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CALIFORNIA CDCR

Department Operations Manual

Search the official CDCR operations manual — 6,509 sections covering every aspect of California's correctional system. A resource for families, advocates, and legal professionals.

Source: CDCR 2024 DOM (PDF) · Updated January 1, 2024
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§ 74040.3 Ch. 7 — Self-Help/Volunteer Programs p. 663

Preparation Preparation of a hearing calendar begins months in advance of the he

...Prior to the Hearing The C&PR or designee shall prepare and transmit a FAX, or mail a copy of the calendar to the BPH scheduling unit containing the following information: • Inmate's full name. • CDC number. • Attorney designation. • Attorney's name and telephone number. • Previous attorney (if applicable). • County of commitment. Hearings shall be scheduled accordi...
74040.3 Preparation Preparation of a hearing calendar begins months in advance of the hearings. The processes shall be completed within the specified time frames. 74040.3.1 90-to-120 Days before Month of Hearing A tentative computer listing shall be furnished to facilities by the BPH of life prisoners who should be scheduled for a hearing during a two-month period. • The BPH shall continue to provide new and updated printouts every two months. Facility staff shall review the listings and advise the BPH of the names and departmental identification numbers (CDC numbers) of prisoners who are: • Entitled to a hearing during the period, but not included on the list. • In need of rescheduling from previous months. • On the list, but facility records reflect the inmate should not be scheduled. • Ordered by the BPH to have an extended term hearing. 74040.3.2 90 Days Prior to Hearing Prepare a tentative BPH calendar of those persons scheduled for hearings. The calendar shall include: • Inmate's name. • CDC number. • Type of hearing. • Psychiatric report designation (when appropriate). The tentative calendar shall be widely distributed throughout the facility. The C&PR’s copy of the calendar shall contain the following information: • County of commitment. • Minimum Eligible Parole Date (MEPD). A request for preparation of the appropriate report to the BPH shall be sent to the caseworker of each inmate. 74040.3.3 30-to-60 Days Prior to Hearing The Correctional Counselor shall interview the life term inmate prior to the hearing and shall: • Prepare a BPH report. • Advise the inmate of hearing rights. • Advise the inmate of the right to request an attorney. The BPH shall appoint an attorney if the inmate is indigent. • Advise the inmate of their right to waive a hearing or ask for a continuance. For life term cases, records staff shall prepare a BPT Form 1002, Life Prisoner: Parole Consideration Hearing Notice, and send an original and one copy for the inmate's signature. The caseworker shall verify the trust fund balance to determine if the inmate is indigent or able to pay for an attorney. (See BPH Rule 2256.) If the inmate declines representation, the inmate shall complete a BPT Form 1003, Life Prisoner: Waiver of Attorney or Withdrawal of Request. If the inmate has a private attorney or had a private or State-appointed attorney at the previous hearing, the caseworker shall verify the attorney's availability for the hearing. 74040.3.4 45 Days Prior to the Hearing The C&PR or designee shall prepare and transmit a FAX, or mail a copy of the calendar to the BPH scheduling unit containing the following information: • Inmate's full name. • CDC number. • Attorney designation. • Attorney's name and telephone number. • Previous attorney (if applicable). • County of commitment. Hearings shall be scheduled according to the proximity of the counties from which the inmate has been sentenced. • Schedule inmates from the same county in succession. This shall accommodate the DAs who plan to attend. Restrictions The following restrictions shall be considered: • Microfiche cases shall not be scheduled on Mondays or Fridays. • The Executive Officer or Chairman shall approve the scheduling of three subsequent hearings in one day. • If three hearings are scheduled, ensure that none are microfiche cases. • No more than one initial, rescission, or extended term hearing or any combination of the three shall be scheduled in one day. • Normal starting times for hearings are as follows: • 9:00 a.m. and 2:00 p.m. (two hearings). • 8:30 a.m., 10:45 a.m., and 2:30 p.m. (three hearings). The inmate shall be given copies of BPT Forms 1002, 1003, if applicable, and 1080, Notice of Date, Time, and Place of Hearing. • Records staff shall make five photocopies of each form to be included in hearing packets. Crime partner information shall be photocopied and placed in the miscellaneous section of each packet. 74040.3.5 35 Days Prior to Hearing Revised September 25, 2007 Pull the C-File and prepare PC 3042 and 3043 notices. Mail notices to the following persons prior to any parole consideration or rescission hearing on a life prisoner: • The judge who presided at the trial and conviction of the inmate. • Complete BPT Form 1087-A, Notice of Hearing − Judge (If the judge is retired, deceased, etc., send the notice to the presiding judge of the committing county.) • The DA's office which prosecuted the case. • Complete BPT Form 1087-B, Notice of Hearing − DA, and mail to the DA of the county of commitment. • Fill in the exact date and time of the hearing in the space provided should the DA wish to attend. • The law enforcement agency which investigated the offense. • Complete BPT Form 1087-C, Notice of Hearing. Include the location of the offense on the form. • The attorney who defended the inmate at the time of trial. • Complete BPT Form 1087-C. • The AG’s Office. • Complete BPT Form 1087-C. Include the county case number and victim(s) name. Indicate any change of venue cases. • The law enforcement agency which employed the murder victim if the victim was a peace officer. • Complete BPT Form 1087-C. • Victim, next of kin, immediate family member as defined in Section 3000 of the Title 15, support person, or counsel who has requested notice and has provided a current address. (Does not apply to rescission hearing.) • Complete BPT Form 1087-D, Victims Notice of Hearing. • BPT Form 1006, Advance Information Sheet, shall be attached and sent with the BPT Form 1087-D. BPH and C&PR Responsibilities • The BPH shall notify the Office of Victim and Survivor Rights and Services (OVSS) of the authorization for the victim next of kin, immediate family member as defined in Section 3000 of the Title 15, support person, or counsel to attend the hearing. • The OVSS shall notify the respective C&PR of the authorization and provide the necessary information to process a clearance for the scheduled attendee. • Upon notification, the C&PR shall initiate a gate clearance per institution/facility procedures. • A scheduled attendee shall only be excluded from attending a hearing based upon the criteria established in Title 15, Section 3176.3. • The Warden/Designee shall immediately notify the Director, Division of Adult Operations, whenever a determination is made to exclude a scheduled attendee. • Should a scheduled attendee be denied access, the Victim Services Representative (VSR) shall make personal contact and provide an explanation as to the denial. The VSR shall also provide a written notice to the denied attendee detailing the reasons for denial and the process for appealing the denial. • The C&PR shall be designated as the institution/facility's VSR, with the Assistant C&PR as the back-up to the VSR. The Warden may identify additional staff to act as a designee for the VSR. Reports Psychiatric reports from the medical department and board reports from the caseworker are due for completion. • C&PR is to be advised of any board reports not completed. • Photocopy six copies, one of each to the inmate and one in each of the five hearing packets. • Schedule a C-File review upon the request of the inmate's attorney. • Schedule the inmate to review their C-File prior to the attorney review if requested. • If the inmate waived the right to an attorney, the caseworker shall arrange a C-File review upon request of the inmate. • Remove confidential folder from the C-File and check contents. • Complete CDC Form 819, Personal Information Disclosure Log. • Place a copy of the form in the confidential section of the C-File. • Original to the C-File. • Records staff shall review all hearing packets for completeness. • Forward one packet each to the DA and the inmate's attorney by certified mail. • When returned, file the certified receipt in the inmate's C-File. 74040.3.6 10 Days Prior to Hearing Revised November 18, 2008 Ten days prior to the hearing is the deadline for incorporating or sending material to the DA or the inmate's attorney for inclusion in the hearing packet. • Any material received after this date shall be placed in an envelope to be given to both attorneys on the date of the hearing. • The BPH Forensic Assessment Division’s (FAD) evaluations must be delivered to the inmate whether or not it is received within ten (10) days of the hearing. (When available, the BPH FAD evaluation is delivered with the board report by the correctional counselor.) • Immediately upon notification from BPH FAD that the evaluation has been completed, records staff will print the report from LSTS, attach the CDC Form 128-B, General Chrono, with the inmate name and number already included, and forward to the mail room for priority legal mail service. • Staff serving the BPH FAD evaluation via the legal mail process will have the inmate sign the CDC Form 128-B and return it to the mail room for delivery to the Case Records Board Desk. • Mail Room staff will deliver the CDC Form 128-B within 24 hours to Case Records Board Desk staff for priority filing. • Upon receipt of the CDC Form 128-B, the Board Desk staff will immediately file it in the Central File. 74040.3.7 5-to-7 Days Prior to the Hearing Review hearing packets for completeness. Sign and date the BPT Form 1008, Life Prisoner Parole Consideration Hearing Checklist. Update the master calendar with the names of attorneys who will attend the hearings. 74040.4
§ 54100.6 Ch. 5 — Inmate Housing and Classification p. 518

