Chapter 6 – Adult Classification

California statute permits the Director to authorize temporary release and removal of inmates from prison. The Director requires careful screening and control of such releases to avoid risk to the community. Institution, parole, and community correctional center personnel shall approve temporary releases/removals only as permitted by these standards and procedures.

This procedure defines staff responsibilities and provides criteria for granting, denying, and administering temporary removals of inmates from the Department facilities.

Inmates may be approved for temporary community leaves (TCLs) for:

• Inmate Requested

  • Family emergencies.

  • Prerelease planning.

  • College courses.

  • Reentry furlough.

• Removal for Departmental Reasons

  • Medical/psychiatric.

  • Release to Hold.

  • Off-site work assignments.

  • Community betterment.

  • Disaster relief teams.

  • Court ordered.

Approved leaves shall be for no longer than necessary to accomplish the stated purpose but shall not exceed 72 hours in length. Medical/psychiatric and court order removals are not statutorily restricted to the 72-hour limitation.

TCLs may include the following conditions:

• Inmates may be required to be under custodial escort.

• Personal funds shall be provided by the inmate to cover requested leave expenses prior to approval.

• Temporary removals initiated by the Department shall be made at no cost to the inmate.

• Volunteer staff escort for family emergency and prerelease leaves may be provided only under strict conditions as outlined in the DOMDepartment Operations Manual 62070.4.2 Custodial Escort.

• All TCLs from a prison facility shall require Warden or designated AWAssociate Warden approval.

• Leaves from contracted community correctional center facilities shall require approval of the reentry specialist.

• Leaves from noncontracted community correctional centers shall be approved by the facility manager.

• Temporary leave for parolees in custody pending revocation proceedings requires approval of the assistant Regional Administrator.

Out-of-State Travel (Prohibited)

• Temporary leaves for out-of-state travel shall not be approved for any reason.

Inmates shall not be permitted a TCLTemporary Community Leave when the following conditions prevail:

• Inmate is serving life without possibility of parole.

• When weapons or restraint equipment must be utilized to escort.

• When inmates are out-of-state cases and safekeepers, unless approved by agency retaining jurisdiction.

• When inmates are CYASee Division of Juvenile Justice (DJJ) /DMHDepartment of Mental Health (see Department of State Hospitals DSH) [concurrent (CCCorrectional Counselor) jurisdiction] cases, unless approved by those agencies.

• When inmates are determined to be security/custody risks.

• Examples are:

  • Escape risk.

  • Has made verified threats toward victims, witnesses, family members as defined in Section 3000 of the Title 15, departmental staff or public officials.

  • Inmate exhibits a pattern of serious aggressive behavior that is supported by disciplinary documentation.

Custodial escort for a TCLTemporary Community Leave is defined as a Department peace officer properly trained and certified in escort of inmates. Certification requires completion of annual ISTIn-Service Training classes mandated for peace officer staff on transportation and escort of inmates. Custodial supervision shall be required for inmates who possess any of the following case factors:

• Designated other than Minimum-B custody.

• Psychiatric cases documented by the chief psychiatrist as not being a danger to self or others.

• Housed in AD-SEGAdministrative Segregation for protection only.

• Has a felony detainer or is serving a concurrent or consecutive county jail sentence, a portion of which must be served upon release from Department custody.

• Identified with organized crime.

• Convicted of high notoriety crimes or where presence in a community would likely cause adverse reaction.

• Designated “R” suffix (restricted custody).

Restricted to funeral visit only

• No parole date or has seven or more years remaining to parole.

  • Inmates in this category shall only be considered for a TCLTemporary Community Leave to attend a funeral of an immediate family member as defined in Section 3000 of the CCRCalifornia Code of Regulations.

Unavailability of Escort Staff

• Unavailability of qualified escort personnel shall be cause to deny a TCLTemporary Community Leave request.

The escorting employee(s) shall be paid in accordance with current payroll requirements. All meals and other escorting expenses including wages of escort shall be reimbursed through inmate trust account funds in accordance with DPADepartment of Personnel Administration (see CalHR) regulations and departmental policy.

Peace officer staff properly trained and certified in the escort of inmates, and exempt from provisions of the FLSAFair Labor Standards Act may volunteer their time for the purpose of escorting indigent inmates.

Volunteer Escorts

• Employees who voluntarily escort without monetary compensation shall be considered “on-duty” during the period of such assignment.

Transportation

• Transportation for escorted TCLs shall be by state vehicle or public transportation. Transportation for indigent inmates with volunteer escort shall be by state vehicle only. The most direct route of travel shall be used by escorting staff. Escorting staff shall maintain strict adherence to the TCLTemporary Community Leave itinerary. Deviation from established itinerary shall be permitted for genuine emergencies only.

