transportation of parolees from ASH to the designated location for Revocation Hearing proceedings. CIW’s C&PR shall arrange transportation of parolees from PSH to the designated location for Revocation Hearing Proceedings. 62130.6

76020.5 Placement of CYA Wards in the Department Classification Services shall review all information available and place CYA wards who are not juvenile court commitments under PC 2037 at one of the following approved facilities: • CMF. • CTF. • CIM. • DVI. • CIW. • CRC (over age 18 only). Normally, such placement for males shall be DVI and CMF. Wards whose paramount problem is narcotic involvement shall be placed at CRC. Wards committed to the Department pursuant to PC 2037 shall be placed at DVI. 76020.5.1