Department Operations Manual

74070.27 Certificate Of Discharge A CDC Form 163, Certificate of Discharge, shall be prepared by the Records Office, extracting necessary data from the C-File for all inmates/parolees whose legal jurisdiction of the Department has been terminated either by expiration of maximum term or expiration of the BPT's term. One CDC Form 163 shall be prepared. The form shall provide the following information only: • Dischargee's departmental identification number. • Dischargee's legal commitment name. • Dischargee's official date of term(s) expiration. 74070.27.1

74070.28.1 Case Records Responsibilities Upon an inmate's transfer to a federal prison prior to transferring to a foreign country, the CCRM shall post to the CDC Form 112, "Transferred to (name of federal prison) for verification hearing pursuant to Treaty on the Execution of Penal Sentences." When notified that the inmate has actually transferred to the foreign country, the CCRM shall: • Enter on the Daily Report of Arrivals and Departures "Discharged effective date; transferred to (name of foreigncountry)." • Post discharge on CDC Form 112. • Forward all records to the nearest regional parole records office for microfiching and subsequent transfer to the Archives Unit. 74070.29

74070.30 References CCR (15) (2) and 3. GC § 12012.1. H&SC § 11590. PC §§ 290, 457.1, 2690, 2692, 2713, 2974, 3000, 4755, 11175 - 11179. W&I §§ 1752.81 and 3054. Sections Of Offense Codes Requiring Registration Under PC 290 PC Sections 220 Assault with intent to commit rape, sodomy, oral copulation, or 264.1, 288, or 289. 261(1) Rape where person is incapable because of mental disease, defect of disorder or because of physical disability of giving legal consent. 261(2) Rape by means of force or fear. 261(3) Rape where person prevented from resisting by intoxication, anesthetic or controlled substance. 261(4) Rape where a person is, at the time, unconscious of the nature of the act. 261(6) Rape where the act is accomplished against the victim’s will by threatening to retaliate in future against victim or any other person. 264.1 In concert with another person, committing by force or violence acts as described in 261 or 289. 266 Inveiglement or enticement or unmarried female under 18 for purposes or prostitution, etc.; aiding and abetting; procuring female for illicit intercourse by false pretenses. 267 Abduction of person under 18 for purpose of prostitution. 272 Causing, encouraging or contributing to delinquency of persons under 18 years because of any offense involving lewd and lascivious conduct. 285 Incest. 286 Sodomy. 288 Lewd and lascivious acts with child under age 14. 288A Oral copulation. 289 Penetration of genital or oral openings by foreign object, etc. 314(1) Indecent exposure (before 1961, PC 311.1) (felony conviction only.) 314(2) Procures, counsels, and assists any person so to expose himself, (before 1961, this was PC 311.2) 647(D) Loitering in or about any toilet open to public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act. 647A Annoy or molest child under 18. 290(d) Persons discharged or paroled who were adjudicated a ward of the court pursuant to W&I 602, shall be subject to registration because of the commission or attempted commission of the following offenses: PC Sections: 220 261(2) 264.1 286(1)(b)(c)(d) 288 288a(1)(b)(c)(d) 289(a) 647a (repealed 1-1-88) W&I Section 6316 Commitment as a mentally disordered sex offender (before 1970, this was W&I 5512 sexual Psychopath). Conviction Of These Charges Are No Longer A Registrable Sex Offense.[People V. Reed (1983) 33 Col. 3d 914] 647(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. 647.5 Old code for lewd vagrancy (before 1961) Conviction Of This Charge Is No Longer A Registrable Sex Offense. [People V. King (1984) 157 Col. App. 3d 555] 4 Crim No. 17470. 314.1 Indecent exposure, misdemeanor conviction only (before 1961 this was PC 311.1) Sections Of Offense Codes Requiring Registration Under H&SC 11590

75010.1 Policy Pursuant to PC 3000, sentences pursuant to PC 1168 or 1170 shall include a period of parole unless it is waived by the BPT. 75010.2

75010.2 Purpose The purpose of this section is to provide the procedures for processing cases after inmates are released on parole. 75010.3

75010.5 Outgoing Cases Cases are transferred from regions by: • Case transfer to another region. • Parole violation and return to prison. • Discharge by the BPT or court order. • Expiration of sentence. • Death. • Pardon. • Commutation of sentence. See DOM 71020 for processing after discharge. 75010.5.1

75010.5.1 Transfer To Another Region The transfer of a case from one region to another or one unit to another, within the region, is initiated by the Parole Agent completing a CDC Form 1506, Notice of Transfer. The original shall be sent to the sending region by the unit office. The transfer shall immediately be entered into OBIS. Case Records The original CDC Form 1506 shall be placed in the C-File and the C-File shall be shipped immediately to the receiving region case records office. 75010.5.2

75010.5.3 Preparation of Files for Transfer Prior to transfer of a C-file: • All loose material shall be properly filed and fastened down. • Duplicate material shall be purged. • The CDC Form 112 shall be current and audited for completeness and accuracy. A copy of the CDC Form 611, Release Program Study (RPS), and any report to the BPT following release shall be retained in chronological order most recent on top in the parole section of the C-file. A CDC Form 134, Records Transfer Check Sheet, shall be completed in duplicate, showing date records are shipped and each case shall be listed by number and name. Retain one copy for reference, and place one copy in each package of files, indicating which cases are enclosed. 75010.6