Overnight Lodging

• Escorted leaves for a period longer than 16 hours shall require prior confirmed arrangements for overnight housing in a departmental institution or county jail facility within the TCLTemporary Community Leave area.

Emergency leaves may be granted for attendance at a funeral service or hospital bedside visit of a critically ill immediate family member as defined in Section 3000 of the Title 15 except as provided in DOMDepartment Operations Manual 62070.4.2 (no parole date or has seven or more years remaining to parole.)

Immediate Family defined

• Immediate family member as defined in Section 3000 of the Title 15 includes any of the following:

  • Legal spouse.

  • Registered domestic partner.

  • Natural parents.

  • Adoptive parents (if adoption occurred and a family relationship existed prior to incarceration).

  • Step-parents.

  • Foster parents.

  • Grandparents.

  • Brothers and sisters.

  • Children.

    • Natural.

    • Adoptive.

    • Step.

  • Grandchildren.

• Note: Aunts, uncles, and cousins are not considered immediate family unless a genuine and verifiable foster relationship existed prior to incarceration.

The inmate’s caseworker:

• Receives request from the inmate, family members as defined in Section 3000 of the Title 15, or other persons identifying the reason for an emergency leave request (death/hospital/visit).

Caseworker Review and Verification

• Thoroughly verifies that request and circumstances are valid. This verification process shall include, but is not limited to:

  • Verify immediate family relationship.

  • Contact hospital/attending physician, county coroner, and funeral director for complete details surrounding death and funeral arrangements.

  • If death was by other than natural causes, or the death is under investigation, contact necessary law enforcement agencies to determine causes and circumstances of death.

  • Attending physician shall be personally contacted. Attending physician shall verify that the immediate family member’s condition is classified as critical and the physician’s prognosis for recovery determined.

Hospital Visit Critically ill

• A statement from the attending physician shall be solicited regarding a recommendation that the inmate’s visit will/will not be beneficial to the patient’s treatment, or that the patient is in imminent danger of death.

Review and verification

• The nature and circumstances of the illness/injury shall also be determined and evaluated with respect to safety/security decisions.

  • Verify that inmate wants to pursue the TCLTemporary Community Leave.

  • Obtain inmate C-File and thoroughly review all case factors, confidential information, if any, and determine if inmate meets initial approval criteria.

Preliminary Determination

• If preliminary review of case factors reveals ineligibility for a TCLTemporary Community Leave, or other specific information reflects a strong probability of denial, further TCLTemporary Community Leave processing shall be suspended. A CDC Form 128-B, Information Chrono shall be prepared by the caseworker outlining the ineligible/negative facts with a recommendation to deny the TCLTemporary Community Leave request. The chrono shall be referred to the designated approving authority for review and signature, or a decision to proceed with TCLTemporary Community Leave processing.

Review and Verification

• If decision is to continue TCLTemporary Community Leave processing, review all other case factors including disciplinary history, prison/street gang affiliations, commitment circumstances and custody level to determine recommendations for escorted versus nonescorted leave.

Parole/Community Correctional Center (Inmates under Escort)

• In community correctional center settings, classified inmates will not normally require staff escort. However, escort may be considered necessary for assigned inmates with serious disciplinary actions pending. Inmates who have been placed in a county jail pursuant to PCPenal Code 6253(b), or who have a hold pending, shall require custodial escort.

• In cases of parolees in custody pending revocation proceedings, the Parole Agent shall be required to follow all TCLTemporary Community Leave review and verification procedures to determine escort recommendations. Reasons and circumstances surrounding in-custody status shall be carefully evaluated. All in-custody parolee cases with a hold shall require staff escort.

Caseworker Preparation of CDC Form 601 (TCLTemporary Community Leave) Information

• A CDC Form 601, Request for Temporary Community Leave, shall be completed and all required signatures obtained for all TCLs.

• The caseworker shall establish and recommend the required length of leave, (exact departure and return times), determine reasonable cost estimate to cover leave expenses, and ensure that the funds are in the inmate’s trust account prior to final approval. If funds are not available and no volunteer escort is obtained, the TCLTemporary Community Leave request shall be denied and properly documented on a CDC Form 128-B, Information Chrono.

• All family emergency/prerelease leaves from an institution shall require caseworker contact with Parole authorities and the leave purpose and itinerary outlined. This contact shall be reflected in the verification section of the CDC Form 601.

TCLTemporary Community Leave Clothing

• Arrangements for civilian clothing for the inmate during the TCLTemporary Community Leave shall be made by the assigned caseworker based upon local facility supplements.

It is the assigned caseworker’s responsibility to ensure, either directly or indirectly, that all required documentation for an emergency TCLTemporary Community Leave is properly processed, signed, and presented to the designated centralized location of the inmate’s release. Specified records office staff shall assist in providing these services.

• Family emergency/prerelease leaves from the institutions shall require preparation of a CDC Form 161, Checkout Order. A CDC Form 193, Inmate Trust Account Withdrawal, shall be prepared to cover TCLTemporary Community Leave expenses.

