Department Operations Manual

81060.10.2 Compact Offenders Who Commit a New Law Violation Procedures Parole Agent (a) Parole Agent (1) Discovers new criminal charges have been filed in a California court against a Compact Offender. (2) If the Compact Offender was arrested, places an Interstate Parole Hold pursuant to PC 3056 and 11177.1, as described in Section 81060.10.1. (3) Obtains police report(s), court docket number, and upcoming court date(s), within the timeframes for California parolees in custody on a parole hold. (4) Completes the Probable Cause Determination (PCD), automated PVDMI, and automated Parole Violation Report, then attaches all documents relevant to the violation and submits the automated PVDMI to the US. Include the docket number, next known court hearing date, and charges filed against the Compact Offender in the “Court Information” section. (5) Completes the “Progress Report” ICAOS form, and attaches all documents relevant to the violation, and submits the report to the US. (6) Advises ICU of all pending court proceedings and/or dispositions via electronic mail. (7) Supervises the case according to current DAPO policies and procedures. (b) Unit Supervisor (1) Reviews the PCD, automated PVDMI, automated Parole Violation Report, and completes the supervisor’s portions. (2) Reviews the “Progress Report” ICAOS form and submits the report to the ICU via electronic mail. (3) After approving the PCD, automated PVDMI, and automated Parole Violation Report, idles the case in PVDTS. (4) Ensures all pending court proceeding updates are submitted to ICU via electronic mail. (5) Ensures all disposition minute orders are submitted to ICU via electronic mail. (6) Ensures any instructions from the sending state are followed. (c) Interstate Compact Unit Administrator or Designee (1) Reviews the “Progress Report” ICAOS form and enters the report into ICOTS. (2) Submits the “Progress Report” ICAOS form to the sending state via ICOTS. (3) Upon receipt of instructions from the sending state, ensures the parole unit complies with those instructions. (4) Monitors and tracks pending court procedures and dispositions. (5) Upon receipt of a minute order with a conviction of new law violation(s), submits an “Offender Violation Report” ICAOS form to the sending state via ICOTS. (6) If the local charges are dismissed and it is determined that the offender’s behavior still rises to the level of behavior requiring retaking, ICU has the discretion to submit an Offender Violation Report to the sending state. 81060.11

81080.4.1 Parolee-at-Large Purging Procedures Parole Agent (4-6 Weeks Prior to Annual and 60 Month Review) Secures and reviews current CI&I and FBI SSCH records for any arrest during period parolee has been PAL. (At Annual NCIC review) Forwards copy of original Parolee-at-Large Report, CDC 1524 with completed Parolee-at-Large Review Report, CDC 1524-A attached for suspended parolee with warrant entered into NCIC, dates report and recommends either retain or remove want from NCIC. • CI&I and FBI arrest records and legal status summary sheet will be attached to PAL report. (At 60-Month Review) Reviews case files of all PAL cases for commitment offense and prior criminal history if no arrests are noted on CI&I sheets. Forwards copy of original PAL report (CDC 1524) with completed CDC 1524-A attached to BPT recommending: • Discharge and recall warrant (if commitment offense and prior criminal history were property offenses with minimum or no history of violent behavior). • Discharge and recall warrant (if determined there is minimal chance of parolee being located or committing new crimes, and a minimal history of violence or arrests are indicated by CI&I or FBI records). • Retain in PAL status and in NCIC (if there is a history of violence; CI&I records show arrests; and there is a probability of parolee being located). Submits report to unit supervisor. Unit Supervisor Reviews and submits report to BPH for action. 81080.5

84070.1.1 Violations Requiring Filing of a Revocation Petition • All parolees who are facing parole revocation proceedings that were initiated prior to • July 1, 2013, i.e., who have parole hold/discovery dates prior to July 1, 2013. • Any revocation proceedings that were conducted by the Board of Parole Hearings prior to July 1, 2013, or that were reopened on or after July 1, 2013. • A parolee who is required to register pursuant to Penal Code (PC) Section 290 who fails to report to DAPO within one working day of release, or who fails to report upon release as otherwise instructed, and there is no evidence that the parolee’s failure to report as instructed was caused by a medical or psychiatric emergency. • A parolee who is required to register pursuant to PC Section 290 who removes, disables, renders inoperable, or knowingly circumvents the operation of, or permits another to remove, disable, render inoperable, or knowingly circumvent the operation of an electronic, Global Positioning System (GPS), or other monitoring device that is affixed to his or her person as a condition of parole when he or she knows that the device was affixed as a condition of parole. This shall not be a violation if the removal, disabling, rendering inoperable, or circumvention of the electronic, GPS, or other monitoring device is performed by a physician, emergency medical services technician, or by any other emergency response or medical personnel when doing so is necessary in the course of providing medical treatment to the person subject to the electronic, GPS, or other monitoring device. 84070.2