75010.16 PC 969(b) Certifications Revised March 16, 1995 Due to the involvement of parole cases in criminal and civil actions, the case records office is required by law to furnish certified copies of various departmental records to county and court officials. Under PC 969(b), certifications constitute proof of a prior felony conviction. The DA of any county or the prosecuting authority of jurisdictions in other states or from the federal level, or Alcohol, Tobacco and Firearms may request a "PC 969(b) certification." These requests are either sent directly to the Identification (ID)/Warrants Unit who shall forward them to the appropriate region. In response to California requests, a photocopy is made of the fingerprint card, each abstract of judgment pertaining to the case, CDC Form 112, Chronological History, and photo. A certification letter is prepared by the CCRM, as the custodian of records, and is typed, signed and sealed. Each of the documents shall also be signed and sealed. The material is then forwarded to the requesting office. In response to requests from out-of-state, the above material, excluding certification of the records shall be prepared and forwarded to headquarters records for processing. Materials shall not be stapled together but paper clipped. It is imperative that a photocopy of the fingerprint card be made and included in this material. If a fingerprint card is not available, a request for a certified copy shall be directed to State DOJ. When received, it, along with the above material, shall be forwarded to headquarters records. Exemplified Certifications CCRA shall have the records exemplified by the local court and process the documents to the requesting state. Records on discharged persons are retained in the Archives Unit at CMF. Requests for certified copies of discharged records as provided in PC 969(b) shall be sent to CMF. Such requests shall contain the date on which the person was discharged. It is imperative that the Archives Unit include a photocopy of the fingerprint card with the discharged records. If none is available, a request for a certified copy shall be directed to State DOJ. When received, it, along with the other discharged records material shall be forwarded to the office requesting such records. 75010.16.1

76010.1 Policy The W&I provides for civil commitment to the Department of certain persons found to be addicted to the use of narcotics or in imminent danger of becoming addicted to the use of narcotics. Commitments are made by a Superior court pursuant to W&I 3050, 3051, or 3100. The NAEA Board shall have the power to release to outpatient status/civil addict parole those individuals certified as having recovered from addiction or imminent danger of addiction pursuant to W&I 3150. Reception and transfer of all persons committed as civil addicts shall be in accordance with classification procedures. 76010.2

76010.5.2 Computation of Time Time runs from date of arrival at CRC or designated institution or to a civil addict program agent. On civil addict commitments, time runs while under treatment and jurisdiction in a civil addict program designated institution or under supervision on outpatient status. Maximum custody time on CRC commitment will be reduced by: • Time spent in local custody on Our Hold Only (OHO). • Time spent in local custody under a Hold (W&I 3151), except the period of time that represents the serving of a local sentence. Dead Time Time does not run under the following circumstances and is computed as "dead time": • Time between date of escape and RTC. • Time between suspension of outpatient status/parole and removal of at- large status. • Time elapsed between court pick-up and return, unless the exclusion request is withdrawn. Court ordered pick-ups from institution custody resulting from a reversal on appeal, the granting of a writ, and exclusion referrals shall act to discharge the case from all departmental records. Where the immediate result of the subsequent court proceedings is to return to the civil addict program, a new "N" number shall be issued. If another disposition is made and, at a future date, the case is recommitted to CRC a new "N" number will be issued. No credit is granted for time spent under the previous "N" number. 76010.5.3

76010.5.6 Initial Study Revised September 25, 2007 A narrative report is compiled by the counselor discussing facts, or relationship between facts, which may be applicable to the treatment and controlling of the resident. A treatment plan is formulated from these assessments and evaluations: Employment Assessment This section responds to the questions: • Does the individual have stable or sporadic work history? • Do they claim work skills? • If a member of a union, is the individual skilled at journeyman or apprentice level? • If a welder, for example, are they certified, etc. Verify Employment Verification of prior employment is required through correspondence with former employers, indicating pay scale, future employability, etc. • Does the individual need additional training to become employable? Education Assessment Highest grade completed. • What is tested grade level? • Considering age and claimed work skills, is General Education Development (GED) requirement appropriate? • Does he/she require vocational or academic training? Note : If the resident cannot read and/or write, the need for remedial education should be assessed. Drug/Alcohol Assessment Assessment as follows: • Is the individual an alcohol abuser in need of Alcoholics Anonymous? • Are there conflicts in the POR's and doctor's court report regarding drug use? • Are they a poly-drug user? • How old was the person when usage began? • Are there specific concerns regarding drugs used? • Are they in need of Narcotics Anonymous? Social Evaluation This section should speak to the individual's relationships with family members who are defined in Section 3000 of the Title 15. • Are there problem areas with any family members, including mother, father, siblings, wife, husband, registered domestic partner, children, etc., which need to be resolved? • Have any family members ever been incarcerated? • If so, who and for what offense? Evaluation and Program Plan Considering the above factors, which program at CRC will best equip the individual for success on OPS/parole? This area should include any special needs and/or problems, including any medical/psychiatric problems, exclusionary concerns, or legal concerns that would preclude the individual from participating in a particular program. Within 35 Days The program information shall be compiled within 35 days after the individual's reception. Based on the information contained in this report, a recommendation shall be made as to what the person should accomplish while at CRC, the anticipated period of time needed to complete the program, when the program should be available, and whether the individual agrees to complete the program. Other factors that may be included are: • Relationship of narcotic use to other criminal activity. • Their associate in use, such as: • Siblings. • Peers. • Parents. • Inconsistencies regarding the individual's narcotic usage between various reports such as: • The POR. • Court appointed medical examiner's report. Casework Follow Up Does the individual need to be referred to psychiatric services for violence potential evaluation? Is an initial field study in order? If a dual commitment, does the individual need to be scheduled for a BPT hearing? Are arrest reports needed? If no follow-up is necessary, indicate "none". 76010.6

