Chapter 5 – Adult Custody and Security Operations

54100.17 Modification Orders

• A modification order is a formal instruction by the institution, parole region, or third level Appeals Chief directing a previous decision to be modified or reconsidered. Modification orders issued by the institution or the parole region at the first and second level shall be completed within 60 calendar days. Reasonable documented proof of completion of the modification order shall accompany the completed order, or a statement shall be added by the responder clarifying the action taken and why documentation is not available.

  • If, due to extraordinary circumstances, the modification order cannot be completed within these time limits, staff responsible for compliance shall notify the appeals coordinator of the reason for delay and provide a projected date of completion. The appeals coordinator shall use this information to assign a new due date, and then enter this information in the tracking system.

  • Staff responsible for complying with the modification order shall advise the appeals coordinator every 30 calendar days of the reason for delay and provide an updated projected completion date until the modification order is completed.

  • All time constraints for an appellant to submit an appeal to the next level are considered postponed up to 120 days until completion of a previous level modification order.

  • However, if the modification order is not completed after 120 calendar days of the initial issuance date, the appellant may submit the appeal to the next level for administrative review within 30 calendar days.

• Modification orders issued at the third level shall be subject to the same time constraints as local modification orders, i.e. 60 calendar days.

  • If it is not possible to comply within this timeframe, the institution or parole region shall notify the third level Appeals Chief in writing of the reason for the delay and provide a projected completion date.

  • Updates on any delay shall be provided to the third level Appeals Chief every 30 calendar days.

• Appellants shall be advised by the appeals coordinator of the reason for modification order delay and the anticipated date of completion.

  • This process shall occur every 30 calendar days until the modification order is completed.

  • Any third level appeal submission must occur within 30 calendar days of receiving a modified second level appeal response.

• Upon completion of a third level modification order, the institution/parolee region shall provide a proof of compliance memorandum to the third level Appeals Chief containing evidence of compliance with the name, signature and title of the person fulfilling the modication order. As necessary, a statement shall be added by the responder, clarifying the action taken.

• If the appellant transfers prior to the completion of the modification order, the originally assigned institution or parole region shall retain responsibility for completion of the modification order.

• In cases where a modification order is issued on an emergency appeal, the order shall specify the timeframe for the completion of the action granted. The appeals coordinator (if granted at the second level), and the third level Appeals Chief or designee (if granted at the third level), shall notify the hiring authority expeditiously of the emergency timeframe for completion of the granted action and confirm that notification was received.