Department Operations Manual

81060.6.2 Obtaining Fingerprints, Palm Prints, and DNA Sample Policy (a) Offenders accepted for supervision in California are required to submit fingerprints, palm prints, and Deoxyribonucleic Acid (DNA) samples pursuant to PC 296.1(a)(5)(A). If a Compact Offender refuses to comply with instructions to submit the sample, this shall be considered a behavior requiring retaking. Pursuant to PC 296.1(a)(5)(B), the samples must be obtained at the county jail, or other location designated by the county, in the county where the Compact Offender resides within five calendar days of reporting to DAPO. If the county refuses to obtain the samples, at no fault of the Compact Offender, this shall not be considered a violation. After reasonable attempts, if county jail staff will not obtain the samples, the parole agent shall obtain the fingerprints, palm prints, and DNA sample in the same manner as a California parolee. 81060.6.3

81060.8.2 Compact Offenders Transfer and Travel to Subsequent State Procedures (a) Parole Agent (1) At the request of a Compact Offender to transfer to a subsequent receiving state, the parole agent shall: (A) Assist the sending state in acquiring the Compact Offender’s signature on the “Application for Interstate Compact Transfer,” ICAOS form and any other forms that may be required by the rules of ICAOS. (B) Complete a “Progress Report” ICAOS form. (C) Submit the forms to ICU for transmission to the sending state. (D) Upon notification that the subsequent transfer has been approved and receipt of reporting instructions from the sending state, issue a travel permit according to current DAPO policy and consistent with ICAOS rules and provide to the Compact Offender. (E) Submit the “Case Closure Notice” ICAOS form to ICU after the Compact Offender leaves California. 81060.8.3

81070.2.1 Bank Draft Usage Procedures Unit Supervisor Submits memorandum (by channels) specifying need for use of bank drafts to Financial Management and Support Services Branch to obtain approval to implement Bank Draft System. Contacts local bank using CDC Form 910, Form Letter, if approval to implement Bank Draft System is obtained. Designates a clerical staff person, fund custodian and two additional employees who have authorization to sign bank drafts. Ensures each employee designated above signs CDC Form 910A, Individual Issuance and Cancellation of Authorization to Sign Bank Drafts, on line "Restricted Signature Specimen". Cancels authorization when a designated person's status changes. Forwards CDC Form 910A, Authorization to Sign Bank Drafts, in duplicate to Headquarters, Accounting when authorizing or canceling Authorization to Sign Bank Draft. Designates clerical staff person (other than fund custodian) as collection clerk (A Parole Agent may be assigned collection responsibilities). Ensures that in absence of fund custodian bank drafts are signed by two employees who can authorize cash assistance expenditures (The number of employees authorized to issue or countersign bank drafts will not exceed three in any field parole office). Ensures that a person other than fund custodian is thoroughly familiar with forms, records and procedures so that a fully trained replacement is always available. Completes listing of CDC Form 1197, Authorized Bank Draft Personnel, and maintains in unit. 81070.3