76010.6 Miscellaneous Reports Headings Centered at the top of the report should be the title of the report, usually phrased in terms of a particular decision-making recommendation. Examples of headings are: • Referral to OPS/Civil Addict Parole. • Annual Review. • Closing Summary. 76010.7

76010.12 Readiness for Release Criteria The primary factor to be considered when a counselor is considering referral to outpatient status/parole is the resident's readiness for release to the community. In making this determination, the counselor shall take into consideration the following: • Did the resident successfully complete the program outlined by the counselor, initial classification committee, or subsequent classification actions? • Does the resident meet the criteria for certification to the NAEA? The intent is to have the person meet the set expectations in a measurable manner and for this to be documented in chrono form for review by the certifier and the NAEA. The documentation is to provide the reviewer with the necessary data to evaluate the individual's readiness for release to the community. 76010.13

76010.18 CYA Wards By law, CYA wards must appear before the CYA Board at the end of one-year following reception by CYA, if not certified earlier. A report shall then be completed with recommendations for the CYA Board. The annual review report shall be used for this purpose. A CYA case shall not be referred to the CYA parole division until ordered by the CYA board.

76010.24.1 Case Records Responsibility Following NAEA Hearings Immediately following the hearings, case records staff shall post the NAEA board actions to the CDC Forms 112 and 144. The applicable NAEA Board Order shall be distributed as follows: • Original to C-file. • NAEA. • Resident. • Parole agent. The material in the addenda folder shall be refiled in the C-file by CRSs immediately after the hearing. Case records staff shall type the NAEA board results on the CDC Form 244-B, NAEA Minute Sheet. The minute sheet is retained at NAEA headquarters. 76010.25

76010.33 Suspended RAL/PAL Suspended RAL/PAL reports with vote sheets attached shall be presented to the NAEA calendar. After the NAEA has taken action on the RAL/PAL report, a Want shall be issued effective the date of the NAEA action. The case shall be classified as either an exclusion category I or II and this classification shall be included in the violation report. Example: • Category I. Cases shall be reviewed for exclusion no later than six months after the date of suspension. • Category II. Cases shall be reviewed for exclusion when they have been in RAL/PAL status for 12 months. A pending file, by month, shall be maintained for RAL reports. A copy of the report shall be filed in the current month. Further: • Category I cases shall be pulled within five months to notify the agent and the appropriate superior court(s) that the releasee/parolee shall be RAL/PAL six months on (date) . • Category II cases shall be pulled within 11 months to notify the agent and the appropriate superior court(s) that releasee shall be RAL 12 months on (date) . 76010.34

76010.36 Outpatient Exclusions Resulting From State Prison Commitment If the exclusion is a result of a releasee receiving a felony commitment to state prison, the procedure above shall apply. In addition, a copy of the Cum Sum and a copy of the CDC Form 112 shall be forwarded to the appropriate reception center case records office. The CCRM in the reception center shall forward a copy of the court removal order and a copy of the body receipt to the CCRM of the parole region when the releasee is taken out-to-court for further proceedings on the criminal charges. The civil commitment shall be discharged from OPS on the date of the removal order. In addition to the above listed documents, a copy of the certified Minute Order from the court shall be forwarded to the appropriate reception center. The civil addict case may be discharged on either the Minute Order or the documents from the reception center, whichever is received first. 76010.36.1

76010.41.1 Expiration of Commitment W&I 3100 Fifteen days prior to expiration of 12-month commitment, the CCRM shall prepare and sign the CDC Form 341 (DOM 80000). Signature by the CCRM acts as a discharge. Distribution of the CDC Form 341: • Original to dischargee. • Copy to parole unit (if applicable). • Copy to C-file.

76020.4 Acceptance Documents Upon approval, CYA wards transferring to Department institutions shall be accompanied by the following documents: • A copy of the CYA Form 1.310, YOPB Order, directing the transfer. • The parole district case folder containing documents concerning the ward (if applicable). • A case summary (Cum Sum) with a photograph. • The wards C-File containing all relevant information. 76020.5