Chapter 7 – Adult Case Records Information

Uniform legal status information shall be maintained on persons under the jurisdiction of the Department.

This section sets forth the procedures for the uniform preparation of an inmate’s legal status.

Legal status information contained in the C-File includes:

• CDC Form 112, Chronological History.

• Legal Status Summary.

• PORProbation Officer Report or Circumstances of Offense.

• FBIFederal Bureau of Investigation Report.

• CI&ICriminal Identification and Information SSCHState Summary - Criminal History Report.

Legal status information shall be assembled and prepared on all newly arrived inmates by the reception center case records staff.

Case Records Specialists (CRSCorrectional Case Records Specialist)

• Legal data used in the preparation of the CDC Form 188, Legal Status Summary, shall be audited by CRSs. They shall:

Review

• Review, compare, and analyze all available legal documents, such as: Abstracts of Judgment, Minute Orders, transcripts of proceedings at time of sentencing, charging documents, appellate court opinions, remittiturs, and other court orders to ensure accuracy, compatibility, and intent of the sentencing court.

Determine

• Determine sentence case relationship and appropriate application of credit for entry into OBISOffender Based Information System and preparation of the Legal Status Summary.

Request

• Request missing documents, necessary to complete the legal portion of the case summary, from the county clerk’s office. Requests for proceedings at time of sentencing should not be made until the third or fourth week after the inmate’s arrival to permit routine transcribing and mailing by the courts. PCPenal Code 1203.01 statements shall be requested from the court of commitment for cases not referred to the probation department.

  • Occasionally, an inmate may transfer from the reception center prior to receipt of documents and completion of the legal section. The receiving facility specialist shall ensure all pertinent documents/corrections are subsequently received and processed, and that amendments to the legal status summary are made.

Forward

• Forward to the Health Care Manager a weekly list of those inmates who are required to provide blood and saliva samples pursuant to PCPenal Code 290.2. Such samples shall be collected as soon as possible after the inmate leaves the reception center.

Review

• Review all computer generated Legal Status Summary Sheets and commitment documents for data entry error.

Correct

• Correct Legal Status Summary Sheets which are discrepant due to the lack of computer program edits, e.g., consecutive sex offenses, by causing a manual (M) calculation entry of the data. Cases discrepant due to an error in sentencing shall remain discrepant in OBISOffender Based Information System until an amended document is received.

Refer

• Refer discrepant cases which require communication to the trial court to the LPULegal Processing Unit for resolution. Referrals shall include an analysis of the case factors and photocopies of complete court documents necessary for the unit to communicate with the court.

  • Copies of any amended/new legal documents subsequently received on discrepant cases shall be forwarded to LPULegal Processing Unit following correction of, or addition to, the legal status summary.

Determine

• Determine statutorily required reports, referrals, notices, and registration requirements. Make appropriate entries on the CDC Form 112; CDC Form 144, Control Card, and cause entry into OBISOffender Based Information System, as program edits allows, for:

  • Arson offenses, as specified in PCPenal Code 457.1 and 11150.

  • Sex offenses, as specified in PCPenal Code 290.

  • Controlled substance offenses, as specified in H&SCHealth and Safety Code 11590.

  • Reports to the court, as specified in PCPenal Code 1170(d).

  • Notices, as specified in PCPenal Code 3058.6 and 3058.8.

Edit Error PCPenal Code 457.1

• OBISOffender Based Information System programming for entry on the Legal Status Summary is available only for PCPenal Code 290, 1170(d), and 11150 and H&SCHealth and Safety Code 11590 requirements. Due to a program edit error, PCPenal Code 457.1 shall be indicated on the Legal Status Summary as PCPenal Code 11150 and, unless registration is ordered by the court and reflected on the commitment document(s), the entry shall be modified manually to read “Notification required per PCPenal Code 11150.”

