Article 17 – Sexually Violent Predators
62130.1 Policy
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In accordance with the Welfare and Institutions Code (W&ICWelfare and Institutions Code) Section 6600 et seq., the California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) provides a systematic method in the identification, screening, referral, and tracking of potential Sexually Violent Predators (SVPSexually Violent Predator).
62130.2 Purpose
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The purpose of the SVPSexually Violent Predator law is to provide an additional level of protection to the community from individuals who, based on their social, criminal, and institutional history, are deemed dangerous and predisposed to engage in sexually violent predatory behavior, if released from prison without treatment.
62130.3 Sexually Violent Predator
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To meet the criteria requiring a SVPSexually Violent Predator evaluation, the inmate’s case factors must include the following elements:
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Is in custody under the jurisdiction of the CDCRCalifornia Department of Corrections and Rehabilitation when the district attorney files the petition for commitment with the court.
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Received a determinate sentence.
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Convicted of a sexually violent offense against one or more victims.
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Has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior.
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The SVPSexually Violent Predator qualifying offenses are identified in the W&ICWelfare and Institutions Code Section 6600, and Department Operations Manual Section 62130.8.
62130.4 Classification Services Unit Role
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The Classification Services Unit (CSUClassification Services Unit) shall ensure departmental coordination, compliance, and standardization of SVPSexually Violent Predator processes. CSUClassification Services Unit performs the following tasks:
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Resolves conflicts.
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Raises concerns for resolution.
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Prepares legislative reviews.
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Provides a computer listing of inmates and parolees in revoked status to each Warden and Classification and Parole Representative (C&PRClassification & Parole Representative)/Reception Center (RCReception Centers) Correctional Counselor (CCCorrectional Counselor) III at least nine months prior to the scheduled release dates. This list is generated from the Offender Based Information System for inmates subject to registration as sex offenders pursuant to the Penal Code (PCPenal Code) Section 290 list.
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Maintains a database, which includes records and statistics of all potential SVPSexually Violent Predator cases screened by the Division of Adult Institutions (DAIDivision of Adult Institutions (formerly Institutions Division)) and Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)).
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Forwards cases meeting SVPSexually Violent Predator criteria to the Board of Parole Hearings (BPHBoard of Parole Hearings (formerly Board of Prison Terms)) for an independent review and further processing. For cases where a conclusive determination cannot be made based upon a review of the current central/electronic file and archive file documents, see the BPHBoard of Parole Hearings (formerly Board of Prison Terms) section below.
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Forwards a copy of all Department of Mental Health (DMHDepartment of Mental Health (see Department of State Hospitals DSH)) and /or BPHBoard of Parole Hearings (formerly Board of Prison Terms) results upon receipt, for placement in the inmate’s central/electronic file.
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Generates teletypes for SVPSexually Violent Predator transfers to Atascadero State Hospital (ASHAtascadero State Hospital), Coalinga State Hospital (CSH), or Patton State Hospital (PSH) upon request from the SVPSexually Violent Predator Coordinator at either California Men’s Colony-East (CMCCalifornia Men's Colony-E) or California Institution for Women (CIWCalifornia Institution for Women).
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Provides formal training to CDCRCalifornia Department of Corrections and Rehabilitation staff.
