Department Operations Manual

46020.3 Responsibility for Maintenance of EDP Equipment CLETS Maintenance coverage for CLETS equipment is the responsibility of the AISA or designee at the user location involved. Funding for maintenance coverage is the responsibility of the division, facility, or parole region procuring the equipment. DDPS ISD is responsible for obtaining maintenance coverage for all equipment associated with the DDPS. OBIS ISD serves as liaison among the Teale Data Center, headquarters, individual facilities, and parole locations for the provision of maintenance coverage for all equipment associated with the OBIS. Paroles Automated System ISD is responsible for obtaining maintenance coverage for all equipment associated with the Paroles Automated System. Personal Computers Maintenance coverage for personal computer equipment shall be obtained in accordance with the Department's Workgroup Computing Policy. 46020.4

49020.17 Modem Usage The critical and sensitive nature of the informational resources residing in CDCR ’ s computers requires stringent controls of devices attached to these computers, and over which persons are allowed to use these devices. All access to the CDCR ’ s systems shall be monitored and controlled by EIS. All other means of accessing CDCR systems including, but not limited to, wireless communication devices and dialup modem, are prohibited unless approved by the ISO. Modem use is restricted to computers not connected to the CDCR Network, unless such use is an approved part of the ISA. Requests for additional modems to be used within the CDCR teleprocessing environment are subject to approval. Modems may be used to access remotely the CDCR network resources through EIS-supported access mechanisms. They may also be used to provide access to the Internet and specific destinations and e-mail capability when such access is not available through the CDCR network resources. Justification and procurement of modems for these purposes shall be conducted in accordance with DOM, Chapter 4, Article 41, Departmental Workgroup Computing Policy. Specific restrictions on the use of modems are: • There shall be no inmate or parolee access to any computer for which a modem has been approved. Computers that are attached to modems shall not be located in areas where inmates or parolees have access. • No applications that were developed by inmates shall be implemented on a modem-equipped computer. • No modems shall be installed on any computer that is a part of a LAN that has been approved for inmate use. • The location and usage of all modems must be tracked and monitored at all times. • Computers with “pocket” modems may not be used within the secured perimeter of facilities. They shall not be used in parole offices unless the area where the modem is to be used is secured from parolee access. • Non-CDCR computers shall not access the CDCR Network via modem. 49020.18

51070.2 Purpose The purpose of this Section is to outline the duties of all staff involved when a death, serious injury, or illness of an inmate/parolee occurs. For purposes of this Section, parolee is defined as: a parolee currently incarcerated in a CDCR facility pending a revocation action by the Board of Parole Hearings, or in a CDCR facility based substance abuse treatment program. 51070.3

52070.19.8.2 Recapitulation Of Gang Affiliates All persons reported by the subject as being an affiliate, including dropouts, of any gang, including those previously noted in the narrative, shall be documented on a list in alphabetical order. The list shall be at the end of the debriefing report. If possible, the list shall contain each identified person ’ s full name, moniker, CDC number (or the words “ NON-CDC ” and date of birth [DOB]), hometown/area, gang involvement (AB Assoc., NF Cat III, etc.) and CDCR location (institution, parole region, or discharged). The required information may be obtained from the debriefed subject or via OBIS and CLETS. Only information referencing specific gang related association, participation, activities, and/or conduct shall be considered for, or as, a source item for validating the inmate/parolee as a member/associate of a gang. The CDC Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 419 Forms 812 and 812-C shall be updated as any critical information becomes known and is documented in the inmate/parolee’s central file. The forms shall also be reviewed and updated at the time of any change in the inmate/parolee’s status or placement. 52070.19.8.3

54010.18.3 Receipt of U.S. Government Checks for Transferred or Paroled Inmates If an inmate has been transferred to another institution/facility, the check shall be forwarded including a note requesting the inmate to notify the state or federal agency of their change of address. Mail received for inmates who have been paroled shall be forwarded to the office of the parole region to which the inmate was released, or if unable to locate the parolee, the check should be returned to the originating state or federal agency. 54010.18.4