82001.1 Employee Vehicle Change Request (a) An employee may request to change their assigned vehicle for a larger or smaller vehicle, for a different type of vehicle, or for a reasonable accommodation due to a disability or medical condition which affects the employee’s ability to drive the assigned vehicle. (1) Disability or Medical Condition Reasonable Accomodation (A) A request for a change in vehicle assignment that is based on a disability or medical condition shall be made via the CDCR Form 855, Request for Reasonable Accommodation. The employee shall complete sections A and B of the form, provide supporting medical documentation, and submit it to their supervisor. (B) The supervisor shall discuss the essential functions and noted limitations with the employee. After the supervisor has discussed the essential functions and limitations with the employee, the supervisor shall complete the CDCR Form 855, section “Immediate Supervisor.” The completed CDCR Form 855 shall be forwarded to the regional return to work coordinator (RTWC) for processing. (C) The RTWC shall discuss the reasonable accommodation process with the employee to identify if an accommodation is possible. The reasonable accommodation process requires a list of the essential functions of the employee’s classification be provided to the employee’s designated physician. After reviewing the essential functions, the RTWC will request the physician to provide the RTWC with a written response as to whether the employee is able to perform the essential functions of the job and outline any and all limitations the employee may have. The RTWC is responsible for directing the reasonable accommodation process. To expedite this process, the employee should be responsive to information requests made by the RTWC. (D) If the supervisor discovers that the request is due to an on-the-job injury or illness, the supervisor shall provide the employee with a State Compensation Insurance Fund, Workers’ Compensation Claim Form e3301 within 24 hours of discovery and notify the Parole Administrator. The supervisor shall then contact the RTWC to coordinate the submission of all necessary workers’ compensation forms. State Compensation Insurance Fund Workers’ Compensation Claim Form e3301, can be accessed at https://content.statefundca.com/pdf/e3301.pdf . (2) Other Requests: A request for a change in vehicle assignment that is not based on a verifiable disability and/or medical condition can be made by submitting a written request to the supervisor via the CDCR Form 1617, Memorandum. This request shall include: (A) An outline of the specific request being made. (B) An explanation or justification as to why the request should be granted. (C) The supervisor shall review and consider the request based on its merit. The supervisor shall approve or deny the request in writing and provide a response to the employee within 20 working days of receipt. (D) For any approved request for a different assigned vehicle, the supervisor shall notify the Parole Administrator and make the necessary arrangements with the regional vehicle coordinator or designee to determine if a vehicle is available to meet the needs of the employee. 82001.2

82101.3 Regional Reentry Unit Procedures Within one business day of receipt of BPH Form 3005, the Regional Reentry Unit shall assign the case to a parole unit and notify CTP staff of the parole unit assignment. Normally, BPH Form 3005 will be received prior to the Regional Reentry Unit’s receipt of the electronic Release Program Study (RPS), via routing through the Strategic Offender Management System (SOMS). The Regional Reentry Unit shall not wait for the RPS and shall assign the case based solely on the information on the BPH Form 3005. When a RPS is received first, it shall be retained pending receipt of the BPH Form 3005. 82101.4

83010.1 Introduction Community-based programs provide the opportunity for transition from close confinement to less restrictive living for selected inmates. Placing inmates in these programs also reduces prison overcrowding. The Division of Adult Parole Operations (DAPO) administers the reentry program through policies and procedures designed to accomplish program objectives in a cost-effective manner. California Department of Corrections and Rehabilitation (CDCR) staff monitor facility practices through a range of techniques intended to assess policy compliance and provide for corrective action. CDCR staff and contractors help inmates participating in community-based programs make the transition from prison to the community by providing a range of services. Additionally, they initiate the necessary action to interrupt any participant behavior that threatens the facility or the community. They also provide those services necessary to begin a successful transition to parole or post-release community supervision. 83010.2

83020.2 Pre Release Procedures Division of Adult Institutions: After tentatively approving an inmate for ACP participation, the DAI Female Offenders Programs and Services (FOPS) ACP Program Manager shall fax or email a copy of the CDCR Form 2234, Alternative Custody Program (ACP) Application and Voluntary Agreement, and CDCR Form 611-A, Alternative Custody Program Information Sheet, to the appropriate Regional Reentry Unit. Within one business day, the Regional Reentry Unit shall assign the case to a parole unit and forward the CDCR Forms 611-A and 2234 to the assigned parole unit. 83020.2.1