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Serves as the CDCRCalifornia Department of Corrections and Rehabilitation liaison to the following:
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BPHBoard of Parole Hearings (formerly Board of Prison Terms)
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CSUClassification Services Unit refers cases to BPHBoard of Parole Hearings (formerly Board of Prison Terms) in which a final determination cannot be made based upon available information. These are commonly referred to as “MAYBE” cases and consist of any SVPSexually Violent Predator package that does not contain complete and sufficient documentation necessary to address the SVPSexually Violent Predator statutory commitment criteria. Typically, “MAYBE” cases will involve out-of-state and out-of-country sex offense convictions; California convictions of SVPSexually Violent Predator offenses for which supporting documentation is missing or incomplete; juvenile adjudications for SVPSexually Violent Predator under certain circumstances; mentally disordered sex offender commitments to DMHDepartment of Mental Health (see Department of State Hospitals DSH); military and federal convictions for any sex offenses, etc. BPHBoard of Parole Hearings (formerly Board of Prison Terms) will attempt to obtain the necessary documentation related to the conviction. BPHBoard of Parole Hearings (formerly Board of Prison Terms) will then provide the documentation to the California Department of Justice (DOJDepartment Of Justice), who will complete a legal analysis of the case, and make the determination whether the sex offense convictions outside of California contain the same elements as the qualifying SVPSexually Violent Predator offenses listed in the W&ICWelfare and Institutions Code. BPHBoard of Parole Hearings (formerly Board of Prison Terms) shall advise CSUClassification Services Unit of the determination results.
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If after completing their independent review, BPHBoard of Parole Hearings (formerly Board of Prison Terms) determines the case meets the criteria for SVPSexually Violent Predator, BPHBoard of Parole Hearings (formerly Board of Prison Terms) will forward the case to DMHDepartment of Mental Health (see Department of State Hospitals DSH) and provide CSUClassification Services Unit with documentation of their determination.
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If after completing their independent review, BPHBoard of Parole Hearings (formerly Board of Prison Terms) determines the case does not meet the criteria for SVPSexually Violent Predator, BPHBoard of Parole Hearings (formerly Board of Prison Terms) will notify CSUClassification Services Unit of the determination and provide documentation of the results.
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The BPHBoard of Parole Hearings (formerly Board of Prison Terms) may order that an inmate remain in custody for no more than 45 days beyond the inmate’s release date for completion of the DMHDepartment of Mental Health (see Department of State Hospitals DSH) process.
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After release from CDCRCalifornia Department of Corrections and Rehabilitation, BPHBoard of Parole Hearings (formerly Board of Prison Terms) may conduct Revocation Hearing proceedings for SVPSexually Violent Predator pre commitments/commitments who are involved in serious revocable misconduct.
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DMHDepartment of Mental Health (see Department of State Hospitals DSH)
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DMHDepartment of Mental Health (see Department of State Hospitals DSH) conducts clinical evaluations of potential SVPs to determine if the inmate has a diagnosed mental disorder which makes the inmate a danger to the health and safety of others, in that it is likely that he or she will engage in sexually violent criminal behavior.
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DMHDepartment of Mental Health (see Department of State Hospitals DSH) refers individuals meeting SVPSexually Violent Predator criteria to the inmate’s county of commitment with a request for petition for a civil commitment.
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DMHDepartment of Mental Health (see Department of State Hospitals DSH) clinicians shall provide SVPSexually Violent Predator treatment at CDCRCalifornia Department of Corrections and Rehabilitation to individuals who had been placed at ASHAtascadero State Hospital, CSH, or PSH for SVPSexually Violent Predator processes and who subsequently return to CDCRCalifornia Department of Corrections and Rehabilitation as a result of serious misconduct.
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DMHDepartment of Mental Health (see Department of State Hospitals DSH) shall notify CDCRCalifornia Department of Corrections and Rehabilitation of the evaluation determination and provide documentation of the results.
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C&PRs.
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See Section 62130.5
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62130.5 Classification and Parole Representative or Correctional Counselor III at Reception Centers
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The C&PRClassification & Parole Representative or CCCorrectional Counselor III at a RCReception Centers is responsible for establishing a tracking system to ensure inmates who have been convicted of a PCPenal Code Section 290 offense are screened at least nine months prior to release pursuant to the W&ICWelfare and Institutions Code Section 6600 et seq. The C&PRClassification & Parole Representative/RCReception Centers CCCorrectional Counselor III is also responsible for:
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Ensuring CCs and designated Correctional Case Records staff have received training in the SVPSexually Violent Predator screening processes.