54090.1 Policy It shall be Department policy to facilitate communication between staff and inmates and parolees via a written request process. Effective communication is essential to the orderly management of correctional settings as well as the success of prison, parole supervision , and rehabilitation programs. For that reason, the Department promotes constant communication between staff and inmates and parolees. Normally, when requesting items or service, the use of informal means of communication is encouraged for timely resolution of requests. When it is useful or necessary to document these attempts however, the provisions of this article shall afford inmates and parolees a means for so doing. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 508 54090.2

54100.14 Interviews In order to provide the appellant the opportunity to clarify his or her issue(s) and the reviewer to ask questions, at least one face-to-face interview with the inmate or parolee shall be conducted at the first level of review, unless: • The inmate or parolee waives the interview on the CDCR Form 602-1. An appellant’s waiver of the interview shall not preclude staff from conducting an interview in the event of a staff determination that an interview is necessary. • The first level review is bypassed, in which case a personal interview will be conducted at the second level unless waived by the inmate on the CDCR Form 602-1. • The appeal is a request for a Computation Review Hearing in which case the initial interview shall occur at the second level of review. • The reviewer has decided to grant the appeal in its entirety. • The appellant is not present at the institution or parole region where the appeal was filed. • In such case, a telephone interview with the appellant shall meet the requirement of a personal interview. • The response must note that the interview was conducted by telephone, explain the extraordinary circumstances that required it, and state why a face-to-face interview was not possible under the circumstances described. • If the appellant is not available for a telephone interview, the reviewer may request that an employee in that jurisdiction where the appellant is located conduct the interview on behalf of the appeal coordinator and provide a report. • If the appeal concerns a disciplinary action and the appellant has transferred, the telephone interview may be waived if the appeals coordinator determines an interview would not provide additional facts. Regardless of any inmate waiver, if additional clarification is needed, interviews may be conducted at the first or any subsequent level of review when the appeals examiner determines that the issue under appeal requires further clarification. • In addition, one or more of the participating inmates/parolees shall be interviewed as necessary to clarify issues when group or multiple appeals are processed. • Interviews may be conducted at the third level as necessary to obtain information not elicited at lower levels or to clarify the appeal issue(s), when the first and second level has been bypassed. 54100.15

54100.16 Fixed Time Limits In order to afford a timely review, the appeal shall be filed within 30 calendar days of the occurrence of the event or decision being appealed or of the inmate or parolee’s knowledge of the action or decision being appealed, or of receiving an unsatisfactory response to an appeal filed at the previous level, unless otherwise specified in this article. The acceptance, under exceptional circumstances, of an appeal beyond the 30 day policy is at the discretion of the appeals coordinator or third level Appeals Chief. The basis of this discretion shall be compelling evidence or receipt of new information, such as documentation from health care staff that the inmate or parolee was medically incapacitated and unable to file, supporting the conclusion that the appeal should be subject to further review. All appeals shall be responded to and returned within the following time limits: • First level responses shall be returned within 30 working days. • Second level responses shall be returned within 30 working days. • Third level responses shall be returned within 60 working days. With regard to time frames for response processing, “day one” commences the next working day following receipt of the appeals form by the appeals office. Exceptions to the above time limits may be authorized by the appeals coordinator in the event of: • Unavailability of the inmate/parolee, or involved witnesses. • Complexity of the decision, action, or policy requiring additional research by responding staff. • Necessary involvement of other agencies or jurisdictions. • Reopening of a lower level decision at the direction of the third level. • The normal time requirements for review and action on appeals has been suspended pursuant to a state of emergency as defined by 15 CCR §3383(c). Except for the third level, if an exceptional delay prevents completion of the Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 515 review within the specified time limits, the inmate or parolee shall be informed, in writing, of the reasons for the delay and estimated completion date. 54100.17