Community Correctional Center inmates

• In cases of community correctional center inmates approved for ongoing release to attend work, training, or educational programs, a CDC Form 601 shall be required for initial approval only. This approved form shall authorize ongoing releases thereafter and shall be maintained on file at the local facilities.

Escape Notification

• Leaves under escort shall require the preparation of an inmate identification card with two recent photographs (front view/profile view) which contains all necessary all points bulletin (APBAll Points Bulletin) information. In the event of escape, this information shall immediately be presented to the nearest law enforcement agency by escorting personnel. The escort(s) shall then notify their institution/parole region and report the incident.

Funds/Medication

• The caseworker shall ensure that all documents, including advance funds for the TCLTemporary Community Leave and authorized medications for the inmate are included in the TCLTemporary Community Leave package. For prerelease TCLs up to $100 of the inmate’s $200 release funds may be advanced upon approval by Parole Agent, to cover specific personal expenses, i.e., clothing, food, and carfare. (This advance allowance shall not be permitted for reimbursement of community correctional center fee charges.) Escort Staff Briefing When possible, the caseworker shall personally discuss the TCLTemporary Community Leave plan and inmate case factors with escorting personnel prior to TCLTemporary Community Leave departure. If personal contact cannot occur, any special instructions or extraordinary information pertinent to the TCLTemporary Community Leave shall be documented on a CDC Form 128-B or memorandum to the escorting staff and included in the escort package for the TCLTemporary Community Leave. Additional briefing of escort personnel by custodial supervisors prior to departure may be required.

TCLTemporary Community Leave Log

• A temporary community release log shall be maintained in a designated location at all facilities. The following staff shall be responsible for maintaining this log:

  • Institutions: Watch Commanders.

  • Community correctional centers: Reentry Specialist.

  • Paroles: Unit Supervisors.

• The chronological log (see attached exhibits A&B), shall require a listing of the inmate’s name, prison number, date and time of departure, scheduled return time, and actual return time. All log entries shall reflect the date and signature of the employee making the entry.

Failure to Return

• Inmates who fail to return from a leave within the designated time period shall be charged with escape. If staff is notified that the inmate’s return has been unavoidably delayed, arrangements shall immediately be made to place the inmate in custody at the nearest Department facility.

Searches Upon Return

• Upon return from a TCLTemporary Community Leave, a search of the inmate shall be conducted by institution/facility staff to prevent the introduction of contraband. The degree and extent of the searches (clothed, unclothed, electronic, etc.) shall be determined by institution/facility security requirements.

Interviewing the Inmate

• A post leave interview shall be conducted with all inmates returning from family emergency/prerelease leaves. The caseworker shall conduct the interview if on duty when the inmate returns. The institution watch commander, watch sergeant, or reentry staff on duty shall conduct the interview if the inmate returns after normal work hours or on weekends and holidays.

• The interview shall be documented on the post leave review section of the CDC Form 601. In cases of a return from a funeral or critically ill bedside visit, a close evaluation of the inmate’s escape potential or other signs of unusual behavior shall be made. If post leave interview is conducted by custody staff, a follow-up interview shall be held by the caseworker upon their return to duty. All original and post leave TCLTemporary Community Leave documents shall be placed and maintained in the inmate’s C-File or the reentry facility file if applicable.

Prerelease planning leaves may be granted for the following reasons:

• Employment interviews.

• Making residential arrangements.

• Taking employment examinations.

• Obtaining business/profession licenses related to employment plans.

• Testing/registering for academic or vocational programs to begin after release date.

• Handling other specific business/personal matters related to reentry, as determined necessary by departmental staff.

All general criteria outlined in DOMDepartment Operations Manual 62070.4 shall be applicable to prerelease planning leaves.

The following release date criteria shall be established on inmates prior to considering a prerelease planning TCLTemporary Community Leave request:

• Parole date is within 90 days or less (institutions).

• Discharge date is within 90 days or less and inmate has been approved for community correctional center placement.

• Inmate is housed in a community correctional center and is within 180 days or less to parole.

Exclusion

• See DOMDepartment Operations Manual 62070.4.1.

Criteria outlined in DOMDepartment Operations Manual 62070.4.2 (Custodial Escort) shall apply for all prerelease leaves.

Considerations:

• Determinate Sentence Law (DSLDeterminate Sentence Law) PCPenal Code 1170. Inmates sentenced under PCPenal Code 1170 may be granted a normal prerelease TCLTemporary Community Leave up to 60 days prior to their parole date.

• Indeterminate Sentence Law (ISLIndeterminate Sentence Law) PCPenal Code 1168. Inmates sentenced under PCPenal Code 1168 may be granted a prerelease TCLTemporary Community Leave up to 63 days prior to their parole date.

