Chapter 10 – Adult Programs

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) provides quality academic and Career and Technical Education (CTE) training courses that have a research-base which demonstrates and predicts positive learning outcomes for adults, that meet the needs and interests of the inmate population consistent with the operational and security priorities of individual adult institutions.

Each adult institution shall provide academic education, CTE training courses, library services, recreation, physical education, Student Support Services (SSSSelection Support Section), and a Transitions course.  The goal is to provide inmates with needed education and career training as part of a broader CDCRCalifornia Department of Corrections and Rehabilitation effort to increase public safety and reduce recidivism.  These programs shall be standardized and coordinated statewide through the Division of Rehabilitative Programs (DRPDivision of Rehabilitative Programs) and Office of Correctional Education (OCEOffice of Correctional Education (see DRP)).  They shall also be made accessible to inmates, be consistent in quality and content, and be in compliance with the California Code of Regulations (CCRCalifornia Code of Regulations) and state and federal laws.

Education programs includes academic, Career and Technical Education (CTE) training courses, SSSSelection Support Section, and Transition courses to prepare inmates for release.

• Enrollment in courses shall be open-entry and open-exit, unless specifically approved by the Superintendent of Education so that students may be assigned and unassigned at any time throughout the year.

• Education programs are aligned with an OCEOffice of Correctional Education (see DRP)-adopted competency-based curriculum and the College and Career Readiness Standards (CCRSCorrectional Case Records Supervisor).  Educational programs shall implement the department’s adopted instructional materials, curriculum, and assessments.

• Programs provide rigorous and engaging education courses that maximize instructional minutes, incorporate research-based instructional practices, and prepare inmates for a career path.

• Schools utilize the Professional Learning Communities (PLC) process, in a culture of collaboration, to improve instruction, increase student outcomes, and focus on meeting OCEOffice of Correctional Education (see DRP) and school goals.

• Education staff shall administer state-adopted assessments to inmates, in accordance with OCEOffice of Correctional Education (see DRP) Test Materials Security and Reporting.

• Students may use state-purchased hardbound (hardback) textbooks in the classrooms and in the housing units during lockdowns/modified programs utilizing the trust account withdrawal system.

• Interactive whiteboards connected to a workstation on the Inmate Ward Secured Network or to staff computers, are authorized under the direct supervision of a classroom teacher or education administrator for specific and valid
  educational purposes.

Lockdowns and Modified Education Programs.

• During lockdowns and modified programs which impact students’ ability to attend courses physically, or as noted on the Program Status Report (PSR), individualized student learning shall be provided via independent study, online learning, blended learning, distance learning, etc. as approved by the Warden.  Students are expected to complete assignments as instructed by the teacher.  Teachers shall provide regular feedback to students on their progress
  and participation.

• Reasonable accommodations shall continue to be provided to students, in accordance with the Individually Tailored Education Plan (ITEP).

• Formative and summative assessments shall determine student learning goals, objectives, and proficiency.  Standardized assessments shall be provided in a secured classroom setting to ensure the integrity of the test environment with Warden approval as indicated in the PSR.

• In addition to independent study packets, CTE training courses shall be provided via a traditional shop environment with Warden approval as indicated in the PSR, so as to ensure that students are able to complete performance based assignments and activities to demonstrate proficiency.

Headquarters.

• The Superintendent of Education shall provide faculty and administrator training, professional development, funding, education staffing, policies and procedures, and consultative services to the adult institutions for education programs.  These services shall include an Assistant Chief of Education over curriculum and instruction who shall provide the needed expertise in implementing and maintaining research-based instructional practices utilizing the California Department of Education (CDE), CCRSCorrectional Case Records Supervisor, English Language Proficiency (ELP) standards for adult learners and the competency-based curriculum for CTE training and other approved courses.

• The Superintendent of Education shall audit, evaluate, and report to the Director of DRPDivision of Rehabilitative Programs on the education programs at each adult institution.

• The Superintendent of Education shall be a member of the Secretary and DRPDivision of Rehabilitative Programs’s executive staff.

• The Superintendent of Education, through the adult institution’s Supervisors of Correctional Education Programs (Principals), shall coordinate efforts in obtaining accreditation from the Western Association of Schools and Colleges for each adult institution’s school.

Adult Institution Schools.

• As the hiring authority, the Warden is administratively responsible for the education programs at their adult institution.

• The Warden shall regularly consult with the Regional Associate Superintendent, to ensure instructional quality and program integrity to meet the program completion and recidivism reduction goals of CDCRCalifornia Department of Corrections and Rehabilitation.

• The priority of the Warden is to ensure that the adult institution’s educational programs are preparing inmates for college or a career.

• The Principal shall be a member of each Warden’s executive staff.

• As an instructional leader, the Principal is directly responsible for the education programs at the adult institution, and shall develop, implement, operate, and evaluate inmate educational programs with integrity.

• The Principal or their designee shall conduct weekly classroom walkthroughs and provide feedback to teachers on the use and effectiveness of research based instructional practices, classroom management, and test administration.

• Student learning shall be demonstrated with 70% or above proficiency in the standards and competencies.

• For the purpose of earning Milestone Completion Credits (MCC), students shall attend class, complete coursework, and pass assessments at 70% or above.

• Movies and television media clips may be used to augment curriculum in the classroom as approved by the Principal.

Educational Advisory Committee

• Each Principal shall establish an educational advisory committee, known as Student Council, for education programs comprised of students.  The Supervisor of Academic Instruction (Assistant Principals) shall schedule meetings with the committee on a regular basis (at least once monthly).

• The objective of Student Council is to provide a means to establish and maintain positive relationships and two-way communication with the students.  Through effective use of Student Council it shall be possible to maximize students’ contributions to the school programs and enhance the quality and participation in the classes.

Personnel who teach or administer inmate education programs shall possess an appropriate California teaching or service credential, and maintain current status while employed.  Any lapse in credentials is cause for immediate removal from assignment, and non-punitive termination shall be initiated.

Academic teachers, shall maintain a single or multiple subject credential; CTE teachers shall maintain a designated subject credential, in accordance with the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) minimum qualification of the position for which they are hired.  At designated Developmental Disabled Program (DDP) schools, at least one teacher shall have an Education Specialist credential or equivalent.  School administrators shall possess and maintain the appropriate administrative services credential in accordance with the California Commission on Teacher Credentialing and CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Minimum Qualifications.

Education staff shall review inmate education records upon inmate arrival.  If inmates do not have a reading grade level established in the Strategic Offender Management System (SOMSStrategic Offender Management), education staff shall administer a reading assessment prior to Classification Committee to assist in determining effective communication and appropriate education course(s) placement.

• Prior to classification, education staff (registrar) shall provide inmates a release form that authorizes the registrar to request education transcripts and special education records from the prior school(s) the inmate attended.  Inmates shall authorize the school to obtain educational records to determine education needs.

• Education staff shall update an inmate’s educational history in the SOMSStrategic Offender Management to ensure records are available to Classification Committees for proper placement on appropriate waiting lists, based on their educational needs.

• Classification Committees shall place inmates on waiting lists for education programs.  An education administrator shall provide input and training to the Correctional Counselors to assist in determining inmate education needs.

• Recommendations for assignments to education programs shall be made on the basis of reading grade levels, the department’s needs assessment instrument, educational history, assessment records, inmate career goals, the inmate’s rehabilitation case plan, and medical and mental health factors and recommendations.

• Inmates who do not have a High School Diploma (HSD), a High School Equivalency (HSE), or inmates with developmental disabilities who do not have a Certificate of Completion (Certificate of Attendance and Participation), shall be placed on a waiting list for Adult Basic Education (ABEAdult Basic Education) or Adult Secondary Education (ASE), based on their most current reading grade level.

• Inmates who are within two years of release shall be placed on a waiting list for the Transitions course.

• Inmates with a medium to high need for employment based on the department’s needs assessment tool shall be placed on a waiting list of their choice for a CTE training course, and one alternate CTE training course based on the Education Administrator recommendation.  An inmate shall not be screened out for participation in CTE training courses based on the inmate’s reading grade level.  Inmates must meet the safety and eligibility criteria to perform the requirements of the CTE training course, based upon the course description and the ability to read the coursework, with accommodations.

• Institutional safety and security needs shall also be considered when making education assignments within established policy guidelines.

The Inmate Assignment Office (IAO) staff shall assign inmates to the appropriate education courses based on CDCRCalifornia Department of Corrections and Rehabilitation policy, and Classification Committee action.

• Inmates shall be assigned to education programs in the order in which they appear on the waiting list.

• Inmates under the age of 22 shall receive priority enrollment in education programs.

• Priority assignments for ABEAdult Basic Education and ASE courses are for inmates who are within 3-48 months of release or of a parole consideration hearing.

• Priority assignments for Transition courses are for inmates who are within two years of release.

• Inmates who are within 6-48 months of release, or of a parole consideration hearing, shall receive priority placement into a CTE training course.  Inmates who have a low need for employment and inmates who are not within 6-48 months of release shall receive secondary priority for assignment to a CTE training course.  Up to 10% of each CTE training course may consist of inmates serving life sentences with the possibility of release.

• Inmates who are enrolled in a Computer and Related Technologies (CRTCrisis Response Team) Digital Literacy training course and who are determined by the instructor to be digitally literate may request to be unassigned from CRTCrisis Response Team Digital Literacy training courses with approval from the Principal. 

• After inmates are enrolled in a course, attendance shall be considered contractual on their part until completion of the course, or removal by the IAO or by a Classification Committee.

• In the event that a student has difficulties being successful in a course, the student may be referred to an ABEAdult Basic Education, ASE, or after school tutoring for additional support with contextualized learning.

• The Principal may initiate students to be reassigned to alternate education courses or a work assignment based on institutional need, course completion, assessments, course prerequisites, or medical and mental health professional recommendations via a CDC 128-B General Chrono.

• English Learners (EL) and students with disabilities shall be mainstreamed with their peers in education courses, and shall be provided equal access to the curriculum.

• Students with disabilities shall be provided reasonable accommodations based on their individual learning needs. Tutoring is available for students who have learning disabilities or difficulties.

CTE training courses shall provide students with technical and occupational knowledge of a career pathway that results in national certification for jobs in high demand industries where inmates are able to make a livable wage upon release
from prison.

• CTE training courses relate to the following industry sectors: building and construction; business and finance; energy, environment and utilities; fashion and interior design; information and communication technology; manufacturing and product development; public services; and, transportation.

• CTE teachers shall teach the following: collaboration with people from different cultures and life experiences, patience, positive communication strategies, critical thinking, problem solving, digital literacy, flexibility and adaptability, initiative, punctuality, productivity, and accountability.

• The IAO shall assign inmates to CTE training courses in the order they appear on the waiting list, per Classification Committee action, in accordance with the California Code of Regulations, title 15, section 3040.3, Education Assignments.

CTE training courses shall maintain the following minimum standards:

• CTE training courses shall be conducted within OCEOffice of Correctional Education (see DRP) standards and policies.

• CTE training courses shall be aligned with industry certification, state license, or apprenticeship programs.

• Unless otherwise approved by the Superintendent of Education, each CTE teacher shall conduct and document six hours of approved training each day.

• Each CTE teacher shall present a minimum of one hour of safety instruction per month.

  • This instruction shall be appropriately documented and available for inspection.

  • A safety committee comprised of students shall conduct weekly safety inspections of equipment and facilities.

  • Records of the safety inspections shall be maintained for one year.

• CTE training courses shall be designed to be completed by students within 18 months.

CTE training courses shall be continued at an adult institution on the basis of identifiable space, number of inmates who have an unmet need for employment, predictable employment availability based on trade information and labor statistics, Trade Advisory Committee (TACTrade Advisory Committee) recommendations, and student access to and attendance in the CTE training courses.

The Superintendent of Education shall review and approve all CTE training courses to be continued at the adult institution schools.

An adult institution requesting to add or change a CTE training course shall submit a program change request to the Superintendent of Education.

• The request will include the current and requested course(s), yard(s), teacher to student ratio, potential fiscal impact, and needs related to: structural or classroom modifications, custody coverage, and procurement or movement of consumables, tools, and equipment.

Every five years, the administrator over CTE training courses at OCEOffice of Correctional Education (see DRP), shall conduct a job market analysis for existing courses.

• The job market analysis shall contain each of the following:

  • A summary of the latest projections of employment for the State of California referencing resources such as the State Employment Development Department (EDDEmployment Development Department) in coordination with the Department of Industrial Relations, the California Workforce Development Board and Occupational Information Network (O*NET).

  • A summary of current and projected employment availability by region, salary range, number of workers employed, and licenses or certifications required for each trade.

  • Recommendations for continuing or discontinuing CTE training courses shall be based on workforce employment needs, institutional safety and security concerns, unmet employment needs of inmates in the institutions, available space, funding considerations, and job market analysis.

  • General information about each CTE training course shall include a brief description of the training course, existing locations, major equipment necessary, length of training necessary to complete the course, and training space required.

OCEOffice of Correctional Education (see DRP) shall establish a Trade Advisory Committee (TACTrade Advisory Committee) to include industry stakeholders from regions where the majority of CTE students are released.  The membership shall be evaluated annually by OCEOffice of Correctional Education (see DRP)-CTE administration to discuss industry employment trends, skill gaps and industry standard methods to include tools and equipment.  Consultation with industry leaders and employers may be accomplished through surveys, web-based or conference calls, as well as membership to industry associations and organized labor organizations.  OCEOffice of Correctional Education (see DRP) shall consider institutional TACTrade Advisory Committee outcome reports and OCEOffice of Correctional Education (see DRP)-TACTrade Advisory Committee consultation as part of the California EDDEmployment Development Department labor market data and as a part of the continuous improvement model for CTE training courses.

The Superintendent of Education shall ensure the Principal establishes a TACTrade Advisory Committee for each CTE training course at the institution.  The TACTrade Advisory Committee membership shall be composed of industry business owner(s) and journey level craft or trade people.

Each CTE teacher shall submit to the Principal a list with a minimum of three TACTrade Advisory Committee members to include the name of the business, address of business, website of business, phone number of member and contact name.  This list shall be updated quarterly.  The Principal shall ensure the TACTrade Advisory Committee membership business or journey level experience is in alignment with the CTE training course employment pathway.

TACTrade Advisory Committee members will be encouraged to meet with instructors, students, and institutional administration to provide insight into employment trends and skill gaps seen in the industry.  When possible the TACTrade Advisory Committee should be invited to Inmate Education Advisory Committee meetings to share employment needs and concerns.

Principals shall review requests from teachers to participate in a TACTrade Advisory Committee.  CTE teacher participation may be in person or virtual through technology options, and shall occur during non-student contact time, when possible.

Requests for TACTrade Advisory Committee participation must include:

• The name of the business, address of business, website of business, phone number of member, and contact name.

• TACTrade Advisory Committee meeting location and time.

• Meeting agenda or justification for participation.

  • The Principal shall ensure that the meeting agenda outcome or report is completed, reviewed, and submitted to OCEOffice of Correctional Education (see DRP).

The objectives of the TACTrade Advisory Committee shall be to provide advice and consultation on:

• Establishing standards for inmate training relevant to current methods and industry standards.

• Vocational guidance.

• Evaluation of students.

• Employment opportunities for students upon release.

The Assistant Principal shall ensure that each CTE teacher organizes and maintains an active TACTrade Advisory Committee for their CTE training course.

CTE teachers shall work closely with representatives of the TACTrade Advisory Committee to ensure CTE training courses meet the changing employment needs and training trends in the industry.

The TACTrade Advisory Committee shall meet quarterly on staff development, training days, or both.  Exemptions to the quarterly meetings shall be requested from the Associate Superintendent, due to the feasibility of conducting meetings in certain geographic locations.

The Superintendent of Education shall annually review each adult institution CTE training course.

CTE training courses shall be reviewed according to the following criteria:

• Student length of time in assignment, and progress toward completion of the training course.

• Program integrity, including the utilization of instructional best practices, appropriate use and maintenance of all equipment prescribed for training, and implementation of evaluation protocols as established by OCEOffice of Correctional Education (see DRP).

• Documented evidence at the prison that students are engaged in small group learning activities.  Eighty percent of the small group instruction shall include projects using tools of the trade identified by the approved OCEOffice of Correctional Education (see DRP) curriculum.  Twenty percent of the small group learning activities shall be direct instruction and cooperative learning activities relating to concepts and theories related to the trade, literacy, and numeracy.

• Current record keeping in SOMSStrategic Offender Management and related training certification websites of training partners or licensing agencies.

• Test integrity.

• Education records, including completions, number of student certifications, student attendance, percentages of students passing tests on the first attempt,
  and timelines.

• Student satisfaction surveys.

• Use of CTE training course students for special projects within the institution, including those requested by the Warden.

• Adequacy of facilities.

• TACTrade Advisory Committee participation.

The minimum standards for Employee Services related to automobile repair are detailed below, and shall be incorporated into the institution’s Operational Procedures (OP).  The institution may add additional restrictions or limitations, but the institution may not lessen the standards.  The minimum standards are as follows, and shall not be circumvented:

• Funds generated by employee services will be used to supplement, purchase, repair, or upgrade equipment needs of the vocational programs.

• Restoration, customization, and conversion projects are not approved as employee service projects.  All restoration and conversion projects are limited to institution or community service projects.

• No vehicle over 15 years of age will be repaired.  NO EXCEPTIONS.

• Employee services available are limited to the standard type of repairs offered in the average auto repair shop.

• Employees must have a current operating Department of Motor Vehicles (DMVDepartment of Motor Vehicles) registration, indicating proof of ownership.

• Charges for repairs are based on the time required for the job as listed in the flat rate manual for warranty repairs for specific makes and models.  The employee will be charged a per hour labor rate as prescribed in the OP for CTE training courses, but no less than $60.00 per hour.  OCEOffice of Correctional Education (see DRP) will review the labor rate annually.

• A Safety Data Sheet must accompany all liquids, chemicals, paints, etc., that are brought into the institution.

• A vehicle cannot be transferred from course to course.  One request, per vehicle.  When a request is completed, the vehicle will be removed from the course.  The employee can initiate another request for the same vehicle.

• Employees have a maximum of five days to bring in the vehicle when notified.  If an employee cannot bring in the vehicle within the required time frame, their name will be placed at the bottom of the list, and the next person will be contacted.

• Once the vehicle is delivered to the course, the instructor will provide the employee with an estimated cost for repairs, and a material and parts list.  The employee will have a maximum of five days to pay the estimated project cost, as well as provide all parts and materials.  If an employee cannot provide all the parts, materials, or pay the estimated project cost, the employee will then have three days to remove the vehicle from the course.

• Upon notification of project completion, the employee has three working days to remove the vehicle from the course.

• Failure to remove a vehicle from a course within the specified time frame will result in the vehicle being towed at the owner’s expense.

• Employees will be charged for the disposal of any hazardous materials such as coolant, oil, and transmission fluid.

Academic education programs include English Language Development (ELD), ABEAdult Basic Education, ASE, and Post-Secondary and Continuing Education (PSCE).  ELD, ABEAdult Basic Education, and ASE shall include the teaching of the CDE, CCRSCorrectional Case Records Supervisor and ELP standards.

Utilizing textbooks adopted by OCEOffice of Correctional Education (see DRP), research-based instructional practices, and maximizing instructional time, instruction shall enable the student to:

• Increase literacy and numeracy skills.

• Demonstrate proficiency in the adopted academic standards.

• Complete prerequisites for academic success in PSCE, CTE training courses, and continuing education.

The Warden shall make every effort to ensure that inmates who do not have a United States-recognized accredited high school diploma or its equivalency or a certificate of completion (for inmates with developmental disabilities) are enrolled in ABEAdult Basic Education or ASE courses, in accordance with the most current reading grade level as follows:

Academic education may be provided via alternative education to incarcerated persons housed in Restricted Housing Units, on orientation status, at Conservation (Fire) Camps, and for incarcerated persons with medical and mental health preclusions.

Academic education includes:

• ELD.

• ABEAdult Basic Education.

• ASE.

• Literacy Tutoring (LTLimited Term).

• PSCE.

An English Learner (EL) is a student whose native (or home) language is a language other than English, who is unable to communicate fluently or learn effectively in English, who may come from a non-English speaking home and background, and who typically requires specialized or modified instruction in both the English language and in academic courses.

The overall goal of ELD is:
To improve the English language skills as rapidly and effectively as possible and attain parity with native speakers of English, and to ensure that ELs, within a reasonable period of time, achieve the same rigorous grade-level academic standards that are expected of other students.

Students may self-identify as a potential EL.  Teachers may recommend students to the EL identification process based on objective observations of language production and comprehension.

Teachers will administer the Student Language Survey (SLS) to:

Students whose SLS indicates a language other than English in their early language development and a reading score under 4^th Grade Equivalency (GE) will be tested for ELP.

Students scoring at intermediate proficiency or below will be identified as EL.

ELs who reach a reading GE of four or higher will be exited from EL status.

Instruction:

• Identified ELs placed in ABEAdult Basic Education I will receive instruction in ELD based on the ELP standards using instructional materials adopted for such instruction.

• ELs will receive research-based, differentiated instruction in literacy and numeracy that addresses their language and academic needs.

Inmates who do not have a high school diploma, equivalency, or certificate of completion and who are achieving below seventh grade level are to be enrolled in ABEAdult Basic Education.  The subjects shall include English, Language Arts, and Mathematics.

Upon student demonstration of proficiency in the CCRSCorrectional Case Records Supervisor, and as evidenced by a standardized assessment based on the most current reading grade levels, students shall receive a program completion in SOMSStrategic Offender Management, and shall be enrolled in ASE.

Inmates who do not currently possess a verified HSD or HSE and who read at or above the 7.0 grade reading level shall be eligible for enrollment in ASE.

Inmates with a 7-8.9 reading grade level shall be placed into ABEAdult Basic Education III; inmates with a 9-12.9 shall be placed into a General Education Development (GEDGeneral Education Development) or HSD course.  Placement in a HSD course requires sufficient time remaining prior to one’s release date to complete the requirements for a HSD.

Students must earn 180 units to be recommended for earning a HSD, in accordance with the CDE graduation requirements and OCEOffice of Correctional Education (see DRP) policy.  Students shall earn 70% or above on a HSD course curriculum, to receive credits for the HSD course.

ASE subjects include English Language Arts, Mathematics, Science, and Social Sciences.

Students shall demonstrate readiness to take the HSE test based on OCEOffice of Correctional Education (see DRP) policy and criteria.

Upon successful completion of the HSD or HSE course, a certificate of HSD or HSE shall be awarded.

Graduation ceremonies shall be scheduled for graduates.  Schools may provide HSD, HSE, and college graduates, one photograph in their cap and gown as approved by the Principal.

Literacy Tutoring (LTLimited Term) is available to students, and focuses on providing individualized instruction to support students who need additional assistance with learning. LTLimited Term is also available for those students who may be assigned to work or CTE training courses during the day and desire to increase literacy and work towards earning a HSE or HSD outside of work and course hours.

Post-secondary education via college correspondence, in-person courses, and courses via electronic devices may be offered based upon available staff and funding.

Students with a U.S.United States-recognized accredited HSD or GEDGeneral Education Development certificate are eligible to apply for admission into college, and enroll in college level courses that lead to certificates, degrees, or both, from nationally recognized and accredited agencies, as approved by the Principal.  Inmates may not enroll in college level courses that duplicate courses provided by the department.

Students who have Associate of Arts or Science degrees from accredited colleges, or who have completed 60 units of lower division course work, are eligible to enroll in upper division college credit courses leading to the Bachelor of Arts or Science degree where feasible.