Appeal Preparation Revised September 28, 2016 The Department shall make its app

...attach all original relevant supporting documents and forward them, in a single mailing, to the appropriate appeals office. The CDCR Form 602-1 provides a system of accountability at each level of review. When the appeal material is submitted without a completed and signed CDCR Form 602-1, the appeals coordinator shall return it to the inmate or parolee with instructions to fill out and sign the ...
54100.6 Appeal Preparation Revised September 28, 2016 The Department shall make its appeal forms readily available to all inmates and parolees, ensuring that those who have difficulty communicating have equal access to the appeal process and the timely assistance necessary to participate in this process including completing or clarifying the appeal. Timely, in this particular instance, means promptly and without deliberate delay, insofar as prevailing organizational resources permit. The inmate or parolee shall describe the specific issue under appeal, the relief requested, and state all facts known and available to him/her regarding the issue being appealed upon one original copy of the CDCR Form 602-1, attach all original relevant supporting documents and forward them, in a single mailing, to the appropriate appeals office. The CDCR Form 602-1 provides a system of accountability at each level of review. When the appeal material is submitted without a completed and signed CDCR Form 602-1, the appeals coordinator shall return it to the inmate or parolee with instructions to fill out and sign the CDCR Form 602-1 and resubmit the appeal for processing. • If originals are not available, copies may be submitted with an explanation and the appeals coordinator shall have the discretion to request that any submitted copy is verified by staff. • The inmate or parolee is limited to the space provided on the CDCR Form 602-1 to describe the specific issue and action requested. The appeal content must be printed legibly in ink or typed on the lines provided on the appeal forms in no smaller than a 12-point font. There shall be only one line of text on each line provided on these forms. • The inmate or parolee shall list all staff member(s) involved and shall describe their involvement in the issue. To assist in the identification of staff, the inmate or parolee shall include the staff member’s last name, first initial, title or position (if known) and the date(s) of the staff member’s involvement in the issue under appeal. Absent the requested identifying information, the inmate or parolee shall provide any other available information that would assist the appeals coordinator in making a reasonable attempt to identify the staff in question. • Relevant supporting documents are defined as documents needed to substantiate the allegation(s) made in the appeal, including but not limited to, classification chronos, property inventory sheets, receipts, completed disciplinary reports with supplements, incident reports, notifications of disallowed mail, trust account statements, memoranda, letters, medical records, and/or a written request for interview, item or service (See DOM 54100.8). Only supporting documents necessary to clarify the appeal shall be attached to the appeal. • The inmate or parolee shall not delay submitting an appeal within established time limits if unable to obtain supporting documents, but shall submit the appeal with all available supporting documents and provide an explanation why any remaining supporting documents are not available. • Supporting documentation does not include documents that simply restate the matter under appeal, argue its merits or raise new issues not identified in the appeal and stated as such on the relevant original 602-1 form. New issues raised in the supporting documents shall not be addressed, and any decision rendered will pertain only to the present appeal issue and requested action(s). • The inmate or parolee shall not include or attach extraneous physical objects, exhibits, tabs or dividers, including organic materials of any type with their appeal packet or otherwise deface or contaminate submitted forms and attachments. Appeals submitted with hazardous or toxic material that present a threat to the safety and security of staff, inmates, or the institution may subject the appellant to disciplinary action and/or criminal charges commensurate with the specific act. • For third level appeals, the inmate or parolee shall be responsible for mailing the appeal form and supporting documentation directly to the third level Appeals Chief using their own funds and US mail service, unless the appellant is indigent in which case the third level appeal shall be processed in accordance with the indigent mail provisions (15 CCR §3138). An indigent inmate/parolee shall not, however, be required to divide their appeal into separate mailings to conform to indigent mail weight restrictions. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 510 • Another inmate or parolee, staff member, family member as defined in Section 3000 of the Title 15, or other interested party may assist the inmate or parolee in completing the appeal form. However, the act of providing such assistance does not render or convey upon that individual status as party to the appeal. In addition, assistance is disallowed if the act of providing such would create an unmanageable situation including but not limited to; acting contrary to the principles set forth in 15 CCR §§ 3163 and 3270, allowing one offender to exercise unlawful influence/assume control over another, require an offender to access unauthorized areas or areas which would require an escort, or cause avoidance or non-performance in assigned work and program activities. • An inmate or parolee shall not submit an appeal on behalf of another person, unless the appeal contains an allegation of sexual violence, staff sexual misconduct, or sexual harassment. • Inmates or parolees shall not give any form of compensation to other inmates or parolees or receive any form of compensation for assisting in the preparation of another’s appeal. The giving or receiving of compensation is considered misconduct and is subject to disciplinary action. • The appellant shall sign, date, and submit the appropriate appeal document(s) at each level in the appeal review process. • Unless otherwise provided for in this article, the appeal shall not be accepted at the third level for review without first having been reviewed at second level. 54100.7
§ 81010.10.5.1 Ch. 8 — Custody and Security p. 694

Administrative Placement of Parolees Procedures (a) Pre-Parole Determination and

...n contained on the CDCR Form 1707. b. Keep copies of any correspondence; i.e., mailed letters, electronic mail, or any other forms of correspondence between CDCR and the victim. 6. The victim shall be allowed 14 calendar days to respond. If contact with the victim is unable to be established within the allotted time, the RRU staff shall: a. Screen out the administrative placement until such tim...
81010.10.5.1 Administrative Placement of Parolees Procedures (a) Pre-Parole Determination and Documentation of an Administrative Placement Case Screening - Staff Lines of Responsibility (1) Regional Reentry Unit (RRU) Supervisor. The RRU Supervisor shall be responsible for ensuring administrative placement activities are completed by RRU staff. (2) Regional Reentry Unit Screener. The RRU Screener shall review and identify victim notification issues pursuant to an administrative placement on the Release Program Study (RPS) and forward to the RRU Supervisor. (3) Regional Reentry Unit Staff (A) Upon receipt of a RPS packet, the RRU staff shall ensure the following steps are completed: 1. Review the CDCR Form 1707, Request for Victim Services, to determine if the request is from an actual victim of, or witness to, a qualifying crime, and there is a request for a Special Condition of Parole (SCOP) that the parolee not be allowed to live with in 35 miles of the victim’s or witness's residence. 2. Review the current Abstract of Judgement to verify that the commitment offense meets the criteria for administrative placement in section 81010.2. 3. Review the probation or arrest report to confirm the identity of the victim or witness in the case facts. If the case does not meet the criteria for administrative placement, the RRU staff will assign the case to the appropriate parole unit pursuant to section 81010.4.1, and note on an attached CDCR Form 1650-D, Record of Supervision, that the case does not meet the criteria for an administrative placement. 4. Contact the victim via telephone to confirm the information noted on the CDCR Form 1707. a. If necessary, obtain a current CDCR Form 1707 from a child victim formerly represented by a parent or guardian who has reached the age of 18 or above. b. If the victim is currently represented by a legal guardian, the coordinator shall request a certified copy of guardianship documents. 5. If RRU staff are unable to establish contact with the victim via telephone, the following steps shall be completed: a. Exercise due diligence to contact the victim using information contained on the CDCR Form 1707. b. Keep copies of any correspondence; i.e., mailed letters, electronic mail, or any other forms of correspondence between CDCR and the victim. 6. The victim shall be allowed 14 calendar days to respond. If contact with the victim is unable to be established within the allotted time, the RRU staff shall: a. Screen out the administrative placement until such time that the victim reestablishes contact with the Office of Victim and Survivor Rights and Services (OVSR&S) or the Division of Adult Parole Operations. b. Document on the original correspondence sent to the victim "Unable to Locate,” sign, and date the correspondence. c. Maintain a copy of the correspondence and attach it to the RPS packet. 7. Upon confirmation that the victim or witness no longer requests the residential restriction, has relocated, or is deceased, the RRU staff shall: a. Rescind the original CDCR Form 2258, Administrative Parole Placement. b. Complete a new CDCR Form 2258 returning the offender to their CLLR or relocating them. 8. Upon determination that victim notification cannot be completed, the case shall be assigned by the offender's CLLR or city of last legal residence pursuant to section 81010.2.1. a. The RRU staff shall document the following five entries on a CDCR Form 1650 D, for review and approval by the RRU Supervisor: basic details of the victim’s or witness's request, as well as confirm that the request meets all criteria for administrative placement, and provide the resulting parole unit assignment; any and all special conditions of parole imposed on the parolee pertaining to the administrative placement; a detailed summary of the case facts and the source of the information; the offender’s CLLR or city of last legal residence; and the last entry shall read, "Confidential (insert parole unit name)." (4) Once an appropriate parole unit assignment has been determined, the recommendation shall be submitted to the Regional Parole Administrator (RPA), or designee, for a decision. Any concerns regarding a victim or witness request following an administrative placement decision shall be forwarded to the RRU Supervisor. (5) Upon approval by the RPA, the RRU Supervisor shall: (A) Complete the RPS packet, designating the approved parole unit assignment. (B) Notify the receiving parole unit of the decision to administratively place an offender in their jurisdiction by submitting the CDCR Form 2258. (C) Forward the CDCR Form 2258 via electronic mail to the receiving parole unit supervisor and District Administrator as an official notice of administrative placement. (6) Receiving Parole Unit (A) Unit Supervisor or Assistant Unit Supervisor (AUS). The AUS shall ensure the pre-parole administrative placement and RPS is completed as required in section 81010.4.1. (B) Parole Agent. The parole agent responsibilities shall include, but are not limited to, the following: 1. Establish and enforce a SCOP restricting the parolee from being within 35 miles of the victim’s and witness's residence. 2. When establishing the 35-mile distance, use Internet-based mapping software that measures the distance "as the crow flies" and not actual driving miles. 3. The victim’s or witness's address shall remain confidential and shall only be known by authorized staff. (C) Upon receipt of a new CDCR Form 1707 from the victim or witness that does not request residential restrictions, or the CDCR Form 1650-B, Initial/Comprehensive Interview, or the victim or witness has relocated, the parole unit staff shall forward via email the new CDCR Form 1707 and pertinent relocation information via email to the RRU Supervisor and OVSR&S. (D) Upon notification that the victim or witness is deceased, the parole unit staff shall forward any documentation (e.g., death certificate, funeral publication, or newspaper obituary) via email to the RRU Supervisor and OVSR&S requesting to rescind the CDCR Form 1707. (7) Administrative Placement of Active Parolees (A) All requests for administrative placement of active cases shall take priority over pre-parole cases. All procedures remain the same for pre-parole cases with the following exceptions: 1. Upon assignment, the sending unit supervisor shall ensure that the parolee reports for their initial interview at the receiving parole unit. 2. Transportation or pick-up of the parolee shall be coordinated between the parole units. (8) Non-Mandatory Administrative Placement of Parolees (A) Non-mandatory administrative placements are defined as a managerial discretionary decision based upon review of case criteria and warrant relocation of a parolee from their CLLR or city of last legal residence. These may include cases that are deemed high notoriety or public interest; contain violent offenses that do not meet the mandatory placement criteria; or, contain any other case factor(s) that, upon review, warrants relocation. 1. Upon determination that a case shall be reviewed for a non-mandatory administrative placement of a parolee, the unit supervisor shall refer the matter to the RRU Supervisor for review and recommendation to the RPA. 2. If the reason for a review is related to a victim or witness matter, the unit supervisor shall refer the victim to the RRU Supervisor for appropriate assistance and disposition. (9) Office of Victim and Survivor Rights and Services (A) Once the victim, victim's next-of-kin, or witness completes the CDCR Form 1707, the form shall be electronically transmitted, faxed, or mailed to: Office of Victim and Survivor Rights and Services P.O. Box 942883
§ 31010.5 Ch. 3 — Personnel p. 128