84090.9 Transfers An MDO parolee being released from a DSH inpatient facility may be transferred to a county other than the county of last legal residence (CLLR) pursuant to PC 3003(b)(5) for the purpose of receiving treatment in an outpatient treatment program that is not available in the CLLR. The out-of- county placement will be on a short-term basis and in conjunction with the parolee’s Individual Treatment Plan as developed by DSH CONREP. Parole supervision shall be transferred to the parole agent designated to cover the outpatient treatment facility. Upon the parolee’s completion of outpatient treatment, the parole unit in the CLLR shall assume supervision. An MDO parolee may be transferred between inpatient treatment facilities as determined by DSH. Parole supervision shall be transferred to the parole agent covering the DSH facility. 84090.10

85010.7 Training On-The-Job Training The Parole Agent II (Supervisor), in conjunction with the unit supervisor, shall serve as the lead trainer responsible for on-the-job training of Parole Agent Is, including but not limited to: • Training related to regulations, policies, and directives of the Department. • Remedial training as it relates to casework or field operations. • Report writing and documentation. • Officer safety issues and field operations, including field arrests. • Hand-held radio operations. • Parolee supervision techniques, including all aspects of the California Parole Supervision Reintegration Model, the Sex Offender Management Program, and any other caseload specific work. The Parole Agent II (Supervisor) shall also ensure that Parole Agent Is maintain compliance with quarterly/annual training, and that the Parole Agent Is have their required safety equipment and other standard issued equipment. Office Arrest Training The unit supervisor shall ensure that training regarding arrest procedures is provided to all parole agents. The unit supervisor shall ensure that a plan for anticipated arrests made in the office is formulated. The unit supervisor shall be present during all planned arrests made in the office. All staff present in the office, including ancillary staff, shall be advised of any anticipated arrest to be performed in the office. In the absence of the unit supervisor, the Parole Agent II (Supervisor) shall carry out office arrest procedures. 85010.8

85030.7.1 Officer-of-the-Day Duties and Restrictions The OD is responsible for the following: • Maintaining office security when the office is open to the public. • The OD will unlock the office’s public entrance at 8:00 a.m. and will ensure that all doors are locked at 5:00 p.m. • Responding to all in-office emergencies. • Taking calls from law enforcement agencies and authorizing parole holds when necessary. • In the absence of the unit supervisor, assistant unit supervisor, or designee, the OD shall be in charge of the office. • Keeping support staff informed of his or her whereabouts at all times. • When notified by parole unit support staff of a person waiting in the lobby, the OD shall report to the lobby as soon as possible and assist the person. If the OD is temporarily unable to report to the lobby, the OD shall notify support staff of the delay and provide an estimated amount of time as to when he or she will be available. If the OD is unavailable to report to the lobby for an extended time, the unit supervisor may assign another parole agent to serve as OD. Assisting people waiting in the lobby shall be a priority. • In the absence of the Agent of Record, the OD will conduct the initial interview of a parolee, provide the parolee with a copy of his or her Conditions of Parole, and update the photographs of the parolee. This includes persons released directly from a court to DAPO without records. • When the OD completes an initial interview of a parolee whose agent- of-record is on leave, the OD shall notify the unit supervisor so that case contact specifications can be assigned to a parole agent. • When the OD removes a parole hold, the OD shall notify the unit supervisor and the agent-of-record. • When a person who claims to be a representative of the media contacts the parole unit to request information, the OD shall notify the unit supervisor and refer the person to the Regional Public Information Officer. • The OD shall not leave the parole unit unless directed to do so by the unit supervisor or assistant unit supervisor, and shall not leave unless he or she is relieved by the unit supervisor, assistant unit supervisor, or another parole agent. • Upon the approval of the agent-of-record, the OD shall issue travel permits to parolees; if the agent-of-record cannot be contacted and an emergency necessitates the issuance of a travel permit, the OD shall conduct a case conference with the unit supervisor before approving or denying the request. The OD shall not routinely instruct parolees on their caseload to report to the parole unit while the agent-of-record is the OD, nor shall parole agents routinely instruct parolees to report to the OD for urinalysis testing or other services. The Parole Administrator, unit supervisor, or assistant unit supervisor may assign additional OD duties as needed to fulfill the functions of the parole unit or complex. 85030.7.2