83020.5 Curfew Requirements for Alternative Custody Program Participants (a) A curfew range shall be established for all ACP participants. (1) The curfew range shall normally be any uninterrupted 10-hour span every day, and under no circumstances shall the curfew range be less than any uninterrupted 8-hour span. (2) The hours shall normally be from 8:00 p.m. to 6:00 a.m. (b) The curfew range shall be stated on the CDCR Form 1516-ACP. The start and end time of the curfew range may be adjusted to accommodate the participant's verified hours of work, school, and training. All requests to temporarily modify the 8-hour curfew requirement shall require a case conference with the unit supervisor. Upon unit supervisor approval, document the approved curfew modification on the CDCR Form 1502, Activity Report, and forward to the FOPS ACP Program Manager. (c) While it is the expectation that participants will be involved in programs, services, or employment, under no circumstances will the requirement for restriction to their residence for a specified period of time be completely waived. The parole agent may waive the requirement during a medical emergency for the period of time required for the care of the participant. (d) Curfew Violations The following will serve as a guideline when a participant has violated established curfew restrictions. If the duration of the curfew violation falls within the following parameters: (1) Less than 20 minutes - the participant shall be verbally admonished; (2) 21-120 minutes - the parole agent and unit supervisor shall conduct a case conference and recommend suitability for continuing participation to the FOPS ACP Program Manager; (3) Greater than 120 minutes or a second offense greater than 20 minutes - the participant may be removed from the private residence or facility by initiating Return to Institution (RTI) procedures. 83020.6

83020.8.2 Electronic Monitoring Procedures (a) PC 1170.05 states that an ACP program shall include the use of electronic monitoring, Global Positioning System (GPS), or other supervising devices for the purpose of helping to verify a participant’s compliance with the rules and regulations of the program. The data collected from the electronic monitoring device is retained indefinitely and may be shared with other law enforcement agencies. (b)The installation of the electronic monitoring device shall be accomplished the day the participant arrives at the parole unit. Under no circumstances shall the participant be without electronic monitoring beyond the first business day after release. If there are extenuating circumstances that result in any deviation from the statutory electronic monitoring requirement, the parole agent and unit supervisor shall conduct a case conference to determine if RTI is warranted. (c) All electronic monitoring system alerts such as low battery, strap tampers, or other equipment alerts shall be investigated as directed in the DAPO Electronic In-Home Detention program policy. Alerts that are deemed to be program violations and all curfew violations shall be documented on the ROS and the CDCR Form 1502. A copy shall be forwarded to the FOPS ACP Program Manager within the established timelines. (d) When immediate activation of the GPS on an electronic monitoring unit, also known as an Electronic In-Home Device (EID), is necessary due to exigent circumstances, the following shall apply: (1) The agent of record shall conduct a case review with the unit supervisor or designee regarding the exigent circumstances, obtain approval to activate the GPS, and document the case review on the ROS. (2) The unit supervisor, or designee, shall notify the appropriate Chief Deputy Regional Administrator to inform them of the need to activate the GPS. (3) The unit supervisor, or designee, shall contact the EMU regional coordinator for activation and monitoring of GPS tracks. (4) EMU shall document the approved requests for GPS tracking and all GPS activity on the ROS. (5) EMU shall ensure that the GPS is activated, and deactivated, when appropriate. (6) At no time shall EMU activate the GPS on an EID without prior approval. 83020.8.3

83020.8.3 Misconduct Return (a) If the participant has been involved in any type of misconduct or failure to abide by the requirements on the CDCR Form 1516-ACP, a CDCR Form 1502 shall be initiated describing the misconduct and identifying PC 5054.1 and 1170.05 as the authority for an RTI. Failure to abide by the provisions of the ITRP or the requirements are grounds for immediate removal from the program. Reporting program participant misconduct shall be documented on a CDCR Form 1502 and shall be forwarded to the FOPS ACP Program Manager within established time frames under the following conditions: (1) When DAPO is notified or becomes aware that a participant has been involved in any form of misconduct, identified as a suspect or arrested by local law enforcement, a case conference shall be conducted by the parole agent and unit supervisor. (2) If the case conference determines that the behavior warrants RTI, DAPO staff shall notify the FOPS ACP Program Manager immediately and coordinate the return of the participant to a designated institution via county jail or direct admit. Relevant information, similar to information needed for parole violation reports, shall be documented on the CDCR Form 1502. (b) The CDCR Form 1502 and any/all reports, e.g., police reports, urinalysis test results, witness testimony, etc., relevant to the behavior shall be forwarded to the FOPS ACP Program Manager. 83020.8.4

