Department Operations Manual

62010.4.3.1.1 Reception Center The “R” suffix designation shall be affixed during reception center processing if one of the following four criteria applies: • The inmate is required to register per Penal Code (PC) Section 290. • The inmate’s parole was revoked by Board of Prison Hearings (BPH) formerly known as Board of Prison Terms (BPT)/Parole Hearing Division (PHD) Good Cause Finding of an offense that is equivalent to an offense listed in PC Section 290. • The inmate had a BPH formerly known as California Youth Authority (CYA)/Youth Offender Parole Board (YOPB)/Youth Authority Board sustained adjudication of an offense that is equivalent to an offense listed in PC Section 290. • The inmate had a valid “R” suffix evaluation, as defined in this Section, resulting in the “R” suffix being affixed. The assigned Correctional Counselor shall document the “R” suffix designation on the following applicable documents: • Institutional Staff Recommendation Summary (ISRS) • CDC Form 816, Reception Center Readmission Summary • CDC Form 839, Classification Score Sheet • CDC Form 840, Reclassification Score Sheet • CDC Form 841, Readmission Score Sheet Inmates with a prior “R” suffix evaluation inconsistent with the policy defined in DOM Section 62010.4.3.1.3 shall not have an “R” suffix applied. An “R” suffix evaluation must be completed at a receiving institution. 62010.4.3.1.2

62030.3 Transfers To DMH Authorization PC 2684, 2690 and 2974 provide for transferring mentally ill inmates and parolees to DMH facilities. PC 2685 provides for returning those inmates to the Department who are no longer benefiting from a DMH placement. Parolees placed in DMH facilities for psychiatric treatment shall be released to parole after they have stabilized. 62030.4

62030.6 PC 2684 Procedure Referrals for emergency psychiatric hospitalization may be expedited using PC 2684 referral packet. • In place of a Vitek hearing, the inmate/parolee is entitled to a certification review hearing or writ of habeas corpus in DMH facilities. • The psychiatric report/evaluation must be no more than 30 days old. For some parolees, PC 2684 and/or 2690 process shall be followed. Once the Vitek Hearing is held, or the waiver is signed, the case will be screened by DMH state hospital within seven working days. If accepted by a DMH state hospital, the individual shall be transferred directly to that DMH state hospital under order of the BPT from the county jail. Formal parole revocation by the BPT shall be done at the DMH facility. 62030.7