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Ensuring the Automated Release Date Tracking System is used at least bimonthly to identify PCPenal Code 290 cases that require screening.
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Reviewing and signing the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 7377, Sexually Violent Predator Screening, ensuring the veracity of the information provided and that all supporting documentation is attached.
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Ensuring “sex related” reports and documents are requested from appropriate agencies and departments upon receipt of an inmate from the RCReception Centers for purposes of determining “R” suffix designation.
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Ensuring additional information is obtained from the Strategic Offender Management System (SOMSStrategic Offender Management)/Electronic Records Management System (ERMSElectronic Records Management System) for “MAYBE” cases.
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Ensuring inmates with less than 120 days to release shall be processed within 24 hours of discovery to the CSUClassification Services Unit prior to review of archive documents unless the documents are in the central/electronic file.
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Ensuring attachments of supporting documents are pertinent to the SVPSexually Violent Predator qualifying offense.
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Ensuring CSUClassification Services Unit is advised of release date changes for “YES” and “MAYBE” cases within 24 hours of the date change via facsimile of the CDC Form 112, Chronological History.
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Ensuring CSUClassification Services Unit is advised via facsimile of transfers of “YES” or “MAYBE” cases within 24 hours of completed transfer.
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Ensuring CSUClassification Services Unit is advised via facsimile of inmates who are out to court (OTCOut To Court) for SVPSexually Violent Predator proceedings within 24 hours of departure.
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Notifying CSUClassification Services Unit and the receiving institution of the need for an SVPSexually Violent Predator screening when an inmate who appears on the monthly download has transferred prior to the receipt of the monthly list from CSUClassification Services Unit.
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Completing and attaching a CDCRCalifornia Department of Corrections and Rehabilitation Form 1884, Justification Referral Sheet, to the CDCRCalifornia Department of Corrections and Rehabilitation Form 7377, if less than six months are remaining to the scheduled release date.
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Ensuring the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 SVPSexually Violent Predator supporting documentation subsequently received are filed on a drop board under the fingerprint card in the legal section of the central file or scanned into the legal section of the electronic file using SOMSStrategic Offender Management/ERMSElectronic Records Management System.
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Notifying CSUClassification Services Unit upon the placement of a BPHBoard of Parole Hearings (formerly Board of Prison Terms) Temporary Hold and again upon placement of a 45-day Hold.
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Coordinating with the Institution Personnel Officer for State identification cards/gate clearance issuance for DMHDepartment of Mental Health (see Department of State Hospitals DSH) Evaluators conducting SVPSexually Violent Predator clinical evaluations.
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Arranging for DMHDepartment of Mental Health (see Department of State Hospitals DSH) evaluators to have access to specified central/electronic and medical files. Identify an appropriate location to conduct the file review and the clinical evaluation of an inmate.
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Approving review of an inmate’s confidential information by a DMHDepartment of Mental Health (see Department of State Hospitals DSH) clinician, if that information is germane to the SVPSexually Violent Predator evaluation. Direct DMHDepartment of Mental Health (see Department of State Hospitals DSH) evaluators to limit the use of the information so as not to disclose in any later written report, information that is specifically derived from a confidential document. Require a court order to provide a copy of a confidential document.
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Coordinating with the Transportation Unit and CMCCalifornia Men's Colony-E, the transfer of male inmates to ASHAtascadero State Hospital or CSH, via CMCCalifornia Men's Colony, and with CIWCalifornia Institution for Women the transfer of female inmates to PSH, via CIWCalifornia Institution for Women, based on the following determinations:
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Court order for housing at ASHAtascadero State Hospital, CSH, or PSH.
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Note: Transportation of inmates to ASHAtascadero State Hospital, CSH, or PSH shall be expedited in compliance with a court order.
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Providing CMCCalifornia Men's Colony-E information necessary for receipt of a male inmate transferring to ASHAtascadero State Hospital or CSH, via CMCCalifornia Men's Colony-E.