86010.11 Parole Agent Arming (a) All DAPO peace officers hired after January 1, 1988, shall be mandatorily armed with a DAPO-approved firearm for on-duty use. The firearm shall be carried when exercising duties that pose a risk to officer or public safety or if in the supervisor’s judgeme nt, the carrying of the firearm will enhance officer or public safety. (b) All parole agents ineligible for a reduced arming level shall be mandatorily armed with the following safety equipment when exercising duties that pose a risk to officer or public safety: (1) Firearm with a chambered round, magazine loaded to maximum round capacity inserted, and safety on (if equipped). (2) At least one additional magazine loaded to maximum round capacity in an approved magazine carrier. All magazines shall be loaded to maximum round capacity. (3) Handcuffs in a holder. (4) State Identification Card. (5) CDCR Form 2229, Firearm Qualification Card. (6) Badge (neck badge or belt badge that is visibly displayed and worn on the strong side forward of the firearm, if unconcealed). (7) Oleoresin Capsicum (OC) spray or expandable baton. (8) Approved ballistic vest. (9) ECD (if issued). (c) Firearm and safety equipment may be worn in an unconcealed manner while in the confines of DAPO parole units and administrative offices. Parole agents shall exercise discretion whether to be visibly armed (exposed carry) in the community. In exercising this discretion, and in the interest of public safety, parole agents shall clearly identify themselves as peace officers in the community as the need arises. Parole agents shall wear a DAPO-approved field or administrative polo-style shirt or DAPO-approved tactical attire that meets the standards set forth in DOM Section 85050.6. If unplanned or exigent circumstances arise or when responding to an emergency situation involving the potential for serious/life threatening circumstances, parole agents may be exempt from this section. (d) All other safety equipment (e.g., flashlight or one additional magazine in an approved magazine carrier) not mandated for on-duty use shall remain accessible to parole agents at all times while on-duty. Parole agents authorized for reduced arming shall not be required to maintain access to their non- mandated safety equipment while on duty, but are encouraged to do so. 86010.12

14010.6.10.3 Subpoenas — Inmate/ Parolee Records Subpoenas for inmate/parolee records shall always be referred to the AG ’ s Office except under the following circumstances: • The subpoena was issued by the inmate ’ s/parolee ’ s own attorney. • The attorney shall be informed that the inmate ’ s/parolee ’ s written consent is required for the attorney to review the record. • If the attorney is unwilling to fulfill this requirement, the matter shall be referred to the Department ’ s OLA. • Inmate/parolee medical records are sought in a civil action, not involving the Department, where the inmate/parolee is a party. • Notice shall be given to the inmate/parolee prior to disclosure. 14010.6.10.4

22020.9 Travel Expense Claim for Transportation of Prisoners/Parolees The definition for "transportation of prisoner/parolee" is the transporting of a prisoner/parolee between two points entirely within the State of California. All expenses relative to the transportation of prisoners/parolees will be claimed on STD Form 262 separate from any other traveling expenses. This TEC must be clearly marked "Transportation of Prisoners." DPA rules provide detailed information concerning allowable expenses. Receipts or supporting vouchers that are required are listed on the reverse side of STD Form 262. In addition, a CDC Form 123, Body Receipt, which is obtained from the facility at the time the prisoner/parolee is delivered, shall accompany the STD Form 262 if any expenses are claimed for the trip. If, for some reason, the prisoner/parolee is not delivered to a prison or jail, a letter of explanation must accompany the STD Form 262 indicating the reason why the prisoner/parolee was not delivered. Two copies of the TEC with all substantiating vouchers and receipts shall be forwarded to the administration accounting office upon completion of the trip. The prisoner/parolee's name and identification number must appear on the claim. 22020.10