54100.21 Transfer Appeals A decision for transfer to another institution or facility may be appealed by the affected inmate after endorsement by the Classification Staff Representative (CSR). The filing of an appeal by the inmate shall not routinely stay or delay the pending transfer except in extraordinary circumstances and at the discretion of the Warden or designee. • For appeals of regular transfer endorsements: • The first level review is waived. • If the appeal is granted at the second level, the appellant’s case shall be presented to a second CSR for reconsideration. • If the second CSR disagees with the institution’s decision, the institution head may submit the case to the Department Review Board (DRB) for final decision. • If the appeal is denied at the second level, or the institution head does not refer the case to the DRB, the inmate/parolee may appeal to the third level. • For appeals of reception center transfers: • First level review shall be conducted by reception center staff at the level of correctional administrator. • If the appeal is granted, the inmate/parolee may be retained at the reception center until the case is presented to a second CSR only if the proposed transfer poses a threat to the health or safety of the appellant. • If the second CSR disagrees with the first level appeal decision, the inmate/parolee may resubmit the appeal for second level review. • Second level review shall be conducted by the institution head, who may retain the inmate/parolee at the reception center as a second level review action and refer the appeal to the DRB for resolution. The DRB’s decision shall constitute final review. 54100.22

54100.29.4 Hearing The case records supervisor/manager shall conduct the hearing during the inmate’s non -assigned hours. • Other staff designated by the institution/parole administration may attend this hearing. Location of the hearing shall be at the discretion of local authorities. • It may be necessary to conduct the computation review hearing by telephone for those inmates housed in camp, other jurisdictions and parolees. • If so, the completed notice of time, date, and place of computation review hearing shall reflect that the inmate/parolee was advised of the time of the hearing by telephone or other means. If it is determined an error has been made, the case records manager/supervisor shall grant the appeal and correct the error. • At the conclusion of the hearing, two completed copies of the CDC Form 1033, Computation Review Hearing Decision, shall be made. A completed copy shall be given to the inmate. • At the conclusion of a computation review hearing conducted by phone, the inmate/parolee shall be advised of the decision and that a completed computation review hearing decision shall be mailed that day. If the appeal is a matter that the Department has no authority to change, the appeal shall be denied. The appellant will be referred to the appropriate agency or court with jurisdiction of the matter for disposition. If the appeal is a sentencing discrepancy of which the Department seeks clarification from the sentencing court, the appeal shall be partially granted to the extent that an inquiry is being pursued and the Department shall pursue clarification of the noted discrepancy from the appropriate court. 54100.29.5

61020.10 Confidential Material Folders A removable confidential materials folder shall be provided in each C-file containing confidential information. Only case information, which meets the criteria for confidentiality shall be filed in the confidential material folder. Proposed confidential documents shall be reviewed, signed, and dated by a staff person at the Correctional Counselor (CC) III, Parole Agent (PA) III or higher staff level to approve their being marked confidential and placed in the confidential folder of an inmate's or parolee ’ s C-file or a parolee's parole field file. Classification Committee Every classification committee shall review the confidential material folder of each case being considered. If unclassified or inappropriately classified material is present, it shall be reclassified and appropriately refiled. 61020.11

61020.11 Confidential Material Security Every reasonable administrative, procedural, and physical safeguard shall be established and followed to ensure the security and confidentiality of files to protect against disclosure, damage, harm to an individual, or destruction of the information. Hand Deliver Material designated as confidential shall be either hand delivered by a staff person to the person responsible for placing it in the confidential folder of the C-file or parole field file, or it shall be placed inside of a sealed envelope which has been marked confidential and mailed to the office which maintains the C- file or parole field file. Stamped “ CONFIDENTIAL ” Any document designated as containing confidential information, either in total or in part, shall be conspicuously stamped at the top and bottom of the document with the word “ CONFIDENTIAL ” in red ink. If the document consists of more than one page, each page shall be so marked. Authorized Limited Disclosure Inmate/parolees shall be permitted to review their own debriefing reports, which may be designated confidential at their request. Disclosure of the debriefing report shall be authorized by the gang coordinator/investigator. Disclosure of reports other than debriefing reports shall be authorized by a CCIII, PAIII, or higher. Prior to the inmate/parolee’s review, the report shall be reviewed by appropriate staff to ensure other types of confidential information are not contained therein and subsequently wrongfully disclosed. 61020.12

