Department Operations Manual

74030.24 Lifer Documentation Hearings Cases with 25-life or 15-life terms: During the 36th month following receipt in the Department, without regard for pre-prison credit. Cases with 25-life or 15-life terms consecutive to enhancements and/or a DSL term: During the 36th month after commencement of the life term. In those cases in which the pre-prison credit exceeds the terms for the enhancement and/or the DSL term, the Documentation Hearing will be scheduled as above (BPT 2269.1). Inmates committed as habitual offenders under PC 667.7 shall be scheduled for Documentation Hearings in accordance with BPT 2269.1. The initial Documentation Hearing shall be held during the 36th month after the life term begins. Subsequent Documentation Hearings shall be held at three-year intervals until the Initial Parole Consideration Hearing. If the latest Documentation Hearing falls within one year of the scheduled Initial Parole Consideration Hearing, then the Documentation Hearing shall not be required. This may in some cases require the Initial Parole Consideration Hearing panel to consider a four-year in-prison conduct review instead of the normal three-year span of time for Documentation Hearing reviews. 74030.25

74030.25.6 Revocation Screening Calendar Revised December 24, 1992 If the BPT takes action to schedule the matter for revocation, post the action to the CDC Form 112 and wait for the revocation results (BPT Form 1103). If the BPT revokes parole for a specified amount of time, hold the BPTForm1104 until a signed Unconditional Waiver is received. Upon receipt of the BPT Form 1101 and if parolee accepts offer, then post the action to the CDC Form 112. Compute the RRD, PRRD, DRD, PCDD, and the CDD and post to the CDC Form 112, BPT Form 1104, and CDC Form 144. If parolee rejects the offer, post the date of the rejection and the schedule for revocation proceedings on the CDC Form 112. Dates shall be recomputed upon receipt of the BPT Form 1103. 74030.26

74040.7 Progress Hearings A progress hearing shall be scheduled periodically after a life-term inmate has had a parole date established. The panel shall determine whether a previously set parole date should be advanced because of the inmate's positive conduct in prison or whether there are changes in circumstances that might lead to an earlier parole date. 74040.7.1

74060.9 Referrals For out-of-state Placement Revised June 16, 1995 The Interstate Probation and Parole Compact permits the placement of parolees out-of-state. Certain criteria are involved: • The parolee was a resident of the receiving state. • Has family ties in that state. • Is able to obtain employment there. 74060.9.1

74070.22.8 Residency Plans PC 290 and 457.1 and H&SC Code 11590 requires that the official in charge of the place of confinement shall obtain the address where the inmate expects to reside upon discharge, parole or release not later than 45 days prior to the scheduled release. Notification forms shall then be distributed so as to be received by the appropriate agencies no more than 60 days and at least 30 days prior to the inmate's discharge, parole or release. Residency plans may be unresolved in advance of the scheduled release. Institution staff shall diligently attempt to obtain address information, but if the address cannot be established, staff shall enter "No Address Known" on the notification form and shall ensure that the parole unit's address and telephone number are included on the form. If prior to release the address becomes known, staff shall expeditiously notify the agencies to which the form was sent. The SS Form 8047 must be completed in all respects, signed and a copy given to the inmate at the time of their release with a copy placed in the C-File. 74070.22.9

76010.3 Commitments to the Civil Addict Program Commitments pursuant to W&I 3050 or 3051 indicate conviction of a crime or probation revocation and criminal proceedings have been suspended/adjourned and the individual found to be a narcotic addict or in imminent danger of becoming a narcotic addict. W&I 3050 and 3051 Commitments pursuant to W&I 3050 indicate conviction in a Municipal or Justice court and certified by a Superior court. Commitments pursuant to W&I 3051 indicate conviction in a Superior court. Terms of these commitments are in accordance with W&I 3201(a). For offenses that occurred prior to July 29, 1980, the term is recorded as seven years pursuant to W&I 3201(a). W&I 3100 Commitments pursuant to W&I 3100 may be involuntary or voluntary. If anyone believes a person is addicted to the use of narcotics or by repeated usage is in imminent danger of becoming addicted or any person who believes himself to be addicted or about to become addicted may report to the DA, who may petition the Superior court for commitment. Terms of commitment shall be recorded as 12 months pursuant to W&I 3201(b). Dual Commitments Departmental parolees under the jurisdiction of both the BPT (BPT, Board) and the NAEA are referred to as dual commitments. These persons have a commitment to: • State prison as a result of a conviction while on outpatient/civil addict parole status. • A civil addict program as a result of a conviction while on felony parole status. 76010.4