College students are required to pay for college tuition, fees, supplies, and textbooks. State and federal grants may be available from colleges and universities.

Continuing Education is available via blended learning environment including face-to-face teaching and independent study.

Courses provide educational opportunities to inmates seeking to further educational knowledge.

Interested inmates may request assignment through Education staff to participate in an e-learning course.

• E-learning courses include video lessons, a student handbook or coursework, and teacher-proctored exams.

• Students must attend assigned courses, complete all coursework, and demonstrate 70% proficiency on all exams in order to receive credit.

The Transitions course is designed for inmates who are nearing release.

The Transitions course is designed to bridge the gap from dependent facility living to successful, self-directed community adjustment through employment and workforce readiness and financial literacy.

Each facility shall provide a Transitions course for inmates.

The Transitions course shall be under the direction of the Principal.

The Transitions course shall include input from the Department of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)), probation offices, and the Office of Victim and Survivor Rights and Services.

The Transitions course shall be open entry, open exit, and provided five days a week.

Inmates who are within two years of release, or of a board hearing, are eligible to participate in a Transitions course.

The Transitions curriculum shall be standardized and adopted for statewide use by the OCEOffice of Correctional Education (see DRP) and shall include:

• Employability skills.

• Financial literacy skills.

• Community resources.

• Restitution information.

At the conclusion of the Transitions course each participant shall have:

• Transitions plan.

• Cover letter and resume.

• Job search goals.

• The names and addresses of three or more public or private agencies available to assist the inmate in their county of release.

• Master job application.

• Spending plan.

• Educational records.

• Participated in at least one mock job interview.

• A California identification card or procedures to obtain one.

• Address of parole or probation office.

• Job application.

Student Support Services (SSSSelection Support Section) provide students with disabilities, and students who are under 22 years of age, with supplementary assistance with learning. 

Reasonable accommodations shall be made for those students who have documented physical, mental, psychiatric, or learning difficulties or disabilities, to ensure students are provided access to educational programs and access to the curriculum.

For students who are classified as Enhanced Outpatient Program (EOPEnhanced Outpatient Program) mental health level of care, the presumption shall be they will attend traditional academic education courses.

Students designated as part of the Developmental Disability Program (DDP) who are enrolled in education programs are eligible to receive additional support for learning from the Resource Specialist Program (RSP) teacher.

• The RSP teacher shall administer standardized assessments and develop an Individually Tailored Education Plan (ITEP) for DDP students. 

• The ITEP shall be reviewed semi-annually with a Student Study Team (SST). SST members include the RSP teacher, DDP student, assigned classroom teacher, and school administrator.

• Student progress shall be provided to the assigned classroom teacher for inclusion in the quarterly Education Progress Reports (EPR). 

• Students with developmental disabilities may be eligible to participate in an alternative high school completion course called Certificate of Attendance and Participation (CAPCorrective Action Plan). 

Students in the Disability Placement Program (DPPDisability Placement Plan) who are enrolled in education may receive additional support for learning from the RSP teacher. 

• The RSP teacher may administer standardized assessments and develop an ITEP for DPPDisability Placement Plan students assigned to the RSP teacher.

• The ITEP may be reviewed semi-annually with the SST. SST members include the RSP teacher, DPPDisability Placement Plan student, assigned classroom teacher, and school administrator.

• Student progress may be provided to the assigned classroom teacher for inclusion in the quarterly EPR.

• Students with disabilities shall be provided reasonable accommodations based on their individual learning needs, and documentation shall be noted on the quarterly EPR.

  • If the primary language is American Sign Language (ASL), sign language interpreting services will be provided in accordance with department policy. 

Students under age 22 who are enrolled in education programs shall receive supplemental assistance and support for learning from the Every Student Succeeds Act (ESSA) teacher at designated adult institutions. 

• Instructional hours shall be no fewer than 15 hours per week.

• ESSA teachers shall enter attendance into SOMSStrategic Offender Management.

• ESSA teachers shall provide student learning objectives and achievement information to the assigned classroom teacher for the quarterly EPR.

Upon an inmate entering the adult institution, the school registrar shall review SOMSStrategic Offender Management and provide a Transcript Request Form to each inmate who does not have a verified HSD or HSE.  The registrar shall request transcripts and special education records from the last school of reported attendance and update SOMSStrategic Offender Management upon receipt.

The Principal shall be responsible for the accuracy and completeness of educational records when inmates are received, transferred, or released.

The Principal shall maintain accurate records of all educational achievements, completions, degrees, and certifications and record these in SOMSStrategic Offender Management.

The following data shall be reported with accuracy, in SOMSStrategic Offender Management: enrollment, attendance, education progress reports, curriculum progress records, transcripts, course completions, diplomas, degrees, certifications, accommodations, student study team meetings, ITEPs, ELs, and credit earnings.

Education Progress Reports are to be completed quarterly by teachers for all assigned students.  As students demonstrate proficiency in curriculum, learning shall be recorded on curriculum progress records.  Lesson plans and tool inventories shall be provided to the Assistant Principal.

The following records shall be updated daily:

• Student attendance (XSEA).

• Curriculum progress records.

• Education Merit Credits (EMC) and Milestone Completion Credits (MCC).

• Tool and test inventories.

• National Center for Construction Education & Research (NCCER).

• Lesson plans.

• Class walk through observations.

The following records shall be reported quarterly:

• Education Progress Report.

• Trade Advisory Committee agenda and minutes.

• Site Council agenda and minutes.

• Library report.

• Tool and equipment inventories.

The Principal shall prepare education reports as requested by the Superintendent of Education.

State civil service rules provide for a minimum workweek of 40 hours, and eight core hours of work daily.

Preparation Time.

• The Principal, shall determine the time of day set aside for lesson preparation to be utilized for educational purposes.  This shall include, but not be limited to:

  • Development of lesson plans.

  • Student attendance records.

  • Curriculum progress reports.

  • Education progress reports.

  • Inmate or student disciplinary report writing.

  • Tool control and inventories.

  • Other, as approved by the Principal.

Teacher Assignments.

• The Principal shall assign teachers to educational courses.

Credentialing.

• Academic teachers shall have a single or multiple subject teaching credential.  Courses for students with developmental disabilities shall be taught by appropriately credentialed teachers who possess an Education Specialist Credential or equivalent, issued by the California Commission on Teacher Credentialing (CCTC).

CTE Teachers shall:

• Meet the requirements for the designated subject’s CTE credential specific to their trade.

• Have five years of verified journey-level experience in the specific trade that they are teaching.

• Maintain the credentials and certifications necessary in order to assess student progress and issue appropriate credits and certifications to students.

Teachers shall attend professional development, trainings, Professional Learning Communities (PLC), and conferences as directed by the Principal or Assistant Principal(s).

Teachers shall be provided duty statements and work expectations.

Teachers shall be considered eligible for an incentive salary increase if they:

• Receive less than Range F under the regular pay plan.

• Receive less than Range P under the 10-12 pay plan (see Unit 3 contract).

• Complete 12 semester or 18 quarter units of college level courses approved by their department, taken after appointment.

An employee shall receive only one incentive increase in any calendar year.

The teacher shall secure approval from the Principal and OCEOffice of Correctional Education (see DRP) before enrolling in the college course(s) for the purpose of salary advancement.

College courses shall be selected to ensure direct contribution to the improvement and advancement of the teacher in their work assignment as a correctional educator.

Courses taken for salary advancement must be taken on the employee’s own time, and at their own expense.

The teacher shall submit a request to take additional courses for the purpose of salary advancement and route it to the Principal for review to ensure courses meet the established criteria. The Principal shall forward the request to OCEOffice of Correctional Education (see DRP) for final approval.

The OCEOffice of Correctional Education (see DRP) Administrator over Human Resources shall determine that the course(s) will contribute to the improvement and upgrading of the teacher as it relates to their job classification, teaching assignment, course curriculum and professional development.  Acceptable courses will be from accredited colleges, universities, or other California Commission on Teacher Credentialing (CTC) approved programs where college semester units are provided upon completion.  Transcripts should be official transcripts or digital equivalents from an authorized third party vendor, before forwarding the request to OCEOffice of Correctional Education (see DRP) for approval.  College units and Continuing Education credits from industry cannot be a repetition of previously acquired credits or
work experience.

Conferences and courses paid for by the institution are not eligible for salary advancement.

The department shall make efforts to provide uniformed personnel to perform required inmate searches.  The Warden may require education staff to perform searches of their students on a temporary basis because of unavailability of uniformed personnel.  In such cases, the facility shall provide instruction to the education staff.

During a declared emergency, teachers may be assigned as required to custodial or other duties for which they have received instructions.

During an emergency or lockdown, teachers may be required to perform other duties as needed, consistent with their professional skills or for which they have received instructions.

Refer to Unit 3 Contract.

CDCRCalifornia Department of Corrections and Rehabilitation credentialed teachers and staff assigned to the Education Department are not to be used for non-school related functions without prior written approval of the Superintendent of Education (except during an emergency).  The Principal shall prepare such a request for the Warden’s signature and submit it to the Associate Superintendent. The request shall contain:

• A clear and concise justification for the request.

• A description of the duties to be performed.

• The length of the assignment.

• An explanation of how the inmates currently assigned to the teacher will receive instruction.

The Principal shall, submit to the Superintendent of Education, projected budgetary needs via a spending plan for the fiscal year for each of the following areas:

• Law library.

• Inmate recreation library.

• Academic operating expense.

• CTE operating expense.

• Administrative expense.

• Technology, training, travel and equipment.

Spending plans shall be for adult institution school needs directly related to student learning and OCEOffice of Correctional Education (see DRP) goals and objectives and shall be reviewed and approved by the Associate Superintendent prior to allocation distribution.

Funding, equipment and materials designated for specific programs shall remain with the designated program unless the Principal of the adult institution has been given express permission in writing to reassign the assets to another OCEOffice of Correctional Education (see DRP) program by an administrator at the OCEOffice of Correctional Education (see DRP) and Division of Rehabilitative Programs.

The Superintendent of Education shall be responsible for ensuring that the contents of this article are kept current and accurate.

The Division of Addiction and Recovery Services (DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs)) is established within the Department to serve as the centralized point of substance abuse program development, management, coordination, and administration of all program funds.

This Section describes the substance abuse program design, administration, goals, objectives, programs, and responsibilities of DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs).

Director

• The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) is managed by a Director who reports to the Chief Deputy Secretary, Adult Programs, and is responsible for establishing and maintaining CDCRCalifornia Department of Corrections and Rehabilitation’s overall substance abuse program effort.

Primary Responsibilities

• The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) is the primary unit in CDCRCalifornia Department of Corrections and Rehabilitation with the following responsibilities:

  • Develop CDCRCalifornia Department of Corrections and Rehabilitation standards for substance abuse programs to insure that inmates housed within CDCRCalifornia Department of Corrections and Rehabilitation’s institutions/facilities and parolees supervised within the community receive consistent, quality programs likely to impact the drug use and crime continuum.

  • Develop new and innovative programs and create pilot substance abuse programs in CDCRCalifornia Department of Corrections and Rehabilitation institutions/facilities and community settings.

  • Monitor program implementation and audit program operation.

  • Develop regulations implementing the operation of substance abuse programs in order to assure consistent program development.

  • Serve as the centralized point of grant management for substance abuse related grant projects. In this role, DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) will seek and review potential grant sources that may provide assistance in furthering CDCRCalifornia Department of Corrections and Rehabilitation’s plan.

  • Establish a strategic plan to address offender need for substance abuse program services, strategic plan progress, and the status and delivery of program services to CDCRCalifornia Department of Corrections and Rehabilitation’s offender population.

Resources

• The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) is responsible for maximizing the use of available resources to serve this critical population.

Linkages and Consults

• The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) establishes linkages and consults with other agencies and entities involved in associated activities, such as, the Department of Alcohol and Drug Programs (DADPDepartmental Alcohol and Drug Programs), DMHDepartment of Mental Health (see Department of State Hospitals DSH), Department of Rehabilitation (DORDepartment Of Rehabilitation), and the Department of Social Services (DSS). Federal agencies, including the Center for Substance Abuse Treatment, Bureau of Justice Assistance, National Institute of Corrections, and the Department of Education, are also sought to consult in the expansion of CDCRCalifornia Department of Corrections and Rehabilitation’s substance abuse effort.

New Programs

• At the onset of the implementation of each new substance abuse program or effort:

  • Institutions/facilities and Parole Regions shall coordinate all new substance abuse program planning and implementation with DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs).

  • All programs shall include a plan, approved by DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs), to collect basic data that describes the inputs and outputs of the program. Program data are basic to determining the effectiveness of substance abuse programs for inmates and parolees, and to obtain and maintain public funding.

Annual Report

• By December 31 of each year, DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) prepares an annual report describing and analyzing overall substance abuse efforts, including progress on the strategic plan and all available statistics. The report includes data for the fiscal year ending June 30.

Many factors influence the program philosophy of substance abuse program services in the correctional setting. The individual characteristics of program participants, expectations of correctional staff, demand for public safety, availability of funds, program content, program intensity, and cost-effectiveness of programs are principal elements influencing program philosophy and the utilization of services. The most effective strategy for addressing challenges posed by these diverse variables is the establishment of a comprehensive continuum of programs and services that are made available to inmates and parolees at various stages of their recovery from alcohol and other drugs.

The Department’s comprehensive correctional substance abuse strategy provides a balanced distribution of services to both inmates and parolees by acknowledging that the participants represent the most severe segment of the substance abusing population. Extended exposure to a full array of substance abuse program services during periods of incarceration and parole provides the most favorable opportunity for reducing recidivism and criminal activity.

The program authorized by CDCRCalifornia Department of Corrections and Rehabilitation establishes an in-prison substance abuse service system that is fully integrated with a community-based service model. In addition, CDCRCalifornia Department of Corrections and Rehabilitation also agrees to administer and manage programs as described in cooperation with selected state and local government agencies.

The primary goals of the substance abuse program are to reduce the incidence of relapse and recidivism among substance abuse program participants, promote pro-social behavior that will enable the participants to exhibit satisfactory conduct within the facility, and to successfully reintegrate back into the community.

The objectives of the substance abuse program are that services shall be made available to inmates and parolees addicted to alcohol and other drugs for their condition and its underlying causes.

Program administration consists of the elements of interagency cooperation and program management.

• Interagency Cooperation

  • In order to make effective use of existing community services and to accomplish the program design, CDCRCalifornia Department of Corrections and Rehabilitation works in cooperation with DADPDepartmental Alcohol and Drug Programs, DORDepartment Of Rehabilitation, DMHDepartment of Mental Health (see Department of State Hospitals DSH), and DSS for the purpose of designing and funding programs and providing substance abuse program services.

  • The CDCRCalifornia Department of Corrections and Rehabilitation may disburse funds to local substance abuse service providers through an interagency agreement with DADPDepartmental Alcohol and Drug Programs. DADPDepartmental Alcohol and Drug Programs contracts with local government agencies to provide substance abuse program services through private and public providers.

• Program Management

  • The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) retains administrative responsibility for CDCRCalifornia Department of Corrections and Rehabilitation’s substance abuse program contracts and serves as the primary liaison between private contractors and participating government agencies and representatives. DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) staff are responsible for coordinating private contractor access to institutions/facilities, parole field units, and offender records (when necessary/appropriate).

  • The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) reviews and approves program content and operation to maintain a program structure within contract parameters and substance abuse program standards.

  • The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) reviews and approves invoices submitted by contract agencies related to work performed on DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) managed programs.

  • The DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs) monitors the collection of program and participant data and maintains records in cooperation with substance abuse program providers and participating government agencies. All programs funded through CDCRCalifornia Department of Corrections and Rehabilitation require the development, maintenance, and reporting of program management information as determined by DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs).

The Director, DARSDivision of Addictions & Recovery Services (see Division of Rehabilitative Programs), or designee, shall be responsible for ensuring that the contents of this article are kept current and accurate.

CCRCalifornia Code of Regulations (15) (3) § 3901.9.4(e).

The facilities shall initiate leisure time inmate activity groups which promote educational, social, cultural, and recreational interests of inmates.

Group and individual activities which violate the law or rules and regulations of the Secretary shall not be permitted.

Inmate clubs, activity groups, associations, or other organizations within the facility are permissible only when specifically approved by the Warden and are in compliance with this Section. When reasonable cause exists, including but not limited to noncompliance with CCRCalifornia Code of Regulations, facility approved by-laws for the group, etc., the Warden has the authority to disband any previously approved club, activity group, association, or organization operating within the facility.

This Section provides standards for organization and proper administration of inmate activity groups.

Authority to approve the formation of inmate activity groups is restricted to the Warden.

Any group of inmates desiring to organize and function as an activity group shall submit a plan of operation to the Warden for approval by the chain of command.

The group plan of operation shall conform to facility guidelines and include the following:

• The group’s proposed name shall reflect the general nature and interest of the group.

• The purpose of the group, membership, frequency and type of meetings, size limitations, outside affiliation, and delineation of group’s governing body.

• By-laws shall be reviewed at least annually by the Warden, or designee, and updated when changes are approved.

• The Warden can terminate an activity group for reasonable cause.

Each activity group’s plan of operation shall include and be consistent with the following criteria:

• Establishment and operation of any activity group requires agreement of a permanent full-time employee to serve as the group sponsor.

• One or more co-sponsors may also be required depending on the complexity of group activities.

• The activity group’s purpose and activities shall not violate or conflict with laws, rules, and regulations of the Secretary, or the Department’s procedures.

• The group members, or individuals representing the group, shall not advocate or support disruption of order or hinder lawful authority.

• Membership shall not be denied because of the inmate’s race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age, or sexual orientation.

• Membership fees, dues, or donations to the group shall not be a condition of membership or for participation in the group’s activities.

• Any funds or property collected by the activity group shall be administered in accordance with DOMDepartment Operations Manual 101080, Charitable Fund Raising Campaigns.

• Group meetings and correspondence shall be conducted in a language readily understandable by the group’s sponsor, co-sponsor, or other employee supervising the activity.

• A group shall be permitted only if it provides a benefit to the participants justifying the use of state staff time, materials and facilities. Determination of benefit shall consider the following:

  • Whether the group is unnecessary because the benefits are available through existing facility programs or activity groups.

  • Space is available for meetings and activities.

  • Participant’s ability to repay state costs and meet future financial obligations.

  • Whether the group shall benefit or disrupt general facility operations and nonparticipating inmates.

  • Whether participation shall assist the inmate to return to a normal life upon release.

  • Whether the group shall interfere with normal programs established to meet the needs of the inmate work/training incentive program.

The Warden shall designate an associate Warden as Group Administrator to supervise the activities of all local inmate activity groups.

• Responsibilities

  • The Group Administrator shall:

    • Review proposed inmate activity group plan of operation and recommend in favor of or against approval by the Warden.

    • Make personal contact with inmates, staff and outside participants to ensure that everyone concerned understands the plans of operation.

    • Audit inmate group activities to ensure that plans of operation are followed.

    • Select and train group coordinators and sponsors.

    • Maintain a current list of approved inmate activity groups, including a list of members and officers of the groups, and a copy of their plans of operation.

    • Review and approve or deny requests for outside participants to attend inmate group activities.

    • Arrange for temporary supervision of groups when the sponsor cannot attend a scheduled meeting.

The Group Administrator shall designate one or more staff members at not less than Lieutenant or CCCorrectional Counselor-II level to function as Inmate Activity Group Coordinators.

• The Group Coordinator shall:

  • Schedule group meeting times and places.

  • Assist in audit of group activities by frequent attendance of each group’s meetings at least once each quarter.

  • Screen requests for outside participant attendance at group meetings or special activities.

  • Recruit and train personnel to act as Inmate Activity Group Sponsors and Co-Sponsors.

  • Audit annually all group funds and expenditures.

Group sponsors and co-sponsors shall be full-time permanent employees who have completed probation.

• Sponsors and Co-Sponsors shall:

  • Submit a request to sponsor an inmate activity group to the group coordinator for approval.

  • Learn their responsibilities as defined in this procedure.

  • Review the group’s constitution and by-laws to familiarize themselves with the group’s philosophy, goals, and approved operating parameters.

  • Review and approve all correspondence to and from the group.

  • Assist inmates with preparation of proposed plans of operation which shall meet the criteria for approval by the Warden.

  • Assist the group coordinator, the group administrator, and the Warden as necessary in their review and understanding of the proposed plan of operation.

  • Ensure that constitution and by-laws are reviewed annually, updated when necessary, and submitted through the group administrator for approval by the Warden.

  • Assist the group coordinator in scheduling meeting times and places.

  • Attend all meetings held by the group or, if unable to attend, arrange for attendance and supervision by a co-sponsor or other authorized employee.

  • Cancel any meeting for which proper supervision cannot be provided.

  • Audit group’s activities, attitudes and inclinations as reflected in the verbal and written matter of the group and its members.

  • Report any deviation or diversion of the group’s interest that are beyond acceptable limits or require the attention of other facility staff.

  • Review requests for outside participation in group meetings or activities. Assist in identifying proposed guests and evaluate the impact of their presence on the group and security of the facility.

  • Submit lists of proposed outside participants in advance of the meetings/activities to the group coordinator for approval.

  • Require that outside participants receive orientation regarding participation in group activities.

  • Supervise orientation of new group members on policies and procedures of the group.

  • Maintain attendance records of outside participants and group members.

  • Prepare and submit monthly activity report.

  • Propose that publicity or promotional material shall not be distributed until approved and signed by the sponsor, who shall present it to the group coordinator before posting or distribution.

  • Evaluate requests for copying or printing of group material. If a document is approved for reproduction, the sponsor shall sign each page and attach a signed note to the document indicating the number of copies authorized. Paper shall be provided by the group. The request shall be forwarded to the group coordinator for approval prior to duplication.

  • Screen any written material, books, pamphlets, tracts or lesson plans, etc., including photographs, pictures, drawings or posters donated by outside participants as well as video cassettes, movies or other visual aids. Document approval or disapproval.

  • Approve/disapprove and sign all group trust withdrawal requests.

  • Submit pay vouchers to the group coordinator.

  • Inform the group coordinator if no longer interested in sponsoring a group.

The participation of outside guests in group meetings and activities shall be by the invitation of the group sponsor.

All guests shall be processed as described in DOMDepartment Operations Manual 101090, Volunteers.

The number of guests at any regular meeting or special event shall be approved by the Warden.

• Annual Banquets

  • Each approved activity group may be allowed one banquet per year.

  • Charges for meals will be in accordance with DOMDepartment Operations Manual 54080, Food Services.

The Deputy Director, Facility Support, Division of Adult Institutions, or designee, shall be responsible for ensuring that the contents of this Article are kept current and accurate.

CCRCalifornia Code of Regulations (15) §§ 3020, 3233, 3235, 3237, and 3263.

ACAAmerican Correctional Association Standards 2-4456, 2-3359 and 2-4455.

Each Warden shall provide a recreation and physical education program that will maximize inmate participation under conditions that are safe and secure.  Inmates may be afforded an opportunity to engage in a variety of activities consistent with their custody classification, privilege groups, security requirements, health status, and any documented or demonstrated special need.

Recreation and physical education programs are founded on six broad goals providing inmates opportunities for achievement through participation in a range of programs that promote the following:

• Physical activity.

• Physical fitness and wellness.

• Movement skills and movement knowledge.

• Social development and interaction.

• Self-image and self-realization.

• Individual excellence.

This Article provides staff responsibilities and criteria for the administration of adult institution and facility recreation and physical education programs.

The Principal shall provide overall supervision and coordination of recreation and physical education activities at their respective institutions and facilities. The Principal shall:

• Coordinate all recreation and physical education activities.