62070.5.2 Processing Responsibilities It is the assigned caseworker ’ s responsibility to ensure, either directly or indirectly, that all required documentation for an emergency TCL is properly processed, signed, and presented to the designated centralized location of the inmate's release. Specified records office staff shall assist in providing these services. • Family emergency/prerelease leaves from the institutions shall require preparation of a CDC Form 161, Checkout Order. A CDC Form 193, Inmate Trust Account Withdrawal, shall be prepared to cover TCL expenses. Community Correctional Center inmates In cases of community correctional center inmates approved for ongoing release to attend work, training, or educational programs, a CDC Form 601 shall be required for initial approval only. This approved form shall authorize ongoing releases thereafter and shall be maintained on file at the local facilities. Escape Notification Leaves under escort shall require the preparation of an inmate identification card with two recent photographs (front view/profile view) which contains all necessary all points bulletin (APB) information. In the event of escape, this information shall immediately be presented to the nearest law enforcement agency by escorting personnel. The escort(s) shall then notify their institution/parole region and report the incident. Funds/Medication The caseworker shall ensure that all documents, including advance funds for the TCL and authorized medications for the inmate are included in the TCL package. For prerelease TCLs up to $100 of the inmate ’ s $200 release funds may be advanced upon approval by Parole Agent, to cover specific personal expenses, i.e., clothing, food, and carfare. (This advance allowance shall not be permitted for reimbursement of community correctional center fee charges.) Escort Staff Briefing When possible, the caseworker shall personally discuss the TCL plan and inmate case factors with escorting personnel prior to TCL departure. If personal contact cannot occur, any special instructions or extraordinary information pertinent to the TCL shall be documented on a CDC Form 128-B or memorandum to the escorting staff and included in the escort package for the TCL. Additional briefing of escort personnel by custodial supervisors prior to departure may be required. TCL Log A temporary community release log shall be maintained in a designated location at all facilities. The following staff shall be responsible for maintaining this log: • Institutions: Watch Commanders. • Community correctional centers: Reentry Specialist. • Paroles: Unit Supervisors. The chronological log (see attached exhibits A&B), shall require a listing of the inmate ’ s name, prison number, date and time of departure, scheduled return time, and actual return time. All log entries shall reflect the date and signature of the employee making the entry. Failure to Return Inmates who fail to return from a leave within the designated time period shall be charged with escape. If staff is notified that the inmate ’ s return has been unavoidably delayed, arrangements shall immediately be made to place the inmate in custody at the nearest Department facility. Searches Upon Return Upon return from a TCL, a search of the inmate shall be conducted by institution/facility staff to prevent the introduction of contraband. The degree and extent of the searches (clothed, unclothed, electronic, etc.) shall be determined by institution/facility security requirements. Interviewing the Inmate A post leave interview shall be conducted with all inmates returning from family emergency/prerelease leaves. The caseworker shall conduct the interview if on duty when the inmate returns. The institution watch commander, watch sergeant, or reentry staff on duty shall conduct the interview if the inmate returns after normal work hours or on weekends and holidays. The interview shall be documented on the post leave review section of the CDC Form 601. In cases of a return from a funeral or critically ill bedside visit, a close evaluation of the inmate ’ s escape potential or other signs of unusual behavior shall be made. If post leave interview is conducted by custody staff, a follow-up interview shall be held by the caseworker upon their return to duty. All original and post leave TCL documents shall be placed and maintained in the inmate ’ s C-File or the reentry facility file if applicable. 62070.6

62070.10.3 Procedures/Responsibilities C&PR/CCRM The C&PR and CCRM shall be responsible to coordinate the release of inmates under detainer status and contact the agency lodging the detainer. Records Staff (Early Release) When it is determined that an agency with a hold will assume custody of an inmate prior to the scheduled release date, the following actions shall be taken: • A CDC Form 161, Checkout Order, shall be prepared reflecting the date of release to the agency and the actual parole date of the inmate. This information shall facilitate accurate OBIS entries. • A CDC Form 801, Department Detainer, shall be prepared on the inmate with a notation not to release prior to scheduled parole date. • Follow all other established parole release procedures as outlined in DOM 75010, Case Records. C&PR (Notification to Inmate) Inmates retained in Department custody beyond their scheduled release date to facilitate pickup, shall be notified in writing (CDC Form 128-B) by the C&PR. The CDC Form 128-B, shall specify the following: • Information regarding the detainer. • Agency requesting the extension. • Date of scheduled release to the agency assuming custody. 62070.11

62090.3 Importance of Board Hearings One of the most important times during incarceration for certain inmates and parole violators is their appearance before the BPH. All life sentence prisoners must appear before the BPH to be considered for parole. Those inmates sentenced under the Indeterminate Sentence Law (ISL) or sentenced prior to 1985 to a term of one year and one day appear before the Board that provides them an opportunity for parole consideration. Inmates sentenced to one year and one day for offenses occurring after January 1, 1985, do not appear before the BPH. The BPH rules are set forth in CCR (15) (2) and in Administrative Directives issued by the BPH. 62090.4

71010.7 Uniformity Variations in the methods of recording vital information regarding inmates/parolees shall not occur. Differences of opinions between facilities or parole regions concerning methods of recording shall be brought to the attention of the CCRA for resolution. Facility and PAs shall suggest methods for resolution of problems. The final decision on all such issues shall be made by the Chief, Correctional Case Records Services. CCRAs and CSRs shall check all files reviewed to ensure that the material in such files is in the order specified and that a reasonable effort is being made to bring about uniformity. Employees reviewing the records shall consult with the proper facility/PA concerning the contents of the case file, attempt to assist the local facility/parole region in solving any problems relating to these files with a view to their proper organization, and to report uncorrected variations to the Director by the Chief, Correctional Case Records Services. 71010.8