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Providing CIWCalifornia Institution for Women information necessary for receipt of a female inmate transferring to PSH, via CIWCalifornia Institution for Women.
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Providing updated PCPenal Code 3058.6 and 3058.8 notifications to law enforcement agencies and requesting individuals, respectively, and ensuring the following has been completed:
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Contact the individual requesting notification pursuant to PCPenal Code 3058.8 by telephone or other communication the next working day upon release of the inmate if a county, district attorney, court, DMHDepartment of Mental Health (see Department of State Hospitals DSH), or other agency assumes custody of the inmate, if other than originally noticed. The information should include:
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The receiving agency’s name.
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The agency contact person’s name and telephone number, if known, to assist the victim/witness, etc. further.
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Document the date, time, and staff name of the person providing updated information to the PCPenal Code 3058.8 requesting individual on the CDCRCalifornia Department of Corrections and Rehabilitation Form 863-A, Confidential Notice of Release. Recommended statement to be included on the CDCRCalifornia Department of Corrections and Rehabilitation Form 863-A, “Requestor notified on_______ (date) of release to the agency.”
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Forwarding the central file to CMCCalifornia Men's Colony-E, regarding an inmate who has reached his scheduled release date and is released to another’s custody pursuant to W&ICWelfare and Institutions Code 6600 et seq.
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CMCCalifornia Men's Colony-E’s C&PRClassification & Parole Representative shall arrange transportation of parolees from ASHAtascadero State Hospital to the designated location for Revocation Hearing proceedings.
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CIWCalifornia Institution for Women’s C&PRClassification & Parole Representative shall arrange transportation of parolees from PSH to the designated location for Revocation Hearing Proceedings.
62130.6 Time Constraints
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In the interest of public safety, staff shall adhere to the following time frames:
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Cases shall be screened nine months prior to the scheduled release date, unless inmate is received with less than nine months to release.
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If the case is identified with less than nine months remaining to release, the following action shall be taken:
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Cases identified within 45 days of release must be faxed to the CSUClassification Services Unit with a follow-up telephone call within 24 hours of discovery.
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Cases identified between 46 and 120 days of release must be prepared immediately and sent via overnight mail to CSUClassification Services Unit within 24 hours of discovery.
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Cases identified between 121 days and 8 months of release must be prepared immediately and sent via overnight mail to CSUClassification Services Unit within 5 working days of discovery.
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Cases identified with release dates between 8 to 9 months must be mailed to CSUClassification Services Unit within 30 days.
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A CDCRCalifornia Department of Corrections and Rehabilitation Form 7377, SVPSexually Violent Predator screening, submitted with less than six months remaining to release shall require the following additional attachments:
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A CDCRCalifornia Department of Corrections and Rehabilitation Form 1884, Justification Referral Sheet, containing a concise written explanation describing why the potential SVPSexually Violent Predator case was not submitted according the above noted time frames. There are two authorized exceptions to referring a case for evaluation with less than six months remaining to serve. They are as follows:
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The inmate was received into CDCRCalifornia Department of Corrections and Rehabilitation with less than six months to serve.
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The inmate’s release date is modified by a judicial or administrative action.
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A copy of the inmate’s CDC Form 112, Chronological History.
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A copy of the judicial action or administrative action that modified the inmate’s release date, if applicable.
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62130.7 California Department of Corrections and Rehabilitation Form 7377, Sexually Violent Predator Screening
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The completion of the CDCRCalifornia Department of Corrections and Rehabilitation Form 7377, SVPSexually Violent Predator screening, shall not be delegated to a staff member below the level of CCCorrectional Counselor I. The CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 must be prepared neatly, legibly, and accurately. Detailed instructions for completing the CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 are located on the reverse of the document. Designated staff shall be accountable for accuracy and completed staff work.