Conduct Violations (a) The type of prohibited behavior which may be found to con

... with discriminatory, retaliator, or sexual content in any form via electronic mail, the intranet or internet websites, cell phone, interoffice mail, or public or private mail. (10) Discriminating against any employee in violation of this policy so as to create a hostile or offensive work environment. (11) Engaging in any unwanted physical contact or leering. (12) Making harassing or offensive...
31010.5 Conduct Violations (a) The type of prohibited behavior which may be found to constitute a violation of CDCR’s EEO policy includes, but is not limited to: (1) Making employment decisions on the basis of an individual’s protected characteristics. (2) Changing the terms, conditions, or privileges of employment of an employee in retaliation for filing a discrimination complaint or participating in the discrimination complaint process. (3) Failing to consider reasonable accommodation request for a disability or for religious reasons. (4) Denying a leave request for which an employee is eligible under FMLA, CFRA, or because of pregnancy and pregnancy-related conditions. (5) Using discriminatory terms or telling discriminatory jokes that are based on an individual’s protected status. (6) Abusive conduct, including repeated infliction of verbal abuse and use of derogatory remarks, insults, and epithets. (7) Verbal and physical conduct that a reasonable person would find threatening, intimidating, or humiliating. (8) Displaying objects, cartoons, pictures, or posters that are derogatory, sexual in nature, or discriminatory based on an individual’s protected status. (9) Posting, sending, uploading, or downloading messages with discriminatory, retaliator, or sexual content in any form via electronic mail, the intranet or internet websites, cell phone, interoffice mail, or public or private mail. (10) Discriminating against any employee in violation of this policy so as to create a hostile or offensive work environment. (11) Engaging in any unwanted physical contact or leering. (12) Making harassing or offensive telephone calls to a coworker, or sending harassing or offensive correspondence to an individual by any means including, but not limited to, public or private mail, interoffice mail, facsimile, electronic mail or text messaging. (13) Restricting or denying restroom access, in accordance with a transitioning transgender or non- binary individual’s gender identity and/or gender expression; or consistently failing to use the gender pronoun and honorific an individual has specified in all verbal and written communications with or regarding the individual, after the transgender or non-binary employee has provided notice of their pronouns. (14) Engaging in biased conduct as defined within the EEO policy. Examples, which if severe enough can rise to the level of harassment or discrimination, including: promoting stereotypes, or considering a person’s identity characteristics when taking actions, even if those actions do not constitute a “harmful” employment action. 31010.6
§ 31010.6 Ch. 3 — Personnel p. 128

Sexual Harassment Violations Sexual harassment is defined under State and federa

...ding/downloading sexual or demeaning materials in any form via electronic mail, the intranet/internet websites, cell phone, interoffice mail, or public or private mail. • Following or stalking an employee. • Making harassing telephone calls of a sexual nature to a coworker, or sending sexually harassing correspondence to an individual by any means including, but not limited to, the...
31010.6 Sexual Harassment Violations Sexual harassment is defined under State and federal laws and by this policy as unsolicited and unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature that interferes with work performance by creating an intimidating, hostile, or offensive work environment. Such conduct constitutes sexual harassment in violation of this policy when: • Submission to the conduct or communication is made either explicitly or implicitly a term or condition of employment. • Submission to or rejection of the conduct or communication is used as a basis for employment or service decisions affecting the individual. • Such conduct or communication has the potential to negatively affect an individual’s work performance and/or create an intimidating, hostile, or offensive work environment. The type of prohibited discriminatory or harassing behavior which may be found to constitute a violation of CDCR’s EEO policy includes, but is not limited to: • Demanding sexual favors in exchange for employment benefits, or as a term or condition of employment, whether explicitly or implicitly. • Engaging in any unwanted physical contact, including touching, leering, making sexual gestures, impeding or blocking movements, pinching, grabbing, patting, intentionally brushing up against another individual in a sexual manner, rape, or sexual assault. • Engaging in retaliation after a negative response to sexual advances. • Using sexually derogatory terms or telling sexual jokes and/or stories. • Displaying objects, cartoons, pictures, or posters of a derogatory or sexual nature. • Posting, sending, or uploading/downloading sexual or demeaning materials in any form via electronic mail, the intranet/internet websites, cell phone, interoffice mail, or public or private mail. • Following or stalking an employee. • Making harassing telephone calls of a sexual nature to a coworker, or sending sexually harassing correspondence to an individual by any means including, but not limited to, the use of public or private mail, interoffice mail, facsimile, electronic mail, or text messaging. 31010.7
§ 33010.8 Ch. 3 — Personnel p. 210

33010.8 U.S. Mail The Department shall allow employee organizations to send U.S. mail to employees at work addresses and shall make every effort to deliver mail to employee mail boxes if: • The mail is sent to the specific institution/parole office address. • The volume of mail does not increase to the point that additional resources are necessary to process it. 33010.9
33010.8 U.S. Mail The Department shall allow employee organizations to send U.S. mail to employees at work addresses and shall make every effort to deliver mail to employee mail boxes if: • The mail is sent to the specific institution/parole office address. • The volume of mail does not increase to the point that additional resources are necessary to process it. 33010.9
§ 52050.28.5 Ch. 5 — Inmate Housing and Classification p. 419