This differs from the 60-day limit for DSLDeterminate Sentence Law cases to allow for an advancement of up to 60 days on parole dates by parole authorities for inmates sentenced under this law.

Normal TCLTemporary Community Leave Defined

• A normal prerelease TCLTemporary Community Leave is one that may be approved on inmates for the reasons outlined in DOMDepartment Operations Manual 62070.6 (Prerelease Planning Leave) and who have 60/63 days or less remaining to parole (or discharge if approved for community correctional center placement).

Exceptional TCLTemporary Community Leave defined

• An exceptional prerelease TCLTemporary Community Leave is one which may be approved on inmates who are within 90 days or less to parole (or discharge if approved for community correctional center placement) for purposes of taking civil service examinations, attending special employment interviews, college enrollment or entrance examinations, etc., when it has been verified that the event will not be scheduled within the 60-day period prior to release.

• Exceptional prerelease planning leaves require personal approval by the Warden and RPARegional Parole Administrator.

Note: A written report by the Warden to the Assistant Deputy Director, Institutions Division, shall be prepared, outlining the reasons for approving the exceptional leave.

Parole Agent

• A prerelease TCLTemporary Community Leave may be initiated by either parole or institution staff upon request of the inmate.

• When TCLTemporary Community Leave is initiated by paroles and the inmate is in an institution, the Parole Agent shall be responsible for verifying that the request is valid through field contacts and other necessary methods. The Parole Agent shall supply institution staff with all available information; i.e., names and addresses of all contacts to be made by the inmate, reasons for TCLTemporary Community Leave, itinerary to be followed, and recommended length of leave to accomplish the purposes outlined.

Caseworker

• When the TCLTemporary Community Leave is initiated from an institution, the caseworker shall contact the assigned Parole Agent, outline the reasons and information concerning the prerelease leave request and obtain the agent’s agreement on the necessity for the leave. Whether institution or parole initiated, approval for the leave shall be required by both the Warden and the parole unit supervisor.

The screening and review requirements and responsibilities outlined in DOMDepartment Operations Manual 62070.5.1 shall apply for prerelease planning leaves.

The verification processes for prerelease planning leaves shall only differ from an emergency leave by who shall be contacted to verify the leave plan of the inmate.

Prerelease TCLs shall be processed as outlined in DOMDepartment Operations Manual 62070.5.2.

Inmates may be released on parole from a TCLTemporary Community Leave under the following conditions:

• Indeterminate sentence law cases (ISLIndeterminate Sentence Law)

  • An advancement of up to 60 days on a parole date may be approved by a Parole Agent for inmates sentenced under ISLIndeterminate Sentence Law. This advancement may occur while an inmate is on a prerelease planning leave and is contingent on parole staff’s approval of the inmate’s confirmed employment/residential plans and following criteria:

  • No advancement shall be approved to release inmates prior to their minimum eligible parole date.

  • The releasing authority has not specifically directed that the parole date is not to be advanced.

  • There are no administrative reasons prohibiting the parole advancement; i.e., pending serious disciplinaries, rescission proceedings, etc.

  • Any and all specified parole conditions have been fully met.

  • The PAProgram Administrator has authorized, in writing (CDC Form 1504, Parole Release Authorization), the parole advancement in accordance with BPT rules. The CDC Form 1504 shall be forwarded to the institution.

• Determinate Sentence Law Cases (DSLDeterminate Sentence Law)

  • Advancement of a parole date cannot be granted for an inmate sentenced under DSLDeterminate Sentence Law. However, an inmate under DSLDeterminate Sentence Law shall be released to parole while on a TCLTemporary Community Leave when the leave extends to the inmate’s established release date. This may occur in rare instances where a leave is approved within the three day period prior to the inmate’s established parole date.

The parole unit supervisor shall be responsible for notifying the institution when an inmate is paroled from a TCLTemporary Community Leave. The following actions shall be taken:

• Parole Staff

  • The unit supervisor shall notify the institution by FAX (Attention): C&PRClassification & Parole Representative, of the inmate’s parole advancement and release to parole from a TCLTemporary Community Leave.

  • The unit supervisor shall sign and process the CDC Form 611, Release Program Study, outlining the factors for authorizing the release.

• Institution Staff

  • Upon receipt of FAX authorizing the inmate’s release to parole from a TCLTemporary Community Leave, the C&PRClassification & Parole Representative shall notify the inmate’s captain, caseworker, and facility watch commander that the inmate has paroled from the TCLTemporary Community Leave.

  • The C&PRClassification & Parole Representative shall direct the CCRMCorrectional Case Records Manager to process and complete all parole records on the inmate.

• Personal Property

  • The captain shall be responsible to coordinate the disposition of the inmate’s personal property with receiving and release (R&RReceiving and Release) and parole unit staff.