61020.20.5 Computation Of Score Prior Preliminary Score (Boxes 75-77) The Prior Preliminary Score will be found on the most recent classification score sheet: • If the CDC Form 839 is the most recent score sheet, enter the Preliminary Score value as recorded in Boxes 65-67. • If the CDC Form 840 is the most recent score sheet, enter the New Preliminary Score value as recorded in Boxes 82-84. • If the CDC Form 841 is the most recent score sheet, enter the New Preliminary Score value as recorded in Boxes 84-86. • When an inmate's most recent classification score is recorded on a score sheet with a revision date prior to Rev. 07/02, enter that classification score as the Prior Preliminary Score. Net Change in Score (Boxes 78-80) Combine the Total Favorable Points (C4) and the Total Unfavorable Points (D8). The Net Change in Score can be a plus (+) or a minus (-) value. The maximum number of points that can be entered for the Net Change in Score on the CDC Form 841 is 99. If the Net Change in Score exceeds 99, prepare one or more CDC Form 840(s) to record remaining disciplinaries. If preparing more than one CDC Form 840 on the same date, enter a different date for each CDC Form 840 because the Inmate Classification Score System Database organizes data by the “Date Completed.” Enter the appropriate positive or negative sign in the first box and the total value in the remaining boxes. Preliminary Score Subtotal (Item F3) Enter the Preliminary Score subtotal on the line provided. The Preliminary Score subtotal is the prior Preliminary Score plus or minus the Net Change in Score. This number can never be less than “0.” Change in Term Points (Boxes 81-83) If the inmate has been designated as an RTC, do not enter a value. This area is left blank for an inmate who has returned as a parole violator returned to custody for a parole violation only. If a PVRTC later becomes a PVWNT, a correction to the CDC Form 841 is not necessary. Complete a new CDC Form 840 recording the change in term points, if any, as a result of this new term. Also, do not correct the CDC Form 839. To determine the change in term points for a PVWNT: • Identify the original Term Point (T/P) from the CDC Form 839 and from subsequent score sheets with information entered in the Change in Term Points box. • Enter the prior Term Points value on the “ - Old T/P” line on the score sheet. • Use the Term Point equation of base term plus enhancements multiplied by two (2) to calculate New Term Points. Enter that value on the “+ New T/P” line on the score sheet. • This term point value cannot exceed 50. • Determine the difference between the old term points and the new term points. Enter either a plus (+) or a minus (-) sign in Box 81 and the numeric difference in Boxes 81-83. EXAMPLES: An inmate is returned from parole as an RTC. The inmate goes out to court before completing RC processing and is sentenced to 3 years. His original CDCR commitment had been 4 years. The adjustment to the Change in Term Points area of the CDC Form 841 is calculated as: • Old Term Points: - 8 • New Term Points: (3 yrs X 2) + 6 • Change in Term Points = - 2 An inmate is returned from parole as a PVWNT. She is given an 18-month sentence (1 year 6 months). Her original term was 8 years. • Old Term Points: - 16 • New Term Points: (1 yrs X 2) + 2 • Change in Term Point = - 14 New Preliminary Score (Boxes 84-86) Add or subtract the Change in Term Points value from the Preliminary Score Subtotal and enter that value in Boxes 84-86. The maximum value for the New Preliminary Score is 999. The New Preliminary Score cannot be less than zero nor greater than 999. 61020.20.6