Searches Revised October 13, 2015 EDDE may be used to search inmates, visitors,

...ies, contract employees, contractors and their employees, volunteers, packages, mail, vehicles, Department property, and personal property brought onto institution grounds. Equipment shall be used in accordance with the manufacturer’s instructions to avoid contaminatio n of equipment operators and equipment. EDDE scans of inmates, visitors, staff, employees of other government agencies, cont...
52050.28.5 Searches Revised October 13, 2015 EDDE may be used to search inmates, visitors, staff, employees of other government agencies, contract employees, contractors and their employees, volunteers, packages, mail, vehicles, Department property, and personal property brought onto institution grounds. Equipment shall be used in accordance with the manufacturer’s instructions to avoid contaminatio n of equipment operators and equipment. EDDE scans of inmates, visitors, staff, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall be conducted in a systematic and routine manner. EDDE swabs may be wiped along the following areas prior to scanning, e.g., hands and fingers and commonly touched or held articles such as pocket exteriors or openings, shoelaces, eyeglass handles, belt buckles, watch bands, bracelets, etc. At no time shall a swab be used on breast or groin areas. The swab will then be scanned by the EDDE . Searches of Inmates • If the presence of contraband is detected and confirmed, inmates shall be subject to an unclothed body search and ordered to submit to a urinalysis. Inmates require only one positive scan to be considered positive due to the reasonable unlikelihood of being inadvertently contaminated with drug residue from a secondary source. All inmate scanning results shall be documented on the EDDE ION Scanner Results Log – Inmates Scanned log. Searches of Packages, Mail • If the presence of contraband is detected and confirmed by the EDDE in packages or mail, the item(s) is to be confiscated and turned over to the ISU for investigation and disposition in accordance with Chapter 5, Article 41, Inmate Mail. • All packages and mail testing shall be documented on the EDDE ION Scanner Results Log – Mail and Package log. Searches of Inmate Visitors • All inmate visitor testing results shall be documented on the ION Scanner Results Log – (Visitors). • Visiting staff shall inform visitors they can refuse the enhanced inspection by the EDDE. Staff shall inform the visitor of further potential search and visitation options upon a positive alert or based upon the number of refusals occurring within a twelve month period as outlined in policy. • If during the first scan of the EDDE, the scan result is negative, the visitor shall continue with processing into the visiting area. • If the presence of contraband is detected on the first scan, the visitor shall be given the option of washing his/her hands with soap and water and a Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 411 second scan shall be performed in the same manner as the first scan. If a visitor passes the second scan, they shall be permitted to have a regular visit and the scan shall not be recorded as a positive result. If the second scan is positive, the visitor shall be informed that he/she will be required to submit to a clothed body search as a condition of a non-contact visit, if space is available. Subsequently, if the clothed body search is negative for contraband, the visitor shall continue with processing into the non- contact visiting area. However, if the clothed body search results in the discovery of contraband, the visitor shall be denied entrance to the facility/institution and may be subject to arrest and referral for criminal prosecution. If the visitor refuses to consent to a clothed body search, visiting shall be denied for the day. • All positive alerts (second EDDE scans/passive air scans), refusals to submit to clothed body searches after a positive alert, and/or refusals to participate in the drug interdiction process shall be recorded on the SOMS visiting record. Upon the visitor’ s next attempt to enter a CDCR institution, he/she shall be informed that he/she shall be subject to the following: • First offense: A visitor who refuses to participate in a drug interdiction process may request a non-contact visit if space is available. The visitor shall be required to submit to a clothed body search as a condition of a non-contact visit. If the results of the search are negative for contraband, the visitor shall continue with processing for a non-contact visit. If the visitor refuses to consent to a clothed body search, visiting shall be denied for that day. A visitor, who refuses to submit to a clothed body search after a positive EDDE/passive air scan alert for the first time in a twelve (12) month period, shall be denied a visit for that day. Upon the visitor’s next attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process. The visitor shall participate in the drug interdiction process occurring on that day. If the visitor refuses to comply with this directive, visiting shall be denied for that day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies. • Second offense: A visitor who refuses to participate in a drug interdiction process or submit to a clothed body search after a positive EDDE/passive air scan alert for the second time in a twelve (12) month period shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution within his/her jurisdiction for up to thirty (30) days, pursuant to CCR, Title 15, Sections 3176.1, 3176.2 and 3176.3. Upon the visitor’s next attempt to visit w ithin a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process. The visitor shall participate in the drug interdiction process occurring on that day. If the visitor refuses to comply with this directive, visiting shall be denied for that day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies. • Third offense: A visitor who refuses to participate in a drug interdiction process or submit to a clothed body search after a positive EDDE/passive air scan alert for the third time in a twelve (12) month period shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution within his/her jurisdiction for up to twelve (12) months, pursuant to CCR, Title 15, Sections 3176.1, 3176.2 and 3176.3. Upon the visitor’s next attempt to visit within a twelve (12) month period, the visitor shall not have the option of being randomly selected to participate in the drug interdiction process. The visitor shall participate in the drug interdiction process occurring on that day. If the visitor refuses to comply with this directive, visiting shall be denied for that day. If the institution is not conducting a drug interdiction process, the visitor will be allowed a contact visit consistent with departmental policies. • Fourth offense: A visitor who refuses to participate in a drug interdiction process or submit to a clothed body search after a positive EDDE/passive air scan alert for the fourth time in a twelve (12) month period shall be denied a visit for that day. The institution head or designee may issue an order to suspend the visitor from the institution within his/her jurisdiction for up to twelve (12) months and refer the case to the director or designee for review of permanent exclusion of a person from any or all institutions/facilities , pursuant to CCR, Title 15, Sections 3176.1, 3176.2 and 3176.3. • When conducting scans of inmate visitors there will be occasions when legitimate circumstances exist that may result in a positive EDDE scan. Should the person being scanned claim the EDDE alarm is due to one or several prescribed medications, that person must present a letter of verification signed by a licensed physician, licensed physician’s assistant, or certified nurse practitioner confirming the medications prescribed are the cause of the EDDE alarm before they will be permitted a contact visit. The visitor shall be informed that he/she will be required to submit to a clothed body search in accordance with Section 54020.13.2, as a condition of visiting. Any item(s) brought into the facility/institution by that visitor shall be subject to a thorough search. If no contraband is discovered, the visit shall proceed. If the document is not readily available, the individual shall be informed that he/she shall be required to submit to a clothed body search as a condition for non- contact visiting, if space is available. If no contraband is discovered, the visitor shall be permitted to have a • Denial of entrance into the facility/institution or the approval of a non- contact visit shall be in accordance with Chapter 5, Article 42. • Inmate visitors, who appear to be under the influence of alcohol, drugs, or any other substance, to the extent that his or her presence in the facility/institution would pose a threat to his or her safety or the safety of others, or to the security of the facility/institution shall be denied entrance to the facility/institution. • Inmate visitors found in possession of controlled substances are subject to arrest and referral for criminal prosecution pursuant to this Article. • Any controlled substance(s) and or contraband confiscated shall be handled as evidence and in accordance with Chapter 5, Article 20. • Upon request, a visitor may be given a copy of the EDDE printout of all positive scans for that visitor. • The Office of Internal Affairs (OIA) Criminal Team Supervisor or Administrative Officer of the Day (AOD), shall be immediately contacted for consideration of an exigent investigation upon the discovery of illegal drugs or other criminal contraband in the possession or control of a visitor when there is reasonable suspicion that a departmental employee, employee of another government agency, contract employee, contractor and their employee, or volunteer is involved with the visitor. • The arrest of a visitor shall not be made without consultation with OIA when there is reasonable suspicion that a departmental employee, employee of another government agency, contract employee, contractor or their employee, or volunteer is involved with the visitor. The OIA Regional Criminal Team Supervisor will assess the case factors and other investigative strategies prior to approval. In the event there are exigent circumstances where the need to act is immediate, OIA shall be notified as soon as possible thereafter. • When an arrest is made by ISU, in accordance with CCR, Title 15, Sections 3176.2 and 3316(a), the CDCR 837 form series, Crime/Incident Report; arrest reports; and staff reports documenting the arrest shall be forwarded to the local District Attorney’s office by ISU. Employees, Contractors, and Volunteers • Department employees do not have the right to refuse to be searched. Employees of other government agencies, contract employees, contractors and their employees, and volunteers can refuse to submit to search; however, refusal shall result in the denial of entry and may result in suspension from that CDCR institution for one year. Employees of other government agencies, contract employees, contractors and their employees, and volunteers can appeal the suspension to the institution head. A written response shall be provided within 15 working days from receipt of the appeal. If dissatisfied with the institution ’s response or action, the appellant may refer the appeal, with a copy of the institution ’s decision, to the director or designee who shall provide a response within 20 working days from the date of receipt. Employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall be randomly selected for scanning with the EDDE. All scanning of individuals shall be conducted in a manner that affords privacy. When employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers are scanned, the operator shall ensure that the audio alarm is deactivated and that a printout of all positive scans for the staff member, employee of another government agency, contract employee, contractor or their employee, or volunteer accompanies all written logs. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 412 • If during the first scan of the EDDE, the scan result is negative, the individual will continue with processing into the institution. • If the presence of contraband is detected on the first scan, the individual shall be given the option of washing their hands with soap and water and a second scan shall be performed in the same manner as the first scan. If the second scan is positive, and the presence of contraband is detected by the EDDE, supervisory staff shall be notified immediately. The individual shall be informed that he/she will be required to submit to a pat down search by same gender supervisory staff in a private setting as a condition to enter the facility/institution. Any item(s) brought into the facility/institution by that individual shall be subject to a thorough search. If no contraband is discovered, the individual shall be allowed to enter the facility/institution. • The OIA Criminal Team Supervisor or AOD shall be immediately contacted for consideration of an exigent investigation upon the discovery of illegal drugs or other criminal contraband in the possession or control of an individual. • The OIA Regional Criminal Team Supervisor shall be contacted for consideration of an exigent investigation prior to the search of any departmental employee, employee of another government agency, contract employee, contractor and their employee, or volunteer when there is reasonable suspicion that the employee, employee of another government agency, contract employee, contractor and their employee, or volunteer is or will be in possession of illegal drugs or contraband. In the event there are exigent circumstances where the need to act is immediate, OIA shall be notified as soon as possible thereafter. • All employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers testing shall be documented on the ION Scanner ResultsLog - (Staff). • An EDDE scan of an individual may be initiated consistent with established reasonable suspicion protocols. • Employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers who appear to be under the influence of alcohol, drugs, or any other substance, to the extent that his or her presence in the facility/institution would pose a threat to his or her safety or the safety of others, or the security of the facility/institution shall be denied entrance to the facility/instituion. • Individuals who are searched and found to be in possession of illegal drugs or contraband are subject to arrest and referral for criminal prosecution pursuant to this Article. • If an arrest is initiated, those arrested, along with the drugs or contraband discovered, shall be turned over to ISU pending further direction from OIA. • Once the pre-booking process has been completed by CDCR staff, the arrestee(s) shall be transported by CDCR personnel or by local police/sheriff’s department to a designated detention facility. Arrestee(s) shall not be held at the pre-booking area beyond a reasonable amount of time necessary to complete the process. • In all cases where an individual is arrested for committing a criminal act while on institutional grounds in accordance with CCR, Title 15, Section 3316(a) and DOM Section 31140.20, a copy of the CDCR 837 form series, Crime/Incident Report; arrest reports; and staff reports documenting the arrest shall be forwarded to the OIA regional office and to the OIA Classifications Intelligence Unit along with the CDCR Form 989 (Part A) Confidential Request for Internal Affairs Investigation / Notification of Direct Adverse Action, and other supporting documents. A criminal investigative report and complaint shall be filed with the local District Attorney’s Office by OIA. • Searches of employees, employees of other government agencies, contract employees, contractors and their employees, and volunteers shall be conducted in accordance with Section 52050.15. 52050.28.6
§ 54090.4.2 Ch. 5 — Inmate Housing and Classification p. 517

Submission When seeking a response or outcome to a written request for an interv

...CDCR Form 22 to describe his or her request. • The inmate shall deliver or mail via institutional mail the completed form to any staff member who is able to respond to the issue. • The parolee shall deliver or mail via the United States Postal Service the completed CDCR Form 22 to his or her parole agent who shall respond to the issue or, as appropriate, route the form to another staff m...
54090.4.2 Submission When seeking a response or outcome to a written request for an interview, item or service, the inmate/parolee shall complete the CDCR Form 22 to describe his or her request. • The inmate shall deliver or mail via institutional mail the completed form to any staff member who is able to respond to the issue. • The parolee shall deliver or mail via the United States Postal Service the completed CDCR Form 22 to his or her parole agent who shall respond to the issue or, as appropriate, route the form to another staff member able to respond to the issue. • However, if the parolee mails the form, the receipted copy of their request may also be returned by staff via external mail services/US Mail. • The CDCR Form 22 process does not stay the time constraints for filing an appeal and therefore does not preclude the inmate or parolee from filing an appeal on the same issue prior to receiving a response to their written request. However, the appeal may be rejected by the appeals coordinator or designee and an extension granted to complete the request form process before resubmitting the appeal. • An employee shall not refuse the CDCR Form 22 unless exigent circumstances described in this article apply. 54090.4.3
§ 81050.4 Ch. 8 — Custody and Security p. 739

Daily Report Lines of Responsibility Unit Supervisor or Assistant Unit Superviso

... submit the information to the Regional Daily Report Coordinator via electronic mail. Any incidents that occur during normal business hours, yet following the submission of the Daily Report, shall be immediately reported by telephone the RPA through the chain of command, and via an additional electronic mail to the Regional Daily Report Coordinator. If no reportable incidents have occurred, the...
81050.4 Daily Report Lines of Responsibility Unit Supervisor or Assistant Unit Supervisor Submission of information for inclusion in the Daily Report shall not be delayed in an effort to gather additional information. No later than 0840 hours each business day, the unit supervisor or assistant unit supervisor shall complete the following: • Verify any potential reportable incident from their assigned parole unit by conferring with parole unit staff, reviewing local media (e.g., newspapers, internet sites, and television stations), and reviewing arrests of offenders that occurred after business hours. • The information shall include, if known: • The name, CDC number, and California Static Risk Assessment score of the parolee(s) involved in the incident. • Assigned parole unit(s). • Name and classification of any California Department of Corrections and Rehabilitation (CDCR) staff involved. • A brief summary of the incident. • The names of outside agencies involved, and their role in the incident, if applicable. • The names of the media organizations that may have reported or will likely report the incident, if applicable. After the information is compiled, submit the information to the Regional Daily Report Coordinator via electronic mail. Any incidents that occur during normal business hours, yet following the submission of the Daily Report, shall be immediately reported by telephone the RPA through the chain of command, and via an additional electronic mail to the Regional Daily Report Coordinator. If no reportable incidents have occurred, the unit supervisor or assistant unit supervisor shall send an electronic mail to the Regional Daily Report Coordinator stating that there are no reportable incidents. All telephone contacts shall be followed up with a written summary of the incident for inclusion in the Daily Report no later than 0840 hours the next business day. After completion of the electronic mail to the Regional Daily Report Coordinator, the unit supervisor, or designee, shall ensure a complete Field Incident Report package, using the forms described in section 81050.4.1, is completed and submitted to the RPA through the chain of command within 24 hours of notification of a reportable incident. If the package cannot be completed within 24 hours, the unit supervisor or designee shall document the reason for the delay on the CDCR Form 1662-A, Field Incident Report: Part A-Cover Sheet. Regional Daily Report Coordinator No later than 0850 hours, the Regional Daily Report Coordinator shall compile the information from each parole unit and submit it via electronic mail to the DAPO Policy and Procedures Unit, [email protected] . Any reportable incidents that occur during business hours but after the submission by the Regional Daily Report Coordinator shall be immediately reported by telephone to the Regional Parole Administrator through the chain of command. The Regional Daily Report Coordinator shall submit a supplemental electronic mail to the DAPO Policy and Procedures Unit no later than 1630 hours. Information received after 1630 hours shall be included on the following business day’s Daily Report. Policy and Procedures Unit Staff Policy and Procedures Unit staff shall prepare the Daily Report for the DAPO Director, and other staff designated by the DAPO Director, under timeframes and in a format prescribed by the DAPO Director. 81050.4.1
§ 31030.4.1 Ch. 3 — Personnel p. 137