  • If parole from the TCLTemporary Community Leave is anticipated prior to the inmate leaving the institution, the inmate shall be required to sign a CDC Form 193, Inmate Trust Account Withdrawal, to cover the cost of shipping the inmate’s personal property, including any personal handicraft materials. The inmate shall be required to supply staff with the name and complete address to where the property shall be shipped.

  • If parole while on TCLTemporary Community Leave was not anticipated, the Parole Agent shall be contacted for instructions regarding the disposition of the inmate’s personal property. Under this condition, the costs for shipping the property to the designated location shall be deducted from the inmate’s release fund

Inmates determined to require immediate contact with a Parole Agent upon release may be granted a TCLTemporary Community Leave up to three days prior to their parole date under the following conditions:

• The inmate’s established parole date falls on a weekend or holiday.

• Special medication needs or other case factors have been documented by the Parole Agent on the release program study form specifying the need for immediate contact and requesting the early release.

• The inmate is eligible for an unescorted TCLTemporary Community Leave.

Responsibilities PAROLE AGENT/C&PRClassification & Parole Representative The Parole Agent shall initiate the TCLTemporary Community Leave and make all itinerary, travel, and reporting arrangements surrounding the leave.

The institution C&PRClassification & Parole Representative, upon receipt of the request and information, shall process the TCLTemporary Community Leave for this purpose.

Inmates not eligible for an unescorted TCLTemporary Community Leave, but requiring immediate contact upon release, shall be picked up by the Parole Agent on their established release date.

Temporary leaves may be granted to inmates for the purpose of attending college classes. College leaves shall require approval of the Warden and the Director.

Inmates with case factors as outlined in DOMDepartment Operations Manual 62070.4.1 (Exclusion Criteria) and DOMDepartment Operations Manual 62070.4.2 (Criteria for Custodial Escort) shall not be approved for a college leave.

College leaves shall be considered only when the college courses or fields of study are not offered at the institution or facility where the inmate is being housed.

Approval/denial shall be contingent on college staff’s agreement to accept the inmate for enrollment.

Funding and Transportation

• All expenses involved in an approved off-site college education program shall be borne by the inmate. A lack of funds to cover such expenses shall be cause for denial. Arrangements for transportation to and from the college program shall be the responsibility of the inmate and shall be approved by institution/facility staff.

The initial request by an inmate for a college leave shall be by the institution supervisor of education who shall perform the following functions:

Supervisor of Education

• Consult with the inmate and develop a program objective and attendance plan.

• Contact college staff and mutually review the program objectives, attendance plan, and the inmate’s educational qualifications to pursue the program outlined.

• Obtain written approval from college officials to accept the inmate for enrollment.

Caseworker

• The caseworker shall thoroughly review the submitted plan and take the following actions:

  • Review and verify the request for the leave utilizing the basic criteria as outlined in DOMDepartment Operations Manual 62070.5.1.

  • Process the request as outlined in DOMDepartment Operations Manual 62070.5.

  • Prepare a memorandum for the Warden, to the Director, citing the request. This document shall outline the inmate’s commitment offense, criminal history, institution adjustment, custody classification, parole/discharge date, and educational achievements. The memorandum shall also include the personal

Temporary community leaves from community correctional centers are subject to all criteria, screening, review/verification, and approval methods previously outlined in this section.

CDC Form 601 [Temporary Community Release (TCRTemporary Community Release)]

• A CDC Form 601 shall be processed for all approved leaves. Leaves (furloughs) for the purpose of routine time and travel to and from established work/educational programs requires a one-time processing of a CDC Form 601 as outlined in DOMDepartment Operations Manual 62070.5.2 (Community Correctional Center Inmates).

Leaves may be approved for reentry inmates for the purposes outlined in DOMDepartment Operations Manual 62070.3 (Inmate Requested Temporary Removals). Additionally, short-term facility leaves of not more than six (6) hours, between 0700 and 2100 hours, may be approved for personal business/convenience purposes as described below:

• Purchases of personal items, i.e., clothing, hygienic supplies, food, tools, etc.

• Medical/dental appointments.

• Developing release plans with Parole Agent or social services agencies.

• Attending religious services.

• Making employment arrangement.

• Participating in approved social/recreational activities.

Note: Leaves granted for the above purposes shall not be deducted from the allotted hours for regular TCLs described in subsequent DOMDepartment Operations Manual 62070.8.3 (Leave Hour Allotments).

All reentry leaves requested by inmates (except family emergency TCLs) shall in addition to other criteria outlined, require the following:

• Housed at the facility a minimum of seven (7) days.

• Completed orientation, facility classification, and have an established action plan approved by facility staff.

• Be current on payment of facility fees.

• Have no disciplinaries pending.

• A minimum of twelve (12) hours has elapsed since last approved TCLTemporary Community Leave.