61020.20.6 Placement Mandatory Minimum Score Factor: A Mandatory Minimum Score Factor is a case factor that requires the application of a Mandatory Minimum Score. Mandatory Minimum Score Factor Code (Box 87) A Mandatory Minimum Score Factor Code is an alpha code associated with a Mandatory Minimum Score Factor. • If an inmate has a case factor that requires the application of a Mandatory Minimum Score Factor Code, enter the code that applies in Box 87. If more than one case factor applies, enter the code that appears first on the list. • Document the RC justification for applying a Mandatory Minimum Score Factor Code in the CDC Form 816 or ISRS, as applicable. When the Mandatory Minimum Score Factor is applied other than in the RC, justify application in a CDC Form 128-G. • If eligibility for a Mandatory Minimum Score Factor Code requires further consideration, refer to DOM § 61020.19.7. • Absent overriding security or safety considerations, inmates pending case-by-case evaluation to determine eligibility for a Mandatory Minimum Score Factor Code shall not be transferred, except from the RC, until the application of a Mandatory Minimum Score Factor Code is resolved. • Determine if one or more of the case factors listed below apply to the inmate. If no factors apply, proceed to the instructions for Placement Score. • Prepare a new CDC Form 840 score sheet to record a change in or removal of a Mandatory Minimum Score Factor Code. Mandatory Minimum Score Factor Codes and Scores CODE FACTOR SCORE [A] Condemned 52 [B] Life Without Possibility of Parole 52 [C] CCR 3375.2(a) (7) Life Inmate 28 [D] History of Escape 19 [E] Warrants “R” Suffix 19 [F] Violence Exclusion 19 [G] Public Interest Case 19 [H] Other Life Sentence 19 Specific Criteria for Applying Mandatory Minimum Score Factor Codes: • A. Condemned. Apply Mandatory Minimum Score Factor Code A to inmates sentenced to death. • B. Life Without Possibility of Parole . Apply Mandatory Minimum Score Factor Code B to inmates sentenced to LWOP. • C. CCR 3375.2(a)(7) Life Inmate . Apply Mandatory Minimum Score Factor Code C to life-term inmates who are excluded from placement in Levels I or II based on any of the following factors per CCR § 3375.2(a)(7): • The commitment offense involved multiple murders, unusual violence, or execution-type murders or received high notoriety. Each of these factors is defined in CCR § 3000. • The inmate has a history of multiple walkaways, an escape from a secure perimeter, or an escape with force or threat of force. A classification committee shall determine the initial application of this Mandatory Minimum Score Factor Code C. The Unit Classification Committee shall refer more complex cases to the Institutional Classification Committee as needed. Justification in the ISRS shall address the specific element(s) of the inmate’s commitment offense that substantiates the application of Mandatory Minimum Score Factor Code C, which precludes Level II placement, as opposed to Mandatory Minimum Score Factor Code F or Mandatory Minimum Score Factor Code H. • D. History of Escape . Apply Mandatory Minimum Score Factor Code D for those case factors listed below. This code is not to be used to assess risk factors for escape involving any other offenses; (i.e., the sale or possession of large quantities of narcotics). • Apply to an inmate with any history of escape from within a secure perimeter or attempted escape from within a secure perimeter, whether or not force was used. This inmate is permanently excluded from minimum custody placement. • Apply to an inmate who has a conviction for, or whose commitment offense includes, Escape with Force or Attempted Escape with Force from any correctional setting or armed escort. This inmate is permanently excluded from minimum custody placement. • Apply to an inmate who verbalizes that he or she is going to escape and/or states he or she does not wish MSF placement because he or she will be tempted to escape/walkaway, is permanently excluded from minimum