Department Operations Manual

74030.25.3 Unconditional Waiver of Revocation Hearing An Unconditional Waiver includes a waiver of any right to a personal appearance before the BPT to contest the charges against the parolee but shall not be an admission of guilt. The parolee shall not later request a hearing, but may appeal the amount of time assessed by the BPT. 74030.25.4

74040.4.5 Post Hearing Procedures The CCRM shall schedule the inmate for a subsequent documentation hearing or parole consideration hearing as appropriate. Documentation hearing results shall be posted to the CDC Form 112, Chronological Inmate History. The BPT Form 1009 shall be completed by the panel at the time of the hearing and shall be effective at that time. A copy shall be given to the inmate. The BPT Form 1004, Life Prisoner: Post-conviction Progress Report, the BPT Form 1009, the psychiatric evaluation, and any other documents designated by the panel shall be incorporated as a part of the "Board Addenda" to ensure availability to the initial parole consideration hearing panel. 74040.5

74040.5.4 Hearing Package Preparation Three packages plus the original hearing material listed on the CDC Form 822 shall be prepared for use during the parole consideration hearing for non-life cases. Four packages plus the original hearing material as listed on BPT Form 1008 shall be prepared for use during the parole consideration hearing for life cases. Lifer and non-lifer packages shall contain letter-size dividers with side index tabs, divided into categories. Within each category, documents shall be filed together in reverse chronological order, beginning with the most recent dated document. The packages shall be divided into the following categories: • Case Summary. • BPH report(s) (all). • Psychiatric report(s) (all). • Prior BPH decisions (Adult Authority, Community Release Board [CRB], BPH). • Notices and responses (current hearing) including official letters, fearful letters, and supporting letters. • Legal documents: • POR. • Crime report(s). • Abstracts of judgment/Minute orders. • Charging documents. • Appellate court decisions. • Sentencing transcripts. • Miscellaneous: • Crime partner decision forms, if any. • Notice of hearing rights. • Disciplinary reports since last hearing. • Other pertinent information developed since the last hearing. • Photographic evidence. • For subsequent hearings include the last hearing transcript, not indexed. Prior to Hearing Prior to the hearing, the case records staff shall prepare the following forms: • BPT Form 1000. • BPT Form 1000(a). • BPT Form 1000(b). • BPT Form 1001. • BPT Form 1004. • BPT Form 1005. • BPT Form 1081, if applicable. • BPT Form 1082. 74040.5.5

74060.1 Policy Revised June 16, 1995 Prerelease referrals shall be processed within established time frames to assure timely reentry screening and assignment to Parole Agents. PC 6264 requires that each inmate be reviewed for work furlough consideration at least 120 days prior to their scheduled parole date. 74060.2

942883 Sacramento, CA 94283-0001 Case Records Staff Case Records staff shall forward the RPS and other material pursuant to DOM 74060.4.2 and 74060.4.3 to the parole region of the county of commitment at least 210 days prior to the scheduled release date. While preparing the prerelease lists, Case Records staff shall identify and notify the CMO of those inmates who are required to provide blood and saliva samples pursuant to PC 290.2 and who have not yet complied with the requirement. Dual Referral for Out-of-State Dual referral prerelease packages for inmates referred for out-of-state placement shall be forwarded to both the parole region of the county of commitment and the Interstate Unit pursuant to DOM 74060.9. 74060.4.1

74060.4.1 Location for Referral Revised June 16, 1995 Pursuant to PC 3003, all inmates shall be paroled to the county of commitment as defined in DOM 81010 unless the case complies with the exception criteria in that section. County of Commitment Exceptions to placement in the county of commitment may be permitted in very unusual cases by P&CSD staff. Counselor When a pre-parole case is referred or re-referred to the county of commitment contrary to the inmate's expressed desires, the counselor shall include detailed information in the RPS as to the inmate's alternative release program. If a RPS is returned to the facility and the inmate is not satisfied with the decision to release to a county other than that preferred by the inmate, the inmate may appeal that decision. See DOM 54100. 74060.4.2