Emergencies During orientation period

• A request for a family emergency TCLTemporary Community Leave during the period of reentry orientation shall require a classification committee action to review case factors and confirm the inmate’s custody level. This classification action shall be used (with other criteria outlined for approval/denial of emergency TCLs) to determine escort/non-escort requirements. This action may be done in absentia, providing no adverse actions are taken.

The maximum number of hours permitted for prerelease planning leaves in a community correctional center are:

• Sixty hours during the first month.

• Ninety-six hours during the second month.

• One hundred forty-four hours during the third and subsequent months.

Note: These leave hour allotments are a privilege and are subject to loss or reduction through formal disciplinary actions.

Although no leaves will be approved for periods longer than necessary to accomplish the stated purposes, the following maximum limits shall apply:

• Furloughs.

  • Furlough leaves for attending established work, academic or vocational training programs shall be limited to twelve hours per day.

• Short Term Facility Leaves (passes).

  • Limited to six hours per day.

• Family Leaves/Prerelease Planning.

  • Leaves for purposes of re-establishing family ties and special preplanning leaves requiring an extended absence to accomplish shall be limited to thirty-six hours.

• Family emergency.

  • Family emergency TCLs shall be limited to the time necessary to complete the purpose however not more than seventy-two hours.

Travel Limits

• All temporary leaves from a reentry facility (excluding emergency leaves) shall be limited to a thirty-mile radius unless a longer distance is specifically approved in writing by the supervisor/facility manager.

Advance Notice Requirements (Inmate)

• It shall be the inmate’s responsibility to make advance requests for specific types of leaves within the following minimum time periods:

  • Less than twelve hours; twelve hours in advance.

  • Overnight; forty-eight hours in advance.

The reentry specialist, upon notification by the inmate of a proposed employment/training program, shall take the following actions:

• Evaluate the proposed employment/training program.

• Contact and inform the proposed employer of:

  • Inmate’s status.

  • Limits placed on inmate.

  • Need for cooperation between employer and agent.

  • Frequency of contacts required.

• Ensure that employer is reputable, possesses a business license, pays by check, withholds State/Federal Income Tax, and State Disability Insurance.

• Assess distance of job/training program from facility.

• Evaluate means of transportation to be used.

• Ensures that inmate’s criminal background/case factors does not preclude job assignment.

• Verify that job/training hours do not violate the 12-hour daily time limit.

• If proposed program is for education/vocational training:

  • Determine a well defined need exists for inmate to participate in the program.

  • Determine that program will lead to employment before or shortly following parole.

Upon verification and approval of an inmate’s job or training program, an in absentia CDC Form 128-G, Classification Chrono shall be prepared by the reentry specialist with a signature block for the facility manager, which shall be signed. The chrono shall include the following:

• Description of program/job.

• Rate of pay.

• Hours that inmate will leave and return to facility.

• Type/means of transportation.

• Any specific instructions to be given to the inmate.

Reentry facility managers shall be responsible for establishing and maintaining the following controls on inmate’s approval for job/training furloughs:

• Maintain a daily roster on all approved inmate furloughs which contains:

  • Complete daily itineraries.

  • Scheduled departure and return times.

  • Name of contact person at program site.

  • Address and phone number of program location.

  • Daily contact/verification section.

• Require that a facility staff member makes daily telephone contacts with designated contact person, confirms the inmate’s compliance with the program/itinerary and records this contact in facility roster.

Inmates may be temporarily removed from an institution to a community medical facility for medical, psychiatric, or dental purposes under conditions outlined in this section.

Medical removals shall be authorized for the following:

• Medical, dental, or psychiatric examination, diagnosis or treatment that is not available at the institution or within other medical facilities of the Department.

• Emergencies, wherein immediate care and treatment cannot be provided at the institution and transfer to another institution that may provide the service is not reasonable.

Temporary removals for medical reasons shall be approved by the CMOChief Medical Officer, the AWAssociate Warden responsible for the inmate, and the Warden or chief deputy Warden.

Weekends, Holidays, and After Normal Work hours

• Medical emergencies requiring removal of inmates to a community medical facility occurring after normal work hours, or on weekends and holidays, may be authorized by the institution watch commander, and/or the administrative officer-of-the-day (AODAdministrative Officer of the Day). When time permits, the facility watch commander shall seek prior approval from the AODAdministrative Officer of the Day for the emergency removal. When immediate contact is not possible, the AODAdministrative Officer of the Day shall be notified as soon as possible and all details of the removal reported.

During normal work hours, the CMOChief Medical Officer shall direct medical staff to complete a CDC Form 7252, Request for Authorization of Temporary Removal for Medical Treatment. A separate CDC Form 7252 shall be required for every removal.

AWAssociate Warden

• The CDC Form 7252 shall be forwarded to the AWAssociate Warden in charge of the inmate for a custody/security review. The AWAssociate Warden level review shall require the following:

  • A review of the inmate C-file to determine escape/violence potential, commitment offense, sentencing status, custody level, etc.

