Department of Corrections and Rehabilitation - Operations Manual

Cancel

Chapter 5 – Adult Custody and Security Operations

Article 53 – Inmate/Parolee Appeals

Revised October 18, 2016

View All Sections >

54100.8 Supporting Documents

  • Prior to the submission of an appeal to the appeals coordinator, the inmate or parolee shall obtain and attach all supporting documents necessary for the substantiation, clarification and/or resolution of his or her appeal issue.

    • The inmate or parolee shall not delay submitting an appeal within time limits established in DOMDepartment Operations Manual 54100.16. If unable to obtain supporting documents, he or she shall submit the appeal with all available supporting documents and provide in Part B of the CDCRCalifornia Department of Corrections and Rehabilitation Form 602 an explanation why any remaining supporting documents are not available.

    • The time limits for filing an appeal are not stayed by failure to obtain supporting documentation.

    • Failure to attach all necessary supporting documents may result in the appeal being rejected as specified in CCRCalifornia Code of Regulations Title 15 §3084.6/DOMDepartment Operations Manual §54100.11. The appeals coordinator (or when appropriate, third level Appeals Chief) shall in such circumstances inform the inmate or parolee that the appeal is rejected because necessary supporting documents are missing. The appellant shall be allowed an additional 30 calendar days to secure any missing supporting documents and resubmit the appeal.

    • The appeals coordinator may grant additional time extensions beyond the initial 30 calendar day extension if the inmate or parolee submits a reasonable explanation why the supporting documents still are not available.

    • Appellants shall not attach copies of previously processed appeals as supporting documents to the present (current) appeal, except when appealing a previously cancelled appeal or when expressly requested by the appeals coordinator. The appeals office shall clearly stamp as “attachment” any appeals form (Form 602, 602-A or 602-G) submitted as an exhibit under these circumstances.

  • Supporting documents include, but are not limited to, the inmate’s or parolee’s copy of the following:

    • Disciplinary

      • An appeal of an administrative or serious disciplinary action requires as supporting documentation the completed CDC Form 115, Rules Violation Report (RVR).

      • A disciplinary action is not considered complete until all processing requirements including the hearing, postponement, and any re-hearing are completed as evidenced by the signature of the Chief Disciplinary Officer (CDOChief Disciplinary Officer).

      • The date that the final RVR copy is issued to the appellant shall serve to establish the time limits for filing an appeal of the RVR, not the date of the disciplinary hearing.

      • An appeal of a CDC Form 128-A, Custodial Counseling Chrono requires a CDC Form 128-A to be submitted as a supporting document.

    • Classification

      • An appeal of a classification committee action requires as supporting documentation the CDC Form 128-G, Classification Chrono, reflecting the committee’s action under appeal. If the committee’s action did not include a referral to the Classification Services Representative (CSRClassification Staff Representative), the date of the committee’s action shall serve to establish the time limits for filing an appeal.

      • An appeal of a classification committee action that requires CSRClassification Staff Representative endorsement or decision including, but not limited to, affixing a suffix or assessing an administrative determinant, shall include the CDC Form 128-G reflecting the CSRClassification Staff Representative’s endorsement or decision. The date of the CSRClassification Staff Representative’s endorsement or action shall serve to establish time limits for filing an appeal.

      • An appeal of a classification committee action recommending transfer to another facility, prison, or program requiring CSRClassification Staff Representative endorsement or decision, shall include as a supporting document, the CDC Form 128-G reflecting the CSRClassification Staff Representative’s endorsement or decision. The filing of an appeal of a transfer endorsement/decision shall not normally be cause to stay or delay the transfer except in extraordinary circumstances and at the discretion of the Warden or designee.

    • Parole

      • An appeal of conditions of parole, including special conditions, requires as supporting documentation the inmate/parolee’s CDCRCalifornia Department of Corrections and Rehabilitation Form 1515, Notice and Conditions of Parole. A verified copy of the original Notice and Conditions of Parole shall be accepted by the appeals coordinator in place of the parolee’s copy.

      • An appeal of county of last legal residence may be submitted within 30 calendar days following the inmate’s receipt of the CDCRCalifornia Department of Corrections and Rehabilitation Form 611, Release Program Study, which is completed and returned to the institution/facility by the parole region.

    • Mail

      • An appeal of disallowed/disapproved mail, magazine, or publication shall include as a supporting document the CDCRCalifornia Department of Corrections and Rehabilitation Form 1819, Notification of Disapproval-Mail/Packages/Publications, which is received by the inmate informing him or her of the disapproval of the mail, magazine, or publication under appeal.

    • Property

      • An appeal of a property issue resulting from a cell/dorm/room search shall include the search receipt as a supporting document.

      • An appeal of a property issue arising from the inmate’s placement in segregated housing shall include a copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1083, Inmate Property Inventory, reflecting staff’s inventory of the inmate’s property at the time of his/her placement in segregated housing.

      • An appeal of a property issue arising from the inmate’s transfer shall include a copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1083 from the sending institution which reflects staff’s inventory of the inmate’s property in preparation for the inmate’s transport/transfer, and a copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1083 provided to the appellant at the time of receipt of his/her property at the receiving institution.

    • CDCRCalifornia Department of Corrections and Rehabilitation Form 22

      • The original of the CDCRCalifornia Department of Corrections and Rehabilitation Form 22, Inmate/Parolee Request for Interview, Item, or Service, processed through the supervisory level pursuant to CCRCalifornia Code of Regulations Title 15 §3086 need not be included as supporting documentation in the following appeal instances:

        • Classification committee actions.

        • Classification Staff Representative endorsements/decisions.

        • Disciplinary rules violations.

        • Emergency appeals.

        • Involuntary psychiatric transfers to state hospitals or Department of Mental Health Facilities.

        • Staff complaints.

        • CALPIACalifornia Prison Industry Authority (formerly PIA) Health or Safety complaints.

        • Any appeal wherein the appeals coordinator determines that the appellant’s submittal of a CDCRCalifornia Department of Corrections and Rehabilitation Form 22 is unwarranted and/or would not contribute to the outcome of the appeals process.

      • An inmate or parolee who intends to file an appeal shall not delay in filing the appeal if the written request process is not yet complete. The inmate or parolee shall note on the CDCRCalifornia Department of Corrections and Rehabilitation Form 602 that a response is pending at the time of the appeal submission.

      • If a completed CDCRCalifornia Department of Corrections and Rehabilitation Form 22 is essential for further appeal processing but not yet available to the appellant, the appeals office shall date stamp the appeal and reject it for missing documentation. However, the appellant will have met time constraints pending subsequent receipt and attachment of the pertinent CDCRCalifornia Department of Corrections and Rehabilitation Form 22.

      • In the event the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 22 is not received by the appellant within 30 days of the appeal being rejected by the appeals office, the inmate or parolee shall send the appeal to the appeals office and request processing without the form. The appeals office may grant an additional extension if receipt of the form appears likely or process the appeal without such documentation.