Continue To Audit

• Facility/region specialists shall continue to audit legal status information, and make necessary records/corrections/amendments. They shall:

  • Time Cards

    • Audit inmate time cards for recorded work credit.

    • Minimum met bubbled on the scannable time card is a combination of actual time worked, ETOExcused Time Off, and security time for both fulltime and halftime assignments.

  • Holiday Credit

    • Holiday credit shall be granted for all State holidays in the appropriate credit earning status for inmates in credit qualifying groups. Holiday credit shall be automatically posted to OBISOffender Based Information System from scanned time cards.

  • ETOExcused Time Off

    • An inmate assigned for a minimum of 20 days in any month shall earn 16 hours of ETOExcused Time Off in full-time assignments and 8 hours in half-time assignments for each month. An additional 8 hours of credit for full-time and 4 hours of credit for half-time shall be granted for any time actually worked on any State holiday. A maximum of 192 hours for full-time and 96 hours for half-time may be accrued. ETOExcused Time Off shall be used in increments of 2 hours. ETOExcused Time Off used in excess of ETOExcused Time Off earned shall be recorded as an absence.

  • Review

    • Review recording of all other worktime documentation including CDC Form 115, Rule Violation Reports; CDC Form 128-G, classification actions; general and medical chronos; and computer entries of credit gains, losses, restorations, and dead time.

  • Calculate

    • Make appropriate calculations and recordings of BPHBoard of Parole Hearings (formerly Board of Prison Terms) decisions.

  • Respond

    • Respond to inquiries from inmates and answer inmate appeals on legal status issues.

  • Record

    • Make proper recordings of all actions/decisions affecting an inmate’s legal status on the CDC Form 112.

  • Disposition

    • Determine disposition of Holds/Wants/Detainers and take appropriate action for resolution.

Periodic audits of the C-File shall be made by CRSs. Audits which include all requirements previously listed in this section shall occur whenever the following exist:

• Upon initial intake at any receiving facility.

• Sixty days prior to an inmate’s scheduled parole/release date.

• Ten days prior to an inmate’s scheduled parole/release date.

• Upon receipt of an additional commitment following initial intake.

• Upon transfer to facilitate federal deportation.

• Every 30 days beginning 9 months prior to release on notorious or special interest cases.

Prior to Transfer

• An audit prior to any transfer, except for deportation purposes, shall consist of proper recording and disposition of Holds/Warrants/Detainers/Notices, proper recording of worktime documentation, and the generation of an updated Legal Status Summary as a result of a work credit gain.

Three Months Prior to BPHBoard of Parole Hearings (formerly Board of Prison Terms) Hearing

• Three months prior to any scheduled BPHBoard of Parole Hearings (formerly Board of Prison Terms) hearing, an inmate’s C-File shall be audited for accurate computation and recording of the Minimum Eligible Parole Date (MEPD) and any decisions previously made by the BPHBoard of Parole Hearings (formerly Board of Prison Terms).

The CDC Form 112 is the first page of the case summary.

A CDC Form 188 shall be prepared manually by the LPULegal Processing Unit to record the legal status of inmates committed to the Department with an active life term or Indeterminate Sentence Law term pending implementation of a computer generated legal status program for these cases.

Identifying data on the CDC Form 188 shall include, but not be limited to, the following:

Department Identification Number

• Show the assigned departmental identification number (CDCRCalifornia Department of Corrections and Rehabilitation Number).

Name

• Commitment Name.

• The commitment name shall be recorded as reflected on the original Abstract of Judgment/Minute Order by which the inmate was delivered to the custody of the Department.

• If the Abstract contains two or more names, the first name shown shall be used as the commitment name. If one of the names is documented as the true name, the true name shall be shown as the commitment name.

• Names on subsequent commitment documents which differ from the original commitment name shall be recorded as Also Committed As (ACAAmerican Correctional Association), e.g., Jones, George; ACAAmerican Correctional Association: Jones, John.

• If the individual is received with multiple cases, use the name on the case sentenced the earliest.