How to Submit Nominations Revised June 23, 2023 (a) An employee may be nominate

...ployee personnel number, i.e., PERNR; facility or work location; employee’s email address; supervisor’s name; the date of the incident; a brief description of the incident or summary of their exemplary service (not to exceed space provided); and the name, position, and email address of the person submitting the nomination. (2) If additional or substantiating material, such as incident report...
31030.4.1 How to Submit Nominations Revised June 23, 2023 (a) An employee may be nominated for a departmental award by any supervisory or managerial employee. Supervisors and managers have a duty to recognize heroic acts and exemplary service. The CDCR Form 1330, Medal of Valor Employee Nomination Form, used to recognize a colleague for an act of heroism, bravery, or exemplary service, shall be submitted to the hiring authority for approval. The nominee shall have acted while on duty, or if off duty, while in a departmental facility or in the community. All nomination information shall be confirmed by the nominee’s supervisor. (b) The Medal of Valor Awards Program operates on a calendar year basis. All awards for nominations submitted for which the incident occurred between January 1st and December 31st of each year are presented in September of the following year. (c) Nominations are due to the Assistant Secretary, Office of Public and Employee Communications (OPEC), or their designee, by January 31st of the following year in which the incident or exemplary service occurred. (d) The CDCR Form shall be forwarded to the Assistant Secretary, OPEC, or their designee. (e) All nominations shall include: (1) A completed CDCR Form 1330 for each employee being nominated. Each CDCR Form 1330 shall include the employee’s full name; position; title or rank; employee personnel number, i.e., PERNR; facility or work location; employee’s email address; supervisor’s name; the date of the incident; a brief description of the incident or summary of their exemplary service (not to exceed space provided); and the name, position, and email address of the person submitting the nomination. (2) If additional or substantiating material, such as incident reports, statements of witnesses, news stories, images, etc., are needed, no more than three one- sided sheets (8½” x 11”) may be used. (f) All forms and additional information for each submission must be scanned into one PDF file. (g) The nomination package shall be sent via email to the Assistant Secretary, OPEC, or their designee, by January 31st of the year after the incident took place. Each nomination shall be sent in a separate email except when multiple employees are involved in the same incident. When multiple employees are involved in the same incident, a separate CDCR Form 1330 shall be submitted for each employee and combined in the same email. 31030.4.2
§ 31070.8.5 Ch. 3 — Personnel p. 166

Renewal of Endorsement (a) An honorably retired Peace Officer requesting the ren

...the retirement type is “disability.” (6) CDCR Form, 2164 and/or OPOS email verifying fingerprints are on file. (7) Live scan fingerprints are required only once from each retiree, if the live scan was correctly submitted at the time of the initial CCW application. (8) If they were correctly submitted for the initial CCW, they are no longer required. (9) Email OPOS at CDCRlivescan@CD...
31070.8.5 Renewal of Endorsement (a) An honorably retired Peace Officer requesting the renewal of their CCW endorsement is to obtain and complete the forms listed below and submit them to EOU 60-90 days prior to the expiration date on their current retired Peace Officer ID card. A retiree may request renewal forms at any CDCR personnel office (institutions and headquarters) regardless of the hiring authority. (b) That personnel office shall be responsible for: (1) Obtaining a current photo. (2) Verifying live scan prints are on file with OPOS LSU. (3) Processing CDCR Form 894-A, and (4) sending the entire application package to EOU CCW Coordinator for processing and approval by the EOU Captain. (c) The CCW renewal application shall consist of the following forms and documents: (1) CDCR Form 894-A. (2) CDCR Form 1051. (3) CDCR Form 1052. (4) CDCR Form 1053. Only required for medical disability retirements and/or when the applicant answered yes to either questions 4, 6, 7 or 8 on the CDCR 1051. (5) CalPERS “approval of disability” letter if the retirement type is “disability.” (6) CDCR Form, 2164 and/or OPOS email verifying fingerprints are on file. (7) Live scan fingerprints are required only once from each retiree, if the live scan was correctly submitted at the time of the initial CCW application. (8) If they were correctly submitted for the initial CCW, they are no longer required. (9) Email OPOS at [email protected] to verify the retiree’s name and fingerprints are in the live scan database. Submit OPOS’s verification email with the renewal CCW application. (10) If the retiree’s fingerprints are not in the database, the retiree must be live scanned with payment of all applicable fees. Note: If the fingerprints are deleted through the “No Longer Interested” process, there is no charge to the retiree for the re-live scan. (11) See Subsection 31070.8.3 “Initial Endorsement Procedures” for live scan instructions. (12) Enter “inst. - date” on the “Your Number” line. (13) The OPOS Form 8016 must be faxed to the OPOS by the Live Scan operator or retiree. (14) At least the DOJ and FBI responses must be received back prior to forwarding the renewal package to the OCS. (15) CDCR Form 2164 is included only if Live Scan is required. (d) The EOU CCW Coordinator shall review the documents. The renewal application shall be approved, unless there is good cause to deny/revoke for reasons outlined in Subsection 31070.8.3.1 of this policy. If the application is approved, the Captain, EOU, shall sign the CDCR Form 1052. The approved 1052 will be scanned/emailed or faxed to the location where the retiree will be issued a new retired ID card, with CCW endorsement. The expiration date is calculated as five years from the date of approval. That expiration date and the ID number shall be written on CDCR Form 1052 by the Personnel Office and faxed or scanned/emailed back to the EOU for entry into the database. (e) If, for administrative or procedural purposes, an extension of the privilege to carry a concealed firearm is necessary, the Captain, EOU, may authorize an extension of up to 90 days. 31070.8.5.1
§ 54010.9 Ch. 5 — Inmate Housing and Classification p. 467

Inspection of Incoming and Outgoing Packages All incoming packages addressed to

...l outgoing packages shall be inspected for contraband prior to being sealed and mailed. • When there is reasonable cause to believe the mail presents a threat to the security of the facility or the safety of persons, mailing or delivery may be delayed to allow for staff translation of the correspondence, if needed. When such delay exceeds 48 hours from the date received at the facility or fro...
54010.9 Inspection of Incoming and Outgoing Packages All incoming packages addressed to an inmate shall be opened and inspected in the presence of the inmate. The contents of the package are inspected to record authorized personal property and to prevent the introduction of contraband. Delivery by staff of packages and special purchases shall be completed as soon as possible, but not later than 15 calendar days, except during the holiday season and during lockdowns of affected inmates. Packages shall be inspected pursuant to institutional policy. Packages shall be processed and issued from a designated distribution area. All outgoing packages shall be inspected for contraband prior to being sealed and mailed. • When there is reasonable cause to believe the mail presents a threat to the security of the facility or the safety of persons, mailing or delivery may be delayed to allow for staff translation of the correspondence, if needed. When such delay exceeds 48 hours from the date received at the facility or from the date submitted for mailing by the inmate, the inmate shall be promptly notified in writing of the delay, the reason for the delay, and all subsequent determinations and actions regarding that item of mail. 54010.10
§ 54010.22.1 Ch. 5 — Inmate Housing and Classification p. 470