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The CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 reflects the case review and completion of the form includes, but is not limited to, the following:
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Inmate’s name and CDC number.
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Criminal Identification and Information (CI&ICriminal Identification and Information) number.
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County of controlling case (listed on the Legal Status Summary (LSSLegal Status Sheet)).
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Type of release/release date.
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Controlling discharge date.
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Selection of one SVPSexually Violent Predator determination.
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Reference documents include: the Abstract of Judgment (AOJAbstract Of Judgment)/Minute Order, Felony Information/Complaint, etc.
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Comments on the CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 if any potential reference documents are not available for review.
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The screener’s name and date printed legibly.
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“YES” and “MAYBE” determinations require the submission of the CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 and copies of all SVPSexually Violent Predator qualifying supportive documentation, to include:
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LSSLegal Status Sheet.
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Institutional Staff Recommendation Summary.
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Probation Officer’s Report.
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AOJAbstract Of Judgment/Minute Order.
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Felony Information/Complaint.
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CI&ICriminal Identification and Information.
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Federal Bureau of Investigation printout.
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Archive files (sex related).
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Sex related CDC Form 115s, Rule Violation Reports (including disciplinary violations from prior terms).
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Parole violation charge(s), if charge includes an element of illegal sexual conduct (including prior sex related parole violations).
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Parole violation(s) and conviction(s) for failure to register pursuant to PCPenal Code 290.
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Previously processed “YES” cases, also known as “RECYCLED,” require a new CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 and a copy of the inmate’s parole violation charge(s) or new commitment information to be submitted to the CSUClassification Services Unit.
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“NO” determinations require only a current completed CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 be submitted to CSUClassification Services Unit.
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CDCRCalifornia Department of Corrections and Rehabilitation Form 7377 distribution:
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Original to CSUClassification Services Unit SVPSexually Violent Predator Coordinator.
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Copy placed in central file or scanned into the legal section of the electronic file using SOMSStrategic Offender Management/ERMSElectronic Records Management System.
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Copy to inmate upon request.
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62130.8 Sexually Violent Predator Penal Code and Statutory Law Qualifying Offenses
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The following statutory criteria are SVPSexually Violent Predator qualifying offenses. Qualifying offenses include, but are not limited to, the following:
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PCPenal Code 261, Rape-Acts Constituting (all subdivisions).
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Note: A defined “Rape by Threat” conviction regardless of the PCPenal Code Section is an SVPSexually Violent Predator qualifying offense.
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PCPenal Code 262. Rape of Person Who Is Spouse of Perpetrator (all Subdivisions).
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PCPenal Code 264.1. Rape or Penetration of Genital or Anal Openings by Foreign Object in Concert by Force or Violence.
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PCPenal Code 269. Aggravated Sexual Assault of a Child (all Subdivisions).
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PCPenal Code 286. Sodomy (all subdivisions).
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PCPenal Code 288. Lewd Act on Child or Dependent Person (all Subdivisions).
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PCPenal Code 288a. Oral Copulation (all Subdivisions).
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PCPenal Code 288.5 Engaging in Three or More Acts of Substantial Sexual Conduct With a Child Under Age 14 (Continuous Sexual Abuse of a Child Under 14).
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PCPenal Code 289. Anal or Genital Penetration by Foreign Object (all Subdivisions).
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Felony convictions for any of the following acts with the intent to commit PCPenal Code 261, 262, 264.1, 269, 286, 288, 288a, 288.5 or 289 are also qualifying offenses under Proposition 83, the Sexual Predator Punishment and Control Act, better known as Jessica’s Law:
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PCPenal Code 207. Kidnapping Defined.
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PCPenal Code 208(d). Kidnapping; Punishment (old law).
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PCPenal Code 209. Kidnapping for Ransom or Extortion.
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PCPenal Code 220. Assault.