custody/MSF/camp placement. • When applying the ten-year exclusion criteria in reference to the following escapes or walkaways, use the date of conviction. If the escape did not result in a conviction, use the date of apprehension. In a case where there is no escape conviction and the date of apprehension is unknown, use the date of the escape, attempted escape, or walkaway. • Apply to an inmate who has a history of (one or more) walkaways without force from a nonsecure perimeter facility setting (such as camp, MSF, county road camp, etc.). The inmate is ineligible for minimum custody placement, camp, or MSF for ten years. • Apply to an inmate with a pattern of (two or more) walkaways from CCRC within the last 10 years. These inmates are excluded from minimum custody for 10 years. • Apply to an inmate who has a walkaway from CCRC that resulted in a court conviction for Escape within the last ten years. The inmate is ineligible for minimum custody for 10 years. • E. Warrants “R” Suffix . Apply Mandatory Minimum Score Factor Code E when the “R” suffix has been affixed to the inmate’s custody. Criteria for the “R” suffix are provided in CCR § 3377.1(b)(1) and DOM § 62010.4.3.1. Do not apply Mandatory Minimum Score Factor Code E for a case pending an evaluation. • F. Violence Exclusion . Apply Mandatory Minimum Score Factor Code F when an inmate has a current or prior conviction for a violent felony or a sustained juvenile adjudication including, but not limited to, those listed under PC § 667.5(c) that does not require “case -by- case” consideration. • A sustained juvenile adjudication is a guilty determination or ruling rendered in a juvenile judicial proceeding. • An administrative determination regarding an allegation of a violent act including, but not limited to, those offenses described in PC § 667.5(c), has the same force and effect as a current or prior conviction for a violent felony or a sustained juvenile adjudication: • Board of Parole Hearings good cause finding, or • California Youth Authority/Youthful Offender Parole Board sustained allegation, or • A probation violation finding in a court of law. • Do not apply the Mandatory Minimum Score Factor Code F pending case-by-case evaluation. • G. Public Interest Case . Apply Mandatory Minimum Score Factor Code G when the CSR has determined that the inmate is a public interest case pursuant to CCR §§ 3000, 3375.2(b)(20) and DOM § 62010.4.3.3. Staff shall refer any potential public interest cases to a CSR for determination and endorsement as a public interest case. • H. Other Life Sentence . Apply Mandatory Minimum Score Factor Code H for an inmate serving any current life sentence commitment whose case factors are not already addressed by another mandatory minimum score factor code. This inmate is excluded from consideration for placement in a minimum custody setting until a release date is granted by the BPH. The granting of a release date by the BPH does not result in the automatic removal of Mandatory Minimum Score Factor Code H. Mandatory Minimum Score (Boxes 88-89) A Mandatory Minimum Score is a numerical value identifying the least restrictive security level for an inmate who has a case factor that requires that he/she be housed no lower than a specific security level. When the Mandatory Minimum Score Factor Code is applied, enter the corresponding point value in the field labeled Mandatory Minimum Score, Boxes 88-89. If more than one factor applies, enter the code that appears first on the list in Box 87 and enter the corresponding numeric value in Boxes 88-89. Placement Score (Boxes 90-92) If there are no case factors that require the application of a Mandatory Minimum Score Factor Code, enter the New Preliminary Score as the Placement Score. If a Mandatory Minimum Score has been applied, enter the Mandatory Minimum Score or the New Preliminary Score, whichever is greater. The Placement Score is one of the factors used to determine the security level to which the inmate is assigned. 61020.20.7