71010.9 Accuracy The CCRM of a CRU is responsible for the accuracy and content of the legal portion of the C-File as it relates to the sentence, parole, and release date calculations. Assigned counselors, Parole Agents, and supervisory staff responsible for generating evaluations and reports, including work time cards and chronos, are responsible for the validity and accuracy of information contained in such reports. If an error causes an inmate, resident, parolee, or releasee to be released from a facility or the jurisdiction of the Department prior to or later than the correct release date, a complete report with appropriate recommendation to eliminate such incidents shall be submitted through the local chain of command to the Warden. The Warden or RPA shall submit the report to the Chief, Correctional Case Records Services. 71010.10

72010.11.1 Indeterminate Sentence Law (ISL) Data The following information shall be entered on ISL cases: Parole Date An ISL parole date is entered in this block if the inmate has been granted an ISL parole date by the BPT. Primary Term The primary term discharge date is entered in this block if a primary term has been granted by the BPT. Board Date/Civil Addict Program (CAP) Annual Review Date The month and year in which an inmate is scheduled for their next ISL board hearing or, for a civil addict, their next annual review date or date specified by the NAEA . 72010.11.2

72030.5.1 Transfers See DOM 72010 for use and preparation of CDC Form 134, Records Transfer Check Sheet. • The facility case records office shall provide an advance transfer notice to each facility department of the names and identification numbers of each inmate scheduled for transfer. • The notice shall include the inmate's destination, date, and time of transfer, and the date and time the records are required to be delivered to the case records office. • Each facility department shall deliver to the case records office their respective records at the time stated. • In the event of emergency transfer and/or time does not permit advance written notice, case records staff shall telephone the departments and request immediate delivery of the records. • The sending facility/parole region shall affix all material in C-File prior to transfer. • All case records for each inmate shall be transferred with the inmate to the receiving facility, except as provided in DOM 72030.7. • Legal documents and worktime records received after the case records have been transferred shall be forwarded expeditiously by First Class Mail to the CCRM of the receiving facility. • Parole violators will have files returned from parole regions to the receiving facility as provided in DOM 75010.14.3. 72030.6

72040.8.1 USINS The USINS regulations prohibit retention beyond 48 hours after the scheduled parole release date. Parolees released to USINS are not entitled to release funds under PC 2713.1. However, they shall be provided cash assistance in a like amount by parole staff in the event they are released pending or following deportation hearings. 72040.8.2

72050.3.1 Case Records Responsibility The CCRM shall contact and arrange for the appropriate agency to take custody of the inmate on the scheduled parole release date: • The local law enforcement agency if the inmate has to be taken before a magistrate. • The out-of-state agency if a waiver has been signed by a judge or upon the judge's approval. An inmate/parole violator may be released pursuant to PC 4755 for the convenience of an out-of-state transporting agency. [See DOM 72040.8]. Arrangements must be made sufficiently in advance of the scheduled parole release date to ensure that the appropriate documents (as described in this section of the manual) are available for delivery to the agency assuming custody. 72050.3.2

72070.5.3 Escape Bulletin Distribution/Cancellations Facility staff shall ensure that local law enforcement each receive: • A minimum of 12 escape bulletins. • A minimum of six glossy photographs. • A copy of the escapee's CI&I SSCH report. • A case summary. • A list of visitors, correspondents and addresses, if known. Escape bulletins shall also be distributed to headquarters, special services units, facilities, and parole regions so mutual assistance may be given in the apprehension and return of escaped prisoners. If the escapee has a close relative or crime partner on parole, an escape bulletin shall also be forwarded to the appropriate parole unit office. Escape bulletin cancellations shall be distributed to the same agencies that receive the escape bulletin, immediately following the apprehension of the escapee. The original escape bulletin shall be used by stamping "cancelled" across the bulletin along with the effective date of the cancellation. 72070.5.4

