Department of Corrections and Rehabilitation - Operations Manual

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Chapter 6 – Adult Classification

Article 17 – Sexually Violent Predators

Revised June 7, 2012

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62130.4 Classification Services Unit Role

  • 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:

    • Resolves conflicts.

    • Raises concerns for resolution.

    • Prepares legislative reviews.

    • 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.

    • 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)).

    • 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.

    • 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.

    • 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).

    • Provides formal training to CDCRCalifornia Department of Corrections and Rehabilitation staff.

    • Serves as the CDCRCalifornia Department of Corrections and Rehabilitation liaison to the following:

      • BPHBoard of Parole Hearings (formerly Board of Prison Terms)

        • 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.

        • 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.

        • 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.

        • 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.

        • 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.

      • DMHDepartment of Mental Health (see Department of State Hospitals DSH)

        • 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.

        • 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.

        • 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.

        • 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.

      • C&PRs.

        • See Section 62130.5