• Supervise the selection, assignment, and training of inmate clerks and recreation assistant aides.

• Evaluate and utilize community resources.

• Maintain appropriate records of activities, inventories, and student participation and attendance.

• Ensure the security and control of the areas and scheduled activities.

• Maintain effective control and utilization of equipment.

Arts-in-Corrections

• The Arts-in-Corrections program provides inmate activity groups administered by the California Arts Council (CACCommission on Accreditation for Corrections) via an interagency agreement with CDCRCalifornia Department of Corrections and Rehabilitation, Division of Rehabilitative Programs (DRPDivision of Rehabilitative Programs).  The CACCommission on Accreditation for Corrections Staff Services Manager I and Associate Governmental Program Analyst provide overall supervision for the institutional Artist Facilitators or Lead Artists who are the designated program contacts.  The Artist Facilitators and Lead Artists are under the supervision of the Community Resource Manager (CRMCommunity Resource Manager) at each institution.

Art activities may consist of, but are not limited to, the following artistic disciplines:

• Folk & Traditional Arts.

• Literary Arts.

• Media Arts.

• Multidisciplinary Arts.

• Performing Arts.

• Visual Arts.

• Handicraft Program.

Administrative oversight of each institution’s handicraft program is the responsibility of the Correctional Administrator, Business Services. Direct supervision of the program is delegated to an institutional handicraft manager.

Inmate participation in recreational activities shall be voluntary, non-credit, accomplished during non-assignment hours, and be dependent on privilege level.  Activities may include, but are not limited to, the following:

• Audiovisual programs.

• Individual sports, such as track and field, jogging, and gymnastics.

• Dual sports, such as handball, horseshoes, table tennis, badminton, and shuffleboard.

• Team sports, such as baseball, basketball, soccer, softball, touch football, and volleyball.

• Social games, such as checkers, puzzles, dominoes, chess, and card games.

Precaution shall be taken to prevent injury during recreational activities.  Activities involving unusual danger or risk shall not be permitted.

Gymnasium, field, and yard schedules shall be established to provide reasonable access for all eligible inmates.  Recreational activities may be available seven days per week.

The Warden may approve special events which feature visual and performing arts activities.

Intramural sports may be offered for all eligible general population inmates.

Each institution shall establish guidelines to discourage inappropriate domination by any one inmate group.  A designated staff person shall select and assemble individual teams.

Intramural sports may include handball, racquetball, basketball, softball, horseshoes, and similar group sports.

Table game leagues and tournaments may be organized institutionally.  All eligible inmates may participate in such tournaments.

Tournaments may be organized institutionally.  The variety of competitive activities shall be rotated according to different interests, skills, and cultural considerations.

Announcements of upcoming special events shall be posted in designated areas accessible to all eligible inmates.

Awards and certificates of participation or accomplishment may be purchased with Inmate Welfare Fund monies and offered as awards to inmates participating in tournament activities.

Approved awards shall be delivered to the recipient inmate as soon as possible, but no later than 45 days following approval by the activity or contest coordinator.

Refer to Department Operations Manual chapter 10, article 5.

Musical activities are encouraged in those institutions with the appropriate facilities and equipment.

Under the supervision of designated staff, inmates may schedule practice sessions in designated areas.

Entertainment movies may be selected and scheduled for viewing, in advance, on a quarterly basis.  This schedule shall be submitted through the established chain of command for approval by the institution head or their designee prior to the beginning of each quarter, and the approved schedule shall constitute the institutional discretionary viewing list.

Only entertainment movies with a Motion Picture Association of America (MPAA) rating of General Audiences (G), Parental Guidance Suggested (PG), or Parents Strongly Cautioned (PG-13) may be considered for general viewing by the inmate population.  Entertainment movies with Edited Down (R-ED) rating may be viewed in accordance with the provisions of this section.

An entertainment movie not originally rated G, PG, or PG-13, but through editing has been “reduced” to the content equivalent of a G, PG, PG-13, or R-ED rating shall not require previewing.

All suitability issues shall be determined by the Warden.  Entertainment movies identified as “unacceptable” shall not be approved for general inmate viewing.

Regardless of a film’s MPAA rating, those glorifying violence or considered inflammatory to the climate of the institution shall not be approved for viewing.

Inmate Advisory Council (IACInstitution Advisory Counsel) may be used to make recommendations for the selection of specific entertainment movies.

Only entertainment movies that have Public Performance Rights (PPR) may be shown.

The Warden shall approve entertainment movies prior to inmate viewing.

Copyright Permission.

• All entertainment movies shown in the CDCRCalifornia Department of Corrections and Rehabilitation are a Public Performance. All entertainment movies shown in CDCRCalifornia Department of Corrections and Rehabilitation institutions must be accompanied by appropriate license and copyright PPR.  Movies without explicit PPR shall not be shown.  All contract movie vendors shall provide PPR for each movie.

Accessibility.

• Institutional Wardens shall require that movies be shown in “Open Caption” or Descriptive Audio (AD) when the feature is available through the movie vendor.  All living unit or dayroom televisions shall display captions at all times.

• Caption services may not be available on R-ED rated movies.

• Inmate access to approved movies will be displayed on dayroom or living unit televisions.  Custody staff shall facilitate the showing of movies on institutional TVs in housing units.

• Inmates are responsible for turning on Americans with Disabilities Act (ADAAmericans with Disabilities Act) accessibility features for their personal television and movies in the cells,
  if available.

The Institution Television (ITV) system provides inmate access to basic broadcast television, information programs, official messaging, education, mandated content, and Division of Rehabilitative Programs Television (DRPDivision of Rehabilitative Programs-TV).  ITV is administered by local Television Specialist staff.  ITV content is approved by the institutional Warden.  ITV equipment is maintained and supported at the institutional level.  Inmate owned televisions are not maintained by institutional staff.

The DRPDivision of Rehabilitative Programs-TV system consists of multiple channels which provide access to rehabilitation-centered television programming to all adult institutions within the CDCRCalifornia Department of Corrections and Rehabilitation.  DRPDivision of Rehabilitative Programs-TV provides access to official messaging, education, and mandated content.  The DRPDivision of Rehabilitative Programs Office of Program Support (DRPDivision of Rehabilitative Programs-OPSOutpatient Status), Media Section, administers DRPDivision of Rehabilitative Programs-TV.  The DRPDivision of Rehabilitative Programs Director approves content provided through DRPDivision of Rehabilitative Programs-TV.  DRPDivision of Rehabilitative Programs-OPSOutpatient Status staff maintain and support DRPDivision of Rehabilitative Programs-TV equipment, with assistance from the local institution Television Specialist.

State-owned television sets may be provided in dayrooms or other areas accessible to general population inmates. Televisions placed in these areas shall not be moved for service, repair, or replacement except by an authorized staff person.

Program schedules shall be decided by majority vote of the inmates in attendance in the dayrooms or other areas used for general population viewing at the time of the vote.

DRPDivision of Rehabilitative Programs-TV educational programs shall receive priority over other program content.

Any tampering with the television shall be cause for disciplinary action.

Refer to Department Operations Manual chapter 10, article 3 for educational, social, cultural, and community interaction-based activities.

The Arts-In-Corrections Program provides leisure time activities administered by the Division of Rehabilitative Programs (DRPDivision of Rehabilitative Programs) headquarters Arts Program Administrator (APAAdministrative Procedure Act).  This headquarters APAAdministrative Procedure Act provides overall supervision for the institutional Artist–Facilitators or Lead Artists who are the designated program contact persons.  The APAAdministrative Procedure Act shall provide support, assistance, and ensure activity compliance.

The Community Resource Manager (CRMCommunity Resource Manager) at each institution shall be designated as the immediate supervisor for the Artist Facilitators and Lead Artists.

Art activities may consist of, but are not limited to, the following:

• Literary arts, including poetry, creative writing, playwriting, and book arts.

• Visual arts, including painting, drawing, printmaking, calligraphy, and graphic arts.

• Performing arts, including music, theater, and dance.

Inmate recreational weight lifting activities shall not be permitted at California Department of Corrections and Rehabilitation institutions or facilities.

The institution’s education department shall make available to eligible inmates a recreation and physical education program that consists of the Office of Correctional Education (OCEOffice of Correctional Education (see DRP)) adopted standards for physical education to prepare inmates for a lifetime of physical activity, health, and well-being. To achieve these goals, inmates shall:

• Develop proficiency in combining movement and motor skills.

• Understand how movement and motor skills should be performed based on biomechanics principles.

• Understand how to improve their movement and motor skills.

• Understand game tactics and demonstrate their use in game settings.

• Develop a healthy level of flexibility, muscular strength and endurance, body composition, and cardiorespiratory endurance.

• Participate regularly in physical activity.

• Understand the benefits of regular physical activity.

• Understand how to create a personal fitness plan.

• Demonstrate appropriate social skills and personal responsibility in a physical activity setting.

A Physical Education Teacher, with a single subject credential in Physical Education issued by the California Commission on Teacher Credentialing (CCTC), shall coordinate and provide direct supervision of the recreation and physical
education program.

Inmate participation in recreation activities shall be voluntary, non-credit, accomplished during non-assignment hours, and be dependent on privilege level.

Participation in Physical Fitness Training (PFT) shall be based upon Classification Committee action, and is considered a credit earning program.

Several components of the recreation and physical education program require specialized instruction and training.  These components include, but are not limited to, the following:

Funding for recreation is provided by the DRPDivision of Rehabilitative Programs and Inmate Welfare Funds; PFT funding is provided by the Division of Adult Institutions (DAIDivision of Adult Institutions (formerly Institutions Division)).

These education program components shall meet the OCEOffice of Correctional Education (see DRP) adopted teacher to student ratio.

Whenever possible, instructional resources for these program components shall be compiled on a standard list and placed on contract.

This training course is designed to evaluate, prepare, and test the physical preparedness of inmates for admission into a California Department of Forestry and Fire Protection (CALCalipatria State Prison FIRE) Training and eventual assignment to a California State Conservation Camp (fire camp) as a firefighter, emergency transport vehicle attendant, or for support services.

Inmates shall possess clearance authorizing their participation in emergency firefighting activities.

The Principal or designee shall provide supervision of Physical Fitness Training (PFT) courses. The bargaining unit contract designates specific PFT instructional days.

A Physical Education Teacher, shall teach this course at each applicable institution.  The assigned teacher shall be responsible for recording and reporting all training time and absences of inmates assigned under their supervision.

The PFT involves proficiency testing in activities measured by specific count, time frame, or strength demonstration.  These measured activities shall be specified in the OCEOffice of Correctional Education (see DRP) adopted curriculum framework.

Unless waived by the Warden, an inmate must successfully complete PFT prior to being admitted into the forestry training.

Each institution/facility shall provide the clothing, equipment, and supplies necessary for PFT.  Institution adult schools shall provide a variety of recreational and physical education activities. Strict accountability of items issued to inmates shall be maintained by utilizing a staff-supervised checkout system.

Conservation camps (fire camps) shall provide recreation and physical education opportunities for their respective inmate populations.  These opportunities shall be compatible with camp operations, staffing, and the geographic location of the camp, and will be funded by the Division of Adult Institution’s budget.

Inmate clerks and recreation assistant aides are valuable resources when trained and properly supervised.  Inmate clerks and recreation assistant aides shall be selected on the basis of their relationships with other inmates, previous work record, attitude toward staff, and desire to work.

These aides may serve as program assistants, activity leaders, and sports officials performing the following functions:

• Supply clerks, issuing supplies under the supervision of designated staff.

• Record keeping of equipment and supplies under the supervision of designated staff.

• Preparation and distribution of announcements and flyers.

• Cleaning and maintenance of the adult institution or facility, and equipment.

A recreation committee may be established at each institution. Composition should include staff and inmates.  This committee may be used to provide input and offer recommendations on recreational and physical education programming.

Inmate participants shall be composed of a cross-section of inmates eligible to participate in the program.

Community participation in institutional recreation and physical education activities shall be encouraged. Community volunteers may be utilized in accordance with institution or facility’s Operational Procedures.

The Superintendent of Education shall ensure the contents of this Article are current and accurate.

The Department permits inmates’ constructive use of their leisure time activities. A handicraft program is established to provide a controlled means for obtaining the necessary materials and equipment and for the release of manufactured articles.

The handicraft program allows constructive use of the inmates’ leisure time by affording them a program in which they may expand their creative potential. The program provides a means for the inmates to earn money to help supplement their financial resources. This Section provides for proper organization and administration of the handicraft program.

The inmate handicraft program is to be operated under the administration of the Associate Warden, Business Services. The handicraft manager provides direct supervision and implementation of the program.

Inmates assigned Work/Training Group A or B, by a classification committee, are eligible to participate in the handicraft program. Any inmate who abuses their handicraft privileges shall be subject to loss of eligibility to participate. Inmates assigned to AD-SEGAdministrative Segregation are not eligible to participate in the handicraft program.

The handicraft manager, after interviewing applicants, shall approve/disapprove the CDC Form 165, Application for Handicraft Privilege.

The handicraft manager shall grant approval only after he/she is satisfied that the applicant:

• Possesses the manipulative potential required in the craft.

• Intends serious participation in the program.

If the application is disapproved, it is returned with an explanation to the inmate. If approval is granted, the handicraft manager shall forward the application to the captain for approval/disapproval.

Inmates in violation of handicraft program policies shall be suspended from the program. Such suspension through disciplinary action shall be for a specific period of time in keeping with the seriousness of the specific violation. Participation in any handicraft program or project may be terminated or suspended as a result of classification committee action.

• Upon suspension or termination of handicraft participation through disciplinary action, classification committee action, or upon the inmate’s voluntary termination, all personally owned handicraft tools and materials shall be shipped to any person in the community designated by the inmate at the inmate’s expense. Tools and materials shall not be retained in long-term storage within any facility.

• The handicraft manager shall remove from the rolls those participants who have become inactive by:

  • Failing to place an order for three months; and/or

  • Failure to offer an item for sale for a three-month period.

Inmate participation is limited by the available handicraft space in each facility. Fifty percent of the inmates participating in handicraft may be involved in in-cell hobby only. No waiting lists shall be maintained. When inmate participation drops, open enrollment periods shall become available on a first come/first serve basis.

Loan requests may be submitted to the handicraft manager and if approved, the manager shall sign the request and forward the request to the trust office for verification of indigent status. After verification the trust office shall sign and forward the request to Business Services for final disposition. If approved, the handicraft manager shall submit the request with a copy of the CDC Form 167, Handicraft Order, to the Inmate Welfare Fund accounting office. The loan shall be posted on the inmate’s trust account as an obligation for the hobby order until the loan is paid in full. The amount of the loan will reduce the available budget for the institution’s hobby program.

• When the loan is made, the inmate shall complete a CDC Form 193, Trust Account Withdrawal Order.

• If the inmate is transferred, paroles, escapes or expresses a desire to withdraw from the program prior to repayment of the loan, all raw materials shall be retained by the handicraft manager.

• A loan will only be deemed uncollectible if/when the borrowing inmate has either paroled or discharged from the CDCRCalifornia Department of Corrections and Rehabilitation.

All activities in the manufacture of finished handicraft articles shall occur only during leisure hours. Inmates shall not participate in handicraft during their normal work assignments.

Shop Activity

• The handicraft manager shall publish a schedule of operations for the handicraft shop/classroom that allows maximum access by inmates during their off-duty hours.

• The area shall be cleaned daily prior to closing. Failure of any inmate to participate or assist in the shop clean-up shall result in suspension of their handicraft privileges.

Living Area Activity

• Handicraft work done in-cell shall abide by the following guidelines:

  • Shall have a handicraft inventory sheet listing all material authorized:

  • One copy shall be taped to the storage locker.

  • One filed in the participant’s handicraft folder in the hobby shop.

  • One filed with the captain.

  • One in the inmate’s possession when transferring material between in-cell area and the handicraft shop.

Inventory sheets require the following signatures:

• Handicraft Manager.

• Captain.

Only those items authorized and listed on the inventory sheets shall be allowed. All other handicraft items shall be confiscated. The volume of handicraft in the cell shall conform to CCRCalifornia Code of Regulations 3191.

All inmates approved for the handicraft program shall be issued a CDC Form 133, Inmate Activity Card. All CDC Form 133’s shall have an expiration date of six months and it shall state the type of handicraft the inmate is authorized to perform. Requests for renewal shall be reviewed by the handicraft manager. Inmates who have not completed any finished articles shall be deemed disinterested and shall not be eligible for renewal for the next six months.

Items to be manufactured shall be limited to those approved by the handicraft manager. Criteria for approval shall be the ability of the inmate, cost of the materials, size, tools, and availability of the finished items. Specific articles that may be manufactured are as follows:

• Leather craft: Wallets, purses, belts, change purses, key cases and holders, dog collars, moccasins, sandals, photo albums, bowling bags, brief cases, watchbands, pouches and whistle snaps.

• Woodcrafts: Picture frames, jewelry boxes, inlay and overlay work, lamps, chess sets and checker boards.

• Jewelry: Earrings, Necklaces, bracelets, pins, tie clasps, belt buckles, rings, broaches, pendants and key chains.

• Art: Painting (Oils, pastels, water colors, and charcoals), drawings, engravings, and black prints.

• Knitting and weaving: Caps, scarfs, purses, sweaters, afghans, pictures, mittens, doilies, bookmarks, glass cases, rugs, and baby items.

• Ceramics: Mosaics, cups, mugs, bowls, plates, wall plaques, statuary, lamps, figurines, ash trays, and jewelry boxes.

• Cellophane: Jewelry boxes, photo albums, and picture frames.

• Macramé: Wall hangings, plate hangers, belts, bags, mats, and curtains.

• Models: Cars, trucks, boats, and planes.

Any article not listed above shall be approved by the handicraft manager before the ordering of supplies and materials.

Handicraft File

• A handicraft file shall be initiated for each inmate in the program. This file shall contain all documents pertaining to:

  • Special orders.

  • Agreements signed.

  • Loan applications (if applicable).

  • CDC Form 166.

  • Inventory sheet listing all material authorized for handicraft work done in-cell.

Approved tools and materials for the handicraft program shall be purchased through approved vendors only. Items received from other sources shall be returned to sender or donated to the Inmate Welfare Program. All orders for purchases of handicraft tools and material shall be submitted to the handicraft manager (see CDC Form 167, Handicraft Order, and CDC Form 167-A, Trust Account-Special Purchase Order Only). The handicraft manager and Associate Warden of Business Services shall determine the minimum dollar value for initial handicraft purchases.

Note: The manufacture or alterations of tools shall be prohibited.

A ten percent charge shall be added to the cost of handicraft tools and materials for handling expenses and shall be deposited into the IWFInmate Welfare Fund. An additional charge determined by the handicraft manager shall be added to cover the vendor’s handling, tax, insurance and postage. A “hold” to cover all costs shall be placed on the inmate’s trust account while the order is being processed. All money left over after payment shall be refunded to the inmates account. Inmates submitting orders with non-sufficient funds shall not be allowed to reorder for 60 days.

When an inmate transfers after placing an order, the merchandise upon arrival shall be inventoried by the handicraft manager and then forwarded to the institution of transfer. The funds to cover the cost of the purchase shall be retained at the sending institution’s trust office until the vendor has been paid. Any money left over after payment shall be forwarded to the trust office at the new institution and accredited to the inmate’s account.

• No orders shall be cancelled after submission to the vendor.

• To avoid possible complications and delays in preparing accurate release budgets, handicraft orders shall be submitted and ordered no later than 90 days prior to the inmate’s release date.

The handicraft manager shall approve and inventory all handicraft items received from other institutions. He/she shall store the items until the inmate has been approved for the handicraft program. When the inmate receives the activity card, he/she shall be given the items and shall be permitted to keep them per institutional procedure. Approved tools that are not permitted outside of the handicraft shop shall be stored in appropriate lockers provided. Any tool with a cutting edge or sharp point in excess of 1-1/2″ in length shall not be permitted to be in the possession of the inmate outside the hobby shop. No tools shall exceed 4-1/2″ overall in length. Any item(s) not approved shall be disposed as follows:

• May be donated to the handicraft program.

• May be mailed to an approved correspondent at inmate’s expense.

Handicraft equipment supplied by the institution shall be operated only by inmates specifically authorized by the handicraft manager.

Tools and equipment shall be allotted to the handicraft participants on a first come, first serve basis, with a sign-up list kept by the handicraft manager. The Manager shall monitor the time spent on the machines and ensure that they are not monopolized for an unreasonable length of time by one person.

Failure to safely operate the equipment with reasonable care and proficiency shall be reason for suspension of privileges for further use. All machines shall have safety devices in place when being operated. Safety goggles shall be worn at all times when operating equipment.

• No repairs shall be made by inmates on any of the equipment other than minor adjustments which shall be performed under the supervision of the handicraft manager.

• Misuse of equipment shall also be reason for suspension of privileges and could result in the inmate being charged for necessary repairs.

Any handicraft materials, tools or projects in the possession of an inmate, who is not assigned to the handicraft program, shall be deemed contraband and shall be confiscated. Inmates who loan or give their handicraft items to another inmate without prior specific approval in writing by the handicraft manager shall be subject to removal from the program, and the items confiscated.

• All correctional employees have the authority to confiscate unauthorized handicraft materials, tools, or projects. The confiscated items shall be tagged with the inmate’s name and number and then placed in receiving and release for disposition by the handicraft manager.

• Items confiscated shall be disposed of in a manner which includes, but is not limited to the following:

  • Sale in the handicraft store with proceeds to IWFInmate Welfare Fund.

  • Donation to a charitable organization.

No handicraft volatile liquids or substances shall be stored in any inmate’s living quarters. All volatile substances shall be stored in the handicraft shop, adhering to the controls as set forth in DOMDepartment Operations Manual 52030.

Tool control of state owned tools or inmate owned tools are subject to the provisions as stated in DOMDepartment Operations Manual 52040.

An inmate’s handicraft articles, tools, and materials shall not exceed the amount that can be stored in designated storage areas of the facility.

Handicraft materials and equipment when combined with other personal and state property shall not exceed six cubic feet in the inmate living area.

All handicraft tools and materials received for inmates (purchased or donated) shall be itemized on a CDC Form 166, Handicraft Ledger Card. Upon completion of a handicraft item, an entry shall be made on the CDC Form 166 stating what was completed, cost, and date of completion. The disposition of the item shall also be entered on the form, i.e., donated, sold, mailed out or transferred to individual’s personal property. If the item is sold, the receipt number from the bill of sale shall be posted on the form.

If an inmate is authorized to have handicraft work in the cell, all handicraft tools and materials received shall be itemized on a CDC Form 166-A, In Cell Handicraft Ledger. The CDC Form 166-A shall be completed in the same manner as described above for the CDC Form 166.

Inmates paroled or discharged shall ship, at their own expense, personal handicraft materials prior to their release date or may carry the materials with them upon release. All handicraft materials shall be inventoried and packed by the handicraft manager then delivered to the receiving and release officer. A copy of the list of inventoried materials shall be placed in the inmate’s handicraft file and forwarded to the records office for further disposition.

Upon receiving notice that an inmate is to be transferred, the handicraft manager shall gather and inventory all the inmate’s tools, and raw materials for packing. A copy of the inventory list shall be placed in the handicraft package, a copy in the inmate handicraft files and a copy forwarded to the records officer to be sent to the institution of transfer. Inmates, at their own expense, shall either ship materials to the institution of transfer or to an approved correspondent. They may also donate them to the inmate handicraft program. The handicraft manager shall make arrangements for the packages to be shipped.