54010.22.1 Process for Approval/Denial of Correspondence Requests Inmates may initiate requests to correspond with the above by sending their Correctional Counselor I (CCI) an Inmate Request for Interview form. Parolees may initiate request by contacting their Parole Agent (PA). The CCI/PA shall interview the inmate/parolee and/or review their C- file/Field File to obtain the information required to process an inmate’s Request for Correspondence Approval. If an inmate’s request to correspond with another inmate/parolee is denied, the CCI/PA shall annotate the reason for denial on the Inmate Request for Interview. The Inmate Request for Interview shall be returned to the inmate. A CDCR Form 1074, Request for Correspondence Approval, shall not be generated for the initiating inmate whose request is denied. When reviewing the initiating inmates C-file, staff shall ascertain whether prior approval exists. If prior approval exists, a copy of the previously approved CDCR Form 1074 shall be forwarded to both institutional mailrooms. When an initiating inmate’s request to correspond with another inmate meets the criteria for approval, and no prior approval exists, the CCI/PAI shall ensure that a CDCR Form 1074 is completed. If the request is approved, staff shall retain the fifth page at the requesting institution/parole office. The remaining four pages shall be forwarded, intact, to the institution/parole office/probation office/other county, state or federal facility where the other requested correspondent is housed. Neither a photocopy of the CDCR Form 1074, nor the fifth page, shall be forwarded to the C-File or mailroom while the correspondence approval is pending. If the request to correspond is denied at the institution/parole office/probation office/other state correctional facility, the reason for denial shall be annotated on the CDCR Form 1074, and it shall be returned, in its entirety, to the sending institution/ parole office. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 462 Copies/photocopies shall not be delivered to the requested inmate, the receiving institutions mailroom, or the housing unit. Upon receipt of the disapproved CDCR Form 1074, staff at the sending institution/field office shall ensure that the 2 nd page is returned to the initiating inmate. If correspondence is approved at the institution/parole office, staff shall ensure that the CDCR Form 1074 is completed. They shall retain the third and fourth pages for distribution. If the third page and fourth pages are not legible, the CCI/PAI shall make photocopies of the first page prior to forwarding the completed CDCR Form 1074 to the sending institution. The approved CDCR Form 1074 is distributed as follows: • Page 1 (original) returned to initiating inmate/parolees institution/parole office for placement in the initiating correspondents file. • A photocopy of page 1 (original) shall be made for the mailroom at both the sending and receiving institutions. • Page 2 (NCR Copy) returned to initiating inmate/parolees institution/parole office for deliver to the inmate. • Page 3 (NCR copy) kept by the receiving institution/parole office for placement in the requested correspondents file. If this page is not legible, a photocopy of page 1 shall also be placed in the C-File, attached to page 3. • Page 4 (NCR copy-or photocopy) kept by the receiving institution/parole office for the requested correspondent. If this page is not legible, a photocopy of page 1 shall be made and given to the requested correspondent with page 4. Photocopies of the CDCR Form 1074 shall not be made for the housing unit(s). The housing units shall not keep records of approved correspondents. The mailroom supervisor shall establish and maintain a record of approved CDCR Form 1074’s. When a CDCR inmate requests to correspond (and meets the criteria for approval) with an inmate in a county, state, or federal facility, the CCI shall ensure that a CDCR Form 1074 is completed along with a cover letter that thoroughly explains the need for the CDCR Form 1074. Upon receipt of the approved CDCR 1074 from the specific agency, the CCI shall distribute the form as outlined above. When a request for correspondence between inmates is received from another county, state, or federal facility (and meets the criteria for approval) the CCI shall ensure that a CDCR Form 1074 is completed and returned to the agency with a cover letter that thoroughly explains the need for the CDCR Form 1074. Upon receipt of the approved CDCR 1074 from the specific agency, the CCI shall distribute the form as outlined above. If the request is denied, the CCI shall ensure that a letter is forwarded to the requesting agency thoroughly explaining the denial. There shall be no limits set on the number of times approved inmates can correspond with one another unless revoked per the procedures outlined below. The approval to correspond may be revoked due to disciplinary violations involving correspondence between the inmates/parolees or as a result of a classification action based on safety and security. Any such restriction, or revocation of approval, shall be communicated to inmate(s)/parolee(s) and to the warden(s)/parole administrator(s) of the institution/facility where the inmate(s)/parolee(s) are housed. 54010.22.2