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Convictions prior to July 1, 1977, for an offense described in any of the previously delineated PCPenal Code sections (even if the PCPenal Code section is different, i.e., Rape by Threat).
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Conviction(s) (sex related or not) (misdemeanor or felony) resulting in a Mentally Disordered Sex Offender (MDSO) designation, including dispositions resulting in State hospital placement, mental health treatment, credit for time served, county jail, probation, unknown disposition, etc.
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Not Guilty by Reason of Insanity findings that involved a qualifying offense.
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Qualifying convictions dismissed, expunged or voided due to receipt of a Certificate of Rehabilitation pursuant to PCPenal Code 1203.4.
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Out-of-state and out-of-country conviction(s) of any sex offense that after a thorough review by the DOJDepartment Of Justice are determined to be equivalent to the above noted offenses.
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Conviction(s) by a military or federal court of any sex offense that after a thorough review by DOJDepartment Of Justice are determined to be equivalent to the above noted offenses.
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PCPenal Code qualifying offenses regardless of the degree of force, violence, duress, menace, or fear of injury indicated within the Probation Officer’s Report or court documents.
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Felony Convictions for “Attempts” or “Accessory” to the above listed offenses are not qualifying offenses.
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Misdemeanor convictions for the above listed offenses are not qualifying offenses (exception: MDSO criteria explained above).
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Juvenile Court Adjudication. A prior juvenile adjudication of a sexually violent offense may constitute a prior conviction for which the person received a determinate terms if all of the following applies:
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The juvenile was 16 years of age or older at the time he/she committed the prior offense.
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The prior offense is a SVPSexually Violent Predator offense as specified in W&ICWelfare and Institutions Code 6600, subdivision (b).
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The juvenile was adjudged a ward of the juvenile court within the meaning of PCPenal Code Section 602.
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And the juvenile was committed to the California Youth Authority now known as the Division of Juvenile Justice (DJJDivision of Juvenile Justice (formerly CYA)) for the sexually violent offense.
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62130.9 California Men’s Colony‑East/California Institution for Women Sexually Violent Predator Coordinator
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Upon the arrival of transferring inmate(s) enroute to ASHAtascadero State Hospital, CSH, PSH, the California Men’s Colony-East (CMCCalifornia Men's Colony-E)/California Institution for Women (CIWCalifornia Institution for Women) Sexually Violent Predator (SVPSexually Violent Predator) Coordinator shall be responsible for:
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Reviewing the confidential section of the central/electronic file to ensure that the sending institution documented a subsequent contact with the PCPenal Code Section 3058.6 and/or 3058.8 law enforcement agency and/or requesting individual(s), respectively, when the inmate/parolee was released to another custody than originally noticed.
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Contacting the CSUClassification Services Unit SVPSexually Violent Predator Officer of the Day, to request a teletype to receive an SVPSexually Violent Predator enroute to ASHAtascadero State Hospital, CSH, or PSH.
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Arranging transport from CMCCalifornia Men's Colony-E to ASHAtascadero State Hospital or CSH for male inmates or from CIWCalifornia Institution for Women to PSH for female inmates.
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62130.10 Central File Custody During SVP Processes
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The central file of a male inmate who is OTCOut To Court for SVPSexually Violent Predator processes is subject to standard OTCOut To Court procedures. Upon the inmate reaching his release date, the C&PRClassification & Parole Representative shall ensure the central file is forwarded to CMCCalifornia Men's Colony-E for custodial care.
62130.11 Sexually Violent Predator Release Allowances and Personal Funds
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The paroling institution is responsible for preparing the CDC Form 102, Release Statement, upon the release of an inmate, who has been ordered by a court to be committed as a SVPSexually Violent Predator pursuant to the W&ICWelfare and Institutions Code Section 6604, to ASHAtascadero State Hospital or CSH, via CMCCalifornia Men's Colony-E for male inmates, or to PSH, via CIWCalifornia Institution for Women for female inmates. The paroling institution shall prepare a check for the amount of personal funds reflected on the CDC Form 102 and forward the check and original CDC Form 102 to ASHAtascadero State Hospital, CSH, or PSH. The CDC Form 102 shall record the following information:
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The individual was not given the release allowance at the time of parole due to transfer to ASHAtascadero State Hospital, CSH, or PSH pursuant to W&ICWelfare and Institutions Code Section 6604. Upon release from ASHAtascadero State Hospital, CSH or PSH, the parolee shall be issued the release allowance.