Paroled, discharged or transferred inmates shall have thirty days prior to and thirty days after departure to contact the handicraft manager to determine disposition of their hobby materials and tools. If the handicraft manager is not contacted within the time limits, the inmate’s hobby possessions shall be considered abandoned property and shall be turned over to the IWFInmate Welfare Fund.

Upon notification of the death of an inmate who was involved in the handicraft program, the handicraft manager shall gather, inventory and pack all of the tools, raw materials, finished and partially finished articles belonging to the deceased. The package(s) shall be forwarded to the institution property room. A copy of the inventory sheet shall be attached to the package and a second copy shall be forwarded to the institution’s records office with the inmate’s handicraft file.

Stolen or lost handicraft materials, tools, and articles shall be reported immediately by the inmate to the handicraft manager. He/she shall record the missing items and route a memorandum to the unit/division administrator listing the description and other information concerning the theft or missing articles.

Articles purchased in the handicraft store which are discovered to be defective may be returned with receipt within 60 days of purchase for necessary repair, alteration or renovation.

• Other repairs or alterations of purchased items may be done at a fair charge to the inmate. Sale slips shall accompany all items returned for repair.

Only the Warden, delegated representative, or the institutional CRMCommunity Resource Manager may accept a gift/donation from private, local contributors. When a gift/donation is deemed appropriate for acceptance, the CRMCommunity Resource Manager shall complete the CDC Form 922, Authorization to Accept Gift/Donations, following the procedures set forth in DOMDepartment Operations Manual 101110.

Inmates

• Inmates may also donate handicraft materials and tools to the institution handicraft program. Such articles shall be controlled by the handicraft manager, become the property of the State, and shall be utilized in the same manner as other state owned tools and materials.

Correspondent/Visitor

• Inmates may give gifts of handicraft items produced by themselves to any correspondent or visitor by “gate pickups and mail outs” within the following limits:

  • Gate pickups: No limit on gate pickups. Packages remaining at the entrance gate/reception desk for more than two weeks shall be returned to the inmate.

  • Mail outs: No limit on mail outs, but all shipping and wrapping charges shall be prepaid by the inmate by signing a CDC Form 193, Trust Withdrawal Slip.

  • All gifts shall be searched and sealed by the handicraft manager prior to mailing or gate pickups. All gate pickups and mail outs shall be at the inmate’s risk.

Inmates

• Inmates, with prior approval of the handicraft manager, may give, donate, or loan handicraft tools and materials to other inmates who are properly enrolled in an approved handicraft program. The recording of transactions shall be made by the handicraft manager.

• No gift may be given to or be accepted by an employee of the Department.

Inmates in the handicraft program may transfer completed articles to their personal possession if such articles conform to DOMDepartment Operations Manual 54030. A personal property receipt shall be initiated by the handicraft manager and sent to the property room/Receiving and Release per institutional procedures. Stockpiling of finished products shall not be allowed.

Items to be placed on sale in the handicraft store shall be submitted to the handicraft manager for approval. The selling price shall be established jointly by the inmate and Manager. The maximum number of articles allowed to be placed in the handicraft store shall be determined by the handicraft manager based on available space and size of item.

• Inmates, 30 days prior to parole/transfer, shall notify the handicraft manager as to the disposal of such articles. Inmates shall not leave articles for sale after their departure.

The CDC Form 168, Handicraft Inventory Card shall be filled out for each item placed for sale. Items shall be logged on the inmate’s card, and shall be initialed by the inmate and the handicraft manager.

Sale items shall be issued an inventory number. The inventory card is a three-part form and all sections shall be completed by the manager when an item is placed in the handicraft store for sale.

The card shall be distributed as follows:

• Part one of the card with the item description and approved price shall be completed and forwarded to the trust office where it shall be retained.

• Part two shall be attached to the article showing sale price when it is placed for sale in the handicraft store. When the item is sold, a copy shall be attached to a copy of the sales receipt and forwarded to the trust office. The sale price shall be verified to correspond with the amount shown on part one of the inventory card prior to posting the income on the inmate’s account. If a discrepancy exists, it shall be resolved at that time by the trust office and the handicraft manager.

• Part three, the inmate’s receipt, shall be given to the inmate when the item is placed in the handicraft store. The inmate shall retain this receipt in his/her possession and shall turn it in to the handicraft manager at the time the item is sold or removed from the store.

A proper balance and relationship shall exist between inventoried articles and mail out, sales, and purchases. If such a balance does not exist, an investigation shall be initiated per institutional procedures and directed by the handicraft manager.

Sales of handicraft items shall be limited to those items on display in the Handicraft Store, annual institutional arts and crafts shows, shows in public buildings, fairs or on property operated by a non-profit organization. All proceeds from handicraft sales shall be returned to the institution. No person or organization sponsoring a show shall receive a commission or profit from the sale of handicraft items directly or indirectly.

• A ten percent surcharge shall be added to the established purchase price on all articles placed on sale. When the article is sold this surcharge shall be deposited to the IWFInmate Welfare Fund.

• At the time of sale, a sales receipt shall be completed and include the following information:

  • Date.

  • Customer’s name.

  • Inventory number.

  • Quantity and brief description of the item.

  • Net price.

  • Sales tax and total price.

Paintings shall include different types of pictures, drawings, sketches and etchings with any frames that are attached.

• The following procedures and rules shall apply:

  • Purchase of handicraft articles shall be paid for with cash, money order, or cashier checks.

  • The IWFInmate Welfare Fund shall not be used to compensate any losses in the sales store operation.

  • Handicraft articles on display for 3 months may be deemed as unsalable by the handicraft manager and returned to the inmate for approved disposition. Appropriate remarks shall be placed in the inmate’s handicraft ledger at the time of disposition.

  • The net money received by an inmate for the sale of handicraft articles shall be placed in the individual’s trust account.

  • All sales shall be recorded in the log book in the handicraft store at time of sale and the handicraft manager shall keep a duplicate log of sales receipts for inventory purposes.

Special orders between employees and inmates shall first be approved by the handicraft manager and the Warden, or delegated representative, prior to the inmate commencing work on the item. Any contracts an inmate wants to enter into with other than an employee shall first be approved by the Warden or delegated representative. The following shall apply:

• Inmates shall use only material purchased from their own funds to manufacture items specified in the contract.

• The CDC Form 1230, Special Handicraft Contract, shall be assigned an inventory number and filled out in quadruplicate by the handicraft manager who shall obtain the signature of both the contracting employee and the inmate. The price of the item(s) being produced shall be agreed upon and stated on the contract before signing. Prices shall not be changed once they have been established.

• The handicraft manager shall sign the contract and submit it to the Warden or their delegated representative for approval. After acquiring the required signature, the handicraft manager shall distribute copies as follows:

  • Original: Associate Warden, Business Services.

  • Copies: Handicraft office, employee, and inmate.

• The inmate shall purchase materials and commence work on the contracted item(s).

• The handicraft manager shall notify the employee when the contracted items are completed and shall deliver them to the Handicraft Store where the employee shall pick up and pay for the items. No items shall be given to an employee until payment is made in full. The receipt shall be completed and distributed accordingly with the original copy going to the employee.

• All contracted items must be picked up and paid for within thirty days of notification.

• The handicraft manager shall monitor the contracts and insure that they are completed within the time specified.

Inmates shall not employ any other inmate(s) in the manufacturing of any handicraft article(s). Inmates may collaborate in the manufacturing of handicraft articles only with prior approval of the institution handicraft manager. All inmates involved in the production or creation shall share in any profit as determined by the institution handicraft manager.

Completed handicraft articles shall be sold through the handicraft store. The sales shall be recorded on a CDC Form 169, Handicraft Daily Sales Report which shall be prepared in triplicate by the handicraft manager.

Distribution shall be as follows:

• Original to IWFInmate Welfare Fund, accounting officer.

• Duplicate to Trust Officer.

• Triplicate to handicraft file.

The net amount of monies received by an inmate for the sale of handicraft articles after deductions for handling costs shall be considered as proceeds. Proceeds shall be placed in the inmate’s trust account with the exception of those items manufactured from state owned material. Proceeds from these articles shall be deposited to the IWFInmate Welfare Fund.

Completed handicraft items when sold are subject to sales tax, which shall be collected and remitted to the BOEBoard Of Equalization. Since there will be a duplicate payment of tax on the materials that go into handicraft items that are sold, an adjustment for this duplicate tax may be made when reporting to the BOEBoard Of Equalization.

Materials purchased for handicraft items are also subject to sales tax. If the vendor does not operate under a sales tax permit, the “use tax” is to be accrued and reported to the BOEBoard Of Equalization at the end of the fiscal year. If the handicraft item is not sold, no additional sales tax will be collected.

The IWFInmate Welfare Fund shall not be used to reimburse cash or the value of handicraft items lost or stolen from handicraft stores or for checks received from handicraft sales that become uncollectible.

The store shall be inventoried at least quarterly by the handicraft manager and annually by the Accounting Officer of the specific institution.

Institutions shall hold no more than two arts and crafts shows annually. All of the proceeds from handicraft sales shall go to the institution for disbursement per this Section. No individual or organization shall receive a commission or profit from the sale of handicraft, directly or indirectly.

Each institution or facility may hold one trade fair or art exhibit each year at the institution or facility, in addition to the approved arts and crafts shows, in public buildings, at fairs, or on property operated by nonprofit associations at which no sales are made.

Shows and exhibits at institutions shall be limited to four consecutive days, including Saturday and Sunday, outside exhibits may be extended to coincide with the normal period of the particular event, such as a state or county fair. It is desirable that institutions in the same general locale coordinate their plans for shows and exhibits in order to avoid conflict in dates.

In order that the maximum number of inmates have an opportunity to display handicraft items at art shows or public displays, the number of items which any one inmate shall be permitted to display, shall be limited to ten regardless of value.

The handicraft manager shall organize the exhibits/shows under the general supervision and sponsorship of the Associate Warden, Business Services.

The exhibits/shows shall be restricted to inmate participants only.

• Each item offered for sale shall have the price established at the time it is submitted for entry. The price must be realistic and controlled by the handicraft manager. No price changes will be permitted. Ten percent is added to the inmate’s asking price for deposit in the IWFInmate Welfare Fund.

• Sales shall be handled as described in DOMDepartment Operations Manual 101050.20.

Newspapers and TV stations are usually interested in the handicraft shows. Their staff is invited to review the entries and interview the inmate artists, if appropriate.

The Associate Warden, Business Services and handicraft manager may select a panel of outside judges from the local community. Judging shall be prior to the public showing. The number of awards shall be based on entries.

The Deputy Director, Division of Support Services, or designee shall ensure that the content of this Section is accurate and current.

PCPenal Code §§ 2601(a), 2813, and 5006.

CCRCalifornia Code of Regulations (15) (3), §§ 3100-3109, 3190 and 3265.

ACAAmerican Correctional Association Standards 2-4392, 2-4452, 2-4453, 2-4458, 2-4459, 2-4461.

The Department shall make a reasonable effort to provide for the religious and spiritual welfare of all interested inmates.

The purpose of this Section is to provide guidelines for the religious program.

Wardens are responsible for the religious programs in the institution and conservation camps. They shall meet quarterly with staff chaplains and Native American Spiritual Leaders.

The Chief Deputy Warden or an AWAssociate Warden, shall provide supervision of the staff chaplains, intermittent chaplains, and part-time chaplains.

Staff chaplains shall develop, supervise, and operate their assigned religious programs.

The pastoral duties of a chaplain and Native American Spiritual Leader shall consist of the following:

• Conducting worship:

  • Regular daily and/or weekly worship services, special religious services on religious and national holidays, interfaith services, memorial services, and funeral services.

• Administering Sacraments:

  • Baptism, Confession, Communion, Confirmation, Sacrament of the Sick and Marriage.

• Pastoral visiting:

  • Hospital, work programs, visiting areas, housing units, camps, group activities, and families of inmates.

• Religious education:

  • Scripture studies, liturgy, history, comparative religion, religious values, contemporary issues, and sacred music.

• Counseling:

  • Individual, family, marital, prerelease planning, and other pertinent counseling issues.

See DOMDepartment Operations Manual 51070, Death, for procedures.

Clergy have the right to privileged communication in the performance of their duties to the extent that the information in no way threatens or hinders inmate lives, staff lives, or in any way breaches the security of the facility.

The staff chaplain is responsible in his ministry to the source of his ecclesiastical endorsement and to the Wardens. This dual role shall not impose upon the institution a program in conflict with good correctional management.

Staff chaplains may officiate at the marriage of inmates. However, the staff chaplain, by virtue of religious affiliation, shall establish the criteria consistent with the provisions of DOMDepartment Operations Manual 101070, which shall be met by the candidates, if the staff chaplain is to officiate. Staff chaplains shall provide their supervisors with these criteria.

See DOMDepartment Operations Manual 101070 for procedures.

Chaplains and Native American Spiritual Leaders may, with authorization of the Warden, conduct or coordinate funerals and/or memorial services for deceased inmates and/or their families.

Staff chaplains and Native American Spiritual Leaders may minister to parolees and their families with the approval of the Warden and the RPARegional Parole Administrator of the P&CSDParole & Community Services Division (see DAPO).

Staff chaplains and Native American Spiritual Leaders may minister to employees who make personal requests.

Staff chaplains and Native American Spiritual Leaders shall be responsible for management of their offices, preparing and submitting reports, incoming and outgoing correspondence, and record keeping.

Staff chaplains and Native American Spiritual Leaders shall:

• Budget

  • Be required to submit their budgetary requests in writing through their supervisors.

• Facility Emergencies

  • Be available to assist as required in institutional emergencies as far as the dignity of their office and conscience will permit.

• Serve on Various Committees

  • Staff chaplains and Native American Spiritual Leaders may be called upon to serve on the institution classification committee, be a member of various institution committees, attend institutional staff meetings, and serve on departmental committees or task forces.

• Working Hours and Training

  • They may be required to work irregular hours due to the nature of their profession, attend religious retreats and conferences to maintain ordination and certification status, develop training opportunities for clergy, theological students, and religious volunteers where such programs provide a helpful service to the religious activities of the institution.

• They are not required to participate in firearm or physical training.

The religious programs shall include activities that will encourage inmate participation. The activities may include the following:

• Regular and special religious worship services.

• Special religious observances of the faith group.

• Religious education.

• National commemorative services.

• Interfaith services.

• Meditation services.

• Religious literature distribution.

• Outside religious group participation.

• Self study religious courses.

• Speech forums.

• Service projects.

• Religious interest groups.

• Religious societies and organizations.

• Participation in community betterment programs.

To implement the religious activities program, the Wardens may obtain the following qualified persons:

• Muslim, Jewish, Catholic, Protestant chaplains and a Native American Spiritual Leader on a full-time, part-time, or intermittent basis.

• Volunteer non-paid community clergy and/or religious or spiritual leader representatives.

• Inmates.

Chaplains and Native American Spiritual Leaders shall be responsible for:

• Organizing, scheduling, and conducting the worship services and religious programs appropriate to their faith.

• Approving the scheduling and conducting of worship services and religious programs by volunteer community clergy and volunteer religious representatives.

Reasonable time for religious services, in keeping with institution security and other normal and necessary operations and activities within the institution, shall be allowed.

Insofar as possible, other institutional activities shall not be planned which will conflict with or disrupt scheduled religious services.

Inmates may assist in conducting worship services and in the religious programs or as” Sweat Leaders.”

In the event an officially ordained chaplain of a particular faith cannot be obtained to conduct services within the institution for that faith, the Warden may at his/her discretion, and subject to such controls as are reasonably required for institution security, designate a qualified inmate to minister to the religious needs of that particular faith.

In determining the qualifications of an inmate to conduct such services, the Warden shall, wherever possible, seek the advice and counsel of outside religious leaders of that faith.

No inmate shall be assigned as a minister or as a religious counselor on a full-time basis in lieu of regular institution work and program assignment, nor shall any inmate who is approved to minister to the religious needs or interests of other inmates be considered as a state employee or be paid by the state for his or her services.

Inmate attendance in the religious program shall be voluntary. Institution heads shall make every reasonable effort to provide for the religious and spiritual welfare of all interested inmates, including, but not limited to, affording inmates a reasonable accommodation to attend a scheduled Religious Service if they are unable to do so due to conflicting work/education assignments. Reasonable accommodation may include, but is not limited to, modified work schedule, use of accrued time or allowable breaks, granting of a job/assignment change, changes of regular days off, etc. Use of regular accommodation shall in no way adversely impact an inmate’s credit earning status. The use of excused time off (ETOExcused Time Off) for routine religious services shall be limited to instances where it is not possible to change the conflicting work/education assignment.

For inmates with work assignments outside prison grounds, a reasonable accommodation to attend religious programs shall be limited to an assignment change. Certain assignments may only permit the granting of a job/assignment change as a means of providing reasonable accommodation. This would apply when permitting an inmate to leave the job site is not practical and is unduly burdensome to program operations. Examples include, but are not limited to the following assignments:

• Conservation Camps during the course of firefighting efforts.

• Community Work Crews.

• Other Off Reservation Work Details.

Religious services/programs may be conducted in special areas of the institution when an individual or a group of inmates cannot participate or attend the regular institution religious services/programs.

The staff chaplain and Native American Spiritual Leader shall be responsible for establishing religious services and instruction for individual inmates housed in a special housing unit. These services shall be coordinated through the unit captain and approved by the associate Warden.

Chapel facilities are designated for daily religious uses and programs. Use of the chapels for other than religious activities shall require the approval of the Warden.

Wherever feasible, multi-faith chapels or individual chapels for faith groups represented by a substantial number of inmates shall be provided at each facility.

Where only one chapel is available, a schedule for the use of the chapel shall be prepared by the staff chaplains and approved by the Warden or designee.

Where chapels are not available, the Warden shall designate a suitable area for the religious services and approve the scheduling of services in such temporary facilities.

The designated area in which the American Indian Sweat Lodge is situated is to be considered sacred. The sanctity must be observed and preserved, not only by inmates, but staff as well.

The designated pipe holder, volunteer spiritual persons or the leader of the religious group are responsible for organizing and conducting the sweat ceremonies.

A sacred pipe is used during sweat ceremonies and prayer offerings. It shall be retained by a designated pipe holder, who shall be responsible for the protection of the pipe and pipe bag.

All sacred items used in the sweat lodge ceremony may be acquired from the Native American community or from an approved vendor of Native American supplies. Only those items approved by the Warden or his/her designee shall be permitted.

The Sweat Lodge ceremonies consist of, but are not limited to, the use of the following sacred items.

• Sacred pipe and pipe bag.

• Kinnikinnick.

• Mixture of red willow bark, cedar, tobacco, bear berries, yellow willow bark, and herbs.

• Eagle feathers.

• Sage.

• Sweet grass.

• Buffalo or deer skull.

• Antler.

• Lava or river rocks.

• Water.

• Non-metallic dipper and non-metallic bucket.

Wine and religious artifacts approved by the Warden for sacramental and worship purposes may be brought into the institution.

Chaplains shall have prior written approval to purchase and bring into the institution the sacramental wine.

The approval, signed by the Warden or designee, shall accompany the wine through the normal security processing of each given facility.

The sacramental wine shall be maintained in a specified secured location inaccessible to inmates. The applicable chaplain shall remove the wine on the day of use and maintain control of the wine until the religious ceremony is concluded. The applicable chaplain will then return the unused portion and/or the empty container to the designated secured location.

Religious artifacts are those items which American Indians wear on religious/ceremonial occasions and include their tribal designations, personal and religious totems and items which have spiritual significance in their lives. The items may be distinguished by tribal colors and tribal totems.

• These items include, but are not limited to, the following:

  • Choker.

  • Eagle feathers.

  • Headband.

  • Wristband.

  • Medicine bag.

    • Medicine bags shall be small, constructed of soft leather or other natural material without lining, and shall not exceed 1 1/2 inches in diameter. They are usually worn around the neck or hung from the belt.

    • After inclusion of the individual’s medicine in the bag, it may be either sewn shut or closed with a drawstring in the presence of staff. The medicine bag must be closed in such a manner that will allow for subsequent inspection of its contents.

The religious artifacts are not to be confused with items worn strictly for ornamental reasons. The religious leader from the community, the group chairman and the pipe carrier shall submit, in writing to the Warden for approval, the religious artifacts worn by their group.

Wearing of the artifacts at times other than during religious occasions, sweat days, and special ceremonies requires approval of the Warden or his/her designee.

Searches shall be conducted with dignity and due respect to the sanctuary and sweat lodge. When practical, the chaplain or Native American Spiritual Leader will be present.

Staff chaplains shall arrange through their supervisor for certain criteria to be met by custodial staff when conducting searches of the chapel facilities or sweat lodge.

Handling of a medicine bag, sacred items, sacred pipe, and pipe bag by staff is limited to those occasions when there is reasonable cause to believe it may contain unauthorized or dangerous items or substances.

Medicine Bag Search

• Any routine search of the medicine bag shall be accomplished by having the owner turn the bag inside out in the presence of staff.

• Spiritual leaders, volunteers, and visitors entering an institution, are subject to searches of their personal medicine bag in the same manner as described above.

Sacred Pipe and Pipe Bag Search

• Handling of the sacred pipe and pipe bag will be limited to the designated pipe holder unless there is reason to believe they may contain unauthorized items or substances.

• When a pipe bag search is necessary, the designated pipe holder shall remove the contents of the bag and spread it out for staff to visually inspect.

See DOMDepartment Operations Manual 54080.10 for information.

The Deputy Director, Division of Community Partnerships, or designee shall ensure that the content of this Section is accurate and current.

CCRCalifornia Code of Regulations §§ 3210-3213.

Public Act 95-341, American Indian Religious Freedom Act.

ACAAmerican Correctional Association Standards 2-4466, 2-4463, and 2-4468.

DOMDepartment Operations Manual §§ 51070, 53010, and 54080.

PCPenal Code 2601 provides that all persons sentenced to the Department have the right to marry.

Unless legitimate penological interest would dictate otherwise, inmates shall be permitted to marry when they meet all legal and departmental requirements. This Article does not apply to registered domestic partnerships, which are legally distinct from marriages. The CDCRCalifornia Department of Corrections and Rehabilitation does not assist inmates to establish registered domestic partnerships because inmates, while they are incarcerated, cannot meet the common residency requirement of the California Domestic Partners Rights and Responsibilities Act.

The purpose of this procedure is to provide guidelines for the processing of inmate marriage requests and the solemnization of marriages.

“Marriage” is defined in California Family Code (FCFamily Code) 300, as follows: “Marriage is a personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by (other provisions of this code).”

The FCFamily Code sections relating to the issuance of marriage licenses and the solemnization and registration of marriages vary from county to county. In each county, the County Clerk is designated as a Commissioner of Civil Marriages and the County Recorder is the local registrar of marriages. These county officials may choose to deputize others to perform these functions. (Thus references in this Section to County Clerk, County Recorder, or Commissioner of Civil Marriages include any deputies they may have designated or appointed.) The institution head (or designee) shall be responsible for ensuring that the facility adheres to the county’s marital guidelines as set forth by the Office of the County Clerk and the County Recorder within their respective jurisdiction.

Before marrying, the FCFamily Code requires that a license be obtained from the County Clerk. Marriage licenses expire 90 days after issuance and must show the identity of the parties, their full names, places of residence, and ages. The County Clerk may issue a marriage license when all legal requirements have been met by the applicants, including payment of license fees. Marriage license applications require information regarding the parties State of birth, number of previous marriages and the manner and date of termination of the last marriage, usual occupation, years of education completed, and each party’s parents’ name and State of birth. This additional information is required by statute for the State’s Registrar of Vital Statistics, which registers marriages in this State.