• If the individual is received with cases from multiple counties, use the name on the Abstract prepared by the county which delivered the individual.

Name Change Procedures

• Subject to Section 1279.5 of the California Code of Civil Procedure, no person under the jurisdiction of the California Department of Corrections and Rehabilitation shall be allowed to file a petition to change his or her name except as permitted by the Department. Delegation of the Secretary’s authority to permit an inmate or parolee to file a petition for a change of name has been granted to the Associate Directors (AD) of the DAIDivision of Adult Institutions (formerly Institutions Division) and to the Deputy Director of the DAPODivision of Adult Parole Operations (formerly P&CSD). The following procedures shall be followed:

  • Each inmate or parolee request for a legal name change shall initially be reviewed and approved or denied by either the responsible Warden or RPARegional Parole Administrator.

  • If circumstances do not exist to grant approval, the Warden or RPARegional Parole Administrator shall respond to the inmate or parolee in writing stating the reasons for the denial. A copy of the response shall be placed in the inmate’s/parolee’s central file.

  • If the Warden or RPARegional Parole Administrator determines the request should be granted, the request shall be forwarded to the appropriate AD or to the Deputy Director, DAPODivision of Adult Parole Operations (formerly P&CSD), along with a cover memo stating the reasons for granting the request. A copy of the memo shall be placed in the miscellaneous section of the inmate’s/parolee’s central file.

  • If approved, the AD, DAIDivision of Adult Institutions (formerly Institutions Division), or the Deputy Director, DAPODivision of Adult Parole Operations (formerly P&CSD), shall forward a letter to the court accompanying the inmate’s or parolee’s request explaining why the Department is recommending approval for the legal name change. A copy of this letter shall be placed in the miscellaneous section of the inmate’s or parolee’s central file.

  • If the AD, DAIDivision of Adult Institutions (formerly Institutions Division), or Deputy Director, DAPODivision of Adult Parole Operations (formerly P&CSD), does not approve the request, a letter will be forwarded to the inmate or parolee stating the reasons for the denial, a copy of which will be placed in the miscellaneous section of the central file.

  • When a court ordered name change is received as a result of a department approval, the Correctional Case Records Manager shall notify the facility mailroom and visiting room of the change if the person is an inmate, or the agent of record if a parolee. The court order shall be filed along with the other documents regarding the request for name change in the person’s central file.

  • The mailroom and visiting room staff of the facility shall update their records to reflect the additional name of the inmate.

  • The original commitment name of the inmate or parolee shall remain on all departmental records and shall continue to be used on all Department records.

  • The new legal name shall be recorded in the OBISOffender Based Information System as an “Also Committed As…”

  • The inmate shall be notified to inform all persons who may visit or write him/her that they must use the inmate’s departmental identification number when using the inmate’s new name.

  • If an institution or parole office receives a court ordered legal name change that had not been recommended for approval by the Department, but the order was not the result of a successful court challenge against a previous departmental disapproval of the name change, the appropriate Warden or RPARegional Parole Administrator shall forward the order to the Department Secretary or his or her designee for appropriate action pursuant to Section 1279.5 of the Code of Civil Procedure. If an institution or parole office receives a court ordered name change as the result of a successful court challenge against a previous departmental disapproval of the name change, the Warden or RPARegional Parole Administrator shall process the name change in accordance with this section.

Ethnicity

• Ethnic Group: American Indian, Black, Cambodian, Chinese, Columbian, Cuban, Filipino, Guamanian, Guatemalan, Hawaiian, Indian (from India), Jamaican, Japanese, Korean, Laotian, Mexican, Nicaraguan, Puerto Rican, Salvadorian, Samoan, Thai, Vietnamese, and White (includes Hindu, Portuguese, Spanish, and West Indian).

The date the controlling term starts is as follows:

• The term start date shall be the same as the date received by the Department on the controlling commitment.