74060.4.2 Material Forwarded Revised June 16, 1995 Case records staff shall forward the material specified in DOM 83000 to the appropriate parole region. POC If attendance at the POC is a special condition of parole or the case is referred "to be evaluated by POC," one completed and stamped "POC" copy of CDC Form 611, one inmate photo, and one copy of the Case Summary shall be sent to the region office. 74060.4.3

74060.5 Retention in the Department for Another Jurisdiction Revised June 16, 1995 Occasionally, a California inmate may be paroled on their departmental term and retained within a Department facility under contract with another jurisdiction. The following procedures have been developed to provide a uniform method of recording such transactions: • The C-File shall be retained at the facility. • A dummy file shall be forwarded to the Region I Records Office, including copies of: • CDC Form 112. • Case Summary. • Abstract/Minute Order. • Fingerprint Card. • Photograph. • A Field File shall be forwarded to the Interstate Unit Office in accordance with established procedures. • Under no circumstances shall the inmate/parolee be assigned an additional departmental identification number. • The Daily Report of Arrivals and Departures will show the following entry under "Notices:" • B- 12345

74060.9.2 Acceptance Case Records Staff If the proposed out-of-state placement is accepted by the receiving state, the Interstate Unit shall advise the institution, provide reporting instructions and authorize release to the out-of-state program. At the time of release, prepare a CDC Form 1532, Probation Form II-Report of Sending State Upon Probation and/or Parole Being Sent to Another Jurisdiction in quadruplicate; original to the C-File, three copies to the Interstate Unit (one copy for the receiving state and one copy for the inmate/parolee). 74060.9.3

74070.9 Modification of ISL Release by FAXs In unusual cases, when time factors make it impossible to process a parole release authorization advancing a parole date through normal channels, the unit supervisor is authorized to certify to their review of the record and compliance with BPT Rules. • The C&PR may also certify to BPT Rule compliance. • These procedures shall only be used in critical time factors. In such cases, a regular CDC Form 1504 shall be immediately prepared, signed by the unit supervisor, and forwarded to the institution for certification and appropriate processing. 74070.10

74070.22.7 Registration Time Limits The requirement to register pursuant to PC 290 is ongoing, except as provided for juveniles and for persons who have obtained a Certificate of Rehabilitation. Facility staff shall notify inmates of their registration requirements upon each discharge, parole, or release regardless of whether their records indicate that they were notified upon release from a previous commitment. Staff shall notify inmates of their requirement to register pursuant to PC 457.1 only if they are currently being confined for that offense and ordered to do so by the court. They shall be required to register for five years after discharge or expiration of parole on a first-time conviction and shall have a lifetime requirement for subsequent PC 457.1 convictions in which case the procedures described for PC 290 above shall apply. Staff shall notify inmates of their requirement to register pursuant to H&SC Code 11590 only if they are currently being confined for that offense. 74070.22.8

74070.23 Release Allowances Inmates that have served in excess of six months shall be given a total of $200.00 cash, minus the cost of release clothing and public transportation to the release program. This provision is not applicable if the inmate is released to the custody of another state or to the custody of the federal government. Payment of any remaining balances of release funds shall be forfeited by the parolee who willfully absconds after release on parole. 74070.23.1

74070.23.2 Work Furlough A furloughee may receive advances of up to $100 of the $200 total release funds. • A furloughee subject to PC 1168 who is returned to the institution and whose parole date is rescinded shall receive an amount of release funds determined in part by the amount of time served after rescission. • A furloughee who serves six months or more after rescission shall receive $200. • A furloughee who serves less than six months may receive up to $200 with the specific amount subject to the Parole Agent's decision. • A furloughee subject to PC 1170 who is returned to the institution for administrative reasons shall receive $200, minus any amount previously advanced during work furlough. Repayment of program costs, such as food and rent provided by the facility, must come from sources other than the release funds advancement. 74070.23.3

74070.23.5 Disbursements of Funds It may be appropriate to give the inmate a portion of the release allowance as they depart from the institution with the remainder sent to their Parole Agent to be given to them within 60 days of the inmate's release date. This disposition shall be specified in the parole release authorization. Inmates released to the custody of another state or to the federal government shall not receive a release allowance. Inmates released to the jurisdiction of a city or county are eligible for release allowance. 74070.23.6

