Chapter 6 – Adult Classification

The Western Interstate Corrections Compact (WICCWestern Interstate Corrections Compact), PCPenal Code 11190, and the Interstate Corrections Compact PCPenal Code 11189, enable states to establish mutual contracts for the exchange of prisoners.

California has current contracts with Alaska, Arizona, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming and the Federal Bureau of Prisons.

The WICCWestern Interstate Corrections Compact and Interstate Corrections Compact expand the inmate placement resources of participating states to more appropriately meet the special or unusual needs of individual inmates than could be met within a state’s own system.

The sending state shall retain legal jurisdiction of the inmate and may at any time require the return of the inmate to its custody.

The receiving state shall provide for the custody, care and treatment of the inmate in the same manner as for its own inmates.

No special privileges, restrictions, legal exceptions or immunities are authorized.

The compacts deal with a number of these and other jurisdictional matters in more detail.

The Interstate Compact Unit, P&CSDParole & Community Services Division (see DAPO), administers and implements prisoner exchanges with other states and the Federal Bureau of Prisons.

Compact resources shall not be used when the inmate’s needs can be met within departmental facilities just as well as in out-of-state facilities.

Inmates whose special or unusual needs can be better met in the facilities of another state may include, but are not limited to, the following:

• Protective custody. When an out-of-state placement will resolve the specific cause or reason for the inmate’s protective custody within the Department; i.e., protection of an inmate witness or informant.

• When an inmate’s permanent residence, resources and plan for release are outside California, placement in another state may be considered.

• Departmental policy precludes out-of-state placement criteria for inmates who are likely to present management problems. Examples of such cases may include homosexual behavior, chronic gambling, exploitation of other inmates and gang involvement.

No California inmate shall be transferred to an out-of-state institution unless they have executed, in the presence of the Warden or designee, written consent to the transfer.

The transporting officer shall verify that the written consent form is properly documented prior to taking custody of the inmate.

The referral for out-of-state placement shall be prepared by institution staff per Departmental Review Board (DRBDepartmental Review Board) format and submitted to the DRBDepartmental Review Board.

Upon DRBDepartmental Review Board approval, the institution shall submit the following items to the Interstate Compact Unit:

• Abstract of Judgment.

• Two current IDInstitutions Division (see DAI) photographs.

• Case summary.

• Copy of DRBDepartmental Review Board action [CDC Form128-G].

• Written consent form signed by inmate.

Upon receipt of a special circumstance referral by a court, DA or law enforcement agency, the Chief, Classification Services, or the Interstate Unit, with consent of the institution involved, shall prepare and submit an out-of-state transfer recommendation to the DRBDepartmental Review Board.

The DRBDepartmental Review Board’s action shall constitute the authority for the Interstate Unit to negotiate with out-of-state officials for the inmate’s placement and, if accepted, shall arrange for transfer of the inmate.

When an inmate is placed out-of-state for protective needs, or custodial needs, all aspects of the inmate’s transfer and location shall be confidential, with information limited to those employees who need-to-know in order to complete the transfer process and to protect the inmate in transit.

References to the proposed out-of-state transfer shall not appear in the sending institution’s records other than the inmate’s C-File.

All mail and property of those inmates transferred to out-of-state institutions shall be forwarded to the Interstate Unit by the institution’s staff.

The Chief Transportation Officer shall notify the Interstate Unit of the date the inmate is removed from the Department’s institution for a transfer out-of-state.

The sending institution shall prepare and package the following material for delivery to the receiving state’s institution by the transportation officer:

• An up-to-date case summary.

• A copy of the inmate’s Abstract of Judgment.

• A copy of the inmate’s fingerprint card.

• A minimum of one front and side view photo of the inmate.

The sending institution shall record the movement as a WICCWestern Interstate Corrections Compact/Interstate Corrections Compact transfer to the Interstate Unit and forward all records and files to the Interstate Unit for retention.

Inmates transferred to out-of-state placement shall be carried on the BPT’ calendar in central office and shall be afforded all rights as described in the BPT’s Rules 2367 through 2373.

No later than six months prior to an inmate’s parole or discharge, the Interstate Unit shall request prerelease information from the receiving state and prepare the inmate’s release and clothing budget and transmit the funds and/or clothing to the other state.

When the inmate is to be released in the other state, the Interstate Parole Compact requirements shall be completed.

PCPenal Code 11194 requires the Director to determine the suitability of out-of-state prisons considered for placement of California prisoners under the WICCWestern Interstate Corrections Compact/Interstate Corrections Compact.

The Interstate Unit shall provide for initial inspection of such facilities. On-going determinations shall be made annually by the Interstate Unit, utilizing ACAAmerican Correctional Association accreditation and Federal Bureau of Prisons’ reports and inspections.

The CDC Form 808, Western Interstate Correctional Compact Inspection Report, shall be completed at the time of inspection.

The original report shall be submitted to the Director through the Deputy Director, Institutions Division, and one copy each shall be sent to the Board of Corrections; P&CSDParole & Community Services Division (see DAPO); Interstate Unit; and LADLegal Affairs Division (see OLA)-PMU.

Approval and placement of prisoners from other states shall be arranged on behalf of the Director by the Interstate Unit.

Where feasible, the prisoner’s initial reception and processing shall be accomplished at a reception center.

If a case involves medical or psychiatric problems, the case shall be reviewed by the Chief, Medical Services, to determine if the Department has facilities for proper care and, if so, which institution is best suited to provide the care.

Within 90 days following the receipt of a prisoner from another state, the receiving institution shall furnish the sending state an institutional staff recommendation summary.

Thereafter at six-month intervals the institution shall furnish the sending state a report giving a summary of the inmate’s progress and adjustment since the last report, including a recommendation for retention or return.