Both parties must appear together before the County Clerk with appropriate identification, including proof of age. The County Clerk may examine the applicants for a marriage license under oath to ascertain whether they meet the legal requirements. The County Clerk may send a Deputy Commissioner to a CDCRCalifornia Department of Corrections and Rehabilitation facility, or deputize an employee of a CDCRCalifornia Department of Corrections and Rehabilitation facility as a Deputy Commissioner to collect this information from an inmate, and ascertain if the inmate meets the legal requirements to obtain a marriage license.

The FCFamily Code prohibits granting of a marriage license if either applicant lacks the capacity to enter a valid marriage or is, at the time of making application for the license, under the influence of an intoxicating liquor or narcotic drug. A person lacks the capacity to marry if:

He/she is under age 18, unless that applicant has both the consent of his/her parent(s) and a court order granting him/her permission to marry.

He/she is already married to the other applicant. (A marriage license may not be issued to applicants who are already validly married either in California or in another State.) He/she is already married to another person and no final dissolution has been entered. Such a marriage would be considered to be bigamous.

• Note: The PCPenal Code sets forth criminal penalties for persons who solemnize incestuous or other marriages forbidden by law.

Requirements for Confidential Marriages

• The requirements for a confidential marriage are set forth in FCFamily Code 500, which reads:

  • “When an unmarried man and an unmarried woman, not minors, have been living together as husband and wife, they may be married by a person authorized to solemnize a marriage…”

Procedures for Obtaining Confidential Marriage Licenses

• The procedures for obtaining marriage licenses for confidential marriages are somewhat different. If either or both of the parties to be married is physically unable to appear in person before the County Clerk, the FCFamily Code requires the County Clerk to issue a confidential marriage license to the person solemnizing the marriage upon that person’s presenting an affidavit to the County Clerk, signed by the person and the parties to be married, explaining the reason for the inability to appear. The FCFamily Code also requires County Clerks to issue confidential marriage licenses to approved notaries public who pay the license fees and who are reimbursed by the applicants for these fees.

Note: The County Clerk has the authority to approve, for a limited term, a notary public to authorize confidential marriages. This person may be an employee of the CDCRCalifornia Department of Corrections and Rehabilitation facility. The notary public is required to attend a specified course of instruction, and pay a fee. This approval is subject to suspension in specified situations. (Refer to FCFamily Code 530 through 536 for other applicable provisions.)

• Since confidential marriages are permissible only when the applicants have been living together as husband and wife, the applicants must understand they are stating under penalty of perjury that they have been living together as husband and wife.

As with other marriage licenses, a confidential marriage license issued by the County Clerk is valid only for a period of 90 days after its issuance, but unlike other licenses, a confidential marriage license may only be used in the county in which it was issued.

The form for the confidential marriage license is different from a conventional marriage license and includes a certificate of marriage that is used in solemnizing the marriage.

There is a statutory fee for filing of confidential marriage certificates that must be paid when the license is issued.

Marriages, whether conventional or confidential, may be solemnized at a CDCRCalifornia Department of Corrections and Rehabilitation facility by any of the following:

• A priest, minister, or rabbi of any religious denomination. This may include a facility chaplain, or a person not employed by CDCRCalifornia Department of Corrections and Rehabilitation who is chosen by the parties and who is able to obtain gate clearance.

• Staff may contact the inmate’s religious denomination to determine whether the non- CDCRCalifornia Department of Corrections and Rehabilitation clergy is ordained to solemnize marriages. The denomination’s decision shall be accepted. During contact with representatives of the inmate’s religious denomination, staff shall be cautious to avoid making any statements or implications regarding the inmate’s religious or secular qualification or responsibilities.

• A current or former State or federal justice, judge, or magistrate.

• A current or retired Commissioner of Civil Marriages.

• County Clerk or deputized designee.

• An official of a nonprofit religious institution, whose articles of incorporation are registered with the Secretary of State, and who has been licensed by the county to solemnize the marriages of persons affiliated with, or members of that religious institution. The official must possess the Degree of Doctor of Philosophy and must perform religious services or rites for that religious institution on a regular basis. These marriages shall be performed without fee to the parties.

• The FCFamily Code provides that the requirements for solemnization do not apply to members of religious societies or denominations that do not have clergy to solemnize marriages. However, the FCFamily Code requires that members of such groups make, sign, and attach to the marriage license, a statement showing:

• The religious society or denomination of the parties and that the marriage was entered into in accordance with the rules and customs of that society or denomination.

• The fact, time, and place of entering into the marriage.

• The signatures and residential addresses of two witnesses to the ceremony.

Presentation of License

• Statutes mandate that the person solemnizing the marriage require the presentation of the marriage license before solemnizing the marriage. Not to do so subjects that person to criminal penalties. The license is part of the certificate of registry given to marriage license applicants by the County Clerk.

Form of Ceremony

• The FCFamily Code does not require any particular form for the marriage ceremony, although it does require that the parties declare, in the presence of the person solemnizing the marriage and witnesses, that they take each other as husband and wife.

Witnesses

• The FCFamily Code requires, for conventional but not for confidential marriages, at least one witness other than the person solemnizing the marriage. There are no specific qualifications for witnesses. Those religious groups who do not have clergy to solemnize marriages (see above) must have two witnesses.

When a couple obtains a marriage license, they also receive a certificate of registry of marriage. The purpose of registering a marriage is to provide a permanent record of the marriage for the State Registrar of Vital Statistics. This certificate must be presented to the person solemnizing the marriage along with the license. That person completes the certificate, signs it, and has at least one witness (for conventional marriages) sign it and record his or her address.

For confidential marriages, the confidential marriage license (including certificate) obtained from the county clerk is filled out by the parties to the marriage and authenticated by the person solemnizing the marriage. The form is printed in duplicate and a copy is required to be given to the parties at the time of the ceremony. The person solemnizing the marriage is also required to give the parties an application to obtain a certified copy of the certificate, which shall be filled out and returned to the county clerk by the person solemnizing the marriage.

The person who solemnized the marriage is required by statute to return the marriage license and the completed certificate of registry to the county recorder in the county in which the license was issued within 30 days after the ceremony. The statutory fee for filing confidential marriage certificates should have been paid at the time the license was issued by the county clerk. Failure to file the license and certificate within this time frame may subject that person to criminal penalties. The original certificate is forwarded to the State Registrar of Vital Statistics.

If a copy of the marriage certificate is requested by the couple, the person solemnizing the marriage shall issue a ceremonial marriage certificate showing the fact, date, place of the marriage, names and residences of witnesses, and the name and official position of the person solemnizing the marriage. Such certificate has no official significance, but serves primarily as a memento.

The inmate’s caseworker or a staff member designated by the facility head shall process the marriage request.

Processing the marriage request shall include:

Checking all available data on the inmate’s current marital status.

Notifying the inmate of the legal requirements and assistance available in gathering documents and developing marriage plans. When necessary, this shall include verifying the recognized standing of a requested clergy.

Obtaining approval from the facility administrator for:

• The date and location of wedding.

• The allowance of up to two inmates and ten non-inmates, not including the officiant, bride and groom. Inmate guests may attend only if their Inmate Work Incentive Program is not interrupted.

Furnishing necessary information to the County Clerk or clergy. At the request of the County Clerk, the staff member facilitating the marriage may arrange for an evaluation by a CDCRCalifornia Department of Corrections and Rehabilitation psychiatrist to determine the inmate’s mental competency.

Coordinating staff efforts necessary to perform the marriage when the wedding plan is approved by the institution head or designee for:

• Gate clearance of outside guests.

• Gate clearance of outside clergy.

• Arrangements for wedding photographs.

Facility chaplains may officiate the marriage. However, the facility chaplain, by virtue of their religious affiliation, shall establish the criteria which shall be met by the applicants if the facility chaplain is to officiate. Facility chaplains shall provide the criteria to their supervisors.

The Director, Division of Adult Institutions, shall ensure that the content of this Section is accurate and current.

PCPenal Code §§ 359, 360, and 2601.

CCRCalifornia Code of Regulations (15) § 3216.

ECEvidence Code § 663.

FCFamily Code §§ 301 et seq., 400, 402, and 500.

H&SCHealth and Safety Code §§ 102100 et seq., 102285, and 103125 et. seq.

GCGovernment Code § 26840 et seq.

A Warden or RPARegional Parole Administrator may grant authorization for inmate participation in campaigns for recognized charitable causes, (e.g., United Fund, Heart Fund, Cancer Fund, common local charities, etc.). Inmates may be authorized annual participation in a maximum of three campaigns for recognized charitable causes per inmate activity group.

This procedure implements policy for inmate donations and fund raising campaigns in accordance with the CCRCalifornia Code of Regulations and the designation of authority and responsibilities in conducting such fund drives.

Wardens shall designate an Associate Warden or community resources manager to review and recommend action on all requests for withdrawal and transmittal of inmate funds for charitable causes.

The Associate Warden, CRMCommunity Resource Manager, or designee should be sufficiently aware of illicit activities, within the facility, to detect trust withdrawal and transmittal of inmate(s) funds to support such activities. On the Associate Warden’s or community resources manager’s recommendation and approval of the Warden, the inmate trust office personnel shall process the transmittal of funds for charitable contributions.

An inmate may at any time request the Warden’s permission to make a voluntary donation to a charitable cause. Approval shall be subject to the following conditions:

• There is no evidence of coercion.

• The amount is not disproportionate to the inmate’s trust account balance.

• The inmate is not incompetent.

• The amount is $1.00 or more.

• The cause in no way advocates any actions that could jeopardize the safety and security of the facility.

Inmate charitable group fund drives may be conducted through solicitation of inmate population or the sale of products, commodities, or services to the general population, as specifically approved by the facility head.

A ten- percent deduction shall be made from funds derived from the general population for deposit in the IWFInmate Welfare Fund to offset the cost of necessary trust office transactions. Wardens or RPAs may exempt any fund fee for the IWFInmate Welfare Fund when all proceeds of the group’s fund drive are to be dispersed to an approved charity. Monies collected from sales of products, commodities, or services shall be subject to the deduction on gross sales.

Applications for participation in a charitable fund drive shall be submitted in writing to the designated Associate Warden or community resources manager by the staff sponsor of the inmate group. Applications shall be submitted two months in advance of the proposed fund drive. Also:

• Fund drives conducted by activity groups shall not compete with approved or recognized inmate charitable fund raising drives.

Trust transactions may be approved in writing by the following personnel:

• $25.00 or less by the group’s principal staff sponsor.

• $25.00 to $300.00 by the designated Associate Warden or community resources manager.

• Above $300.00 by the Warden or RPARegional Parole Administrator.

Charitable fund raising activities which involve the sale of a product or commodity shall be thoroughly screened prior to approval to prevent the introduction of contraband into the facility.

• The activity group’s staff sponsor shall provide and arrange for supervision regarding all phases of the charitable fund raising activity and collecting of cash funds.

• Sales made to employees shall be paid in cash, either to the staff sponsor or the accounting office. Food sales shall be limited to $50.00 per employee.

Charitable donations shall require not less than two-thirds approval of the active membership of the inmate activity group and approval shall be determined by secret ballot vote under the supervision of the staff sponsor. A group representative shall be selected by the membership to assist the staff sponsor in tabulating and verifying the membership votes.

Inmate solicitation for contribution to an approved charitable fund raising campaign shall be confined to the inmate population.

Inmates are not obligated and shall not be coerced to participate in any charitable fund raising campaign or to make any donations, other than on a voluntary basis.

All activity relating to a charitable fund raising campaign shall be conducted during the inmates’ off-duty time and the staff sponsor’s off-duty time.

The Director, Division of Adult Institutions, or designee shall ensure that the contents of this article are kept current and accurate.

PCPenal Code §§ 2079, 5054, and 5058.

CCRCalifornia Code of Regulations (15) (3) §§ 3020, 3240, and 3241.

ACAAmerican Correctional Association Standards 2-4028, 2-4048, 2-4053, and2-4459.

The Department’s public safety mission is furthered by rehabilitating the inmate population while preparing them to successfully re-enter society. The Department shall maximize the interaction of varied cultural and socioeconomic members of the community through their use as volunteers. Volunteer programs provide education, life-skills, self-help, anger management, parenting, recreation, and release preparation programs to inmates in a constructive and facilitated manner. Staff shall maintain positive relationships with volunteers to meet the inmate rehabilitative mission of the Department.

This Article establishes objectives, standards, and operational procedures for the participation of program supervisors, Self-Help Sponsors, contractors, volunteers, volunteer mentors, and other departmentally approved outside guests.

The following terms are included throughout this article and are defined as they relate to the volunteer policy: 

• California Law Enforcement Telecommunications System
  

  • California Law Enforcement Telecommunications System means a statewide telecommunications system that reports arrest, conviction, release, and the collection of court ordered biometrics information, in a database used by law enforcement agencies, and is maintained by the California Department of Justice.

• Community Resources Manager

  • The Community Resources Manager is responsible for planning, organizing and directing the Community Partnership program between the correctional institution, local community and special interest groups.

• COMPSTAT

  • COMPSTAT is a Department-wide collaborative database for collecting, analyzing, and reporting strategic and operational performance data.

• Department

  • Department means the California Department of Corrections and Rehabilitation.

• Facility

  • Facility means any institution, community-access facility or community correctional facility, or any camp or other sub-facility of an institution under the jurisdiction of the Department.

• Family Reunification

  • Family-centered services for incarcerated parents, their children, and families which focus on parenting programs, family strengthening activities, nurturing of family relationships, and community support for families during incarceration and post release. 

• Formerly Incarcerated

  • Formerly incarcerated means a person who has had criminal justice contact to include a prior conviction, has received a sentence of imprisonment, and was released on parole or discharged from their sentence.

• Hiring Authority

  • Hiring Authority means the official with overall responsibility for a departmental division, region, or facility housing inmates.  The term Hiring Authority includes division heads, Wardens, Community Correctional Facility heads and Regional Parole Administrators. 

• Live Scan

  • Live Scan means both the technique and the technology used by law enforcement agencies and private facilities to capture fingerprints and palm prints electronically.  Live Scan is used for criminal booking, sexual offender registration, civil applicant and background security clearance. 

• Over-familiarity

  • Over-familiarity occurs when a contractor, volunteer, or outside guest engages in a personal relationship with an inmate outside of what is required to carry out their professional duties and services

  • Over-familiar acts may occur in a correctional facility or via inappropriate correspondence or telephone call between an inmate, contractor, volunteer, or outside guest.

  • Examples include but are not limited to the following:

    • Engaging in sexual conduct or romantic involvement,

    • Trading, bartering, lending or otherwise engaging in personal transactions,

    • Providing or receiving personal favors,

    • Giving or receiving tips or gifts,

    • Inconsistently enforcing facility rules to favor an inmate or group of inmates or,

    • Discussing facility operations or other confidential information with an inmate, which may jeopardize the safety and security of the facility.

• Program Supervisor

  • A program supervisor means a full-time permanent state employee who is tasked with facilitating or providing oversight of approved rehabilitative inmate programs as part of the employee’s regular assignment. 

• Self-Help Sponsor

  • A Self-Help Sponsor is a full-time permanent state employee who has been voluntarily appointed into a secondary position separate and apart from those responsibilities required in their full-time position. Self-Help Sponsors assist the Department’s rehabilitative mission by providing supervision of volunteers and other approved inmate programs. 

• Volunteers

  • Volunteers are individuals who provide a service or program to the Department without expectation of remuneration.  Under general authority of the Division of Adult Institutions, the Community Partnerships Unit works with professional program organizations to provide program opportunities to incarcerated individuals.  The program topics may include, but shall not be limited to, education, information technology, religion, health and wellness, or post release services.

    • Outside guests means those who have been approved by the Department to perform a service on a temporary or infrequent basis, such as guest speakers associated with community based organizations, and those who volunteer their talents for entertainment purposes or to participate in an athletic event. Outside guests also include those who have been approved to observe or monitor such events.

    • Provisional volunteers means those who provide their services under escort as determined by the Community Resources Manager, and whose performance and programs are subject to review of performance evaluation requirements. Volunteers may have provisional status at one institution and regular status at another per each Warden’s discretion.

    • Regular volunteers means those who provide services on an ongoing basis and have completed a minimum of six months of evaluation as provisional volunteers at an institution.  Services provided by regular volunteers are generally performed under indirect supervision and are subject to performance requirements and evaluations. Regular volunteers may be allowed unescorted access to their programming area with the use of volunteer identification cards in accordance with Department Operations Manual, Chapter 3, Article 7.  A volunteer seeking regular volunteer status who provides services at multiple institutions shall complete a six month evaluation period at each institution, unless otherwise approved by the Warden at the specific institution.

• Volunteer Mentors

  • Volunteer mentors are approved regular volunteers that have been approved by the Warden to provide ongoing rehabilitative guidance and support to one or more inmates by assisting their successful re-entry into the community through personal communication. 

The objectives of the volunteer program are to:

• Increase inmate programming opportunities.

• Actively encourage inmate interest and participation in available programs.

• Contribute toward the public’s accurate knowledge of the Department’s operations.

• Provide a needed interchange between the community and the Department.

• Ensure the public is informed about the Department’s rehabilitation efforts through volunteers.

• Create a more positive work environment for staff.

• Foster reconciliation with family.

• Create a more positive environment for inmates and an attitude of hope.

• Provide direct interaction, a model for success, and to prepare inmates for their rehabilitation and successful return to society.

• Reduce recidivism.

• Identify potential resources for inmates.

Hiring Authority

• The Director, Division of Adult Institutions, and Wardens are responsible for the administration of volunteer programs consistent with this Article.  The Hiring Authority or designee:

  • Provides appropriate and sufficient numbers of employees for the effective development, coordination, and supervision of volunteer activities and programs.

  • Directly solicits citizen volunteers and community programs to meet needs of the location coordinating such activity with the Community Resources Manager or their designee.

  • Participates in screening, interviews, orientation, evaluation, and approval of volunteers when requested.

  • Delegates overall responsibility for the volunteer program as follows:

    • Institutions: to the Community Resources Manager or other designated manager.

    • Headquarters: to the Deputy Director, Division of Adult Institutions, the Chief, Office of Policy Standardization, or their designee.

Community Resources Manager

• Develops policy governing job descriptions, recruitment, screening, training responsibility, and the use and supervision of volunteers in conjunction with division heads, In-Service Training, managers, and sponsors, including regular volunteers acting as escorts for provisional volunteers or outside guests.

• Encourages volunteers to participate in In-Service Training programs and staff meetings.

• Monitors the volunteer programs on a regular basis to ensure:

  • Volunteer efforts complement the institution need, inmate activities, and activities of staff.

  • Selected volunteers are physically, mentally, and emotionally able to provide the desired service.

• Identifies the Self-Help Sponsor or designee to implement a community program.

• Upon approval of the position and selection of a potential volunteer, escorts the individual to the local human resources office for completion of required documents and initiation of the screening process.

• Ensures all volunteers receive an orientation to the Department if new to state volunteer service or to the assigned location.

• Coordinates the screening and clearance of prospective volunteers.

• Ensures volunteers have approved volunteer identification cards and gate clearances, renews these items when necessary, and retains them upon expiration.

• Provides volunteers with an institutional volunteer identification card upon approval and ensure the volunteer identification card is secured at the institution’s main entrance when the volunteer is not on grounds.

• Reviews and approves the use of volunteers or outside resources in any local program when consistent with the goals and objectives of the Department.

• Supervises the recruitment of volunteers.

• Develops volunteer and community programs in accordance with identified and prioritized needs of the institution.

• Provides volunteers with the approved training schedule and training materials as noted in Department Operations Manual Sections 101090.7 and 101090.7.1 at the onset of service and annually thereafter.

• Ensures the institution ingress and egress locations are provided a current roster of volunteers scheduled to enter the institution.

• Records all tracking information regarding volunteers and volunteer mentors in the volunteer tracking system.

• Ensures Captains and other parties identified by the Hiring Authority are provided with an updated list of all active volunteer mentors who may to communicate with inmate mentees via the Inmate Telephone System and via written correspondence.

• Ensures the appropriate Captain or Watch Commander has access to emergency, gate clearance, and scheduling information via the volunteer tracking system or printed report.

• Maintains procedures and measures to facilitate the safety and security of volunteers.

• Verifies certificates or licenses if professional services are offered.

• Requests by memorandum the issuance of Department volunteer identification cards.

• Maintains and ensures all volunteer information is recorded in the volunteer tracking system, and ensures a volunteer file is maintained to include:

  • Job description.

  • Personal identification and contact information.

  • Scheduled work hours.

  • Telephone number.

  • Designated assigned area.

  • Program description.

  • Emergency contact information.

  • Clearance and approval information.

• Oversees the completion of new volunteer orientation and required annual training.

• Ensures tuberculosis clearance screening is completed for all regular and provisionary volunteers at the onset of State service, and annually thereafter following the guidelines for employees in California Penal Code Section 6007(j).

• Provides additional prescribed information as determined by the Warden or designee.

• Identifies the community program volunteer coordinator who will work with the Community Resources Manager and staff supervisor or sponsor to implement the institution community program.

• Monitors annual evaluation of volunteers.

• Ensures incoming inmates are informed of and encouraged to participate in inmate activity groups and self-help program activities during their initial orientation.

• Posts information regarding volunteer and community programs in conspicuous and accessible areas.  This information shall include a current schedule of volunteer services, where available, and a contact person.  This information shall be updated when changes occur.

• Submits a monthly report regarding volunteers via COMPSTAT to the Community Partnerships Unit, as directed by the Office of Policy Standardization.  The report shall include:

  • Number of volunteers per program.

  • Number of inmates participating.

  • Number of hours of volunteer activity.

  • Summary of continuous, new, and discontinued programs and special events.

• Reviews of administrative policies and procedures.

• Coordinates and issues all terminations or separations of volunteers according to Department Operations Manual Sections 101090.9 and 101090.10, and notifies the Community Partnerships Unit in writing within 24 hours of the decision to deny access or termination of a volunteer’s services.

• Notifies volunteers in writing within 72 hours of the decision to deny access or termination of their volunteer services.  If a volunteer is dissatisfied with the decision, the volunteer may appeal the decision in writing to the Hiring Authority, the Director, Division of Adult Institutions, or the Secretary of the Department, in that order. Additionally, Community Resources Managers shall inform the volunteers of their right to appeal per DOMDepartment Operations Manual Sections 101090.9 and 101090.10.

• Submits a CDCRCalifornia Department of Corrections and Rehabilitation Form 1797, No Longer Interested Notification to the Office of Peace Officer Selection Live Scan Unit when a volunteer separates from the Department, regardless of the circumstances.

• Collects volunteer identification cards when the volunteer service agreement has expired or upon termination of volunteer’s services.

Community Partnerships Unit, Office of Policy Standardization

• Identifies program areas where volunteers and community resources are needed on a statewide level.

• Submits applications for statewide volunteer clearance to the Director, Division of Adult Institutions or designee for approval.

• Maintains statewide volunteer information in the volunteer tracking system.

• Acts as system administrator for the volunteer tracking system.

• Pre-approves, volunteer duty statements or community program agreements operating within the headquarters program area.

Office of Human Resources

• Schedules fingerprint roll appointment for the volunteer.

• Completes the CDCRCalifornia Department of Corrections and Rehabilitation Form 3056, Request for Live Scan Service.

• Submits fingerprints electronically to the Department of Justice.

• When a response is received, completes a CDCRCalifornia Department of Corrections and Rehabilitation Form 2164, Live Scan Response and places it in the volunteer file.

• Arranges for volunteer photograph for volunteer identification card.