Process for Approval/Denial of Correspondence Requests Inmates may initiate requ

...roved CDCR Form 1074 shall be forwarded to both institutional mailrooms. When an initiating inmate’s request to correspond with another inmate meets the criteria for approval, and no prior approval exists, the CCI/PAI shall ensure that a CDCR Form 1074 is completed. If the request is approved, staff shall retain the fifth page at the requesting institution/parole office. The...
54010.22.1 Process for Approval/Denial of Correspondence Requests Inmates may initiate requests to correspond with the above by sending their Correctional Counselor I (CCI) an Inmate Request for Interview form. Parolees may initiate request by contacting their Parole Agent (PA). The CCI/PA shall interview the inmate/parolee and/or review their C- file/Field File to obtain the information required to process an inmate’s Request for Correspondence Approval. If an inmate’s request to correspond with another inmate/parolee is denied, the CCI/PA shall annotate the reason for denial on the Inmate Request for Interview. The Inmate Request for Interview shall be returned to the inmate. A CDCR Form 1074, Request for Correspondence Approval, shall not be generated for the initiating inmate whose request is denied. When reviewing the initiating inmates C-file, staff shall ascertain whether prior approval exists. If prior approval exists, a copy of the previously approved CDCR Form 1074 shall be forwarded to both institutional mailrooms. When an initiating inmate’s request to correspond with another inmate meets the criteria for approval, and no prior approval exists, the CCI/PAI shall ensure that a CDCR Form 1074 is completed. If the request is approved, staff shall retain the fifth page at the requesting institution/parole office. The remaining four pages shall be forwarded, intact, to the institution/parole office/probation office/other county, state or federal facility where the other requested correspondent is housed. Neither a photocopy of the CDCR Form 1074, nor the fifth page, shall be forwarded to the C-File or mailroom while the correspondence approval is pending. If the request to correspond is denied at the institution/parole office/probation office/other state correctional facility, the reason for denial shall be annotated on the CDCR Form 1074, and it shall be returned, in its entirety, to the sending institution/ parole office. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 462 Copies/photocopies shall not be delivered to the requested inmate, the receiving institutions mailroom, or the housing unit. Upon receipt of the disapproved CDCR Form 1074, staff at the sending institution/field office shall ensure that the 2 nd page is returned to the initiating inmate. If correspondence is approved at the institution/parole office, staff shall ensure that the CDCR Form 1074 is completed. They shall retain the third and fourth pages for distribution. If the third page and fourth pages are not legible, the CCI/PAI shall make photocopies of the first page prior to forwarding the completed CDCR Form 1074 to the sending institution. The approved CDCR Form 1074 is distributed as follows: • Page 1 (original) returned to initiating inmate/parolees institution/parole office for placement in the initiating correspondents file. • A photocopy of page 1 (original) shall be made for the mailroom at both the sending and receiving institutions. • Page 2 (NCR Copy) returned to initiating inmate/parolees institution/parole office for deliver to the inmate. • Page 3 (NCR copy) kept by the receiving institution/parole office for placement in the requested correspondents file. If this page is not legible, a photocopy of page 1 shall also be placed in the C-File, attached to page 3. • Page 4 (NCR copy-or photocopy) kept by the receiving institution/parole office for the requested correspondent. If this page is not legible, a photocopy of page 1 shall be made and given to the requested correspondent with page 4. Photocopies of the CDCR Form 1074 shall not be made for the housing unit(s). The housing units shall not keep records of approved correspondents. The mailroom supervisor shall establish and maintain a record of approved CDCR Form 1074’s. When a CDCR inmate requests to correspond (and meets the criteria for approval) with an inmate in a county, state, or federal facility, the CCI shall ensure that a CDCR Form 1074 is completed along with a cover letter that thoroughly explains the need for the CDCR Form 1074. Upon receipt of the approved CDCR 1074 from the specific agency, the CCI shall distribute the form as outlined above. When a request for correspondence between inmates is received from another county, state, or federal facility (and meets the criteria for approval) the CCI shall ensure that a CDCR Form 1074 is completed and returned to the agency with a cover letter that thoroughly explains the need for the CDCR Form 1074. Upon receipt of the approved CDCR 1074 from the specific agency, the CCI shall distribute the form as outlined above. If the request is denied, the CCI shall ensure that a letter is forwarded to the requesting agency thoroughly explaining the denial. There shall be no limits set on the number of times approved inmates can correspond with one another unless revoked per the procedures outlined below. The approval to correspond may be revoked due to disciplinary violations involving correspondence between the inmates/parolees or as a result of a classification action based on safety and security. Any such restriction, or revocation of approval, shall be communicated to inmate(s)/parolee(s) and to the warden(s)/parole administrator(s) of the institution/facility where the inmate(s)/parolee(s) are housed. 54010.22.2
§ 54020.8 Ch. 5 — Inmate Housing and Classification p. 473

Visitor Application Procedure Revised April 3, 2014 All adult visitors shall be

...6 shall be processed as follows: • The inmate is responsible for mailing CDCR Form 106 to any prospective visitor(s). • The applicant shall return the completed form with an original signature via a common carrier or personal delivery to the institution, Attn: Inmate Visiting. • The CDCR Form 106 shall not be accepted from inmates. • Visiting staff will proc...
54020.8 Visitor Application Procedure Revised April 3, 2014 All adult visitors shall be required to obtain the institution/facility’s approval before being permitted to visit, except as otherwise authorized in this Article. Visitor applicants shall complete and sign a CDCR Form 106, Visiting Questionnaire. In order to retain the status of approved visitor, a new CDCR Form 106 shall be submitted whenever there is a change in the visitor’s address, telephone number, or arrest history or periodically upon request. The frequency of any periodic update initiated by the institution/facility shall be no more than once every two years. Upon receipt of an updated CDCR Form 106 and absent information that would warrant immediate disapproval, the visitor shall be allowed to visit pending review and approval of the updated information. A new CDCR Form 106 shall be submitted prior to visiting any inmate returned to an institution/facility from parole, or admitted into a substance abuse treatment control unit while on parole. Any visitor approved at one institution/facility shall be approved to visit the same inmate upon a transfer to another institution/facility provided the visitor’s approval status remains unchanged. The CDCR Form 106 shall be processed as follows: • The inmate is responsible for mailing CDCR Form 106 to any prospective visitor(s). • The applicant shall return the completed form with an original signature via a common carrier or personal delivery to the institution, Attn: Inmate Visiting. • The CDCR Form 106 shall not be accepted from inmates. • Visiting staff will process only those Visiting Questionnaires that have been sent by the inmate to a prospective visitor in accordance with the provisions of CCR Subsections 3172(a) and (e). Forms reproduced from any other source, such as from an Internet download, will not be accepted for processing. • Some other legitimate verification of inmate mailing of the questionnaire may be proved with an original dated signature provided by the inmate on the form in question. Questionnaires lacking such inmate mailing verification may not be processed absent alternative proof that the requirements of 3172(a) have been met or there is explanation for the absence of a signature. Acceptable explanations for the absence of a signature include, but are not limited to: • A documented physical and/or mental condition or disability that may exclude the inmate from mailing and/or signing the questionnaire. • Verification of inmate mailing has been established by other means, such as a date officially stamped by the institution or by a staff signature. • In accordance with CCR Subsection 3172(e) the visitor has been directed to update a questionnaire on file by designated staff in conjunction with a periodic review or a change in name, address, telephone number, or arrest history. • When the completed CDCR Form 106 is received and processed at the institution/facility, the inmate shall receive a SOMS Notice of Visitor Approval/Disapproval. • Inmates shall be responsible for notifying visitor applicants of their approval to visit. • Visitors may be required to contact the Department of Justice regarding their criminal or arrest history. 54020.8.1
§ 81010.5 Ch. 8 — Custody and Security p. 690