73010.4.1 Audit Schedule Revised June 16, 1995 Periodic audits of the C-File shall be made by CRSs. Audits which include all requirements previously listed in this section shall occur whenever the following exist: • Upon initial intake at any receiving facility. • Sixty days prior to an inmate's scheduled parole/release date. • Ten days prior to an inmate's scheduled parole/release date. • Upon receipt of an additional commitment following initial intake. • Upon transfer to facilitate federal deportation. • Every 30 days beginning 9 months prior to release on notorious or special interest cases. Prior to Transfer An audit prior to any transfer, except for deportation purposes, shall consist of proper recording and disposition of Holds/Warrants/Detainers/Notices, proper recording of worktime documentation, and the generation of an updated Legal Status Summary as a result of a work credit gain. Three Months Prior to BPH Hearing Three months prior to any scheduled BPH hearing, an inmate's C-File shall be audited for accurate computation and recording of the Minimum Eligible Parole Date (MEPD) and any decisions previously made by the BPH. 73010.5

73010.6.6 Notification/Psychiatric Referral/Registration Required These entries shall reflect the appropriate code and section when a psychiatric referral, notice or registration is statutorily required prior to release on parole. PC 3002 • PC 3002 requires a psychological evaluation prior to parole of persons convicted of child abuse or neglect. H&SC Code 11590 • Narcotic offender registration pursuant to H&SC 11590 is required for the current offense only. A person is required to register with the Chief of Police or sheriff of the county of residence for five years following discharge from prison or release on parole. PC 290 • Sex offender registration requirement pursuant to PC 290 is with the Chief of Police or sheriff of the county of residence and is applicable whether the sex offense is for the current offense or for a previous registerable offense. This requirement is for life. PC 457.1 • Arson offenders sentenced pursuant to PC 451 and/or 453, whose crimes were committed on or after 1-1-85, if so ordered by the court and reflected on the commitment document, are required to register with the police in the city or the sheriff in the county of residency pursuant to PC 457.1. This requirement shall terminate five years after discharge. PC 11150 • PC 11150 requires notification of release of persons convicted of any arson offense to the State Fire Marshal, all police departments, and the sheriff of the county in which the person was convicted and, if known, of the county of residence. The notice shall indicate the name of the person to be released, the county in which they were convicted and, if known, the county of residence. 73010.6.7

73010.6.14 ISL or ISL/DSL Recalculated CS Cases The full term for an ISL or ISL/DSL recalculated case sentenced CS to a DSL case shall be recorded and included and/or added as an enhancement to the base term to determine the total term. The release dates shall be calculated and recorded for the aggregate term. In these cases, the inmate continues to have eligibility for parole and term setting consideration by the BPH on the ISL Term(s) only. • If an ISL parole date or discharge date is granted on the ISL term(s) only, the case must be recomputed using the ISL parole or discharge date as the term start date for the DSL term. • The inmate shall then be scheduled for release on the earliest of the release dates: ISL release date plus the DSL term or the minimum release date on the totally calculated term. 73010.6.15

73030.5.5 Additional or Modified Pre-prison Credits Upon receipt of an amended Abstract of Judgment or Minute Order modifying credits, the CCRM shall re-compute the release date, minimum eligible parole date (MEPD), minimum term or maximum term, and make appropriate changes in all records. • On ISL cases, if the inmate has not appeared for an initial parole consideration hearing, place on appropriate calendar in accordance with BPT Rule 2304. If the inmate has had an Initial Parole Consideration Hearing, schedule for Subsequent or Progress Hearing on the next available calendar. 73030.5.6

