Chapter 6 – Adult Classification

Pursuant to PCPenal Code 1203.03, persons placed with the Department shall be evaluated by staff for a pre-sentence diagnostic study.

This section establishes standard procedures for the acceptance and processing of PCPenal Code 1203.03 cases requiring a pre-sentence diagnostic study.

Authority

• P C. 1203.03 permits courts to temporarily place defendants convicted of an offense, punishable by imprisonment in state prison, in facilities of the Department for purposes of diagnosis and treatment.

Persons committed for diagnosis shall be delivered by the county sheriff to the reception centers at the CIWCalifornia Institution for Women, CIMCalifornia Institution for Men, and CMFCalifornia Medical Facility for PCPenal Code 1203.03 processing.

A copy of the court order committing the individual to the Department is required before the person may be accepted. The copy must meet two of the following three requirements:

• Signed by a judge.

• Bear the seal of the court.

• Certified by the county clerk.

A CDC Form 123, Body Receipt, shall plainly indicate that the person was “received for diagnosis” and not “received from court.” The reception center’s CCRMCorrectional Case Records Manager shall maintain a record of PCPenal Code 1203.03 workload and maintain a log of referrals by name, commitment offense, county of commitment and the date received.

Cases may be rejected when The Director determines that the Department’s staff or facilities cannot adequately provide services. Any proposed rejection of cases shall be referred to the Director. However, the authority to reject the following specific cases is delegated to reception center AWAssociate Warden.

Chronic or acute medical/psychiatric cases which necessitate intensive care, such as those who are in need of specialized treatment like dialysis or who have a mental illness of such magnitude that psychiatric hospitalization is required.

Cases where the background information necessary to conduct an appropriate evaluation is inadequate. These include cases referred without a PORProbation Officer Report or minus other documentation such as an arresting officer’s report.

PCPenal Code 1203.03 provides for a maximum 90-day observation period; however, the diagnostic report shall be completed and transmitted to the court within 23 working days of reception except in unusual circumstances.

Medical Extensions

• When it is determined that a person is suffering from a treatable condition and more than the 90 day period is necessary to treat the condition, the reception center administrator may petition the court, with the person’s signed consent attached, to extend the period. If the court finds the petition appropriate, it can order the extension and transmit a copy of the order to the Director.

All PCPenal Code 1203.03 cases received shall be entered into the OBISOffender Based Information System Institution Movement Subsystem as a new admission.

When the individual is returned to the court, the case shall be entered into the OBISOffender Based Information System Institution Movement Subsystem as a discharge and shall include the Department’s recommendation to the court.

The diagnostic summary in these cases shall consist of a case summary preceded by a short summary report that will be prepared by the Correctional Counselor, and staff psychiatrist/psychologist in accordance with the approved format in the DOMDepartment Operations Manual 61030.

This section shall begin with the following paragraph.

“A diagnostic study and recommendation under the provisions of PCPenal Code 1203.03 has been requested in the case of (Name), (County Court Number), (CDC Number).” “This evaluation was prepared with the objective of assessing the defendant’s potential for functioning successfully on probation or under other supervision and the level of threat to the community if he/she should fail to live up to that potential. It has not focused on the issue of deterrence, nor of punishment; those are factors which are not responsive to the interview and evaluation format of the PCPenal Code 1203.03 process.” The remainder of this section shall include the age of the defendant, date received in the Department, name of court, county and on what charge.

Any specific questions or requests by the court shall be identified and listed in this section.

Short summary of instant offense and brief recap of criminal history.

This section shall be confined to specific recommendations of the Department staff. All recommendations shall begin with the words, “It is respectfully recommended to the honorable court that . . .” In those cases recommending probation, the specific recommendation shall begin with the phrase, “If eligible for probation…” Conditions of probation may be recommended. Where possible, they will be based on knowledge of the county’s resources and contain alternate suggestions for the court’s consideration.

Provide in sufficient manner the salient factors contributing to the recommendation. Avoid listing information in the case summary, except when it contributes significantly to the recommendation. Make certain that any specific questions or requests from the referring court are fully answered. If the study suggests solutions beyond the scope of the court’s expressed concern, the judge should be contacted and the matter discussed with them for clarification prior to the preparation of the written report. These summary reports shall be dated and signed by the reception center AWAssociate Warden. Should the recommendation involve a difference of opinion among the staff, this shall be indicated in the letter as well as the procedure by which the difference of opinion was resolved.

The case summaries prepared for PCPenal Code 1203.03 cases shall be identical to the regular felony case summaries. See DOMDepartment Operations Manual 61030.

All procedures that apply to regular felony commitment cases apply to pre-sentence diagnostic cases. For example, if a person received a rules violation report while undergoing the 90-day study, this shall be recorded in the C-File and, if the person is returned under a felony commitment, reflected in subsequent reports in the same manner as for all commitments.

Psychological Report

• A psychological evaluation may be prepared on PCPenal Code 1203.03 cases.

The study shall be reviewed by the reception center administrator before transmittal to the court. Cases that present unusual problems or raise new questions shall be referred to the Chief, Classification Services, before submitting them to the court. The AWAssociate Warden shall also ensure that the report calls attention to the following sections, if applicable.

The individual is currently under commitment to the Department, CYASee Division of Juvenile Justice (DJJ) or the California DMHDepartment of Mental Health (see Department of State Hospitals DSH), and a progress report of the last six months is available.

The individual has felony charges pending in another court, or is currently on probation or parole from another jurisdiction and is subject to revocation as a result of the current offense.

Reception center staff shall prepare the original of the study and send four copies to the court by first class mail to arrive before the individual is returned. The original shall be retained at the reception center for six months after submission to the court at which time it shall be forwarded to the Archives Unit at CMFCalifornia Medical Facility, where it shall be retained for two and one half years.

A standard transmittal letter shall be used to transmit the study to the court (refer to DOMDepartment Operations Manual 61030).

Copies of the study issued to the court will be served upon the defendant or their attorney, the probation officer and the prosecuting attorney by the court and shall not be disclosed to anyone other than departmental employees without the consent of the defendant.

Diagnostic cases remain under the jurisdiction of the court therefore the requirements of “In re Olson” are accomplished by the court.

When a former PCPenal Code 1203.03 case is returned to court, discharged and then recommitted to the Department to serve a sentence for the original felony conviction, reception center staff shall:

• Insert the new prison number wherever the PCPenal Code 1203.03 “Z” case number is found.

• Prepare a case summary update in accordance with DOMDepartment Operations Manual 61030.

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

PCPenal Code § 1203.03.