  • Determine in writing, the type and degree of security/custody escort required. This order shall include:

    • Type and amount of restraint equipment.

    • Number of escort personnel.

    • Type of transportation.

    • Type and number of weapons to be used.

    • Any special security instructions, i.e., additional escort vehicles, specific travel routes, etc.

• Note: All removals for medical/psychiatric purposes shall require custodial escort. The type and degree of escort shall be determined by the above procedure and as outlined in DOMDepartment Operations Manual 55060, Transportation of Inmates. Hospital coverage shall also be determined by this section.

Warden

• The CDC Form 7252 shall be forwarded to the Warden or chief deputy Warden for final approval.

Records Office staff

• Records office staff shall process the requirements to effect the removal as outlined in DOMDepartment Operations Manual 62070.5.2, Temporary Community Leave. The original CDC Form 7252 shall be placed in the inmate’s C-file and a copy in the inmate’s medical file.

When medical emergencies occur during other than normal work hours requiring an inmate(s) removal to a community medical facility, the senior medical staff person on duty shall:

• Contact the assigned medical officer-of-the-day (MODMedical Officer of the Day) and describe the medical circumstances.

• Receive emergency medical/treatment instructions from the MODMedical Officer of the Day.

• Obtain verbal approval from the MODMedical Officer of the Day to remove the inmate(s) to an appropriate community medical facility based on circumstances of the injury/illness.

• Notify the watch commander and report all details and instructions.

Watch Commander/AODAdministrative Officer of the Day

• The institution/facility watch commander shall be responsible to coordinate and effect emergency medical removals during non business hours.

• The watch commander shall assume the responsibilities outlined for the AWAssociate Warden in DOMDepartment Operations Manual 62070.9.2 for medical removals under these described conditions. The AODAdministrative Officer of the Day, if present or in contact during the emergency, shall assume responsibility for authorizing the removal.

Custodial Coverage Community Hospital

• The AODAdministrative Officer of the Day and watch commander shall ensure that appropriate custodial coverage is provided at the community hospital as outlined in DOMDepartment Operations Manual 55060, Transportation of Inmates.

California statute authorizes the Department to release inmates whenever official detainers are on file from other law enforcement jurisdictions within the state.

Inmates that have scheduled release dates and are to be released to a “Hold” lodged by a law enforcement or other agency may be:

• Released to the agency lodging the detainer within five days, or five court days, if the law enforcement agency lodging the detainer is more than 400 miles from the county in which the institution is located, prior to the scheduled release date, provided the inmate remains in custody until the scheduled release date.

• Retained in custody of the Department up to five days, or five court days, if the law enforcement agency lodging the detainer is more than 400 miles from the county in which the institution is located, after the scheduled release date to facilitate pickup by the agency lodging the detainer.

Incarcerated persons or supervised persons scheduled to be released to an active Immigration and Customs Enforcement (ICE) Hold, Warrant, or Detainer (HWDHolds/Wants/Detainer) shall be released as follows:

• Release the incarcerated persons or supervised persons to the ICE officials within five days prior to the scheduled release date if the agency is within 400 miles of the releasing institution, or five court days prior to the scheduled release date if the agency is more than 400 miles from the releasing institution, provided the incarcerated persons or supervised persons are kept in custody until the scheduled release date.

• Pursuant to PCPenal Code 4755(a), an incarcerated person with an ICE HWDHolds/Wants/Detainer may be released to ICE prior to their scheduled release date.

• An incarcerated person with an ICE HWDHolds/Wants/Detainer shall not be retained beyond their scheduled date of release.

• Consistent with PCPenal Code 3060.7, in the event an incarcerated person with an ICE HWDHolds/Wants/Detainer scheduled release date falls on a Friday or the day before a holiday, the incarcerated person’s release date shall be adjusted consistent with the current year’s PCPenal Code 3060.7 release schedule.

• If the ICE officials cannot pick up an incarcerated person or supervised persons within the required time limitations, notations shall be made on the Active ICE HWDHolds/Wants/Detainer, that ICE cannot pick up the incarcerated person or supervised person. The notations shall include date, time, name of ICE official spoken to, and name of the Department staff person making the notation. The incarcerated persons or supervised persons are to be given reporting instructions and released to parole (or discharged if applicable) providing there is no other HWDHolds/Wants/Detainer or reason that would preclude release.
  

The C&PRClassification & Parole Representative and CCRMCorrectional Case Records Manager shall be responsible to coordinate the release of inmates under detainer status and contact the agency lodging the detainer.

Records Staff (Early Release)

• When it is determined that an agency with a hold will assume custody of an inmate prior to the scheduled release date, the following actions shall be taken:

  • A CDC Form 161, Checkout Order, shall be prepared reflecting the date of release to the agency and the actual parole date of the inmate. This information shall facilitate accurate OBISOffender Based Information System entries.