75010.7.1 Material Forwarded To BPT Revised December 24, 1992 The original BPT Form 1132 shall be sent by first-class mail or messenger to the BPT Headquarters' calendar and shall include a packet of material for each parolee. The packet shall contain and be assembled as follows: • One copy of the CDC Form 600, Wanted Persons System Notification- Addendum, prepared only for initial PAL report. • One copy of Parole Agent's report. • BPT copy of permanent addenda if requested by the unit. • BPT Form 1130 (no copy placed in C-File until signed by BPT). 75010.7.2

75010.8 Revocation Hearings Revised December 24, 1992 Regional Hearing Coordinator Technical Violation The Regional Hearing Coordinator shall follow the procedures set forth in DOM 84000 for scheduling and conducting revocation hearings. A Revocation Hearing should be held within 45 days of parole hold or discovery of parole violation pursuant to BPT Rule 2640(1)(f). A technical violator may be returned and placed in a departmental facility pending a Revocation Hearing. 75010.9

76010.14 Scope Of Case Review Procedures Case review procedures are those to which the release readiness criteria will be applied and the individual evaluated for release consideration. The Case Summary format shall be utilized to report and document the residents’ progress in C-file. If both the CC-I and CC-II concur in a recommendation for release consideration, the summary, which will include the referral, shall be forwarded to the appropriate parole office for release program study investigation. When the Warden or designee approves an early release, the information shall be relayed to the Parole Agent telephonically. 76010.15

76010.15 Director Certification The Warden or designee of CRC shall review the entire summary (including the RPS) and determine whether certification for release is in order. If so certified, the case shall be placed on the next NAEA hearing calendar accompanied by an NAEA Board Order: • Institution Calendar (CDC Form 360). • Outpatient Releasee Limited Placement (CDC Form 362). • Civil Addict Parolee Limited Placement (CDC Form 362-A). If the NAEA concurs, dependent somewhat upon the specifics of the release plan, it is anticipated that the individual will be released within seven days following the decision of the NAEA board. In the event the Warden does not feel certification is indicated, he/she shall state the findings on the NAEA hearing certification work sheet and return case responsibility to the CC-I. A duplicate copy of the work sheet shall be forwarded by the records office to the appropriate parole office. If there is deterioration in the behavior and/or adjustment, the case shall be referred to the program unit classification for review. 76010.16

76010.32 Process Cases For Bye Hearing The provisions of the California Supreme Court case, In re Bye, extended certain hearing rights on alleged revocation of OPS/civil addict parole to the civil addict program. If the releasee/parolee desires a hearing or refuses to sign the "Bye Papers," the action shall be referred to CALPU at CRC. With the exception of voluntary returns, two Cum Sums shall be updated, one to remain in the C-file and the other to be forwarded to the NAEA calendar. The regional CCRM shall make sure that a current Violation Report Fact Sheet, (CDC Form 1521), accompanies each case to be presented to the NAEA calendar. 76010.33

76010.34 NAEA/P&CSD Calendar Order Cases presented to the NAEA on the P&CSD calendar shall be in order as follows: • Confirm oral order of return (Include remove RAL/PAL if applicable). • Suspend - return (Include remove RAL/PAL if applicable). • Suspend - return with new commitment. • Suspend - reinstate (Include remove RAL/PAL if applicable). • Continue on OPS/civil addict parole. • Suspend - RAL/PAL. • Remove RAL/PAL status. • Defer pending adjudication. • Miscellaneous order. • Discharge from parole (civil addict). • Recommend discharge (outpatient). Calendar List A typewritten list of those persons scheduled, in calendar order, shall be prepared. NAEA Board Order A CDC Form 1608 shall be prepared for each resident scheduled on the calendar and stapled to the front of one copy of the NAEA board report. Institution Appearance Evaluation Sheet A copy of any CDC Form 279-L, which was prepared at a release calendar postponing release, shall be included in the hearing packets. 76010.34.1