Pre-Release Video Conference Procedures (a) Parole agents assigned to a speciali

... times; send the scheduling options to the assigned parole agent via electronic mail. (B) Confirm with the parole agent the amount of time required (30 or 60 minutes) to complete the PRVC. (C) Provide at least 14 calendar days advance notice of the PRVC appointment to the parole agent. Due to institutional staffing and other factors beyond the control of CTP, only two PRVC appointment attempts w...
81010.5 Pre-Release Video Conference Procedures (a) Parole agents assigned to a specialized sex offender caseload shall make every effort to conduct, facilitate, or both a PRVC for every inmate required to register as a sex offender who will be released on parole; unless one or more of the exceptions listed in this section exist. The PRVC shall normally be scheduled during normal business hours, and at times least likely to disrupt institutional operations. A PRVC conducted at any other time requires prior approval of the CTP PAII Supervisor where the inmate is housed. Parole agents are permitted to utilize state issued electronic equipment (i.e. mobile phone or laptop computer) for the purpose of conducting a PRVC via Skype for Business and/or Lync. (b) Scheduling (1) The Adult Parole Offender Management System (APOMS) will notify the assigned CTP PSA 90 days prior to release of a DAPO sex offender. (2) The PSA shall: (A) Determine two PRVC scheduling options on separate dates and times; send the scheduling options to the assigned parole agent via electronic mail. (B) Confirm with the parole agent the amount of time required (30 or 60 minutes) to complete the PRVC. (C) Provide at least 14 calendar days advance notice of the PRVC appointment to the parole agent. Due to institutional staffing and other factors beyond the control of CTP, only two PRVC appointment attempts will be exchanged with the assigned parole agent. (D) Schedule the PRVC on the third attempt, if two previous scheduling attempts were unsuccessful, or if an appointment that was previously determined was not successfully completed. (E) Notify the assigned parole agent and the unit supervisor of the appointment by electronic mail, to include a Skype for Business or Lync meeting invitation via Microsoft Outlook. (3) If the parole agent cannot attend the PRVC, the parole agent shall notify the unit supervisor and request to be waived from attending that specific PRVC. The unit supervisor shall assign parole agent coverage for the PRVC and notify the PSA of the change. The PSA will send the parole agent covering the PRVC and the unit supervisor a Skype for Business/Lync scheduling invitation. (c) Equipment Each CTP PSA will be issued and trained on the use of their PRVC equipment. In the event there are technical issues with the PRVC equipment and the inmate is present, every attempt should be made to facilitate the meeting via telephone (if available). (d) Conducting a Pre-Release Video Conference CTP staff shall adhere to local institutional safety procedures at all times. CTP staff shall ensure they have appropriate safety equipment (whistle, personal alarm device, etc.) prior to entering the PRVC location. CTP staff shall also ensure the camera is positioned in a manner that will not result in areas, staff, or inmates not involved in the PRVC being visible on the screen. (e) Community Transition Program (1) To facilitate a PRVC, the PSA shall be responsible for the following tasks: (A) Provide the parole agent with two alternative appointment dates and times. If scheduling conflicts prevent a PRVC appointment from being scheduled during the first two attempts, the PSA will select an appointment date and time on the third attempt. (B) Enter the PRVC appointment in the Microsoft Outlook calendar and send a Skype for Business or Lync meeting invitation to the assigned parole agent and unit supervisor. (C) Record the scheduling of the PRVC in APOMS. (D) Request a priority ducat for the PRVC appointment: date, time, and location. (E) Notify the assigned parole agent, unit supervisor, and CTP parole agent supervisor as soon as possible if the scheduled PRVC is no longer possible at the institution or if conditions in the institution (such as a modified program or inability to move the inmate to the video conference location) prevent the PRVC from occurring. If possible, provide the parole agent an alternative PRVC appointment. (F) Review DECS and if it is determined that effective communication, reasonable accommodations, or a Sign Language Interpreter (SLI) is required, make appropriate arrangements pursuant to current DAPO policy. (G) Schedule SLI services by contacting the Parole Litigation Management Unit via electronic mail at [email protected] and provide the requested date, time, and location for the SLI services. SLI appointments shall be scheduled at least five business days in advance. (H) Schedule Foreign Language Interpreter Services (FLI) by contacting the respective parole regions and provide the requested date, time, and location for the FLI services. FLI appointments shall be scheduled at least five business days in advance. (I) Log into the video conference system and confirm the system is functioning with the parole agent. If the PRVC is being conducted in a non- confidential location, notify the parole agent prior to the start of the PRVC. (J) If the inmate does not report for the PRVC, notify appropriate institution staff according to institution procedures. (K) If the parole agent does not begin the PRVC within 15 minutes of the designated start time, the PSA may cancel the PRVC. The PSA shall notify the parole agent, unit supervisor, and CTP supervisor of the cancellation. The PSA will need to initiate another PRVC appointment by emailing the parole agent. A new appointment will need to be established following the procedures outlined in this section. (L) Upon completion of the PRVC, the PSA will select “Completed” from the APOMS drop-down menu. (M) If a scheduled PRVC is not completed, the PSA shall record the PRVC as “Attempted” in APOMS and select the reason the PRVC was not completed from the APOMS drop-down menu. (f) Parole Agent (1) Prior to conducting the PRVC, the parole agent shall: (A) Review the RPS. (B) Review DECS to determine if effective communication, reasonable accommodations, an SLI, or a combination of the above are needed. If an SLI or a Foreign Language Interpreter is required, the PSA will ensure the SLI or Foreign Language Interpreter is available at the time of the PRVC. (C) Log into the video conference system and confirm the system is functioning with the PSA in the institution. If the PRVC does not commence within 15 minutes of the scheduled start time, the parole agent may cancel the PRVC. A new appointment shall be established following the procedures outlined in this section. (D) Determine if the PRVC will be conducted in a non-confidential location. If so, the parole agent shall not discuss any topic that may jeopardize the inmate’s safety. (2) During the PRVC, the parole agent shall review: (A) Reporting instructions. (B) NOC and SCOP. (C) Direct placement into a CDCR-funded program, if the inmate has not already accepted a direct placement, or other residence and employment plans. (D) Discharge consideration criteria. (E) Pre-release services and benefit referrals (e.g., Medi-Cal enrollment, California Identification Card, Transitional Case Management Program, Veteran’s benefits, Social Security). (F) If time permits, the parole agent may conduct the comprehensive interview, and document it on the CDCR Form 1650-B, Initial/Comprehensive Interview. If the comprehensive interview is conducted and no changes occur prior to the inmate’s release, a new c omprehensive interview is not required. (G) The parole agent shall document the PRVC in the electronic ROS and if effective communication or reasonable accommodation was required, document the type of accommodation provided to achieve the inmate’s understanding. (g) Unit Supervisor (1) The unit supervisor shall: (A) Ensure compliance with Section 81010.5. (B) Ensure the video conferencing equipment is accessible to the parole agent prior to the PRVC. (C) Maintain a log of PRVC equipment usage with the following information: 1. Date and time PRVC equipment is to be used. 2. Parole agent using equipment. (D) Ensure parole agents document effective communication and other reasonable accommodations in the automated ROS and on the CDCR Form 1650-B. (E) Determine a location in the parole unit where confidentiality will be maintained during the PRVC. (h) Exceptions (1) CTP staff will not facilitate a PRVC if any of the following apply: (A) The inmate will be released to a USICE warrant or detainer. (B) The inmate declines to attend the PRVC. (C) The inmate is housed at a California Out-of-State Correctional Facility (COCF), Fire Camp, Male Community Reentry Program (MCRP), or Custody to Community Transitional Reentry Program (CCTRP). (D) The inmate is housed in a Security Housing Unit (SHU), Administrative Segregation (AD-SEG) Unit, Psychiatric Services Unit (PSU), Mental Health Crisis Bed, or the inmate is housed in a location in which the inmate cannot report to the PRVC location. (E) The local conditions where the inmate is housed prevents the PRVC from being conducted. (F) A PRVC is scheduled, but the inmate’s release date is adjusted, resulting in the inmate being released prior to the scheduled PRVC. (2) In the event a PRVC is not conducted for an inmate due to any of the above exceptions, the PSA shall notify their immediate supervisor via electronic mail as soon as possible. (3) If for any reason(s) the PSA is unable to schedule a PRVC based on the volume of requests, the PSA shall notify their immediate supervisor as soon as reasonably possible. The supervisor shall then notify their PAIII who will identify alternate arrangements for conducting the PRVC, when possible. Should there be no available alternatives, the CTP PAIII will be authorized to waive the PRVC for impacted inmates. The PAIII shall inform the parole agent and unit supervisor of the inability to complete a PRVC. 81010.6
§ 101050.15 Ch. 10 — Use of Force p. 858

Gifts Correspondent/Visitor Inmates may give gifts of handicraft items produced

...ems produced by themselves to any correspondent or visitor by "gate pickups and mail outs" within the following limits: • Gate pickups: No limit on gate pickups. Packages remaining at the entrance gate/reception desk for more than two weeks shall be returned to the inmate. • Mail outs: No limit on mail outs, but all shipping and wrapping charges shall be prepaid by the inmate by sign...
101050.15 Gifts Correspondent/Visitor Inmates may give gifts of handicraft items produced by themselves to any correspondent or visitor by "gate pickups and mail outs" within the following limits: • Gate pickups: No limit on gate pickups. Packages remaining at the entrance gate/reception desk for more than two weeks shall be returned to the inmate. • Mail outs: No limit on mail outs, but all shipping and wrapping charges shall be prepaid by the inmate by signing a CDC Form 193, Trust Withdrawal Slip. • All gifts shall be searched and sealed by the handicraft manager prior to mailing or gate pickups. All gate pickups and mail outs shall be at the inmate's risk. Inmates Inmates, with prior approval of the handicraft manager, may give, donate, or loan handicraft tools and materials to other inmates who are properly enrolled in an approved handicraft program. The recording of transactions shall be made by the handicraft manager. No gift may be given to or be accepted by an employee of the Department. 101050.16
§ 51080.5 Ch. 5 — Inmate Housing and Classification p. 373

Inmate Civil Rights PC 2601 specifies that inmates shall have the following civi

...blic office, provided that the prison authorities may open and inspect incoming mail, in the presence of the addressee, to search for contraband. Confidential correspondence shall be processed in accordance with CCR 3141 through 3145. Inmate Mail • To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the USPS. Disapproved ma...
51080.5 Inmate Civil Rights PC 2601 specifies that inmates shall have the following civil rights: Inmate Real or Personal Property • To inherit, own, sell, or convey real or personal property, including all written and artistic material produced or created by such person during the period of imprisonment. However, to the extent authorized in PC 2600, CDCR may restrict or prohibit sales or conveyances that are made for business purposes. Confidential Correspondence • To correspond, confidentially, with any member of the State Bar of California or holder of public office, provided that the prison authorities may open and inspect incoming mail, in the presence of the addressee, to search for contraband. Confidential correspondence shall be processed in accordance with CCR 3141 through 3145. Inmate Mail • To purchase, receive, and read any and all newspapers, periodicals, and books accepted for distribution by the USPS. Disapproved mail shall be handled in accordance with CCR 3136. Pursuant to this section, prison authorities may exclude any of the following matter: • Obscene publications or writings, and mail containing information concerning where, how, and from whom this matter may be obtained. • Any manner of contraband as described in CCR 3006. • Any matter concerning gambling or a lottery. Nothing in this section shall be construed as limiting the right of prison authorities to open and inspect any and all packages received by an inmate. Inmates may possess a reasonable number of publications, including books, magazines, and newspapers, as directed by the Authorized Personal Property Schedule in DOM 54030.17. Publications addressed to inmates shall be processed in accordance with CCR 3134.1. Other Rights • To initiate civil actions, subject to a $3 filing fee to be collected by CDCR in accordance with the procedures set forth in DOM 14010.19.1. • To marry, subject to the procedures provided under DOM 101070. • To create a power of appointment. • To make a will. • To receive all benefits provided for in Labor Code 3370 and 3371 (Worker’s Compensation Benefits for Inmates) and in PC 5069 (Rehabilitative Programs for Injured Inmates). 51080.6
§ 54100.8 Ch. 5 — Inmate Housing and Classification p. 519

