Department Operations Manual

76010.34.2 Processing Vote Sheets Immediately upon receipt of the signed CDC Form 1608, CRSs shall: • Post CDC Form 112. • Post CDC Form 144. • Distribute copies of the CDC Form 1608 as follows: • Original to C-file. • Copy 1 to NAEA. • Copy 2 to Parole agent. • Copy 3 to Parolee/releasee. 76010.35

76010.41.2 Expiration of Commitment W&I 3201 Forty-five days prior to expiration of commitment, the CCRM shall forward to the units a list of all persons scheduled for discharge, requesting a closing case summary. Thirty days prior to the discharge date, the CCRM shall prepare a CDC Form 344-A (DOM 80000). The RPA shall approve and sign the certification for the Director. The CCRM shall forward the original and five copies, along with an updated Cum Sum, to the committing court(s) for further proceedings on the suspended criminal offense(s). For multiple commitments, a Cum Sum and copy of the certificate of discharge shall be sent to each committing court. Upon receipt of the CDC Form 344-A signed by a judge of a superior court(s), case records staff shall make the following distribution: • Original to parolee. • Copy to parole unit (if applicable). • Copy to C-file. The CDC Forms 112 and 144 shall be posted to reflect discharge effective the date of the expiration of commitment. The discharge date shall be input into OBIS. 76010.42

81010.2.1 Determination of County of Last Legal Residence (a) The CLLR for non-sex offenders, or city of last legal residence for sex offenders, is the county or city of residence where the offender resided prior to incarceration for the most recent commitment offense. If an offender has multiple commitment offenses, the most recent offense shall determine the CLLR or city of last legal residence. The following criteria, listed in order of priority, shall be utilized to determine the CLLR or city of last legal residence: (1) The last residence as recorded on the Probation Officer’s Report (POR) for the current commitment. (2) The last address as identified on the sentencing transcript for the current commitment. (3) The last residence as recorded on the arrest report for the current commitment. (4) The county of commitment. (b) If the POR, sentencing transcript, and arrest report for the current commitment identifies that the offender was transient or homeless, the offender shall be paroled to the County of Commitment or city of last legal residence for sex offenders. (c) To be considered the last legal residence, the document used to verify the CLLR or city of last legal residence must have a complete street address, which includes a route or street number, route or street name, and city name. Post office boxes can be considered for rural areas if the parole unit responsible for that area confirms that only post office boxes are used. Incomplete addresses, ambiguous references to street intersections in lieu of a complete address, and addresses listed only by the name of a business shall not be considered for determining the CLLR or city of last legal residence. 81010.3

12050 Bakersfield, CA 93389-2050 (C) ASB – BAK will send the release funds to the parole office identified on the CDCR Form 102. (c) Designated Parole Unit (1) Unit Supervisor (A) Upon receipt of the processed CDCR Form 102 and release funds from ASB – BAK, the unit supervisor or designee shall: 1. Ensure that the exonerated person signs the CDCR Form 102. 2. Sign the CDCR Form 102 as a witness confirming issuance. 3. Once the CDCR Form 102 is signed, issue the release funds to the exonerated person. (B) The signed CDCR Form 102 and one copy shall be sent to ASB – BAK. (C) Funds not disbursed and debit cards not activated within 30 days from the date of issuance must be returned to ASB – BAK. Any checks outstanding for more than 60 days from the date of issue will be voided. 81010.7

81010.21 United States Immigration and Customs Enforcement Detainer Policy (a) If known, SOMS and the RPS shall specify if an offender will be paroled to a USICE hold. DAPO is responsible for monitoring case status both prior to completion of deportation proceedings and after deportation according to the following procedures: (1) Each DAPO Region shall maintain a Regional ICE Unit. (2) The Regional ICE Unit is the repository for field files for all offenders who are in the custody of ICE and/or pending deportation. The Regional ICE Unit shall also monitor deported parolees. (3) A SCOP shall be imposed on all cases that have a USICE detainer prior to release stating, “If deported you shall not re -enter the United States of America (USA) illegally.” 81010.21.1

81010.21.1 United States Immigration and Customs Enforcement Detainer Procedures When a parole agent becomes aware of an offender under their supervision is being held in USICE custody, or has an active USICE hold or detainer, they shall prepare that case for transfer to the respective Regional ICE Unit. The parole agent shall forward the reports and field file to the unit supervisor for approval. Once approved by the unit supervisor, the case shall be transferred to the respective Regional ICE Unit according to current DAPO policy. Information justifying the reason for the transfer to the Regional ICE Unit shall be entered into SOMS. 81010.21.2