83020.8.4 Voluntary Returns (a) In the event a participant elects to voluntarily return to an institution, the parole agent will interview the participant in an attempt to resolve the issues concerning the participant's request to RTI. When appropriate, the parole agent shall case conference with the unit supervisor, FOPS ACP Program Manager, and participant to review the circumstances and attempt to resolve the participant's reason(s) for requesting the voluntary return. The following shall then occur: (1) The participant shall be RTI via gate turn-in or detained and transported to the nearest county jail. (2) The FOPS ACP Program Manager shall be notified of all voluntary returns. (3) Voluntary returns shall be documented on a CDCR Form 1502 and a copy forwarded to the FOPS ACP Program Manager. (4) After being returned to an institution, the inmate may submit a new request for program participation on a new CDCR Form 2234. 83020.8.5

83030.2 Pre-Release Procedures for Custody To Community Transitional Reentry Program After tentatively approving an inmate for CCTRP participation, the DAI Female Offenders Programs and Services (FOPS) ACP/CCTRP Program Manager shall fax or email a copy of the CDCR Form 2234-CCTRP, Custody to Community Transitional Reentry Application and Voluntary Agreement, and CDCR Form 611-A, Alternative Custody Program Information Sheet, to the Parole Agent II (Specialist) at the designated CCTRP facility. The Parole Agent II (Specialist) shall return the approved CDCR Forms 2234-CCTRP and 611-A to the FOPS CC III, who will create an ACP packet. The FOPS CC III will forward the packet to the Classification Staff Representative for endorsement to the CCTRP facility. 83030.2.1

83030.4 Curfew Violation Guidelines for the Custody to Community Transitional Reentry Program (a) The following will serve as a guideline when a participant has violated established curfew restrictions. If the duration of the curfew violation falls within the following parameters: (1) Less than 20 minutes - the participant shall be verbally admonished; (2) 21-120 minutes - the Parole Agent II (Specialist), CC III, and Contract Program Director shall case conference the issue with FOPS Administration. FOPS Administrators shall determine the participant’s suitability for continuing participation. (3) Greater than 120 minutes or a second offense greater than 20 minutes - the participant may be removed from the facility by initiating Return to Institution (RTI) procedures. The Parole Agent II (Specialist), CC III, and Contract Program Director shall case conference with FOPS Administration to determine the participant’s suitability to remain in the community. FOPS Administrators shall make the final decision to initiate RTI procedures. 83030.5

83030.12 Voluntary Returns (a) In the event a participant elects to voluntarily return to an institution, the Parole Agent II (Specialist) will interview the participant in an attempt to resolve the issues concerning the participant's request to RTI. Where appropriate, the parole agent shall case conference with the unit supervisor, CC III, and participant to review the circumstances and attempt to resolve the participant's reason(s) for requesting the voluntary return. The following shall then occur: (1) The participant shall be RTI via direct admit or detained and transported to the nearest designated institution via county jail. (2) The FOPS ACP/CCTRP Program Manager shall be notified of all voluntary returns. (3) Voluntary returns shall be documented on a CDCR Form 1502 and a copy forwarded to the FOPS ACP/CCTRP Program Manager. (4) After being returned to an institution, the inmate may submit a new request for program participation on a new CDCR Form 2234-CCTRP. 83030.13