54100.11 Reasons for Rejection, Cancellation, and Withdrawal of Appeals Appeals may be rejected, cancelled or withdrawn: • A rejected appeal is one that the appeals coordinator or third level Appeals Chief has returned to the appellant with instructions to correct a deficiency. Clear and sufficient instructions regarding further actions the appellant must take to qualify the appeal for processing shall be provided. • A cancelled appeal is one that the appeals coordinator or third level Appeals Chief has returned to the appellant without response to the specific appeal issue and is considered closed with the appellant having not exhausted administrative remedies. • An inmate or parolee may withdraw an appeal by requesting to have the processing stopped at any point up to receiving a signed response. It shall be at the discretion of the appeals coordinator or third level Appeals Chief whether an appellant’s request to withdraw an appeal shall be accepted. Erroneous acceptance of an appeal at a lower level does not preclude the next level (inclusive of the third level of review) from taking appropriate action, including rejection or cancellation of the appeal. Under exceptional circumstances any appeal may be accepted if the appeals coordinator or third level Appeals Chief concludes that the appeal should be subject to further review. Such a conclusion shall be reached on the basis of compelling evidence or receipt of new information such as documentation from health care staff that the inmate or parolee was medically or mentally incapacitated and unable to file. Likewise, failure to conform to or to comply with any submission requirement (such as mandatory use of ink) shall be excused if the appellant is unable to comply due to reasons beyond their control at the time the appeal is written. Rejection The appeals coordinator may reject an appeal for any of the following reasons, which include but are not limited to: • The appeal concerns an anticipated action or decision. This includes the premature filing of an appeal without first bringing an issue to the attention of staff so that an action can be taken or a decision rendered. • The appellant has failed to demonstrate a material adverse effect on his or her welfare (see 15 CCR §3084(c)/DOM §54100.4). • The allowable number of appeals filed in a 14 calendar day period has been exceeded contrary to 15 CCR §3084.1(f)/DOM §54100.9. • The appeal makes a general allegation, but fails to state the facts or identify an act or decision consistent with the allegation. “General” allegation means an allegation that lacks the specificity or factual evidence necessary to support the statement in question. • The appeal contains threatening, obscene, demeaning, or abusive language and/or organic contamination is included in or makes up any part of the appeal package. Appeals submitted with hazardous or toxic material that present a threat to the safety and security of staff, inmates, or the instittuion may subject the appellant to disciplinary action and/or criminal charges commensurate with the specific act. • The inmate or parolee has not submitted his or her appeal on the departmentally approved forms. • Contrary to printed form instructions, the inmate or parolee has submitted more than one CDCR Form 602-1. The appeals coordinator has the discretion to authorize one or more additional pages in an acceptable format upon compelling evidence that the appellant cannot coherently describe the issue or the relevant facts in the allotted space. • Requirements respecting original copy, font size, alloted space, numbers of pages, dividers and tabs etc., set forth in the “appeal preparation” section of this article have not been met or the appeal documentation is defaced. For example, the inmate or parolee has not submitted his/her appeal printed legibly in ink or typed on the lines provided on the appeal forms no smaller than a 12-point font or failed to submit or has defaced original copy with drawings or obscenities. Attaching dividers or tabs to the appeal forms and/or supporting documents is also unacceptable because it impedes appeal processing. • The appeal is incomplete with regard to required signatures, dates or other identifying details or use of required attachments. For example, the inmate or parolee has not provided a signature, date, or other identifying information in the designated areas provided on the appeal form or, as 15 CCR §3084.3/DOM §54100.8 requires, the supporting documents necessary for the clarification and/or resolution of the appeal issue are missing. • The appeal is incomprehensible and/or the issues are obscured by pointless verbiage or voluminous unrelated documentation such that the reviewer cannot be reasonably expected to identify the issue under appeal. Operations Manual DEPARTMENT OF CORRECTIONS AND REHABILITATION Chapter 5 Page 513 • Exercise caution not to screen out appeals submitted by inmates or parolees who have difficulty in expressing themselves in writing or whose primary language is not English. • When it is determined the inmate or parolee is having such difficulty, a personal interview with the appellant shall be directed by the coordinator to assist them in filing the appeal. • Refer to DOM §54100.8 as necessary for clarification of the document attachment requirements. • The problem, issue, or event constituting the basis for grievance cannot be understood as submitted and the reviewer cannot reasonably identify the matter in question and/or the basis for appeal. • The appeal involves multiple issues that do not derive from a single event, or are not directly related and which cannot be reasonably addressed in a single response due to this fact. • Unrelated issues have been combined on a single appeal form for the purpose of circumventing filing process requirements. • The inmate or parolee has submitted the appeal for processing at an inappropriate level; bypassing required lower level(s) of review, e.g., submitting an appeal at the third level prior to lower level review. • The appeal issue or complaint