• Maintains personnel files for volunteers who receive volunteer identification cards.

• Ensures Hiring Authority approval is secured prior to issuance of volunteer identification cards.

Local Training Officer

• Provides access to approved volunteer orientation at the onset of service at the institution, and at minimum, the required annual training for regular and provisional volunteers as identified in Department Operations Manual Sections 101090.7 and 101090.7.1.

• Outside guests may be oriented by their supervisor or Self-Help Sponsor with the approval of the Hiring Authority or designee.

Program Supervisor and Self-Help Sponsor

• Program supervisors and Self-Help Sponsors are full-time state employees who provide primary oversight for approved inmate programs. Approved volunteers may act asco-sponsors under the supervision of full-time state employees.  Retired department staff may be used if they retired under medical or longevity conditions. Other department retirees shall be reviewed and approved by the Hiring Authority prior to acceptance.

• Under the direction of the Hiring Authority or Community Resources Manager, the supervisor or Self-Help Sponsor:

  • Provides specific program service and information to the volunteer.

  • Takes action, as necessary, to ensure that volunteers understand their duties and responsibilities.

  • Coordinates or conducts any necessary on-the-job training to ensure the volunteer is familiar with the California Code of Regulations, Title 15, and the Department Operations Manual, and is able to fulfill the requirements of the position.

  • Notifies the volunteer of any changes in rules or procedures or in their duties or responsibilities.

  • Reviews with the volunteer the CDCRCalifornia Department of Corrections and Rehabilitation Form 181, Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates, ensuring understanding of the material and answering any questions.

  • Supervises all volunteers in the supervisor’s program area on a daily basis.

  • Maintains reports on the number of hours and days worked by volunteers each month and submits to the Community Resources Manager.

  • Records the number of inmates participating in each volunteer activity involving direct service to inmates.

Volunteers

• Perform the agreed upon service(s) adequately, carefully, and diligently without the expectation of pay or allowances.

• Ask supervisors to explain duties.

• Seek clarification if duties are unclear.

• Agree in writing to abide by Department rules and regulations, including those pertaining to employee conduct (California Code of Regulations, Title 15 sections 3391-3416 et al.).

• Are subject to an annual evaluation.

• Complete satisfactorily:

  • Screening requirements.

  • Required forms in accordance with this Article.

  • Orientation and annual training, as required.

  • Provide verification of possession of credentials or licenses if a professional service is offered.

  • Shall be photographed when receiving a volunteer identification card.

• Immediately report to a state employee supervisor any information which may affect the safety and welfare of volunteers, employees, inmates, the program, or the community.

• Report to the Community Resources Manager or designee to coordinate any media contact or communications regarding institutional programming.

Volunteer Mentors

• Volunteer mentors provide inmates with an enhanced support system outside of their participation in rehabilitative programs. A volunteer mentor may maintain contact with an inmate throughout their incarceration as coordinated through the Community Resources Manager.

• Contact shall be limited to what is necessary to assist in the inmate’s rehabilitation and successful reentry into the community.  Examples of appropriate contact include but are not limited to the following:

  • Providing ongoing rehabilitative counseling.

  • Educating the mentee regarding accessible in-custody and post-release resources.

  • Coordinating program services when contact between the inmate, the inmate’s family, or associates of the inmate is required.

• A volunteer mentor may be authorized by the Hiring Authority to communicate with an inmate via the Inmate Telephone System and via written correspondence. Written communication shall be in accordance with the Department Operations Manual, Chapter 5, Article 41 – Inmate Mail.

• To obtain approval, a volunteer mentor shall submit a CDCRCalifornia Department of Corrections and Rehabilitation Form 2037, Request for Volunteer Contact with Inmate, to the Community Resources Manager for review and approval by the Hiring Authority.  The Hiring Authority’s final decision shall be maintained in the Volunteer’s file and a copy shall be provided to the volunteer mentor applicant.

• Parolee and probationer volunteers shall obtain correspondence approval in accordance with California Code of Regulations, Title 15, Section 3139, Correspondence Between Inmates, Parolees, and Probationers prior to submitting a request to provide volunteer mentor services.

• If the inmate is transferred to a different facility, a new CDCRCalifornia Department of Corrections and Rehabilitation Form 2037 shall be completed.

• If a volunteer mentor provides services to inmates at five (5) or more institutions, a CDCRCalifornia Department of Corrections and Rehabilitation Form 2037 shall be submitted to the Director, Division of Adult Institutions for review and approval.

• A volunteer mentor shall submit an updated CDCRCalifornia Department of Corrections and Rehabilitation Form 2037 when the volunteer mentor’s contact information changes.

• Approved volunteer mentors may terminate mentorship to an inmate at their discretion.  Under these circumstances, a volunteer mentor shall submit a CDCRCalifornia Department of Corrections and Rehabilitation Form 2037 to the Community Resources Manager as official notification of their request to terminate services.

Approval for a volunteer position or a new community program shall be based on the following factors:

• Need for services offered.

• Qualifications of individuals offering service.

• Criminal history background clearance of participating individuals.

• Department of Justice and Federal Bureau of Investigations clearance.

• Time and frequency of service(s) offered.

• Space availability, and employees needed for proper supervision.

New volunteer positions or programs require the review and approval of the Hiring Authority before implementation.

Citizens may request a Volunteer Application Packet from the Hiring Authority and shall return the completed packet to the Hiring Authority for processing.

The same general practices, methods, and procedures used to select state employees shall be used in screening volunteers.  The processing and screening of volunteer applications shall be completed within 30 business days of receipt of the volunteer application packets. 

• Basic educational background and work experience information shall be obtained.

• An interview shall be conducted.

• Credentials and certificate status of volunteers performing professional services shall be verified.  Tutoring or sponsorship of a craft or hobby program is not considered a professional service.

Inmate relatives, associates, and approved inmate visitors shall not be authorized to volunteer at the same institution in which the inmate is housed, but may serve as a volunteer or volunteer mentor at another institution.

Volunteers shall be eligible to apply for visiting privileges at other institutions in which they do not provide volunteer services.

Wardens may approve a volunteer or volunteer mentor to meet with an inmate during regular visiting hours for the purpose of facilitating specific program services or providing ongoing mentorship.

The Department recognizes there are situations where personal contact between a volunteer and an inmate, or the relatives and associates of an inmate may be appropriate:

• Departmentally approved programs that require personal contact to carry out the functions and mission of the program.

• Departmentally approved volunteer mentors who have been authorized to personally communicate with an inmate as part of the mentorship program.

A file similar to the state employee official personnel file shall be maintained on each volunteer in the Human Resources Office, the Community Resources Manager’s Office, or designee office and stored in a locked cabinet. Volunteer records shall be recorded in the volunteer tracking system, which may be made available to the Watch Office.  

The volunteer application packet shall include:  

• CDCRCalifornia Department of Corrections and Rehabilitation Form 181, Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates. 

• CDCRCalifornia Department of Corrections and Rehabilitation Form 894, Emergency Notification Information, which shall be updated annually.  

• CDCRCalifornia Department of Corrections and Rehabilitation Form 966, Volunteer Application and Service Agreement, with the signed statement acknowledging receipt of a copy of Title 15 of the California Code of Regulations and Information Practices Act.  

• CDCRCalifornia Department of Corrections and Rehabilitation Form 859, Notice of Right to Request Reasonable Accommodation.  

• CDCRCalifornia Department of Corrections and Rehabilitation Form 7336, Employee Tuberculin Skin Test and Evaluation, and CDCRCalifornia Department of Corrections and Rehabilitation Form 7354, TBTuberculosis Infectious Free Staff Certification, which shall be updated annually.

The volunteer file shall include signed copies of the above mentioned forms as well as:  

• CDCRCalifornia Department of Corrections and Rehabilitation Form 1049, Certification of Volunteer Participation.  

• CDCRCalifornia Department of Corrections and Rehabilitation Form 8019, Nepotism and Fraternization Policy 

• All documentation of completed orientation and annual training.  

• CDCRCalifornia Department of Corrections and Rehabilitation Form 2301, PREA Policy Information for Volunteers and Contractors. 

• CDCRCalifornia Department of Corrections and Rehabilitation Form 1887, Parent Consent for Participation, if the volunteer is under the age of 18. 

Renewal of Applications

• Volunteers shall be required to annually submit a CDCRCalifornia Department of Corrections and Rehabilitation Form 7336, Employee Tuberculin Skin Test (TST) and Evaluation, CDCRCalifornia Department of Corrections and Rehabilitation Form 7354, TBTuberculosis Infectious Free Staff Certification; and documentation of completed annual training. All other forms in the volunteer application packet shall be updated as necessary.

Retention of Records

• A separate record of each volunteer’s name, address of record, and telephone number shall be kept in one of the following:

  • Index card file.

  • Register page (volunteer tracking system printout is acceptable).

• Unless litigation is pending, these records shall be destroyed in accordance with the Department’s record retention schedule as follows:

  • Index Cards

    • Six months after the last date on which a service was provided by the volunteer.

  • Register Pages

    • Six months after the last date on which a service was provided by any volunteer whose name appears on the page.

Prior to service, every volunteer shall satisfactorily complete the following security clearance procedures:

• For outside guests issued gate clearances only:

  • Criminal Identification and Information clearances by California Law Enforcement Telecommunication System may be performed to provide immediate access.

  • Security clearances shall be renewed and updated annually.

• For provisional or regular volunteers:

  • Fingerprints shall be taken and processed through the California Department of Justice via Live Scan for a security clearance.

  • Confirmation the volunteer is not a relative, associate, or approved visitor of any inmates in the institution (as reported by the volunteer on CDCRCalifornia Department of Corrections and Rehabilitation Form 966, Volunteer Application and Service Agreement).

  • Volunteer identification cards shall be renewed every 60 months.  Other required departmental forms and training, as noted above in Department Operations Manual Section 101090.6.2, shall be provided and submitted annually.

Formerly Incarcerated Persons, Parolees, and Probationers

• Wardens may approve formerly incarcerated persons, parolees, and those on probation to serve as volunteers. Programs may often be enriched by the contributions of these individuals who share their experiences and personal progress.

• In addition to the guidelines for training and background investigations, the following information shall be reviewed on a case-by-case basis by the Hiring Authority before a formerly incarcerated person may serve as a volunteer:

  • Written approval of the Warden or designee prior to admittance for participation in activities or programs.

  • If the volunteer is on parole, the written approval of the Regional Parole Administrator or designee is required prior to Warden or designee approval.

  • If the volunteer is on supervised probation, the written approval of the Chief Probation Officer or designee is required.

  • If the volunteer is on informal probation, the written approval of the court or representative of the court is required.

  • The volunteer shall be verified to have at least six months free of any illegal activity post-release.  The volunteer may be approved if the individual is verified to have at least 90 days free of any illegal activity post-release with written justification and approval of the Associate Director.

  • Documentation which verifies at least one of the following:

    • Current employment

    • Participation in the community

    • Academic status

    • Volunteer status at another departmental institution.

    • If discharged, evidence of discharge from parole.

  • If the Warden denies a volunteer application of a formerly incarcerated person who is actively approved to serve as a volunteer at another departmental institution, the application packet shall be forwarded to the Director, Division of Adult Institutions for additional review along with documentation supporting the justification for denial.

  • The volunteer shall have no family or person within the institution with whom the volunteer has had either a personal or business relationship.

  • Formerly incarcerated persons, parolees, and those on probation shall disclose to the Warden, in writing, if they become aware that a relative or person with whom they have, or have had, a personal or business relationship, has been transferred or committed to the institution where they volunteer. This written disclosure shall be provided to the Warden prior to the volunteer returning to the institution.

  • The Warden shall be given at least 30 days to investigate the nature of the relationship of the volunteer with the inmate in order to determine if the volunteer should be allowed to continue services at the institution or if restrictions should be placed on the volunteer’s access to inmates.

  • If approved to serve as a volunteer, formerly incarcerated persons may be granted a volunteer identification card at the discretion of the Warden or Director, Division of Adult Institutions.

Gate Clearances

• For individuals or groups providing provisional volunteer or intermittent services, such as outside sports teams, visiting religious groups, and entertainment groups, single use gate clearances shall be forwarded to the Hiring Authority or designee for consideration.  (See DOMDepartment Operations Manual Section 31070, Personnel Identification Cards.) 

• Regular volunteers not issued a volunteer identification card, provisional volunteers, and outside guests shall be escorted at all times and shall remain in the designated areas. The entrance gate officer shall be provided with a written gate clearance for regular volunteers not issued a volunteer identification card, provisional volunteers, and outside guests. The gate clearance shall specify the following:

  • Services the volunteer will provide or the specific event for the guest attendance.

  • Access areas.

  • Any approved materials or supplies as authorized by the Hiring Authority or designee.

  • For provisional volunteers or outside guests:

    • Specify the assigned work location.

    • Days and hours of assignment.

    • Authorization, if any, to access institution keys.

Volunteer Identification Cards

• Regular volunteers issued a volunteer identification card shall be processed into the institution in accordance with current policy.  Local volunteer identification cards are stored at the designated entrance of each institution and may not be removed from the premises.  The volunteer shall exchange a state or federal form of identification for the local volunteer identification card upon entry and shall return the volunteer identification card upon exiting the institution.

• If a statewide volunteer identification card is issued to the volunteer, the statewide volunteer identification card shall be retained by the volunteer, and it shall be provided along with a state or federal form of identification to the officer upon entering or exiting the institution.

• Regular volunteers who request to provide programming or services to multiple institutions are required to apply at each individual institution, and may be required to serve for an evaluation period prior to obtaining an institutional volunteer identification card.  Evaluation periods shall not exceed six months of service.

• Volunteers issued a volunteer identification card at an institution shall be allowed limited unescorted access to the program or service location or as directed by the Hiring Authority.  Exceptions to obtaining a volunteer identification card shall result in a provisional status, as defined in Department Operations Manual Section 101090.3.  Exceptions include, but are not limited to:

  • The Hiring Authority has determined, through the screening process, the volunteer shall be escorted to programs or services.

  • The program or service does not meet at least once a month.

  • The volunteer has requested to have an escort for the program or service.

• Regular volunteers who are involved in programs or functions at five or more institutions may request a statewide volunteer identification card with approval of the Director, Division of Adult Institutions or designee at headquarters.  The volunteer shall provide a completed volunteer application packet and a written justification for the request.  Statewide regular volunteers shall be required to secure appointments with individual institutions through the Community Resources Manager and shall attend any required orientation and annual training.

Authorized Access within the Institution

• An approved volunteer under the age of 18 years shall be accompanied by California Department of Corrections and Rehabilitation staff and the minor’s parent(s) or guardian(s) at all times while inside the institution. The CDCRCalifornia Department of Corrections and Rehabilitation Form 1887, Parent Consent for Participation, shall be signed by a parent or guardian and notarized. The form shall be on file prior to participation. The parent(s) or guardian(s) shall also provide an original or certified copy of the minor volunteer’s birth certificate to the gate officer upon entrance to the institution.

• Regular volunteers not issued a volunteer identification card, provisional volunteers, and outside guests with an approved gate clearance shall be escorted in the institution as directed by the Hiring Authority, Community Resources Manager, or designee.

• Regular volunteers with an approved volunteer identification card may be required to escort regular volunteers, provisional volunteers or guests as directed by the Hiring Authority, Community Resources Manager, or designee.

• All volunteers, regardless of escort status, and outside guests shall have an identification document with a photograph, such as a valid driver’s license; Department of Motor Vehicles identification card; or other official, valid, positive identification.

• Volunteers shall not, without written approval from the Warden or Director, Division of Adult Institutions, be admitted to special housing units, such as Administrative Segregation, Security Housing, and Protective Housing.

• Volunteers shall not, without written approval from the Warden or Director, Division of Adult Institutions, be assigned to areas which enable them to access employee records or inmate personal or medical information.

• When volunteer access is denied or delayed, the entrance or gate officer shall contact the Watch Commander prior to denying entry.  The Watch Commander shall work to resolve and discuss the reasons for denial, such as failure to adhere to Department rules or regulations with the Community Resources Manager or Administrative Officer-of-the-Day.  The same process shall apply when inmates are not released, or are delayed from being released, for self-help programming.  A report explaining the occurrence and outcome shall be routed to the Hiring Authority with a copy to the Community Resources Manager or designated manager.

Orientation shall be completed prior to assignment as a volunteer. Outside guests may be oriented by their supervisor or escort with the approval of the Hiring Authority or designee.

• At the onset of service, regular and provisional volunteers shall complete the required available training modality available for four hours of orientation to include:

  • Staff /Inmate Relations

  • Equal Employment Opportunities and Sexual Harassment Prevention

  • Emergency Procedures

  • Communicable and Infectious Diseases

• Volunteers shall be provided a code of ethics that prohibits using their positions to secure privileges for themselves or others, engaging in activities that constitute a conflict of interest, accepting gift or gratuity from or engaging in personal business transactions that would provide a benefit not available to the general public, or sexual relations with an inmate or an inmate’s family.

• Volunteers shall be provided a tour of the institution in order to identify their program or service location and other necessary institution features.  The Community Resources Manager or designee may provide additional orientation on key control, alarms, institution protocols, and other necessary information.

• Regular volunteers shall be issued a whistle upon orientation, and may be issued chits, keys, or personal alarms. Provisional volunteers shall receive a whistle upon orientation.

• In addition to orientation, volunteers shall receive a copy of the Volunteer Handbook, which includes history and policies of the Department and the service location.

• Additionally, the Community Resources Manager shall provide the following on-the-job training courses for self-study:

  • The Prison Rape Elimination Act.

  • Information Practices Act.

  • Fire Prevention and Life Safety.

  • Tuberculosis Testing Self-Education.

Duties

• Description of the volunteer duties, lines of communication, supervision, and accountability.

• Public safety shall take precedence over all other considerations in the operation of the programs and activities of the Department.

Service Population

• Review in general terms the needs, attitudes, and lifestyles of the inmate population.

Rules

• Notification that volunteers are subject to the rules and regulations established by the Hiring Authority and the Secretary.

• Information on the pertinent rules affecting the security of the institution and the safety of volunteers, employees, and inmates.

Confidential Information

• Confidentiality of records and other privileged information shall be maintained (see Information Practices in Section 13030 of this manual).  A copy of the Information Practices Act shall be provided to the volunteer.

• Inform volunteers they may be required to divulge information told in confidence by an inmate.  Explain that only certain confidential relationships are legally recognized, such as patient-physician, lawyer-client, priest-parishioner, and marital. A volunteer may be compelled in a court of law to testify about relevant conversations with inmates.

Annual training for regular and provisional volunteers shall be provided via the required training modality available and completed prior to the volunteer’s training expiration date as documented in the volunteer tracking system. Annual training shall consist of the four hours of training outlined in Section 101090.7.

Volunteers shall complete the on-the-job self-education curriculum.

The Volunteer Handbook shall be revised by the Community Partnerships Unit as needed.

The term of service by volunteers shall be contingent upon satisfactory evaluation by management. The Hiring Authority shall evaluate their volunteer programs annually to ensure:

• The volunteer activity complements the activities of employees.

• Volunteers are physically, mentally, and emotionally capable of providing the desired service.

• Duties are performed in a satisfactory manner with appropriate staff to supervise.

• Activities are consistent with departmental goals and objectives.

Supervisors of volunteers shall periodically recognize exemplary volunteer services and programs in the following ways:

• Submission of a request for a certificate of recognition signed by the Director.

• Preparation of a letter of appreciation for the Hiring Authority’s signature.

Letters and justification for the recognition shall be submitted to the Community Resources Manager, Parole Agent, or division head before submission to the Hiring Authority.

Wardens, Regional Parole Administrators, and division heads are encouraged to prepare press releases in coordination with the Community Resources Manager for exemplary activities of a volunteer or volunteer program.

The Hiring Authority may limit or discontinue activities of any volunteer or volunteer group which may impede the security or orderly operation of the institution or region.  A report explaining the occurrence and outcome shall be routed to the Hiring Authority with a copy to the Community Resources Manager or designated manager.

Criteria

• A volunteer or community program shall be terminated if:

  • The activity threatens the order or security of the program or facility.

  • The activity threatens the safety of the volunteer, employees, public, or inmates.

  • There is low inmate attendance.

  • The activity is not consistent with the mission and objectives of the institution.

  • There is no appropriate staff supervisor available.

  • Formal evaluation is unsatisfactory.

  • The volunteer is physically unable to safely perform required duties.

  • There is evidence of volunteer misconduct.

  • For the purpose of this Article, misconduct shall mean behavior of an improper or unacceptable nature including, but not limited to, the following:

    • Acts of over-familiarity with inmates or the family and friends of inmates.

    • Inexcusable neglect of specified duties.

    • Willful act(s) of insubordination or disobedience.

    • Willful and malicious act(s) of discourteous treatment toward other volunteers, employees, inmates, parolees, or members of the general public.

    • Act(s) involving the misuse of State property.

    • Threat(s) of retaliation against other volunteers, employees, inmates, parolees, or members of the general public.

    • Reporting for duty while under the influence of alcohol, an intoxicating drug, or illegal substance.

    • Participating in behavior either on or off duty that is of such a nature it may cause discredit to the Department or to the services being provided by volunteers under the volunteer service programs.

• Volunteers or community group members shall receive written notification of their rejection or termination within 72 hours.  The headquarters Community Partnerships Unit shall be notified in writing within 24 hours of the decision to deny access or termination of a volunteer’s services.  The volunteer tracking system shall be updated by the next business day of the decision to deny access or termination of a volunteer’s services.  The volunteer identification card shall be collected when the volunteer service agreement has expired or upon termination of the volunteer’s services.

• A CDCRCalifornia Department of Corrections and Rehabilitation Form 1797, No Longer Interested Notification shall be submitted to the Office of Peace Officer Selection Live Scan Unit when a volunteer separates from any Department Hiring Authority regardless of the circumstance.

A program sponsor, contractor, volunteer, or volunteer mentor may discontinue providing services for one or more groups at any departmental institution at a time of their choosing.  In such circumstances, the following shall occur:

• The individual shall provide written notification to the Hiring Authority via the Community Resources Manager of the decision to discontinue providing services.

• The individual shall relinquish any department issued equipment to the Community Resources Manager.

• The Community Resources Manager shall ensure gate clearances are updated to reflect that a volunteer or volunteer mentor shall no longer be authorized to access institutional or facility grounds upon resignation.

Volunteer Participation Certification
The Hiring Authority or designee shall provide a completed CDCRCalifornia Department of Corrections and Rehabilitation Form 1049 Certification of Volunteer Participation to each volunteer annually or upon termination along with a copy to file.

Appeal

Volunteers whose programs have been terminated or who have been denied access to an institution or facility, may appeal the decision in writing to the Hiring Authority.

• If dissatisfied with the decision of the Hiring Authority, the volunteer or program organization may write to the Director, Division of Adult Institutions.

• If dissatisfied with the decision of the Director, Division of Adult Institutions, the volunteer or program organization may write to the Secretary.

Advisory committees provide positive benefits to the Department in the following areas:

• Public information.

• Community relations.

• Parole placement.

• Development of trade and industrial training programs.

Consultants

Joint conferences of institutional and parole employees, other state agencies, and advisory committees shall be held periodically to promote understanding of the overall program.

Effectiveness Factors

The effectiveness of trade and parole advisory committees is enhanced by the following:

• Establishment of the committee as an affiliate of a larger community organization such as a service club or other established, reputable body.

• Membership in the advisory committees of an ideal cross-section of the community; i.e., ethnic groups, judiciary, clergy, law enforcement, business, labor unions, and community service groups.