  • A CDC Form 801, Department Detainer, shall be prepared on the inmate with a notation not to release prior to scheduled parole date.

  • Follow all other established parole release procedures as outlined in DOMDepartment Operations Manual 75010, Case Records.

C&PRClassification & Parole Representative (Notification to Inmate)

• Inmates retained in Department custody beyond their scheduled release date to facilitate pickup, shall be notified in writing (CDC Form 128-B) by the C&PRClassification & Parole Representative. The CDC Form 128-B, shall specify the following:

  • Information regarding the detainer.

  • Agency requesting the extension.

  • Date of scheduled release to the agency assuming custody.

Inmates may be temporarily removed from an institution/facility for the purpose of performing work related to the institution/facility or other state/federal agencies and subdivisions as authorized by California statute.

Inmates with case factors outlined in DOMDepartment Operations Manual 62070.4.1 and 62070.4.2 shall not be considered for off-site work assignment (OSWAOff-Site Work Assignment). Inmates convicted for, or with a history of arson, or inmates with five or more years remaining to their established release date, shall also be excluded from ORWA.

All removals for ORWA purposes shall be under custodial escort. Photographs and escape information shall be in possession of escort personnel as described in DOMDepartment Operations Manual 62070.5.2. Inmates shall be attired in prison clothing. Travel routes, emergencies, and all other escort procedures outlined in DOMDepartment Operations Manual 62070.5.2 shall be adhered to.

Searches

• Inmates removed from a facility for ORWA purposes shall be searched prior to removal and upon return from their assignment. The degree of the searches shall be determined as outlined in DOMDepartment Operations Manual 62070.5.2(7).

Consideration for OSWAOff-Site Work Assignment classification shall include the following actions:

Correctional Counselor

• The CCCorrectional Counselor-I shall initiate a preliminary review of inmate case factors for OSWAOff-Site Work Assignment consideration.

• Eligible inmates identified by the caseworker shall be referred to a unit/institution classification committee (UCCUnit Classification Committee/ICCInstitution Classification Committee) for review.

Classification Committee

• Review case factors for OSWAOff-Site Work Assignment clearance.

• Cases approved at classification shall be recorded on a CDC Form 255, Off-Site Work Assignment Eligible List, and forwarded to the Warden or chief deputy Warden for final approval.

Warden/Chief Deputy Warden

• Review case factors of inmates submitted on CDC Form 255 for final OSWAOff-Site Work Assignment approval.

• Delete from the list any inmates determined unacceptable.

• Sign and forward approved list to designated staff responsible for effecting OSWAOff-Site Work Assignment releases.

Wardens may establish community betterment and delinquency prevention programs within the institutions and approve the temporary removal of inmates for participation. The intent and purpose of these programs shall be to orient communities to the consequences of crime and delinquency. Controls shall be established by the program coordinators to prevent glorification of crime and/or the criminal, or criticisms of statutes and law enforcement agencies.

The institution community resources manager shall be responsible for overall coordination of the program.

A list of all approved inmates for community betterment/delinquency prevention participation shall be maintained by the community resources manager (CRMCommunity Resource Manager).

Community groups selected for speaking engagements shall be approved by the coordinator prior to scheduling.

Off-site work assignment clearance shall be required for inmates assigned to community betterment programs. All criteria, review and approval methods outlined in DOMDepartment Operations Manual 62070.11.1, 11.2, and 11.3 (OSWAOff-Site Work Assignment) shall apply to community betterment assignments. Participation shall be voluntary.

Escort Limitations

• A maximum limit of four inmates per speaking engagement shall be permitted unless otherwise approved in writing by the Warden or designee. Overnight engagements shall be prohibited. Travel distance from the institution for speaking engagements may be limited by the Warden.

Inmates may be temporarily removed from an institution/facility for the purpose of providing assistance to communities during a major disaster or enemy attack.

Disaster teams (emergency crews) may be utilized to assist communities surrounding the institution in providing the following types of services:

• Firefighting.

• Salvage operations.

• Rescue operations.

• Identification/burial of dead.

• Registration of homeless.

• Other services approved by the Warden.

Disaster crews shall be selected from the institution list of inmates approved for ORWA. Inmates approved for this purpose shall have an X suffix added to their custody, i.e., ORWAX. Disaster crews shall be under custodial escort and supervision during the period of removal and subject to all procedures outlined in DOMDepartment Operations Manual 62070.11.2, Escort/Search Requirements.

Inmates may be temporarily removed from an institution/facility for specific court-ordered appearances. Court-ordered removals shall be authorized and effected under the criteria and procedures outlined in DOMDepartment Operations Manual 73040, Case Records.

The Deputy Director, Institutions or designee, shall ensure that the content of this section is current and accurate.