emphasis has been changed at some point in the process to the extent that the issue is entirely new, and the required lower levels of review and assessment have thereby been circumvented. This includes instances where the issue and/or requested action has been changed from that described orginally in the CDCR Form 602-1. When rejecting an appeal, a CDC Form 695, Inmate/Parolee Appeals Screening Form, shall be completed and sent to the appellant noting the reason for the rejection. • The CDC Form 695 shall also provide clear instruction regarding further action(s) the appellant must take to qualify the appeal for acceptance. • If the appellant is identified as requiring assistance in filing the appeal that assistance shall be provided before processing the CDC Form 695. An appeal that is rejected may later be accepted if the reason(s) noted for rejection are corrected and the appeal is re-submitted within 30 calendar days from the date of rejection. As the appellant has the ability to resubmit a rejected appeal, appeals of a rejected appeal will not be accepted. Cancellation The appeals coordinator may cancel an appeal for any of the following reasons: • The action or decision being appealed is not within the jurisdiction of the Department. • The appeal duplicates an inmate or parolee’s previous appeal upon which a decision has been rendered or is pending. • The inmate or parolee continues to submit a rejected appeal while disregarding appeal staff’s previous instructions to correct the appeal, including failure to submit necessary supporting documents, unless the inmate or parolee provides in the CDCR Form 602-1 a reasonable explanation of why the correction was not made or documents are not available. • Time limits for submitting or correcting and returning a rejected appeal are exceeded even though the appellant had the opportunity to file within these prescribed time constraints. • In determining whether the time limit has been exceeded, the appeals coordinator shall consider whether the issue being appealed occurred on a specific date or is ongoing. • If the issue is ongoing — such as, but not limited to continuing lockdowns, retention in segregated housing, or an ongoing program closure – the inmate/parolee may appeal any time during the duration of the event. The inmate/parolee is precluded from filing another appeal on the same issue unless a change in circumstances creates a new issue. • The appeal is filed on behalf of another inmate or parolee. • The issue is subject to a review independent of the appeal process such as a Departmental Review Board (DRB) decision which is not subject to appeal and concludes the inmate or parolee’s administrative remedies on classification issues pursuant to the provisions of 15 CCR §3376.1/DOM §62010.10. • The appellant is deceased before the timeframes for responding to an appeal have expired and the appeal is not a group appeal. • The appellant refuses to be interviewed or cooperate with the reviewer. • The appellant’s refusal to be interviewed or to cooperate with the reviewer shall be clearly articulated in the cancellation notice and the appellant given an opportunity to explain the reason for the failure or refusal. • If the appellant provides sufficent evidence to establish that the interviewer has a bias regarding the issue under appeal, the appeals coordinator shall assign another interviewer. • The presented appeal is on behalf of a private citizen. • Failure to correct and return a rejected appeal within 30 calendar days of rejection. • The issue appealled has been fully resolved at a previous level or as determined by the appeal coordinator or the third level Appeals Chief. In such cases, the appeals coordinator’s or third level Appeals Chief’s rationale for concluding or determining that the appeals issue has been fully resolved shall be provided. • All members of a group appeal have been released, transferred or are no longer subject to the conditions giving rise to the appeal. Once cancelled, the appeal may not be resubmitted unless there is a determination by the appeals coordinator or third level Appeals Chief (when cancellation was made at the third level) that the cancellation was made in error or new information is received which causes the appeals coordinator or Chief to conclude that the appeal should be subject to further review. • The appeals coordinator or the Chief has the discretion to waive a cancellation requirement if, in their opinion, such application would deny review of an issue that could result in extraordinary and serious irreparable harm or loss. • When an appeal is cancelled, the inmate or parolee may file a separate appeal if they believe the screening policy or the application of the screening policy by the appeals coordinator was inappropriate. The new appeal shall include the original CDCR Form 602-1 as an attachment to facilitate the review of the original cancellation decision. • The new appeal shall address only the cancellation decision, not the issue(s) raised in the original appeal. Upon determination that the original appeal was inappropriately cancelled, the appellant will be allowed to resubmit the original appeal for processing in accordance with the filing requirements of this article. Withdrawal An inmate or parolee may withdraw an appeal by completing the CDCR Form 602-1 stating his or her reasons for the withdrawal accompanied by a dated signature. If a withdrawal is conditioned upon an express promise of relief noted in writing at the time of withdrawal and the promised relief is not provided, the matter may be re-submitted within 30 calendar days of the failure to grant the relief promised. • The withdrawal of an appeal does not preclude further administrative action by the Department regarding the issue under appeal. • A withdrawn staff complaint shall be returned to the hiring authority for determination of further administrative action. • Group appeals shall not be withdrawn at the request of the primary appellant unless all of the signatories agree to withdraw the appeal. 54100.12