76010.8 Processing Dual Commitments When it is determined that a new civil addict commitment was on felony parole: • The regional case records staff, upon notification of the civil addict commitment, shall immediately send the felony C-file to the records office at CRC. • Within 60 days of arrival at CRC a determination shall be made by the classification committee to recommend retention in or exclusion from the civil addict program. Retain in Program • If the decision is to retain in the program, an CDC Form 1502, Activity Report, shall be submitted to the BPT for possible discharge of the felony commitment. • If the felony commitment is discharged, the subject shall remain under the jurisdiction of the NAEA. Refer to DOM 76010.8.1 for processing. Exclude from Program • If CRC classification committee's decision is to exclude the person from the civil addict program, institution staff shall prepare an exclusionary letter referring the civil commitment back to the committing court, recommending vacation of commitment. • If an outpatient/civil addict parolee is subsequently committed to state prison, P&CSD shall refer the civil addict commitment back to the committing court. Unusual Dual Commitment If the decision is made to retain a felony commitment to the Department in the civil addict program or in the rare event that the committing court refuses to vacate the civil commitment, the status will remain a dual commitment. These cases will not be eligible for release consideration by the NAEA until the BPT ordered parole revocation period has expired. 76010.8.1

76010.28.1 Voluntary Return Civil addicts may turn themselves in to the facility (CRC only) requesting return to inpatient status. During regular working hours, the CCRM shall be notified upon arrival of the resident at the gate. If it is after regular working hours, the CCRM shall be notified at 8:00 a.m. the next regular working day. Case Records The CCRM shall: • Ascertain the resident's number of custody days remaining, PED, etc., by contacting the regional CCRM. • Determine whether an oral order has been obtained. If not, contact the Parole Agent. Parole Agent The Parole Agent shall obtain the oral order and notify the regional CCRM. Case Records The regional CCRM shall: • Notify the facility CCRM. • Post the CDC Forms 112 and 144. • Cancel the Want if one is outstanding. • Forward the files immediately to CRC. • Place the case on the next NAEA calendar for action "continue of oral order of return." 76010.29

76010.30 Suspend/Return Cases Upon receipt of a suspend/return report and a "Bye" hearing package from the parole unit, case records staff shall: • Post on the CDC Form 112, the resident's/parolee's decision regarding a Bye hearing. • Type resident's/releasee's decision regarding a "Bye" hearing on the NAEA Board Order-P&CSD [Outpatient/Civil Addict Parolee) Calendar, and the CDC Form 1608, Vote Sheet. • Forward the complete "Bye" hearing package, violation report, addenda material, and updated Cum Sum to CALPU at CRC. 76010.31

76010.35 Outpatient Exclusions Unsuitable When the decision is made by P&CSD to exclude a releasee from the civil addict program, the unit supervisor shall forward the exclusion letter and closing case conference to the CCRM. The unit supervisor shall send a notification letter to the outpatient/civil addict parolee advising them of the plan to exclude. After the exclusion letter has been proofread and legal data verified, the letter shall be forwarded to the RPA for approval. Upon receipt from the RPA, the exclusion letter shall be retained for 15 calendar days to allow time for the releasee to file an appeal. If an appeal is not received by the end of the 15th calendar day, the CRSs shall make the following distribution: • Original and one copy to the committing superior court, along with the updated Cum Sum. If there is more than one county of commitment, a letter shall be prepared for each county, with a copy of the letter to the other committing counties. • Copy to DA of the county of commitment. • Copy to the supervising Parole Agent. • Copy to C-file. • Copy to pending file. An exclusion recommendation based upon unavailability for reasons of deportation or for a felony commitment to prison is not appealable. When the superior court provides a certified copy of the Minute Order, vacating the commitment, the original shall be retained in the C-file and one copy forwarded to the Parole Agent. 76010.36

76020.9 Process of Maintaining Records The Department's LPU is the hub institution and shall maintain the inmate's C-file while they are at CYA. Upon transfer of an inmate to CYA, case records staff shall forward the C-file to LPU. • Each inmate without an existing CDC number shall be issued a departmental identification number upon acceptance by CYA. • Headquarters OISB is responsible for commitment and movement data entry into OBIS until the release, return to the Department, or parole of the inmate. OBIS shall show the location of inmates in CYA facilities as SACCO (Sacramento Central Office), secondary unit, CYA/LPU. • LPU is responsible for the entry of time collection and IW/TIP credits into OBIS. Upon an inmate's release, parole or return to a Department facility, LPU shall forward the C-file to the appropriate institution or parole region. Any subsequent return of the inmate to custody shall be to a departmental facility. CYA shall be responsible for forwarding all documents regarding these inmates to LPU. 76020.10

81010.6.3 Ordering Release Funds For Exonerated Persons Procedure (a) Pursuant to PC 3007.05(d), in addition to any other payment entitled by law each person who is exonerated shall be paid the sum of six thousand dollars ($6,000) upon their release. When an exonerated person is released from State prison, the releasing Institutional Case Records staff will issue release funds pursuant to PC 2713.1 and 3007.05(e). (b) Institutional Case Records Staff (1) When an exonerated person is released from a facility other than directly from a CDCR institution, they are responsible for requesting their release funds by contacting the parole desk of the releasing institution. When contacted by an exonerated person requesting their release funds, Institutional Case Records staff shall: (A) Obtain the exonerated person’s address and contact the appropriate regional parole re-entry unit to determine the parole office closest to that address. (B) Complete the CDCR Form 102, attach the Exonerated Person Notice to ASB-Bakersfield and forward both documents to the Accounting Services Branch – Bakersfield (ASB – BAK) for processing and the issuance of release funds: Accounting Services Branch – Bakersfield PO Box 12050