81020.3 Workload Management Workload distribution and management is essential to be effective in administering the CPSRM. Uniform guidelines have been established for determining workload. The unit supervisor or designee shall ultimately be responsible for the distribution of the workload to subordinate parole agent staff within the CPSRM parole unit. 81020.3.1

81020.7.6 Category HC - Case Supervision Requirements – Each Calendar Month Parolees assigned to category HC shall require one collateral contact associated with efforts to locate the suspended parolee. 81020.7.7

81021.5 Locked Urinalysis Sample Storage Container Revised August 8, 2023 (a) To ensure the integrity of the urinalysis sample is not compromised in temporary storage, staff shall maintain security of the urinalysis sample from the point of collection and storage to the subsequent transfer to the contracted courier. Each parole unit shall maintain the locked urinalysis sample storage container in a secure location. This shall be in an area where parolees or visitors are not allowed unattended access. Only the unit supervisor shall maintain the key and be granted access to the locked urinalysis sample storage container to facilitate courier pick-up. (b) The labeled and sealed urinalysis sample shall be secured in the locked urinalysis sample storage container. This shall serve to maintain the chain of custody of the urinalysis sample. The transportation bag shall be maintained inside the locked urinalysis sample storage container. The contracted courier will utilize the transportation bag for transport of urinalysis samples. 81021.6

81022.6 Sex Offender Management Program – Court Walkovers Prior to being placed on an active sex offender parolee caseload, sex offender parolee court walkovers shall have an active CDC number issued to them as outlined in current DAPO policy. 81022.7

81022.18 Sex Offender Management Program – Unit Supervisor The unit supervisor shall administratively manage the quality of sex offender containment within their parole unit. The unit supervisor shall, at a minimum: • Utilize the SOMS Unit Workload Summary report for determining workload. • Balance and maintain an equitable combination of supervision categories. • Ensure that the nexus for imposing SCOP related to the sex offender containment model is imposed in accordance with Chapter 8, Article 1. • Transfer PAL cases in accordance with current policy in respect to referrals for apprehension. • Coordinate community relationships with local law enforcement agencies and victim advocacy groups. • Monitor that all initial contact and PC Section 290 registration requirements have been completed and all appropriate referrals have been made. • Ensure GPS monitoring procedures are followed in accordance with this article. • Ensure there is proper parole unit coverage in their absence. • Conduct periodic reviews to ensure monthly specifications for suspended SOMP cases are performed and documented on the electronic Record of Supervision. • Complete additional duties as assigned by the District Administrator. 81022.19

81022.19 Sex Offender Management Program – District Administrator Each District Administrator shall ensure that sex offender parolee caseloads within each parole unit/complex/district are created and managed in accordance with the mandates pursuant to current DAPO policy and procedures. 81022.20

81023.4 Sharing of Global Positioning System Data and Subpoena Process Policy The sharing of GPS printed or recorded data shall be restricted to identified law enforcement personnel. Such law enforcement-oriented GPS collaboration shall only occur for the purposes of investigating incidents, assisting the prosecution, or when responding to a subpoena in accordance with the following process. Whenever a subpoena duces tecum requiring production of GPS documentation or data is received at a parole unit, the subpoena shall be forwarded as soon as operationally possible to the Regional Litigation Coordinator for appropriate disposition. The Regional Litigation Coordinator shall request the GPS documentation or data from the GPS vendor via the EMU Program Manager or designee. At no time shall GPS data or GPS protocols be released to any other entity without prior approval of the EMU Program Manager. At no time shall a GPS parole agent share computer log-in and password information. 81023.4.1

81023.5 Media Contacts Regarding Global Positioning System Policy All contacts from the media regarding the use of GPS as a parole supervision tool shall be forwarded to the respective regional Public Information Officer. The regional Public Information Officer shall liaison with the DAPO EMU Program Manager and the CDCR Office of Public and Employee Communications regarding specific policy requests or GPS supervision protocols. GPS data or other information that would jeopardize the safety of staff or parolees shall not be released to the media. 81023.6

81035.8 Unit Supervisor Documentation Upon receipt of the evidence and CDCR Form 1136, the unit supervisor will record the following information on CDCR Form 1221: • Parolee’s name and CDCR number. • Date and time evidence received. • Description of evidence. • Name of parole agent from whom evidence was received. • Date and time evidence released. • Signature of unit supervisor who received the evidence. The unit supervisor shall retain custody of the evidence until final disposition of the evidence is recorded in the Disposition/Comments section of CDCR Form 1221. 81036.1