62090.11.2 Life Prisoner Evaluation Report A comprehensive evaluation of the life prisoner's past pattern of criminal behavior and changes while in prison shall be prepared for Parole Consideration Hearings. The report is divided into commitment factors, pre- conviction factors, post-conviction factors, and parole plans. A thorough study of the C-file, staff observations and an interview with the inmate shall be accomplished to complete the report. The report's format provides a comprehensive evaluation for the Initial Parole Consideration Hearing and shall be retained for use at all Subsequent Parole Consideration Hearings. 62090.11.2.1

62130.4 Classification Services Unit Role The Classification Services Unit (CSU) shall ensure departmental coordination, compliance, and standardization of SVP processes. CSU performs the following tasks: • Resolves conflicts. • Raises concerns for resolution. • Prepares legislative reviews. • Provides a computer listing of inmates and parolees in revoked status to each Warden and Classification and Parole Representative (C&PR)/Reception Center (RC) Correctional Counselor (CC) III at least nine months prior to the scheduled release dates. This list is generated from the Offender Based Information System for inmates subject to registration as sex offenders pursuant to the Penal Code (PC) Section 290 list. • Maintains a database, which includes records and statistics of all potential SVP cases screened by the Division of Adult Institutions (DAI) and Division of Adult Parole Operations (DAPO). • Forwards cases meeting SVP criteria to the Board of Parole Hearings (BPH) for an independent review and further processing. For cases where a conclusive determination cannot be made based upon a review of the current central/electronic file and archive file documents, see the BPH section below. • Forwards a copy of all Department of Mental Health (DMH) and /or BPH results upon receipt, for placement in the inmate’s central/electronic file. • Generates teletypes for SVP transfers to Atascadero State Hospital (ASH), Coalinga State Hospital (CSH), or Patton State Hospital (PSH) upon request from the SVP Coordinator at either California Men’s Colony-East (CMC-E) or California Institution for Women (CIW). • Provides formal training to CDCR staff. • Serves as the CDCR liaison to the following: • BPH • CSU refers cases to BPH in which a final determination cannot be made based upon available information. These are commonly referred to as “MAYBE” cases and consist of any SVP package that does not contain complete and sufficient documentation necessary to address the SVP statutory commitment criteria. Typically, “MAYBE” cases will involve out-of-state and out-of-country sex offense convictions; California convictions of SVP offenses for which supporting documentation is missing or incomplete; juvenile adjudications for SVP under certain circumstances; mentally disordered sex offender commitments to DMH; military and federal convictions for any sex offenses, etc. BPH will attempt to obtain the necessary documentation related to the conviction. BPH will then provide the documentation to the California Department of Justice (DOJ), who will complete a legal analysis of the case, and make the determination whether the sex offense convictions outside of California contain the same elements as the qualifying SVP offenses listed in the W&IC. BPH shall advise CSU of the determination results. • If after completing their independent review, BPH determines the case meets the criteria for SVP, BPH will forward the case to DMH and provide CSU with documentation of their determination. • If after completing their independent review, BPH determines the case does not meet the criteria for SVP, BPH will notify CSU of the determination and provide documentation of the results. • The BPH may order that an inmate remain in custody for no more than 45 days beyond the inmate’s release date for completion of the DMH process. • After release from CDCR, BPH may conduct Revocation Hearing proceedings for SVP pre commitments/commitments who are involved in serious revocable misconduct. • DMH • DMH conducts clinical evaluations of potential SVPs to determine if the inmate has a diagnosed mental disorder which makes the inmate a danger to the health and safety of others, in that it is likely that he or she will engage in sexually violent criminal behavior. • DMH refers individuals meeting SVP criteria to the inmate’s county of commitment with a request for petition for a civil commitment. • DMH clinicians shall provide SVP treatment at CDCR to individuals who had been placed at ASH, CSH, or PSH for SVP processes and who subsequently return to CDCR as a result of serious misconduct. • DMH shall notify CDCR of the evaluation determination and provide documentation of the results. • C&PRs. • See Section 62130.5 62130.5