Five copies of the progress report shall be prepared and signed by the counselor and distributed to the BPT, legal counsel; inmate’s C-File; and the inmate.

A transmittal letter signed by the Warden shall be prepared to forward the report directly to the sending state.

The copy of the report sent to the Interstate Unit, Attention: Corrections Compact Coordinator shall be reviewed and retained in the inmate’s C-File.

Transfers from the reception centers to other institutions shall be handled as other reception cases, unless unusual aspects of the case require special review by the Chief, Classification Services, or the DRBDepartmental Review Board for placement determination. The Interstate Unit shall be notified any time the inmate is transferred and prior to the inmate’s release.

Whenever practical, the record files of cases from other states shall approximate the form/format of records for the Department’s inmates.

The Warden of institutions where inmates from sending states are confined shall keep all necessary records concerning such inmates in a manner agreed upon between the sending and receiving states.

While the inmate remains in the institution, the sending state shall, upon request, be furnished with copies of any records.

Upon termination of the inmate’s confinement, the institution shall forward the complete file of the inmate to the sending state.

Nothing contained herein shall be construed to prevent the receiving state or any institution thereof, from keeping copies of any such records upon and after termination of confinement.

PCPenal Code 2090 and 2902 and a contract with the Federal Bureau of Prisons permits the acceptance of federal prisoners to institutions of the Department.

PCPenal Code 2911 and a separate contract with the Federal Bureau of Prisons permits the placement of California prisoners in the Federal Bureau of Prisons’ institutions.

No inmate shall be transferred to a federal facility unless they have executed, in the presence of the Warden or designee, a written consent to transfer CDC Form 802, Federal Prison System Placement Agreement.

Inmates shall be informed of their right to private consultation with an attorney of their choice concerning one’s rights and obligations under PCPenal Code 2911.

An inmate may revoke such consent prior to transfer.

The transporting officer(s) shall verify that the consent was obtained prior to taking custody of the inmate.

Progress reports for federal prisoners in state custody shall be submitted to the Director, Federal Bureau of Prisons, annually starting from the prisoner’s reception.

Release of federal prisoners in state custody may be accomplished only by order of the federal court or Director, Federal Bureau of Prisons.

Upon release, the inmate’s C-File shall be updated, a closing summary added to the case summary and then forwarded to the Department’s Archives Unit.

Release shall be within this state unless the prisoner, the state and the federal government agree upon release to some other state.

GCGovernment Code 12012.1 permits the Department to make provisions for inmates who request transfer to their country to complete a prison sentence. The Transfer Treaty is administered by the BPT.

At the present time, transfers may be considered with Canada, Bolivia, Mexico, Peru, Panama, Turkey, France, United Kingdom, Sweden, and Spain.

The inmate is a citizen of France.

The inmate has at least one year left to serve at the time of the transfer request.

The sentence is final.

The inmate’s controlling offense is punishable as a crime under the laws of both countries.

The inmate was not convicted of a military offense.

The inmate gives their consent.

The inmate is a citizen of the country to which they request transfer.

The inmate has at least six or more months remaining on their sentence at the time of the request.

The inmate has no pending appeal or collateral attack on the judgment or sentence.

The inmate had not lived in the U.S.United States more than five years prior to the present sentence.

The inmate was not convicted for a political, military or immigration offense.

When an inmate indicates an interest in the transfer treaty program, their counselor shall screen the inmate’s records to determine if the inmate meets the above criteria.

If the inmate does not qualify, the inmate shall be provided, in writing, the reasons why and a copy shall be sent to the BPT, legal counsel.

Male inmates may be referred to the appropriate local classification committee for transfer consideration to RJDRichard J. Donovan Correctional Facility at Rock Mountain, where the process will be completed.

• If recommended, the case shall be referred to the CSRClassification Staff Representative for endorsement to RJDRichard J. Donovan Correctional Facility at Rock Mountain.

• Those male inmates who cannot be placed in RJDRichard J. Donovan Correctional Facility at Rock Mountain general population, shall be processed at their institution of residence as indicated below, and not transferred to RJDRichard J. Donovan Correctional Facility at Rock Mountain.

• If the inmate is found not to be eligible for the program after his arrival at RJDRichard J. Donovan Correctional Facility at Rock Mountain, he shall be presented to a CSRClassification Staff Representative for appropriate return or placement.

• Female inmates shall be processed at their institution of residence by their respective Correctional Counselor, as indicated below.

The inmate’s counselor shall have the inmate complete CDC Form 830, Transfer Treaty Program Application and Certification.

The inmate’s counselor shall complete the Prisoner’s Transfer Progress Report.

A copy of each shall be provided to the inmate and a copy placed in the inmate’s C-File.

A copy of the inmate’s case summary and copies of the following completed forms and report shall be forwarded (as appropriate to the case) to the BPT legal counsel:

• BPT Form 1001, Life Prisoner – Decision Face Sheet.

• BPT Form 1010, Parole Decision ISLIndeterminate Sentence Law Prisoner.

• BPT Form 1094, Serious Offender Decision – Face Sheet.

• BPT Form 1095, Serious Offender Hearing – Decision (1170.2 (B)).

• CDC Form 830, Transfer Questionnaire (original).

• CDC Form 678, Cumulative Case Summary Confinement Computation.

• Prisoner transfer program report.

The BPT shall process the case and notify the institution of acceptance or rejection.

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

PCPenal Code §§ 2090, 2902, 2911, 11189, 11190, and11194.

GCGovernment Code § 12012.1.

ACAAmerican Correctional Association Standards 2-3013, 2-4164, 2-4170, 2-4171, 2-4163, 2-4248, 2-4239, 2-4416, 2-4202, 2-4204, 2-4019, 2-4255, 2-4203, and2-4186.