73030.7.10 Enhancements − Prior Prison Terms Pursuant to PC 667.5 (g), a prior prison term (PPT) is a prior felony conviction which resulted in a continuous completed period of prison incarceration imposed for a particular offense alone, or in combination with CC or CS sentences received before release on parole or discharge, whichever occurs first. • If the person was returned to prison on revocation of parole, which is not accompanied by a new commitment to prison, the period shall count as a single PPT. • If any inprison offense is required by law to be served after completion of an earlier prison commitment, the original commitment and the inprison commitment count as separate PPT's. • If the inmate was returned to prison from parole with a new term, the new term shall count as a second PPT. • A commitment to DMH as a mentally disordered sex offender (MDSO) following a felony conviction is a PPT if the commitment exceeds one year. If the inmate subsequently is committed to prison for the same offense after termination of the MDSO commitment the time in DMH and CDC shall count as a single PPT. • When an inmate subject to the custody, control, and discipline of the Director is incarcerated at a facility operated by the CYA, that incarceration shall count as a prior prison term. Time spent in any state or federal penal institution, including any time which is credited as service of prison time in that jurisdiction may count as a prior prison term. If served other than in California, the inmate must have actually served at least one year, and it must have been for a crime that is punishable by imprisonment in state prison in California. A violent PPT with a violent commitment offense shall be enhanced by three years for each pled and proved PPT, unless the inmate remained free of both prison custody and the commission of an offense which results in a felony conviction for a period of 10 years immediately preceding the commission of the current commitment offense. (Violent felonies are defined in PC 667.5(c).) 73030.7.11

73040.3 Decisions and Orders/General Unless otherwise stated in the opinion or order, decisions of the District Courts of Appeal in criminal matters are final 60 days after filed. Decisions of the Supreme Court are final 30 days after filed unless further appeal or rehearing is in process. A copy of unpublished Appellate or Supreme Court opinions received in headquarters, shall be reviewed by a Correctional Case Records Administrator and forwarded to the facility or parole region where the inmate/parolee is located for appropriate disposition and/or follow-up with the trial court at such time as the opinion is final. Published opinions become case law and shall be evaluated, and instructions issued by an Administrative Bulletin, revision to this manual or regulation change if applicable. A decision that reverses a "judgment" on appeal is remitted to the superior court on the date the decision becomes final. A reversal of "judgment" on appeal is deemed an order for new trial, unless otherwise directed [reference: PC 1262]. The case will usually be brought to trial within 60 days after the reversal is final (PC 1382). Removal from departmental custody by the sheriff after reversal on appeal does not act as a discharge from departmental records until confirmation from the court or AG’s Office is received. If a defendant is on parole, departmental jurisdiction ceases on the date the decision of reversal is final. See the DOM 71020.3 for issuance of a new registry number if the defendant is returned from court. The old departmental registry numbers can be reactivated upon approval of the Chief, Case Records Services. A judgment may be reversed in whole or in part and the order of reversal may include specific instructions to the trial court. Judgments may be affirmed and the matter remanded for the limited purpose of re-sentencing. In those instances where a person is removed from departmental custody and the court orders and/or Appellate Court opinion reflects that the judgment is affirmed but the sentence is reversed for the limited purpose of re-sentencing, the case will remain under departmental jurisdiction as out-to-court (OTC). CCRM shall contact the trial court every 30 days to determine the status of the case if the defendant has not been returned to departmental custody. The Appellate Court may modify a judgment in which a count(s) is ordered stricken per PC 654 or an improper penalty or enhancement has been applied to a term. In these instances, where a trial court can do nothing about the sentence as modified by the Appellate Court, the legal status shall be changed in accordance with the opinion upon receipt of a certified copy of the remittitur from the Appellate Court. 73040.4

74030.7 Official Decisions Individual Cases If two of the three BPT members on a life parole consideration hearing panel agree to grant or deny a parole date that is "a proposed decision". Any proposed decision setting or denying a parole date for a life prisoner shall become effective 60 days after the decision unless the provisions of BPT Rule 2041 occur (BPT 2043). All other decisions shall become effective 15 days after signed by the panel member(s) making the decision unless the order states a different effective date for the decision (BPT 2043). 74030.8