62070.6.3 Initiating Prerelease Leave Parole Agent A prerelease TCL may be initiated by either parole or institution staff upon request of the inmate. When TCL is initiated by paroles and the inmate is in an institution, the Parole Agent shall be responsible for verifying that the request is valid through field contacts and other necessary methods. The Parole Agent shall supply institution staff with all available information; i.e., names and addresses of all contacts to be made by the inmate, reasons for TCL, itinerary to be followed, and recommended length of leave to accomplish the purposes outlined. Caseworker When the TCL is initiated from an institution, the caseworker shall contact the assigned Parole Agent, outline the reasons and information concerning the prerelease leave request and obtain the agent ’ s agreement on the necessity for the leave. Whether institution or parole initiated, approval for the leave shall be required by both the Warden and the parole unit supervisor. 62070.6.4

62070.6.6.2 Special Cases/Parole From TCL Inmates determined to require immediate contact with a Parole Agent upon release may be granted a TCL up to three days prior to their parole date under the following conditions: The inmate ’ s established parole date falls on a weekend or holiday. Special medication needs or other case factors have been documented by the Parole Agent on the release program study form specifying the need for immediate contact and requesting the early release. • The inmate is eligible for an unescorted TCL. Responsibilities PAROLE AGENT/C&PR The Parole Agent shall initiate the TCL and make all itinerary, travel, and reporting arrangements surrounding the leave. The institution C&PR, upon receipt of the request and information, shall process the TCL for this purpose. Inmates not eligible for an unescorted TCL, but requiring immediate contact upon release, shall be picked up by the Parole Agent on their established release date. 62070.7

62070.10.2 USINS Holds Inmates/parolees scheduled to be released to an active USINS detainer shall be released as follows: • Release the inmate/parolee to the USINS officials within five days prior to the scheduled release date if the agency is within 400 miles of the releasing institution, or five court days prior to the scheduled release date if the agency is more than 400 miles from the releasing institution, provided the inmate/parolee is kept in custody until the scheduled release date. • Retain the inmate/parolee in custody no more than 48 hours beyond the scheduled release date to facilitate pick up by USINS officials. • If the USINS officials cannot pick up an inmate/parolee within the required time limitations, notations are to be made on the CDC Form 850, Detainer Summary, that USINS cannot pick up the inmate/parolee. The notations will include date, time, name of USINS official spoken to, and name of the Department staff person making the notation. The inmate/parolee is to be given reporting instructions and released to parole (or discharged if applicable) providing there is no other detainer/reason that would preclude release. PC 2713.1 does not prohibit the granting of prerelease funds to these individuals. 62070.10.3

72040.8.2 Release to Another State by Violation of Parole PC 11177 provides that a parolee from another state may be returned to the state of original conviction for violation of parole if the parolee is residing in California pursuant to the provisions of the interstate parole compact. An inmate being discharged or paroled may be released directly to an agent of another paroling agency only if: • The detainer is for violation of parole. • The inmate was legally residing in California and under supervision of the P&CSD, Interstate Unit, at the time of their incarceration on the California term. Prior to releasing any inmate to an agent of another state, case records shall confirm that both of the above conditions exist by writing to the compact administrator of the other state. When an inmate is to be released to an agent of another state, case records staff shall arrange for the inmate's release at a time convenient to the transporting officers within normal business hours. 72040.8.3

74060.6 Parolees Released From Institution Subsequent To Revocation or Limited Placement Revised June 16, 1995 Parolees may be released to parole subsequent to revocation or limited placement as follows: • When a parolee is serving time in local custody, the Parole Agent shall aid the parolee to return to the previous parole program or develop a different program. • When a parolee has been returned to a departmental facility for revocation, facility staff shall inform the agent-of-record at least 15 days prior to the scheduled release date of the inmate's proposed residence and other significant program information. 74060.7

74070.15 Direct Releases From Court An inmate released on parole directly from court, placed in a reentry facility, or otherwise released and who has not previously signed the CDC Form 1515, or who has not signed the Notice and Conditions of Parole after special conditions of parole have been added to the form, shall be asked to do so by the Parole Agent during the next interview. If they refuse to sign the form, the assigned Parole Agent shall inform the unit supervisor. The unit supervisor shall: • Ensure that the inmate/parolee is placed in custody. • Direct the agent of record to prepare a Violation Report and refer the case for a revocation hearing. When the inmate reads and signs the conditions of parole, they shall also be given a copy of the CDC Form 1570, Guidelines to Parole, and a copy of the communication packet from the Deputy Director, P&CSD, and the Chairperson of the BPT. 74070.16