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No deduction for clothing. (Clothing will be provided by the DMHDepartment of Mental Health (see Department of State Hospitals DSH).)
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No deduction for transportation costs. (Upon release, the parolee will pay for transportation costs from issued release allowance.)
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The amount of personal funds due and state that the personal funds were forwarded to the appropriate parole unit.
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The date the individual will leave the paroling institution and the scheduled arrival date at ASHAtascadero State Hospital, CSH, or PSH.
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If an inmate paroles to ASHAtascadero State Hospital, CSH, or PSH as an SVPSexually Violent Predator, Case Records staff will note on the CDC Form 102 that the inmate is paroling to ASHAtascadero State Hospital, CSH, or PSH as an SVPSexually Violent Predator and send CDC Form 102, personal and release funds, in check form to the designated Parole Agent II at the appropriate parole unit.
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In the event an inmate is released to hold at a county jail, and reaches his/her parole date while in custody, the designated Parole Agent or Probation Officer will be contacted and shall coordinate the issuance of funds upon the parolee’s release. If the inmate’s controlling discharge date has expired, upon release, he/she may report to the previously designated Parole or Probation Office to request release funds pursuant to the Department Operations Manual Section 81010 in accordance with PCPenal Code Sections 2713 and 2713.1.
62130.12 Personal Property
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Each institution will process and store the personal property of inmates who are OTCOut To Court for SVPSexually Violent Predator proceedings in accordance with current procedures. The personal property of inmate’s who reach their scheduled release date while OTCOut To Court for SVPSexually Violent Predator proceedings shall be sent directly to ASHAtascadero State Hospital, CSH, or PSH by the inmate’s previous institution.
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Personal property should be transferred with the inmate when the transfer is within CDCRCalifornia Department of Corrections and Rehabilitation institutions, in accordance with current procedures.
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Prior to transfer, the sending institution will ensure the inmate disposes of any unauthorized property in accordance with California Code of Regulations, Sections 3190(c) and 3191(c)(1), (2), and (3). The following property is not allowed at ASHAtascadero State Hospital, CSH, or PSH and shall be disposed of prior to the inmate’s transfer to ASHAtascadero State Hospital, CSH or PSH:
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Razor blades or disposable razors.
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Any item which is corrosive, flammable or explosive.
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All cigarette lighters.
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All products in aerosol containers.
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Radios and/or cassette players equipped with an external telescopic antenna, or that operate by an external electrical power cord, or require a D cell battery or larger.
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Headphones with a metal headband and/or a cord greater than four feet in length.
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Television sets other than solid state LCD three-inch diagonal screen televisions with mirror attached.
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Any electrical appliance which requires a cord to operate.
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Chewing gum, fruits or perishable foods of any type.
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Personal mirrors, including hand mirrors.
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All food products in glass containers, unless factory sealed.
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All caffeinated beverages.
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62130.13 Revisions
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The Director, DAIDivision of Adult Institutions (formerly Institutions Division), or designee shall ensure that the contents of this Article are accurate and current.
62130.14 References
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CCRCalifornia Code of Regulations (15)(3) §§ 3190 and 3191.
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PCPenal Code §§ 207, 208, 209, 220, 261, 262, 264.1, 269, 286, 288, 288a, 288.5, 288.7, 289, 290, 1203.4, 3058.6, and 3058.8.
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W&ICWelfare and Institutions Code § 6600 et seq.