81050.3.2 Reporting Significant Events for Lifers The following significant events shall be reported to the DAPO Policy and Procedures Unit for inclusion in the Daily Report: • A lifer transitions from stable housing to transient status or resides in a homeless shelter. • A lifer is terminated from stable employment. • A lifer’s whereabouts become unknown and parole is suspended. • A lifer is arrested. • A lifer is reinstated on parole. • A lifer receives a remedial sanction for a violation. • A lifer is returned to prison with “lifer inmate status.” • A lifer is sentenced to a new prison term. 81050.4

81050.6.4 Ongoing Notification Requirements When an offender under DAPO supervision has previously made a threat towards a public official, the parole agent shall make the following notifications: • If the offender absconds, a synopsis of the threat incident shall be documented in the warrant request, and the agency or agencies notified when the threat was made shall be notified that the offender has absconded. • When the offender discharges from parole, the agency or agencies notified when the threat was made shall be notified. 81050.7

81060.1 Interstate Policy (a) California is a member of the Interstate Compact for Adult Offender Supervision. This compact is the legal authority that permits an offender convicted of a crime in one state (sending state) to be supervised in another state (receiving state). (b) Compact Offenders shall receive similar services as California parolees and shall be supervised in the same manner as a California parolee. The California Department of Corrections and Rehabilitation (CDCR) do not have the authority to place Compact Offenders in a California prison. If any section within Article 6 is in conflict with the published rules of the Interstate Commission for Adult Offender Supervision (ICAOS), the published rules of the ICAOS shall prevail. Any conflict that cannot be resolved shall be referred to the Interstate Compact Unit (ICU) for clarification. 81060.2

81060.2 Interstate Definitions (a) California Adult Compact Commissioner The Director, Division of Adult Parole Operations (DAPO), or designee. (b) Cooperative Parolee A person under supervision according to the provisions of the Interstate Compact for Adult Offender Supervision. (c) Interstate Commission for Adult Offender Supervision The Interstate Commission for Adult Offender Supervision (ICAOS) manages the day-to-day operations of the Interstate Compact for Adult Offender Supervision. Rules promulgated by the ICAOS shall have the force and effect of statutory law and shall be binding in the compacting states. (d) Interstate Compact for Adult Offender Supervision A formal agreement between member states that seeks to promote public safety by systematically controlling the interstate movement of certain adult offenders. California's participation is authorized by the Penal Code (PC). For purposes of this Article, th is shall be herein referred to as “The Compact.” (e) Interstate Compact Offender Tracking System The internet-based electronic database is used by all parties of the ICAOS for communication and the sending and receiving of ICAOS official forms. The Interstate Compact Unit (ICU) staff are responsible for accessing and using the Interstate Compact Offender Tracking System (ICOTS) in accordance with ICAOS rules. (f) Interstate Compact Unit The ICU coordinates the functions of ICAOS. (g) Resident (a) A person who: (1) Has resided in a state for at least one year continuously and immediately prior to either the supervision start date or sentence date for the original offense for which transfer is being requested; and (2) Intends that such state shall be the person’s principal place of residence; and (3) Has not, unless incarcerated or under active military orders, remained in another state or states for a continuous period of six months or more with the intent to establish a new principal place of residence. (h) Sending State The state requesting the transfer of an offender or which transfers supervision of an offender under the terms of the Compact and its rules. (i) Receiving State The state to which an offender requests transfer of supervision or is transferred. (j) Strategic Offender Management System CDCR’s electronic automated offender management system that consolidates existing databases and records to a fully automated system and replaces certain manual paper processes. (k) Behavior Requiring Retaking An act or pattern of non-compliance with conditions of supervision that could not be successfully addressed through documented corrective action or graduated response would result in a request for revocation of supervision in the receiving state. (l) Behavior Not Requiring Retaking An act or pattern of non-compliance with conditions of supervision that can be addressed through remedial sanctions at the unit level. 81060.3

81060.4 Distribution of Interstate Forms All ICAOS forms referred to in this article shall be placed on the department intranet site and accessible to the parole units, regional headquarters, and department headquarters. ICAOS forms are created and managed by the ICAOS and distributed to the states. DAPO staff shall use ICAOS forms to communicate with other states via the ICU. DAPO staff shall send all ICAOS forms electronically to ICU via the ICU electronic mail address: [email protected]. 81060.5