74070.26.1 Disposition Released to Custody The complete file of parolees released to custody shall be forwarded to the appropriate regional office as follows: • Paroled to California Detainer . The complete file shall be forwarded to the region in which preparole referral was accepted. • Paroled to a California County Sheriff Pending Extradition . These are cases in which the inmate is fighting extradition. The complete file shall be forwarded to the region in which the preparole referral was accepted. The regional reentry coordinator of that region shall be contacted and advised of the release to custody so the matter can be followed by the assigned Parole Agent. Upon extradition, the case shall be transferred to the Interstate Unit in accordance with established transfer procedures. • Paroled to Local Sheriff for Pick-Up by Another County or State . These are cases in which the other agency could not arrive at the institution on the release date. In California cases, these records shall be forwarded to the region of referral. • Parole to U.S.Marshal or USINS. The complete file shall be forwarded to the region of referral. 74070.27

81010.3 Release on Parole Definitions (a) Release on parole: The legal and physical transfer of an offender from confinement in an institution, reentry facility, or housed temporarily in a county or city jail, to the supervision of CDCR, DAPO, on a date established by operational law (PC 1170) or by the Board of Parole Hearings (BPH) (PC 1168). Release dates: (1) Indeterminate Sentence Law (ISL) release date: The date on which an ISL offender may be released from confinement pursuant to the ISL. (2) Determinate Sentence Law (DSL) release date: The date a DSL offender sentenced under PC 1170 is released to parole or discharged; also the date an offender sentenced prior to July 1, 1977, and recalculated by BPH under the provisions of PC 1170.2 is released to parole or discharged. (3) Life Inmate ISL release date: An offender serving a sentence of life with the possibility of parole. The parole date is determined by BPH. (b) Release Program Study (RPS): An electronic informational document generated within the Strategic Offender Management System (SOMS) that specifies the offender’s proposed case factors, residence, employment, institutional adjustment, supervision determination, reporting instructions, and medical disability. (c) County of Commitment: The county in which the crime was committed. (d) Inmates housed in Division of Juvenile Justice (DJJ) facilities ("M cases"): The Welfare and Institutions Code authorizes a superior court to order certain offenders (aged 18-21 years) committed to prison be housed and programmed in DJJ institutions. 81010.4

81010.10 Transfer Investigation Request Policy (a) An offender shall be paroled to CLLR. An offender may be paroled to another county, or an active parolee may be transferred to another county when this would be in the best interest of the public and parolee, in accordance with the criteria specified in Section 81010.2.1. If a decision is made to allow parole to another county, the reasons shall be specified in SOMS and approved by the procedures established in this article. DAPO staff shall review the RPS, and information in SOMS to determine if a TIR has been requested and to verify that the proposed residence plans meet the criteria for a TIR specified in Section 81010.2.1. The TIR shall be processed using SOMS. Pre-Parole out- of-state transfer requests for PRCS offenders will be processed by the supervising probation department. Offenders subject to a lifetime parole term require BPH approval for out-of-state transfer request. Offenders with active detainers are not eligible for out-of-State transfers. Pre-Parole TIRs that are submitted for direct placement from an institution to a CDCR-funded residential treatment program shall be processed with automatic approval, regardless of whether or not the county is considered closed to transfers. DAPO staff assigned to arrange direct placements shall make every effort to place the offender in a CDCR-funded residential treatment program in the offender’s CLLR prior to initiating a TIR. (b) An offender may be transferred for the purpose of temporary placement in a county other than the CLLR for participation in a remedial sanction program, regardless of supervision level. Transferred offenders shall be returned to the CLLR upon completion of the program if the offender does not maintain one of the other criteria for transfers in Section 81010.2. When utilizing a program as a remedial sanction, temporary placement of an out-of-county offender shall not be restricted by current import, export, or both limitations. (c) When the offender is transferred outside of the CLLR based on participation in a CDCR-funded or an approved non-CDCR-funded community-based residential treatment program, to include education, employment, or training and the program is no longer offered within that county, the offender may be allowed to participate in a similar program pursuant to CCR Title 15, Division 3, Subsection 3745(b). (d) If an offender successfully completes a qualifying program outside the CLLR, the offender may be given the option to remain in that county if the offender maintains one of the other criteria for transfers in Section 81010.2 and pursuant to CCR Title 15, Division 3, Subsection 3745(d). 81010.10.1