Supporting Documents Prior to the submission of an appeal to the appeals coordin

...ch is completed and returned to the institution/facility by the parole region. Mail • An appeal of disallowed/disapproved mail, magazine, or publication shall include as a supporting document the CDCR Form 1819, Notification of Disapproval-Mail/Packages/Publications, which is received by the inmate informing him or her of the disapproval of the mail, magazine, or pu...
54100.8 Supporting Documents Prior to the submission of an appeal to the appeals coordinator, the inmate or parolee shall obtain and attach all supporting documents necessary for the substantiation, clarification and/or resolution of his or her appeal issue. • The inmate or parolee shall not delay submitting an appeal within time limits established in DOM 54100.16. If unable to obtain supporting documents, he or she shall submit the appeal with all available supporting documents and provide in the CDCR Form 602-1 an explanation why any remaining supporting documents are not available. • The time limits for filing an appeal are not stayed by failure to obtain supporting documentation. • Failure to attach all necessary supporting documents may result in the appeal being rejected as specified in CCR Title 15 §3084.6/DOM §54100.11. The appeals coordinator (or when appropriate, third level Appeals Chief) shall in such circumstances inform the inmate or parolee that the appeal is rejected because necessary supporting documents are missing. The appellant shall be allowed an additional 30 calendar days to secure any missing supporting documents and resubmit the appeal. • The appeals coordinator may grant additional time extensions beyond the initial 30 calendar day extension if the inmate or parolee submits a reasonable explanation why the supporting documents still are not available. • Appellants shall not attach copies of previously processed appeals as supporting documents to the present (current) appeal, except when appealing a previously cancelled appeal or when expressly requested by the appeals coordinator. The appeals office shall clearly stamp as “attachment” any appeals form (Form 602 -1 or 602-2) submitted as an exhibit under these circumstances. Supporting documents include, but are not limited to, the inmate’s or parolee’s copy of the following: Disciplinary • An appeal of an administrative or serious disciplinary action requires as supporting documentation the completed CDC Form 115, Rules Violation Report (RVR). • A disciplinary action is not considered complete until all processing requirements including the hearing, postponement, and any re-hearing are completed as evidenced by the signature of the Chief Disciplinary Officer (CDO). • The date that the final RVR copy is issued to the appellant shall serve to establish the time limits for filing an appeal of the RVR, not the date of the disciplinary hearing. • An appeal of a CDC Form 128-A, Custodial Counseling Chrono requires a CDC Form 128-A to be submitted as a supporting document. Classification • An appeal of a classification committee action requires as supporting documentation the CDC Form 128-G, Classification Chrono, reflecting the committee’s action under appeal. If the committee’s action did not include a referral to the Classification Services Representative (CSR), the date of the committee’s action shall serve to establish the time limits for filing an appeal. • An appeal of a classification committee action that requires CSR endorsement or decision including, but not limited to, affixing a suffix or assessing an administrative determinant, shall include the CDC Form 128- G reflecting the CSR’s endorsement or decis ion. The date of the CSR’s endorsement or action shall serve to establish time limits for Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 511 filing an appeal. • An appeal of a classification committee action recommending transfer to another facility, prison, or program requiring CSR endorsement or decision, shall include as a supporting document, the CDC Form 128- G reflecting the CSR’s endorsement or decision. The filing of an appeal of a transfer endorsement/decision shall not normally be cause to stay or delay the transfer except in extraordinary circumstances and at the discretion of the Warden or designee. Parole • An appeal of conditions of parole, including special conditions, requires as supporting documentation the inmate/parolee’s CDCR Form 1515, Notice and Conditions of Parole. A verified copy of the original Notice and Conditions of Parole shall be accepted by the appeals coordinator in place of the parolee’s copy. • An appeal of county of last legal residence may be submitted within 30 calendar days following the inmate’s receipt of the CDCR Form 611, Release Program Study, which is completed and returned to the institution/facility by the parole region. Mail • An appeal of disallowed/disapproved mail, magazine, or publication shall include as a supporting document the CDCR Form 1819, Notification of Disapproval-Mail/Packages/Publications, which is received by the inmate informing him or her of the disapproval of the mail, magazine, or publication under appeal. Property • An appeal of a property issue resulting from a cell/dorm/room search shall include the search receipt as a supporting document. • An appeal of a property issue arising from the inmate’s placement in segregated housing shall include a copy of the CDCR Form 1083, Inmate Property Inventory, reflecting staff’s inventory of the inmate’s property at the time of his/her placement in segregated housing. • An appeal of a property issue arising from the inmate’s transfer shall include a copy of the CDCR Form 1083 from the sending institution which reflects staff’s inventory of the inmate’s property in preparation for the inmate’s transport/transfer, and a cop y of the CDCR Form 1083 provided to the appellant at the time of receipt of his/her property at the receiving institution. CDCR Form 22 • The original of the CDCR Form 22, Inmate/Parolee Request for Interview, Item, or Service, processed through the supervisory level pursuant to CCR Title 15 §3086 need not be included as supporting documentation in the following appeal instances: • Classification committee actions. • Classification Staff Representative endorsements/decisions. • Disciplinary rules violations. • Emergency appeals. • Involuntary psychiatric transfers to state hospitals or Department of Mental Health Facilities. • Staff complaints. • CALPIA Health or Safety complaints. • Any appeal wherein the appeals coordinator determines that the appellant’s submittal of a CDCR Form 22 is unwarranted and/or would not contribute to the outcome of the appeals process. • An inmate or parolee who intends to file an appeal shall not delay in filing the appeal if the written request process is not yet complete. The inmate or parolee shall note on the CDCR Form 602-1 that a response is pending at the time of the appeal submission. • If a completed CDCR Form 22 is essential for further appeal processing but not yet available to the appellant, the appeals office shall date stamp the appeal and reject it for missing documentation. However, the appellant will have met time constraints pending subsequent receipt and attachment of the pertinent CDCR Form 22. • In the event the completed CDCR Form 22 is not received by the appellant within 30 days of the appeal being rejected by the appeals office, the inmate or parolee shall send the appeal to the appeals office and request processing without the form. The appeals office may grant an additional extension if receipt of the form appears likely or process the appeal without such documentation. 54100.9
§ 72040.5.1 Ch. 7 — Self-Help/Volunteer Programs p. 622

Responsibility The following positions have certain responsibilities to ensure t

... certain responsibilities to ensure that the detainer system works accurately: Mail Room Supervisor The mail room supervisor shall establish a procedure to ensure that all correspondence to the facility which may include actual or potential hold information is immediately delivered to appropriate records personnel. Such correspondence includes communication from other law enforcement...
72040.5.1 Responsibility The following positions have certain responsibilities to ensure that the detainer system works accurately: Mail Room Supervisor The mail room supervisor shall establish a procedure to ensure that all correspondence to the facility which may include actual or potential hold information is immediately delivered to appropriate records personnel. Such correspondence includes communication from other law enforcement agencies, the DA, USINS and any out-of-state prison or parole division. Note : Inmate mail from the above agencies shall not be delivered to the records office. Case Records Staff All HWD correspondence received by mail, FAX or included in the prison package (reception center cases) shall be immediately opened, date/time stamped, initialed and delivered to the HWD coordinator. Telephonic communication that indicates an inmate may be wanted shall be referred to the HWD coordinator or to designated staff, if the coordinator or CCRS is not available. HWD Coordinator The coordinator shall prepare letters of inquiry or initiate FAX requests to resolve potential holds based on the CDC Form 850's completed by facility staff and complete necessary follow ups on any communication received from law enforcement agencies. The CDC Form 850 shall be attached to the top of the detainer section of the C-File and all such actions shall be entered in the HWD log. • The coordinator's initial request to obtain information (i.e., to request issuance of the hold to the Department) shall be completed within two working days with follow up at the nine-month, 60-day and 10-day audits prior to release. Telephonic follow up should be used at the 10-day audit. If a detainer exists or is believed to exist on an inmate, the HWD coordinator shall prepare a CDC Form 850 documenting the pertinent facts, further identifying, by placing a "P" for a potential hold or an "A" for an actual detainer; in the upper right-hand corner of the form, and immediately contacting the designated staff person responsible for evaluating the potential detainer. The designated staff person shall note the immediate action taken on the CDC Form 850, sign the entry and return the document to the HWD coordinator. • The coordinator shall record any information regarding an actual or potential detainer on a CDC Form 976, HWD Log. This includes information received in the form of documentation, telephonic information, untried indictments, hearsay, inmate statements, etc.. Each line entry on the log shall be initialed by the HWD coordinator, and the log shall be reviewed by the CCRS. The HWD coordinator and OBIS operator shall follow the same procedures outlined in DOM 72040.5.2. Correctional Counselor Upon an inmate's arrival the counselor shall interview the inmate and review all available reports, including, but not limited to: • POR • Abstract of Judgment • Sentencing transcript • Parole reports • Arrest history from CI&I and FBI SSCHs. The counselor shall complete and sign the CDC Form 850 for all felony arrests without dispositions that occurred within two years of the date the inmate was last received by the Department. The counselor shall also complete and sign the CDC Form 850 for misdemeanor offenses that occurred during the same period for inmates who are within three months of release at reception. • The form shall also reflect comments made by the inmate which pertain to recent criminality or references to criminal acts that might be found in the C-File. This form shall be promptly forwarded to the HWD coordinator for follow-up. Note : Counselors at receiving facilities shall review the inmate's C-File and complete an additional CDC Form 850 if information is found to warrant such. Watch Commander The watch commander shall review the CLETS terminal every four hours during first watch, third watch, and on weekends. They shall complete a CDC Form 850 on all actual or potential detainers received. They shall also designate the inmate's custody based on potential or actual detainers received and send a notice to the inmate’s counselor, requesting proper and immediate classification action. The CDC Form 850 shall be delivered to the HWD coordinator for follow up. When the records office is closed the watch commander or AOD shall contact the Identification (ID)/Warrant Unit at (916) 445-6713 or ATSS 485-6713 and request an OBIS inquiry of detainers before moving any inmate to lower custody placement. C&PR Prior to any temporary community leave (TCL), the C&PR or other designated staff shall review the inmate's C-File for hold information and complete the request for temporary leave/removal form. Prior to release to work furlough or parole, the C&PR shall review the inmate's C-File for detainer information and complete the CDC Form 128-G for community correctional center/parole. CSR Before approval for transfer of any inmate, the CSR shall review the inmate's C-File for detainer information and, if appropriate, take the required action. 72040.5.2
§ 72040.6.1 Ch. 7 — Self-Help/Volunteer Programs p. 624

Disposition of California Detainers If the detainer is from a California agency

...itiated in the reception centers. Case Records Staff Case records staff shall mail the CDC Form 643 to the DA by certified mail, return receipt requested. Trial Within 90 Days PC 1381 stipulates a person must be brought to trial within 90 days after written notification of the place of confinement. The 90-day period starts the day the DA acknowledges receipt of the CDC Form 643. Case Records ...
72040.6.1 Disposition of California Detainers If the detainer is from a California agency for untried charges, the inmate may request disposition of pending charges by filing a CDC Form 643, Demand for Trial in accordance with the provisions of PC 1381. Untried Charges Demands for trial should not be initiated in the reception centers. Case Records Staff Case records staff shall mail the CDC Form 643 to the DA by certified mail, return receipt requested. Trial Within 90 Days PC 1381 stipulates a person must be brought to trial within 90 days after written notification of the place of confinement. The 90-day period starts the day the DA acknowledges receipt of the CDC Form 643. Case Records Staff If the inmate is not brought to trial at the conclusion of the 90-day period, case records staff shall prepare: • A CDC Form 668, Affidavit in Support of Motion to Dismiss Pending Charges. • A CDC Form 669, Motion to Dismiss Criminal Charges Pending. • A CDC Form 670, Order of Dismissal. • A CDC Form 1006, Cover Memo - Motion to Dismiss. All of these forms shall be forwarded to the court having jurisdiction of the matter. Violation of Probation If the detainer is for violation of probation in a California county, the inmate may file a request for disposition of probation in accordance with provisions of PC 1203.2a. A CDC Form 616, Request for Disposition of Probation, Waiver of Appearance and Right to Attorney (PC 1203.2a), shall be used to request disposition of probation. Inmate The inmate may fill out a CDC Form 616 and forward it to case records. Case Records Staff Upon the inmate's written request, case records staff shall: • Prepare the form for signature by the inmate. • Mail the completed form to either the Superior Court or probation officer by certified mail, return receipt requested. 72040.6.2
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