62130.7 California Department of Corrections and Rehabilitation Form 7377, Sexually Violent Predator Screening The completion of the CDCR Form 7377, SVP screening, shall not be delegated to a staff member below the level of CC I. The CDCR Form 7377 must be prepared neatly, legibly, and accurately. Detailed instructions for completing the CDCR Form 7377 are located on the reverse of the document. Designated staff shall be accountable for accuracy and completed staff work. The CDCR Form 7377 reflects the case review and completion of the form includes, but is not limited to, the following: • Inmate’s name and CDC number. • Criminal Identification and Information (CI&I) number. • County of controlling case (listed on the Legal Status Summary (LSS)). • Type of release/release date. • Controlling discharge date. • Selection of one SVP determination. • Reference documents include: the Abstract of Judgment (AOJ)/Minute Order, Felony Information/Complaint, etc. • Comments on the CDCR Form 7377 if any potential reference documents are not available for review. • The screener’s name and date printed legibly. • “YES” and “MAYBE” determinations require the submission of the CDCR Form 7377 and copies of all SVP qualifying supportive documentation, to include: • LSS. • Institutional Staff Recommendation Summary. • Probation Officer’s Report. • AOJ/Minute Order. • Felony Information/Complaint. • CI&I. • Federal Bureau of Investigation printout. • Archive files (sex related). • Sex related CDC Form 115s, Rule Violation Reports (including disciplinary violations from prior terms). • Parole violation charge(s), if charge includes an element of illegal sexual conduct (including prior sex related parole violations). • Parole violation(s) and conviction(s) for failure to register pursuant to PC 290. • Previously processed “YES” cases, also known as “RECYCLED,” require a new CDCR Form 7377 and a copy of the inmate’s parole violation charge(s) or new commitment information to be submitted to the CSU. • “NO” determinations require only a current completed CDCR Form 7377 be submitted to CSU. • CDCR Form 7377 distribution: • Original to CSU SVP Coordinator. • Copy placed in central file or scanned into the legal section of the electronic file using SOMS/ERMS. • Copy to inmate upon request. 62130.8

71020.4.3 Duties of Identification/Warrants Unit Staff Staff assigned to the unit: • Locate the region of a parolee's supervision. • Identify inmate's assigned facility housing. • Provide commitment data to law enforcement and other authorized agencies with a need to know. • Provide information on persons discharged from the Department since 1957. • Place holds pursuant to PC 3056 and/or W&I 3151 for the P&CSD. • Conduct file searches and issue new identification numbers for newly received felons and civil addicts committed to the Department. • Respond to telephone inquiries that require nonconfidential information concerning felons/civil addicts. • Aid facilities and parole regions in identifying and locating inmates/parolees when the identification number is unknown. • Maintain the Department's warrants register. • Maintain the FAX services for the Department and the BPT . • Act as headquarters' duty officer. Receive facility duty officer reports by telefax service. • Dispatch BPT and NAEA warrants issued on parolees-at-large, releasees-at-large, and facility escapes. Warrants shall be abstracted by FAX upon request. • Microfilm and maintain the file of confidential material on discharge cases. 71020.4.4

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

73030.15 Retention in Custody Past Scheduled Release Date Revised December 24, 1992 CCR 3323 provides that in some instances a person may be retained in custody beyond their scheduled release date because of a serious disciplinary infraction for which credit may be lost though the CDC Form 115 may ultimately be dismissed or reduced to an administrative infraction. It is necessary that the C-File reflect the reason the person was retained in custody. The following procedures are authorized by CCR 3323 and should be used to properly record this information: • On the scheduled release date, prepare a CDC Form 128-B chrono indicating "Subject being retained in custody pending disposition of CDC Form 115 Log #______ for which ______ days may be lost." • Post entry on CDC Form 112, "Retained in custody pending disposition of CDC Form 115 Log #______." • If the CDC Form 115 is dismissed, prepare another CDC Form 128-B indicating "CDC Form 115 of ( date ) dismissed. Subject released on parole." • Post entry on CDC Form 112, "Disciplinary dismissed. Released on parole. Parole period starts (indicate scheduled release date)." • Any days attributed to time held past release date on a pending CDC Form 115 subsequently dismissed shall be deducted from the maximum parole period. 73030.15.1