• Tours of institutions and camps and committee attendance at pre-parole classes, parole board hearings, and other activities contingent upon Warden or Regional Parole Administrator approval.

• Regular service of the membership account and demonstration of a personal interest in the activities of the group.

• Regional Parole Administrators’ supervision and coordination of the planning and organization of committees in their regions.

• Understanding by employees of the purpose and goals of advisory groups so that better communication and public relations result.

The Warden, where possible, shall establish Trade Advisory Committees for vocational training programs in the areas of vocational education, industries, maintenance, or food service.  Trade Advisory Committees shall be composed as closely as possible of an equal number of persons nominated by representatives of management and labor. Committee members shall be appointed by hiring authorities from recommendations submitted by the groups represented.

Functions

Trade Advisory Committees shall provide:

• Consultation on space and equipment requirements, training procedure, and instructor qualifications and selection.

• Standards for inmate selection and training which are relevant to current methods and industry standards.

• Vocational guidance and evaluation of inmate trainees.

• Advice on employment opportunities upon release.

• A medium for better understanding between labor, private industry management, and the Department.

Organization

Trade Advisory Committees shall be organized on the basis of one of the following:

• A master committee representing all vocational training areas within the institution with subcommittees for each trade or occupation.

• Individual Trade Advisory Committees for each trade or occupation within the institution.

Institutional Coordinator

• Each Warden shall nominate, for the approval of the Secretary, an employee as the Institutional Coordinator, who shall:

  • Obtain Criminal Identification and Investigation State Summary-Criminal History.

  • Coordinate the organization and programs of the Trade Advisory Committees within that institution.

  • Maintain and circulate minutes of meetings to all participants and appropriate departmental staff.

  • Ensure compliance with the Department’s Operations Manual.

• This coordinator shall be assisted by employees representing education, plant operations, industries, and other institutional services.

Regional Parole Administrators and their subordinate employees are encouraged to establish parole advisory committees.

These committees develop community interest and promote community support for parolees and correctional programs.

Functions

Parole advisory committees shall provide:

• A counseling and advisory resource to the Parole Agent.

• Knowledge of the community to assist newly released parolees in securing jobs or residency as follows:

  • Acting as voluntary consultants on release employment opportunities.

  • Giving practical assistance, vocational guidance, and evaluation of parolees.

  • Acting as consultants in vocational training of parolees.

  • Interpreting parole to the community leadership.

Functions

• Each Warden shall establish a Citizens Advisory Committee, which shall be used to:

  • Improve the public’s understanding of correctional programs.

  • Influence correctional directions.

  • Suggest means to improve and participate in inmate programming.

  • The role of the committees is to:

    • Provide an important opportunity for the Department to gain the support of interested and concerned citizens.  Wardens shall extend an invitation to committee members to acquaint themselves with the institution’s facilities and programs.

    • Voice their concerns and make suggestions for facility and program enhancements as well as to support the institution or facility and its programs.

    • Play a key role in furthering the Department’s mission.  Wardens shall regularly attend meetings and shall feel free to share information with the committee on problems, progress, and resolutions.

    • Encourage community service projects, open houses, public education efforts, and any other appropriate activities aimed at strengthening the institution’s partnership with the community.

Composition

• Each Warden shall appoint a 12 member Citizens Advisory Committee from a list of nominations submitted as follows:

  • Two persons from nominations submitted by the Assembly Member in whose district the prison is located.

  • Two persons from nominations submitted by the Senator in whose district the prison is located.

  • Two persons from nominations submitted by the City Council of the city containing or nearest to the institution.

  • Two persons from nominations submitted by the County Board of Supervisors of the county containing the institution.

  • One person from nominations submitted by the Chief of Police of the city containing or nearest to the institution and the County Sheriff of the county containing the institution.

  • Three persons selected by the Warden including one who is a victim of a crime or a representative of a victim’s organization.

Selection

• Nominators shall submit biographical data for each nominee.

• The Department’s Equal Employment Opportunity policies shall be considered in the selection of nominees.

Orientation

• Appointed committee members shall complete an orientation, which shall include:

  • A meeting with the Warden.

  • Inmate, employee, and community safety procedures.

  • A tour of the institution.

Committee Member Files

• A file shall be maintained on each committee member, which shall include:

  • Oath of Allegiance.

  • CDCRCalifornia Department of Corrections and Rehabilitation Form 181, Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates.

  • Statement acknowledging receipt of a copy of the California Code of Regulations and the Information Practices Act.

Operation

• Each committee shall select a chairperson by majority vote who shall:

  • Call meetings.

  • Prepare meeting agendas.

  • Preside over meetings.

Term of Members

• The term of office of all members shall be two years.  Members shall not serve more than two years unless nominated and re-appointed.

• The Warden shall solicit a listing of five nominees from designated nominators 90 days prior to the expiration of any member’s terms.

• Committee member resignations shall be submitted in writing to the chairperson.

Vacancies

• Vacancies may result from a member’s death, written resignation, expiration of term, removal for cause, an emergency, or unexcused absence from three consecutive meetings.  The Warden shall fill any vacancy upon receipt of written notification that a vacancy exists.

• The Warden may fill a vacancy with a person selected from, but not limited to, the list of nominees originally submitted by nominators.  Additional names may be requested from the nominators by the Warden.

• Appointments to fill a vacancy shall be for the remainder of the unexpired term.

Meetings and Minutes

• The committee shall meet at least once every two months or as necessary to carry out the purposes and duties of the committee.

• The Warden shall meet with the committee at least four times per year.  If the Warden is unable to attend, the Chief Deputy Warden shall attend. Attendance shall not be further delegated.

• Committee meetings shall be open to the public.  The date, time, and place of each meeting shall be published in a local newspaper at least one week prior to the meeting.

• Meetings shall be held outside the prison security area.  Meetings may be held in public buildings away from the institution.  If held on institution property, the meeting shall be accessible to the public without compromising security.

• Minutes of each committee meeting shall be kept and a copy forwarded to the Director, Division of Adult Institutions.

Visitation

• Advisory committees shall have access to visit prison facilities and personnel in furtherance of committee objectives except in situations where security would be jeopardized.

• The Warden shall schedule all visits, and shall personally escort the visitor(s).  Scheduled visit agenda shall be subject to change based upon institutional operations at the time of the visit.

• Visits to other departmental facilities shall be authorized if, in the opinion of the chairperson and the Warden, such visiting will enhance the work of the committee.

• Visits to other departmental facilities shall be only by advance arrangement between the affected Wardens.

• The size of the visiting committee shall be determined by the committee itself and the Warden.

• The head of the visited institution shall meet with the visiting committee delegation.

Travel Expenses

• Travel expenses of the committee members shall be paid as authorized by Department Operations Manual, Article 11, Travel. Expenses shall be borne by the parent institutions.

The purpose of the Secretary’s Statewide Volunteer Advisory Task Force is to form a statewide collaboration between the Department and community stakeholders.

• Functions

  • Assists the Department in the most effective utilization of community volunteers for inmate activity groups, educational, and other volunteer programs in order to meet inmate program needs.

  • Discusses areas of concern, changes to existing policy, and develops positive support for Self-Help Sponsors, volunteers, and rehabilitative programs statewide.

• Composition

  • The Secretary or designee shall appoint members from:

    • Volunteer executives or representatives from non-profit organizations and religious communities.

    • Department executive staff.

    • Community Resources Managers as designated by the Community Partnerships Unit, Office of Policy Standardization.

• Meetings and Minutes

  • The Statewide Volunteer Advisory Task Force shall meet no less than twice annually or as deemed necessary by the Secretary or Director, Division of Adult Institutions to carry out the purposes and duties of the committee.

    • This task force shall be coordinated by the Director, Division of Adult Institutions or designee as directed by the Secretary.

    • The date, time, and place of each meeting shall be determined by Department headquarters staff.  If held on institution property, the meeting shall be accessible to the members without compromising security.  Members shall be provided a copy of the agenda and meeting information in advance.

    • Minutes of each committee meeting shall be recorded, and a copy distributed to members as directed.

Functions

• Each Warden shall establish a Volunteer Advisory Committee which shall be used to:

  • Increase communication and partnerships with national, state, and community-based organizations.

  • Increase rehabilitative programming opportunities for inmates.

  • Work proactively at the institution level providing support within the community, such as, volunteer organizations, law enforcement agencies, schools, universities, corporations, and various other agencies to increase volunteer programming and services to inmates.

  • Support programs that unify and strengthen inmates’ ties with family and other community support systems.

  • Create opportunities to increase volunteer participation and monitor the effective delivery of services to inmates.

  • Increase communication and collaboration between the various stakeholders, with the goal of improving the effectiveness and efficiency of systems available to meet the rehabilitative needs of inmates.

Role

• The role of the committee is to:

  • Ensure the Department’s policies are enforced regarding volunteers as well as to ensure consistency regarding volunteer access to the institution.

  • Foster a continued partnership with volunteers in an effort to bring rehabilitative programs to inmates.

  • Promote the expansion and implementation of volunteer programs within the institution.

  • Increase volunteer opportunities and community outreach.

Composition

• Each Warden or designee shall appoint a Volunteer Advisory Committee from a list of nominations submitted, to include the following:

  • Volunteer Leads from local organizations and religious communities including, but not limited to:

    • Substance abuse recovery organizations.

    • Victim awareness and impact programs.

    • Reentry support groups.

    • Anger management organizations.

    • Service providers that fall within voluntary self-help programs.

    • Associate Warden.

    • Captain, Adult Institutions.

    • Public Information Officer.

    • Chaplain.

    • Self-Help Sponsors as determined by the Community Resources Manager.

    • Interested community members.

Selection

• Nominees shall be selected based on experience and length of service.

Orientation

• Appointed community committee members shall complete an orientation which shall include:

  • A meeting with the Warden or designee.

  • Inmate, employee, and community safety procedures.

  • A tour of the institution.

Committee Member Files

• The Community Resources Manager shall maintain a file for committee members as follows:

  • For volunteer members – copies of the volunteer application packet including all required documentation outlined in Section 101090.6.2.

  • For community members – CDCRCalifornia Department of Corrections and Rehabilitation Form 181, Primary Laws, Rules, and Regulations Regarding Conduct and Association with State Prison Inmates and statement acknowledging receipt of a copy of the Information Practices Act.

Term of Members

• The minimum term of office of all members shall be two years.  Members shall not serve more than two consecutive years unless approved by the Warden or designee.

• Committee member resignations shall be submitted in writing to the chairperson.

Replacing VACVictims Advisory Committee Members

• Vacancies may result from a member’s death, written resignation, expiration of term, removal for cause, or an emergency.

• Every attempt shall be made to fill vacancies within 60 days after notice is received from the vacating member or designee.

• Appointments to fill a vacancy shall be made for a new two-year term or for the remainder of the vacated term at the Warden’s discretion.

Meetings and Minutes

• The committee shall meet quarterly, or as deemed necessary by the Warden or Chair to carry out the purposes and duties of the committee.

• The date, time, and place of each meeting shall be distributed to members at least five business days prior to a scheduled meeting.

• Meetings shall be held outside the prison security area.  Meetings may be held in public buildings away from the institution.  If held on institution property, the meeting shall be accessible to the public without compromising security.

• The Community Resources Manager shall ensure minutes of each committee meeting are taken, records are maintained, and copies are provided to the Community Partnerships Unit.

The Director, Division of Adult Institutions, or designee shall ensure the content of this Article are accurate and current.

The Department shall participate in grant projects when the Director, Division of Community Partnerships (DCPDivision of Community Partnerships (see DAI)), in conjunction with the appropriate Chief Deputy Director, Warden, or RPARegional Parole Administrator, determines the project is in the best interests of the Department and is consistent with current Department policy.

This Section clarifies provisions as set forth in the SAMState Administrative Manual 900, as they relate to departmental policy and procedures in the solicitation and awarding of grants.

To clarify terminology used in the grant process, the following definitions are included as a guide. These are not inclusive, and any definitions contained in statutes shall supersede those contained in this Section.

• Grants

  • Grants are funds from sources other than the GFGeneral Fund for operational and demonstration programs which involve the Department’s facilities, employees, inmates, or parolees. These funding sources include, but are not limited to, the federal government, other state departments, local agencies, and other public and private organizations.

• Service Project Proposals

  • Service project proposals are defined as technical assistance provided by public or private agencies.

The Director, DCPDivision of Community Partnerships (see DAI), shall:

• Review and recommend to the Director the acceptance or rejection of all grant or services project proposals.

• Authorize submission of grant application/proposals and acceptance of grant awards for the Department.

• Monitor grant projects for program and fiscal compliance with granting agency.

• Assure specific requirements of departmental procedures are met.

Budget Management Branch

• The Budget Management Branch and the Office Contract Service Unit of the Office of DCPDivision of Community Partnerships (see DAI) shall coordinate all grant applications and projects for the Department. The Budget Management Branch shall:

  • Assist in the preparation of grant application, contracts and other necessary documents.

  • Identify potential funding sources and assure compliance with granting agency’s requirements.

  • Ensure that the following actions are completed:

    • Flow of grant application through Department’s approval process.

    • Notification of award.

    • Establishment of guidelines for fiscal and programmatic report requirement.

    • Provision of technical assistance to project directors.

    • Receipts, review, and distribution of project reports and requests for reimbursement.

    • Coordination between grantee (institution/division) and Headquarters.

    • Coordination between grantee and grantor (granting agency).

  • Ensure that the activities outlined in the DOMDepartment Operations Manual 101100.4 are performed in an efficient and timely manner by creating and maintaining a master file and register to control the processing, implementation and report cycles of grant projects.

  • Review all reports required under DOMDepartment Operations Manual 101100.10 for compliance with program objectives, timeliness, and fiscal constraints. Recommendations and/or ongoing technical assistance shall be provided to project director as required.

  • Conduct on-site review providing technical assistance on each grant project within four months of the project start-up. The on-site review shall include, but not be limited to, the following:

    • Initial interview with project director and staff.

    • Review of staffing and organizational structure.

    • Review of accounting system.

    • Review of reporting requirements and formats.

    • Review of program objectives and time lines.

    • Review of property management and procedures.

    • Review of evaluation plan to include data collection procedures.

    • Conduct an “exit interview” with the project director to discuss review findings, possible problem area and recommendation

Deputy/Assistant Directors, Wardens, RPAs

• The appropriate deputy/assistant director, Warden or RPARegional Parole Administrator shall:

  • Review and approve initial concepts for grant projects that fall within their respective jurisdictions.

  • Provide overall programmatic direction for each grant project.

  • Designate a project director.

Project Director

• The project director shall be responsible for the implementation and the daily management and supervision of the grant proposal/contract and the mandates of this chapter. The project director shall coordinate the implementation phase with the business manager/fiscal officer.

Business Manager/Fiscal Officer

• The appropriate business manager/fiscal officer shall:

  • Coordinate support activities such as procurement matters for grant projects.

  • Review and approve appropriate grant expenditure report requests for funds and grant award modification requests that shall be submitted to the Budget Management Branch for action.

Accounting Officer

• The accounting officer shall:

  • Keep separate accounts for the expenditures and reimbursements related to the grant.

  • Display this grant on a separate page on quarterly budget reports.

  • Obtain budgetary approval from the budget section through the Budget Management Branch.

  • Submit reports as described in DOMDepartment Operations Manual 101100.10.

Personnel Representative

• The personnel representative shall:

  • Establish the necessary project staff positions.

  • Process appointments and other personnel transactions for project staff.

Procurement and Services Officer/Business Service Officer

• The procurement and services officer/business service officer shall initiate and execute the necessary grant contracts/agreement.

When management staff identify a program need for which departmental funds are not available, a grant proposal concept that includes the following information may be prepared:

• Introduction. Clearly and concisely summarizes the request and describes the current situation.

• Program statement. Documents the needs to be met or the problems to be resolved by the proposed funding.

• Objectives. Establishes the benefits of the funding in measurable terms.

• Methods. Establishes the means of achieving the results desired and presents a timetable for accomplishing these results.

• Evaluation. Describes a plan to prove that the grant project was a success and that the objectives were reached.

• Budget. Presents an estimate of project costs in detail.

Submit To

• The grant proposal concept shall be submitted to the Division for Community Partnership and Budget Management Branch for departmental review and approval. The two factors upon which approval shall be based are the following:

  • Possible contribution of the grant project to departmental goals and objectives.

  • Probable acceptance by a grantor.

Costs

• Depending on grantor requirement and limitations, the following costs may or may not be included:

  • Administrative costs.

  • Personnel services costs.

  • Budget administrative costs.

  • Leasing costs.

In conjunction with the preparation of a grant proposal concept, a program impact statement shall be submitted with the proposal concept to the Budget Management Branch.

Upon receipt of a grant proposal concept and impact statement, the Budget Management Branch shall forward these documents to the appropriate deputy/assistant director for review and approval. Written notification of approval/disapproval shall be submitted by the appropriate deputy/assistant director to the Budget Management Branch no later than 14 days from receipt of the grant proposal concept and impact statement.

The Budget Management Branch in conjunction with the sponsoring division shall develop a grant proposal based on the grant proposal concept after receipt of written notification of approval from the appropriate deputy/assistant director. The proposal shall follow the specific requirements and guidelines of the granting agency selected by the Budget Management Branch. The required grant application forms shall be completed and submitted to the Director, DCPDivision of Community Partnerships (see DAI), for signature and distribution.

All applications for federal funds shall be submitted through the Budget Management Branch to the Governor’s Review Committee. The Budget Management Branch shall monitor all federal grant applications through the Governor’s review process. Forty-five days shall be allowed for completion of this process.

Upon notification of a grant award, the Budget Management Branch shall notify the following departmental authorities:

• The affected deputy/assistant director.

• The affected Warden or RPARegional Parole Administrator.

• The Deputy Director, Financial Management.

• The business manager of the affected institution.

• The specific project director.

Within 20 days of the notification of a grant award, the Budget Management Branch shall issue specific instructions for project implementation and fiscal requirement to all affected departmental units.

All contracts and/or interagency agreements for grant projects shall conform to the requirement of DOMDepartment Operations Manual 22040 and shall be submitted to the Budget Management Branch for review to assure compliance with granting agency requirements and program objectives.

Programmatic and financial reports and equipment inventory records are required for all grants awarded to the Department. When a granting agency provides specific reporting requirements, such requirements shall supersede this Section’s provisions.

All reports shall be submitted directly to the Budget Management Branch for review and submission to the granting agency.

• Programmatic and financial reports for a calendar quarter shall be prepared and submitted within 15 working days following the end of the quarter.

• Grant award modifications shall be requested when necessary to achieve project objectives and shall include proper justification.

• Equipment inventory records shall be prepared when the equipment is received. Two copies shall be attached to the financial report for the quarter during which the equipment is received.

• All grant project records and supporting documents shall be complete, current, and available for audit during the grant period and for a period of five years from the date of the project’s completion.

• Failure to submit required reports on time could result in the withholding of grant funds and/or the termination of the grant.

Programmatic reports shall:

• Describe activities and accomplishments during the reporting period, emphasizing project phases which have been completed (e.g., initial planning stage, completion of initial survey effort, purchases of required equipment, etc.).

• Cover major administrative development such as changes in personnel, project design, etc.

• Mention and discuss problem areas and critical observations, as well as project success.

Copies of any special reports, evaluation studies, publications, or articles prepared as a result of the project’s operation shall be attached to the report.

The financial report shall provide a summary of the actual expenditures and anticipated expenditures (encumbrances) to date for each of the following categories:

• Personal services.

• Employee benefits.

• Consulting services.

• Operating expenses.

• Travel.

• Equipment.

• Minor capital outlay.

• Other (for any unusual items which do not fit into one of the other categories).

Budget Management Branches instructions for the particular grant project or the granting agency requirements provide directions for the types of expenses that are in each category.

If a grant award modification was made affecting the approved budget, then the financial report shall identify the modification by number and type.

The financial report shall be prepared using CDC Form 904, Financial Report for Grant Projects Summary.

A final financial report that includes all actual expenditures and no encumbrances shall be submitted within 90 days after the project termination.

A budget revision is required for a change within the approved budget that does not change the project scope, the total grant award amount, or the grant project period.

All budget revisions require Budget Management Branches prior approval. The granting agency’s prior approval for budget revisions shall be required when:

• Transferring funds in or out of the equipment or minor capital outlay categories.

• Transferring funds into a category which has no funds budgeted.

• Transferring funds from one category to another in excess of the amount permitted by the granting agency.

Even though changes may not be requested in all categories, the current amounts of all categories shall be shown. Current category amounts refer to the amounts which were approved either originally with the grant award or subsequently as a result of a budget revision and/or grant award amendment. Parenthesis shall be used to indicate a decrease and the addition symbol “+” to indicate an increase of the category amounts in the proposed change column (3) of CDC Form 905, Grant Award Modification Request for Grant Projects.

Grant award amendments are changes in the grant which affect the project scope, the total amount of the project budget, the date by which the project shall be completed, and the date by which all project debts shall be paid.

All grant award amendments require prior approval from both the Budget Management Branch and the granting agency.

When requesting additional funding, budget change column 4 of CDC Form 905 shall be used to indicate amount.

Substantial justification shall be provided for changes that require a grant award amendment.

CDC Form 905 shall be completed and submitted to the Budget Management Branch for grant award modification request.

All equipment purchases with grant funds for the project shall be inventoried and tagged in accordance with current departmental/institutional procedures and SAMState Administrative Manual 8630 through 8660.

Existing departmental/institutional inventory record form may be used. This form shall include:

• Grant project title.

• Grant award number.

• Grant contract number.

• A complete description of the equipment.

• Total cost of the equipment.

Two copies shall be submitted to the Budget Management Branch.

An equipment inventory record file shall be maintained for the life of the grant.

All subsequent changes to the equipment inventory, (e.g., changes in location, disposition, loss, etc.) shall also be submitted to the Budget Management Branch for updating purposes.

All equipment purchased with grant funds shall become departmental property at the end of the project period unless granting agency specifies otherwise.

Each contract for a grant project shall contain a section that specifies an evaluation plan that shall, at a minimum, contain the following:

• The method by which each of the objectives shall be measured.

• The method that shall be used to determine the project’s success in achieving its stated objectives; identification of the measures of success.

• Description of the method and type of data collection to include program participants and workload data.

• Description of any research techniques or methods which shall be used such as pre/post tests, control groups, and experimental groups, etc.

A completed evaluation report shall be presented to the Budget Management Branch no later than 90 days following the termination of the grant project.

The Budget Management Branch shall distribute the evaluation results to the appropriate deputy director, Warden, or RPARegional Parole Administrator.

The Director, DCPDivision of Community Partnerships (see DAI), or designee, shall ensure the content of this Section is accurate and current.

SAMState Administrative Manual § 900.

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) shall accept gifts or donations if it is in the best interest of the CDCRCalifornia Department of Corrections and Rehabilitation and is consistent with current statutes, laws, regulations, etc. Only those gifts or donations that supplement the CDCRCalifornia Department of Corrections and Rehabilitation budgets or provide cost avoidance to the taxpayer without incurring any future expenditure related to the gift or donation shall be accepted.

Property acquired through gifts or donations shall become property of the State. Gifts and donations should be used exclusively for the purpose for which they were originally donated.

No officer or employee of the CDCRCalifornia Department of Corrections and Rehabilitation may, for private gain, accept or receive money or other compensation from anyone other than the State for the performance of his or her State duties. Nor may any officer or employee of the CDCRCalifornia Department of Corrections and Rehabilitation solicit, accept, or receive any gift or donation from anyone doing or seeking to do business with the State.