83040.3 Curfew Requirements (a) Participants in a MCRP shall have a curfew special requirement documented on the CDCR Form 1516-MCRP: (1) The curfew range shall normally be any uninterrupted 10-hour span every day, and under no circumstances shall the curfew range be less than any uninterrupted 8-hour span. (2) The hours shall normally be from 8:00 p.m. to 6:00 a.m. (b) The start and end time of the curfew range may be adjusted to accommodate the participant's verified hours of work, school, and training. All requests to modify the 8-hour curfew requirement for activities unrelated to work, school, or training shall require a case conference between the Parole Agent II (Specialist) and CC III. The case conference shall be documented on the Automated CDCR Form 1650-D, Record of Supervision (ROS), located in SOMS, and a CDCR Form 1502, Activity Report. In the event of a medical emergency, if the CC III is not available, the Parole Agent II (Specialist) may authorize a leave. 83040.3.1

83040.9 Misconduct Return (a) If the participant has been involved in any type of misconduct or failure to abide by the requirements on the CDCR Form 1516-MCRP, a CDCR Form 1502 shall be initiated annotating the misconduct and identifying PC 5054.1 and 1170.05 as the authority for a participant RTI. Failure to abide by the requirements represented on the CDCR Form 1516-MCRP are grounds for immediate removal from the program. Reporting program participant misconduct shall be documented on a CDCR Form 1502 and a copy shall be forwarded to the on-site CC III as soon as possible under the following conditions: (1) When DAPO is notified or becomes aware that a participant has been involved in any form of misconduct, identified as a suspect or arrested by local law enforcement, a case conference shall be conducted by the Parole Agent II (Specialist) and CC III (or designee if the CC III is unavailable) and unit supervisor to determine if RTI is warranted. (2) If the case conference determines that the behavior warrants RTI, DAPO staff shall notify the DRP MCRP Program Manager immediately and coordinate the return of the participant to a designated institution via county jail or direct admit. Relevant information, similar to information needed for parole violation reports, shall be documented on the CDCR Form 1502. (b) The CDCR Form 1502, and any/all reports, e.g., police reports, urinalysis test results, witness testimony, etc., relevant to the behavior shall be forwarded to the CC III.

83040.10 Voluntary Returns (a) In the event a participant elects to voluntarily return to an institution, the Parole Agent II (Specialist) will interview the participant in an attempt to resolve the issues concerning the participant's request to RTI. Where appropriate, the Parole Agent II (Specialist) shall case conference with the unit supervisor, the CC III, and the participant to review the circumstances and attempt to resolve the participant's reason(s) for requesting the voluntary return and the following shall occur: (1) The participant shall be RTI via gate turn-in or detained and transported to the nearest county jail. (2) The DRP MCRP Program Manager shall be notified of all voluntary returns. (3) Voluntary returns shall be documented on a CDCR Form 1502 and a copy forwarded to the DRP MCRP Program Manager. (4) After being returned to an institution, the inmate may submit a new request for program participation. 83040.11

84050.1 Policy As a result of the 2011 Public Safety Realignment, as defined in Assembly Bill 109 and subsequent related legislation, the authority for the parole revocation and warrant process shifted from the Board of Parole Hearings to the superior court within each of the 58 counties in the State of California. The shift also included the responsibility for determining and locating witnesses. 84050.2

84050.3 Definitions Confidential Witness An informant whose identity is unknown to the parolee and who could be subject to harm if the person’s identity were known. Fearful Witness A person who has given adverse information about the parolee and is unwilling to testify due to fear of repercussions. Minor/Juvenile A person who is under 18 years of age. Victim A person who was harmed, injured, or killed as a result of a crime, accident, or other event or action. Witness A person whose expected testimony supports the violation charged. The primary witness (victim, on-the-scene police officer, complainant, etc.) should be present at the revocation hearing. 84050.4

84090.1 Policy California Penal Code (PC) section 2962 requires that specific convicted felons who are severely mentally disordered be provided psychiatric treatment by the Department of State Hospitals (DSH) as a special condition of parole. Continued treatment may be required upon termination of parole. 84090.2