81010.9.1 Revocation and Suspension for Offenders Resentenced Pursuant to PC 1170.18(d) Offenders resentenced pursuant to PC 1170.18(d) shall serve a maximum one- year parole term, unless the court, in its discretion, as part of the resentencing order, releases the person from parole, and shall be subject to tolling in the event of revocation or suspension of the parole term. 81010.10

81010.10.2 Closed County Denial of Transfer Requests (a) In accordance with PC 3003(i), if more than five percent of the total parolee population in a county does not have that county as their CLLR, the District Administrator may consider that county closed to transfers. The following offenders are not subject to closed county denials of transfer requests: (1) Direct placement offenders, as described in Sections 81010.2, 81010.10.5, (2) Interstate Compact offenders, as described in DOM, Chapter 8, Article 6. (3) Parolees originally sentenced to a life term and granted parole by the BPH. 81010.10.3

81010.17.2 Interstate Compact Offender Refusal to Sign Notice of Conditions and Special Conditions of Parole Procedures (a) Parole Agent (1) Interview offender to determine why the offender refuses to sign the NOC and SCOP (if applicable). (2) Attempt to resolve the dispute. (3) If the offender continues to refuse to sign the NOC and SCOP, report the violation to the sending state as behavior requiring retaking as described in Section 81060.10. The offender may be placed in custody on an interstate hold with unit supervisor approval. When submitting the violation report, the parole agent shall recommend that the sending state retake the offender. 81010.18

81020.2.9 Electronic In Home Detention Supervision Categories When a decision is made by the unit supervisor, Administrative Review Officer, or the Parole Authority to assign a parolee to the EID program, the unit supervisor shall determine if the assignment is the result of a sanction for a violation or if there is a direct nexus to enhance public safety. Offenders assigned to the EID Program shall be supervised using monthly specifications equivalent to category A and shall be designated in SOMS as follows: EID as a sanction IS EID as a monitoring tool IM Case Exceptions to California Parole Supervision Reintegration Model Cases meeting any of the following criteria shall not be assigned to CPSRM caseloads and shall be assigned to a specialized caseload: • Required to register pursuant to PC Sections 290 through 290.024. • Gang offenders meeting criteria for placement on a gang offender GPS caseload (as needed). • EOP participants and MDO cases (when there is a minimum of 32 EOP/MDO cases to establish a specialized caseload). 81020.3

81020.9.5 Home Contact Procedures Unless otherwise approved in writing and documented by the unit supervisor, home contacts shall be random and unannounced to maintain an element of uncertainty and surprise. Although the element of surprise is advantageous to the parole agent, the element of surprise may put the agent in harm’s way. The parole agent should remain alert and vigilant at all times for any signs of violations. Home contacts shall: • Be conducted at random and unannounced times, unless authorized by a unit supervisor to schedule a home contact in advance (e.g., initial home visit or to sign documents), with the duration varying each time, but lasting approximately 20 minutes. • Include a walk-through of the entire residence to establish an understanding of the floor plan, who resides within the residence, and where they reside in the residence, if applicable. • Include a cursory inspection and/or plain view search of the parolee’s personal quarters or living area. However, a more comprehensive search of the residence could be planned after conducting a case conference with the unit supervisor. • Include an inspection of the garage, yards, and any outbuildings, if applicable. 81020.10

81022.8 Sex Offender Management Program – Strategic Offender Management System A sex offender parolee’s supervision level may be increased or decreased depending on the sex offender parolee’s status following release from custody, Containment Team meetings, and/or following an arrest. As classifications are changed, the unit supervisor shall ensure the sex offender parolee’s supervision category is promptly updated in SOMS. 81022.9

81022.14 Sex Offender Management Program – Case Review The case review is a quality control mechanism used to ensure all initial contact and PC Section 290 registration requirements have been completed, and all appropriate referrals have been made. A case review shall be conducted on all initially released sex offender parolees no later than 30 days after the parole date. However, a case review shall not be required for sex offender parolees, if the case review due date coincides with or occurs after a Petition for Revocation to the courts or deferral for local adjudication, The results of the case review shall be documented on the electronic Record of Supervision. In SOMS, the case review shall be entered as a “Case Conference Review” supervision event, and “30 Day Case Conference Review” shall be entered in the note section. 81022.15

81022.16 Sex Offender Management Program – Searches Unannounced searches serve as a valuable tool in sex offender parolee supervision, as well as a public safety mechanism, and shall be performed safely and effectively, consistent with current DAPO policy. Parole agents are encouraged, with supervisory approval and when feasible, to utilize a team approach when conducting searches. Searches shall be counted towards case specifications as described in section 81022.11, and may include all relevant and available tools to conduct the search. Searches should be focused on the components dictated by the sex offender parolee’s criminal history and circumstances of their sexual behavior. Searches shall be conducted in accordance with Chapter 8, Article 3. 81022.17