This Article establishes the requirements for the acceptance of gifts or donations in the best interest of the CDCRCalifornia Department of Corrections and Rehabilitation.

Secretary

• The Secretary of the CDCRCalifornia Department of Corrections and Rehabilitation may accept gifts or donations of goods or services not involving new expenditures of State funds.

Office of Fiscal Services

• Acceptance of gifts or donations that generate a new expenditure of State funds is subject to approval of the Department of Finance (DOFDepartment Of Finance). The Director or designee, Office of Fiscal Services (OFSOffice of Fiscal Services) shall:

  • Review and forward to DOFDepartment Of Finance a CDC Form 922, Authorization to Accept Gifts or Donations, that has been approved and processed by Division of Community Partnerships (DCPDivision of Community Partnerships (see DAI)).

Other Divisions/Offices

• When a person or entity contacts a headquarters’ unit with an offer of a gift/donation, the appropriate manager shall designate a staff person who shall:

  • Complete the CDC Form 922.

  • Obtain the signature of the appropriate Director/Deputy Director.

  • Submit the signed authorization form to the DCPDivision of Community Partnerships (see DAI).

Division of Community Partnerships

• The Director or designee, DCPDivision of Community Partnerships (see DAI), shall:

  • Receive a quarterly report from each institution for the purpose of maintaining a statewide database on gifts and donations.

  • Approve and process all gifts and donations that require DOFDepartment Of Finance review.

  • An assigned Manager in the DCPDivision of Community Partnerships (see DAI) shall:

  • Forward CDC Form 922 to the OFSOffice of Fiscal Services, and monitor the approval process if the gift/donation has an impact on CDCRCalifornia Department of Corrections and Rehabilitation budgets.

  • Approve all CDC Form 922s provided by the Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) and headquarters.

  • Maintain records of all approved gifts and donations to include donations identified on institutions quarterly reports.

  • Provide technical assistance as needed.

Warden

• The Warden of each institution shall authorize the acceptance of gifts and donations not impacting the CDCRCalifornia Department of Corrections and Rehabilitation budgets.

• If the gift or donation has an impact on CDCRCalifornia Department of Corrections and Rehabilitation budgets, the Warden shall forward CDC Form 922 to the CRMCommunity Resource Manager in the OCROffice of Civil Rights (see OIA) for processing through the OFSOffice of Fiscal Services.

Community Resources Managers, Division of Community Partnerships

• The Community Resource Managers (CMR) shall:

  • Identify the equipment, supply, or material needs of the institution that can be met by solicitations of gifts or donations.

  • When feasible, solicit contributions from public agencies and private enterprise that meet the identifiable needs of the institutions.

  • When notified of the availability of a gift and/or donation, contact any program or administrative staff who may be affected by the gift and/or donation to determine if the gift and/or donation shall be accepted.

  • Process the gift and/or donation items for necessary approvals in compliance with the provisions of this Article.

  • Place all cash donations in a special purpose trust account.

  • Obtain the Warden’s signature on a CDC Form 922 when a gift and/or donation is appropriate for acceptance by the institution.

  • Forward the CDC Form 922 to the DCPDivision of Community Partnerships (see DAI) for approval by OFSOffice of Fiscal Services for donations impacting the CDCRCalifornia Department of Corrections and Rehabilitation budgets.

  • Notify appropriate institution staff when CDC Form 922 is approved by the Warden or DOFDepartment Of Finance, as appropriate.

  • Arrange for the efficient receipt of the gift and/or donation, delivery to the appropriate location, and the addition of the gift and/or donation to the institution property inventory (if applicable).

  • Acknowledge appreciation to the donor(s) through written communication from the Warden and provide a copy of CDC Form 922 upon request (for tax purposes).

  • Verify donated vehicle(s) has been approved by Department of General Services (DGSDepartment of General Services), Fleet Administration Representative. Attach the inspected approval document to CDC Form 922.

  • Maintain a copy of the approved CDC Form 922 for a minimum of five years.

Procurement Officer

• The institution Procurement Officer shall keep inventory records for all non-disposable property received as a gift or donation, in accordance with the inventory control guidelines as set forth in the Correctional Business and Administrative Support Systems.

Food Manager

• The Food Manager shall monitor food donations to ensure compliance with the CDCRCalifornia Department of Corrections and Rehabilitation regulations for food safety, and DGSDepartment of General Services procurement standards.

Associate Information Systems Analyst

• The Institution’s Associate Information Systems Analyst will review all computer-related equipment, materials, and applications to ensure compliance with institution requirements.

Staff

• Institution staff, as authorized by the Warden, may maintain direct communication with persons or entities wishing to provide a gift and/or donation. Upon offer of a gift and/or donation to a specific facility, staff in contact with the donor shall:

  • Notify the facility CRMCommunity Resource Manager of the offer.

  • Complete and submit to the facility CRMCommunity Resource Manager a CDC Form 922.

When a gift and/or donation is offered to any field unit or institution in the DAPODivision of Adult Parole Operations (formerly P&CSD), the appropriate manager or unit supervisor shall appoint a staff person who shall:

• Complete CDC Form 922.

• Ensure that the authorization form is forwarded through the unit supervisor and Regional Parole Administrator to the Director, DAPODivision of Adult Parole Operations (formerly P&CSD), for signature prior to submission. Submit the signed CDC Form 922 to the OCROffice of Civil Rights (see OIA).

Verify donated vehicles have been approved by the DGSDepartment of General Services, Fleet Administration Representative.

The Director, DCPDivision of Community Partnerships (see DAI), or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.

Government Code §§ 11005, 11005.2, 14660, and 19990.

PCPenal Code § 5057.5.

SAMState Administrative Manual §§ 1376, 1377, 8602, 8614, 8634, and 8650.

American Correctional Association Standards §§ 2-4037, 2-4045, and 2-4437.

California Code of Regulations, Title 15, Sections 3413 and 3409.

An inmate library shall be maintained by each facility, reception center, and camp; and, the inmate library shall operate according to an operation schedule approved by the Warden.  The schedule shall be widely distributed to the inmate body, and posted throughout the facilities, reception centers, and camps.  The library program shall allow for maximum inmate access and participation.

There shall be a general library and at least one law library in each facility with space to provide service to all segments of the facility population.  Such areas shall contain space to accommodate State-owned books and non-print materials and to allow individual study of the available materials.  Access to each library shall take into consideration the needs of general population inmates and inmates assigned to security, segregation, and other restricted housing units.  The program shall include opportunity for independent study and research, general library services, legal library service, and circulation legal
library services.

The Director, Division of Rehabilitative Programs, shall be responsible for the inmate library program.

• Superintendent of Education.

  • The Superintendent of Education shall develop and monitor departmental inmate library policy.

• Senior Librarian.

  • The Senior Librarian shall implement the facility library program and shall report to the Principal.

• Librarian.

  • The Librarian is an entry level professional who can operate a smaller correctional library, undertake law library functions or act as a lead on or perform more complex library tasks.

• Library Technical Assistant (LTA).

  • LTAs are paraprofessionals who perform basic library services such as photocopying, orientation, copy cataloging, circulation, overdue book notifications, book repairs, library inventories, or train and direct inmate library workers in those tasks.  The Librarian and LTA may also operate small libraries under the technical direction of a Senior Librarian or Principal designee.  The LTA provides reasonable accommodations and access to assistive devices
    as needed.

On-Site Staff.

• Facility library staff (includes Senior Librarians, Librarians, and LTAs) shall provide library services and materials.

Access.

• Library services shall be scheduled to provide adequate inmate access, while maintaining institutional security and operational needs.

Collection Development.

• Library materials shall be selected and provided to meet the needs and interests of the entire inmate population.  Materials provided shall encompass the American Correctional Association’s and the American Library Association’s recommended standards and shall be augmented by reference materials necessary to meet the needs of the facility’s education programs. Suggestions and requests from inmates shall be solicited both informally by suggestion box and formally by an inmate library committee meeting with library staff on a scheduled basis.

Inmate Welfare Fund appropriations will be used to purchase:

• Publications such as: Newspaper and magazine subscriptions for library and entertainment purposes, and to supplement or support appropriation purchases.

• Fiction books, especially paperbacks, to supplement or support appropriation purchases.

Required Reference Materials-Minimum Collection Facility.

• Each institution shall maintain at least one library that is accessible to inmates that contains the following reference materials in print or electronic formats:

  • An encyclopedia purchased within the last 10 years.

  • An unabridged dictionary purchased within the last 5 years.

  • A sign language dictionary purchased within the last 10 years.

  • A world almanac purchased within the last 5 years.

  • A world atlas purchased within the last 5 years.  A road atlas shall not be included within the library collection.

  • A primary dictionary purchased within the last 5 years.

  • A visual dictionary purchased within the last 5 years.

  • A Spanish to English-English to Spanish dictionary purchased within the
    last 5 years.

Multi-cultural Material.

• The general library collection must contain a selection of ethnically diverse titles.

Literacy Material.

• The general library collection must contain titles representing high interest and low level reading material.

Education Support Materials.

• The general library collection must contain textbooks representing Career and Technical Education (CTE), academic, and reentry programs.

Life Skills Materials.

• The general library collection must contain a selection of life skills materials, including, but not limited to:

  • Anger management.

  • Emotional health and wellbeing.

  • Substance abuse and disorders.

  • Career development.

  • Family relations.

  • Material related to living successfully inside and outside of prison.

Accommodations.

• The general library collection must contain library materials that meet the needs of inmates with disabilities.

Library donations for the general library collection are encouraged at the institution level:

• Inmates as well as staff and the general public shall be allowed to donate materials to the library.

• Periodicals, hard back books, paperback books, pamphlets and non-print materials are acceptable. The covers of hard back books do not have to be stripped in order to be acceptable unless local written policy specifically addresses the issue.

• Senior Librarians shall coordinate library donations.

• Documentation of any donations is required.  CDCRCalifornia Department of Corrections and Rehabilitation Form 922 is the standard form of donation authorization.

• All donated library materials shall be inspected for safety, security, appropriateness, and usefulness before being placed in the collection.

• The facility is under no obligation to accept all donations for placement in the library.  Those items deemed unsuitable shall be officially discarded.

Printed material which describes the making of any weapons, explosive, poison, destructive device, or which in the Secretary’s sole discretion depicts, portrays, or describes a sexual assault upon a correctional employee shall be excluded from publications furnished to facility inmate libraries.  Obscene material and other forms of contraband, as described in California Code of Regulations, title 15, section 3006, shall be excluded from inmate libraries.

To check out books and other library materials, inmates shall:

• Present their identification or privilege card to the Librarian.

• Sign a trust account withdrawal order before any books are checked out to them.

• Display books or other materials to correctional staff upon exiting the library.

The standard check-out period will be two weeks.  A library item can be renewed for an additional two weeks if there are no requests for the item.  Check-out of materials can be performed either manually or via a computer.  Inmates should review any item they plan to check out to ensure that there is no unnoted damage already present.

Inmates who lose or damage books or library materials shall pay for them.

Inmates shall not loan books to other inmates.

An inmate’s check-out privileges are temporarily suspended when an inmate has an overdue, damaged, or lost book until the issue has been resolved.

• Overdue Materials

  • One standardized overdue notice will be sent to the inmate no sooner than two weeks after the due date.  If the inmate does not respond within two weeks of their overdue notice, the inmate will be charged with a non-refundable fee that is the newest list price available in a reputable trade publication.  Payment of the fee does not constitute payment for the book.

• Damaged Materials

  • Damaged material will be inspected by library staff to determine if the material remains usable in its damaged state.  A note will be placed in the body of the material noting observed damage, date and the initials of the library staff making the damage determination.  If the damaged material requires repairs to continue to be usable, a non-refundable repair fee of five dollars will be charged to the inmate’s trust account and a record of the repair will be maintained under the inmate’s name.  If the damaged material is not repairable, the replacement cost will be charged to the inmate.  Payment of this fee does not allow the inmate to maintain possession of the damaged item.  Library staff will determine how to dispose of the damaged item and whether the damaged item will be repurchased for the collection.

• Lost Materials

  • Inmates who lose books or library materials shall pay for them.  Library staff will use the newest list price available in a reputable trade publication and a record of the loss will be maintained under the inmate’s name.  Payment of the non-refundable cost does not transfer ownership of the book to the inmate.

The inmate law library collection is intended to provide inmates with meaningful access to the courts.

Abuse of Law Library.

• Disciplinary action for an inmate who is found to be guilty of a serious rule violation pertaining to law library resources, facilities, or staff may include a suspension of all access to the law library for up to 90 calendar days.  This action does not preclude an inmate from pursuing legal research through the reasonable use of law library paging, beginning three calendar days after the date of suspension, and continuing until the suspension period ends.

All inmates, regardless of their classification status, shall be entitled to law library access that is sufficient to provide meaningful access to the courts.  Law library access includes use of the law library collection in print or electronic format, including remote access via kiosk, tablet, or other device, if available.  Inmates on Priority Legal User (PLU) status may receive a minimum of 4 hours per calendar week of requested access, as resources are available, and shall be given higher priority to the law library resources.  Inmates on General Legal User (GLUGeneral Legal User) status may receive a minimum of 2 hours per calendar week of law library access, as resources are available.

Operational Schedule

• Each facility head shall formulate an operational schedule for the inmate law library.  This schedule shall include:

  • Daily hours of library operation.

  • Consideration to needs of inmates assigned to day work, training, or education.

  • Consideration to needs of inmates assigned to security, segregated, and other restricted housing units.

General Population Inmates.

• All inmates in the general population shall have access to the law library collection, consistent with this section.  General population inmates who have received PLU status shall be given priority to the inmate law library collection.

Restricted Housing Unit Access.

• All inmates confined in restricted housing units shall have access to the law library, consistent with this section.  Inmates in restricted housing who have received PLU status shall be given priority for escort by correctional officers to the inmate law library collection.

Return-to-Custody and Conservation Camp Inmate Access.

• Return-to-Custody (RTCReturn To Custody) inmates who request access to law library materials shall be transferred to the nearest facility for the period of time needed to complete their legal work.  Conservation camp inmates requesting access to the law library shall be returned to their “hub” facility for the period of time needed to complete their legal research.

Inmates Identified as Disabled

• Inmates with visual or hearing impairments shall be afforded reasonable accommodations, including training and access to assistive technology, as necessary to facilitate their access to law library resources.

• Inmates in the Developmental Disability Program (DDP) shall also be afforded reasonable law library accommodations. DDP accommodations may include, but are not limited to, identification of legal research materials, and assistance in reading and scribing forms. Designated institutions shall have Library Technical Assistants (LTA) who are assigned to assist and orient DDP inmates in their use of the law and general libraries. DDP LTAs and all other library staff shall not function as paralegals, nor provide any type of legal advice, interpretation of law, opinion, or recommendation to an inmate about possible legal rights, remedies, defenses, options, or strategies.

Paging.

• When unable to access the law library, an inmate may request access to legal material through delivery of those materials to the inmate by library staff.  This process is referred to as law library paging.  An inmate shall not be limited to law library paging for access to legal materials except under extraordinary circumstances including, but not limited to, the following:

  • The inmate is directly under a prison lockdown or modified program.

  • The inmate is under restricted movement due to their medical status.

  • The inmate has been suspended from access to the law library pending investigation of a serious rule violation.

• When GLUGeneral Legal User inmates are limited to law library paging for any reason, law library staff must send the requested legal materials to their cells as soon as possible, but no later than 16 calendar days from the date of the paging request.  Law library staff must send the requested materials to PLU inmates no later than 5 scheduled working days from the date of the paging request.

Lockdown and Modified Program Access to the Law Library by Inmates.

• GLUGeneral Legal User inmates who are limited to law library paging due to a lockdown or modified program shall, whenever possible, have their law library collection access restored within 16 calendar days unless a high security risk continues to exist to prohibit law library collection access.  PLU inmates limited to law library paging due to a lockdown or modified program shall have their law library collection access restored within 5 working days unless a high security risk continues to exist to prohibit law library collection access.

Inmates who have established court deadlines may apply for PLU status to the prison law libraries.  Inmates who are granted PLU status shall receive higher priority to prison law library resources than other inmates.  All inmates who are not on PLU status are on GLUGeneral Legal User status, unless otherwise restricted as set forth in Department Operations Manual (DOMDepartment Operations Manual) section 101120.10.

An established court deadline may be either a court imposed deadline for an active case or a deadline that is established by a statute or court order.  Inmates who apply for PLU status based on a court imposed deadline must show documentation from the court to verify that deadline.

An inmate who is represented by an attorney for a case shall not be eligible for PLU status for any established court deadline pertaining to that case.  An inmate with attorney representation for the established court deadline shall be entitled to GLUGeneral Legal User status only.

Inmates shall complete and sign a CDCRCalifornia Department of Corrections and Rehabilitation Form 2171, Priority Legal User (PLU) Request and Declaration, to apply for PLU status.  Except under extraordinary circumstances, law library staff shall have seven calendar days after receipt of the completed and signed CDCRCalifornia Department of Corrections and Rehabilitation Form 2171 to process an inmate’s application.  Staff members who disapprove an inmate’s application shall provide the reasons for their disapproval on the form and shall provide a copy of that document to the inmate.

An inmate who is found to have provided false information on their application for PLU status shall be guilty of an administrative rule violation and shall not be able to obtain PLU status based on that application.

An inmate’s PLU status shall begin no earlier than 30 calendar days before the established court deadline unless the inmate can demonstrate need for a longer period of PLU status based on extraordinary circumstances beyond the inmate’s control.

PLU status is intended to assist inmates to do legal work in a quiet law library setting.  An inmate on PLU status who, while in the law library, is observed by staff to act in an unreasonably disruptive manner or to engage in non-legal work, shall be removed from the PLU list and shall be dismissed from the library for that day.  Inmates who are removed from the PLU list for these reasons shall be ineligible to reapply for PLU status for 30 calendar days, but may continue to use the law library on GLUGeneral Legal User status.

Inmates may not trade, transfer, or delegate their PLU status to other inmates.  An inmate who assists another inmate in the preparation of legal documents may not use the PLU status of the inmate being assisted.

Each institution shall maintain at least one law library collection for the use of inmates.  Except for items that are no longer published, the law library collection shall include, but shall not be limited to the following legal materials, latest edition or update, or their equivalent from other publishers:

Codes.

• Deering’s California Codes Annotated.

• Michie, United States Code Service.

Reporters.

• Michie, California Official Reports.

• Matthew Bender, California Criminal Defense Practice.

• All Federal Appeals Court Cases.

• All Federal District Court Cases.

• All United States Supreme Court Cases.

Shepards.

• United States Citations.

• Federal Citations.

• California Citations.

Secondary Sources.

• A recognized law dictionary, such as Black’s or Ballentine’s.

• Matthew Bender, California Evidence Courtroom Manual.

• Matthew Bender, California Forms of Pleading and Practice.

• The Daily Journal.

• Matthew Bender, California Criminal Discovery.

• Matthew Bender, Standard California Codes: Rules of Court.

• Michie, Federal Habeas Corpus Practice and Procedure.

• California Code of Regulations.

• California Family Law Litigation Guide.

• California Family Law Practice and Procedure.

• Civil Rights Actions.

• Cotchett, California Courtroom Evidence.

• California Juvenile Courts Practice and Procedure.

• California Superior Court Local Rules.

• Judicial Council of California Civil and Criminal Jury Instructions.

• Matthew Bender, Moore’s Federal Practice.

• Anderson, Constitutional Rights of Prisoners.

Electronic Collection.

An institution may have as many copies of the Law Library Electronic Delivery System (LLEDS) of legal titles placed in their general population libraries as needed.  Each computer loaded with a copy must be licensed.

Print Law Library

• Law books not listed in DOMDepartment Operations Manual section 101120.11, but currently existing at various facilities, may be retained in facility law libraries if they are not out of date, but need not be replaced in case of loss, theft, or mutilation.

Electronic Formats

• Electronic collections shall be kept current.  A continuing subscription to electronic law library material shall be maintained to ensure accuracy.

• Desktop LLEDS computers shall be updated by institutions’ information systems staff within 10 business days of receipt.  Touch screen kiosks shall be updated by local library staff within 10 business days of receipt.

Purchasing procedures for replacement of lost or damaged legal materials, updating the collections, obtaining supplements, revisions, and subscriptions include:

• Purchases of the annual subscriptions required to keep each inmate law library collection current, and materials to replace items lost or damaged shall be made by headquarters procurement staff.  Such purchases are to be made from inmate law library funds, not regular library funds.

• Purchases of mandated law materials lost, damaged, stolen, or missing from the facility law library shall be coordinated by headquarters library staff.  The Senior Librarian or designated library staff shall complete an annual inventory of the inmate law library and report to the Principal Librarian any lost, stolen, or missing print or electronic items or items damaged beyond use.

• Purchases of law books and other legal materials not on the required list shall be the responsibility of the facility.

As determined by the Superintendent of Education or their designee, the following supplemental legal materials or their equivalent from other publishers in electronic format, except for items that are no longer published, shall be available by means of the Law Library Electronic Delivery System (LLEDS):

• California Jurisprudence (latest edition).

Function

• The function of the circulating law library shall be to transfer digital and electronic materials to facility law libraries for the temporary use of the inmates in those facilities.

Method.

• No inmate may request law library materials directly from the circulating law library.  All requests must be processed through the library staff member designated to request materials from the circulating law library.

• Upon receiving a request from an inmate for a particular citation from the circulating law library, a facility Librarian shall immediately order that material from the Librarian of the circulation law library.  The Librarian of the circulating law library shall dispatch the citation to the requesting facility Librarian immediately upon receipt of the request, or notify the requesting Librarian that the requested item is unavailable.  When the material is received at the facility library, the Librarian shall immediately notify the requesting inmate.

• No inmate shall request more than five citations from the circulating law library during any one-week period.

• The circulating law library shall be operated in such a manner as to ensure all inmates have maximum access to the citations contained in said library.

• CDCRCalifornia Department of Corrections and Rehabilitation may contract the actual operation of the circulating law library to another agency providing that the required standards of service are retained.

Legal duplication services may be provided to inmates for the purposes of initiating or maintaining a court action.  The printed forms required by state and federal courts shall be made available to inmates.  An inmate shall be required to pay for the duplication of printed forms and other written or typed materials, and for any special paper and envelopes required for mailing to the courts so long as the inmate has more than $1.00 in their trust account or the inmate has attorney representation for the court action.  An inmate who is indigent, and is without attorney representation for the court action, shall receive legal duplicating services without charge.

A legal document to be duplicated for any inmate, including all exhibits and attachments, shall be limited to the maximum number of pages needed for the filing, not to exceed 50 pages in total length.  Inmates requesting copy services must clearly identify the pages to be copied.  Requests by an inmate to duplicate a legal document exceeding 50 pages in length shall be granted when accompanied by a reasonable written explanation of the need.  All inmate requests for duplication services must comply with applicable regulations and with DOMDepartment Operations Manual chapter 1, article 18, sections 14010.21 through 14010.21.4.

All documents submitted for copying must be complete and ready for mailing.

Copies of law book pages, law review articles, and other documents listed in DOMDepartment Operations Manual section 14010.21.3 shall not be duplicated without charge to the inmate.

A Quarterly Library Operations Report shall be completed and submitted no later than the fifteenth day of the first month of each quarter for the preceding quarter, and shall be sent to the Principal Librarian.

At the end of the fiscal year, an annual report shall be completed and submitted no later than the last working day of the first month in the new fiscal year.  The Annual Report should include a brief narrative, no longer than one page, describing the achievements and challenges of the library program during the preceding year.

The Director, Division of Rehabilitative Programs shall be responsible for ensuring that the contents of this Article are kept current and accurate.