• If an additional commitment is received by mail and the date of sentence is prior to the original received date, the original received date shall be the term start date.

• If a concurrent commitment which becomes the controlling case is received by mail where the inmate is sentenced in absentia, the date the commitment was received shall be the term start date and postsentence credit shall be calculated and applied to the term.

• If an additional commitment which becomes the controlling case is received, where the inmate has gone out to court for sentencing, the term start date is the date the inmate returns to the Department from the prosecuting jurisdiction.

• If an additional commitment is pursuant to a probation revocation, the original received date shall be the term start date.

Federal or Out-of-State Prisoner

• If a federal or out-of-state prisoner goes out to court and receives a California Controlling Commitment term, the term start date is the date the prisoner is received in the other jurisdiction after sentencing on the California case.

• If a federal out-of-state prisoner is sentenced in absentia to a California Controlling Commitment term, the term start date is the date sentenced.

• If a federal or out-of-state prisoner receives a California Controlling Commitment term pursuant to a probation revocation, the original received date in the other jurisdiction shall be the term start date.

Maximum Release Date

• The Maximum Release Date (MRDMax Release Date) is calculated by adding the controlling term to the term start date, minus preprison custody credits, and plus any dead time (at-large on escape status/while released on appeal bond or bail).

• The facility CCRMCorrectional Case Records Manager shall ensure that the MRDMax Release Date is calculated and entered. On manually prepared CDC Form 188s, any subsequent adjustment to the original MRDMax Release Date shall be entered in pencil to permit correction or change.

• If one of the controlling offenses is a life term, the maximum release date shall be shown as “to be determined.” If one of the controlling offenses has an ISLIndeterminate Sentence Law sentence, the maximum release date shall be calculated and entered after the BPHBoard of Parole Hearings (formerly Board of Prison Terms) has set the term.

Minimum Release Date/MINMinimum DSLDeterminate Sentence Law/EPRDEarliest Possible Release Date/MEPD

• An inmate’s release date or parole eligibility date may be recorded as a Minimum Determinate Sentence Law (DSLDeterminate Sentence Law) Release Date (MINMinimum DSLDeterminate Sentence Law), Earliest Possible Release Date (EPRDEarliest Possible Release Date), or Minimum Eligible Parole Date (MEPD), depending on the controlling term.

DSLDeterminate Sentence Law Non-IW/TIP

• Non-IW/TIP DSLDeterminate Sentence Law terms have a MINMinimum DSLDeterminate Sentence Law date which is the maximum release date minus goodtime credit plus any credit losses or dead time.

DSLDeterminate Sentence Law IW/TIP

• IW/TIP DSLDeterminate Sentence Law terms have an EPRDEarliest Possible Release Date. The EPRDEarliest Possible Release Date is the maximum release date minus vested credits, plus credit losses or dead time and less the potential amount of goodtime credit to be earned based upon credit earning status.

• Information relating to the IW/TIP is found in DOMDepartment Operations Manual 73030.4 and 73030.6.3.

Indeterminate/Life Term

• If one of the controlling offenses has an indeterminate or life term, manual entry of the MEPD into OBISOffender Based Information System will be made at the time of initial audit and changed as necessary due to any recalculation.

Parole Period

• The parole period entry shall reflect the maximum parole period required by law (e.g., one year, three years, five years, life).

Sosa Credit

• Any preprison credit in excess of the term assessed for a particular offense must be used to reduce the maximum parole period (In re Sosa (1980) 102 Cal. App. 3d 1002). This entry shall read: “________ years minus ________ days In re Sosa.” If additional credits are received, which are applicable under In re Sosa, the entry shall be changed accordingly.

Base Term

For the base term, show the base term for the controlling offense.

• If the controlling offense has a determinate term, the entry shall be a four digit entry.

• EXAMPLE:
  5 Year Term = 05-00
  5 Year 8 Months Term = 05-08

  • Whether the controlling offense has an indeterminate or determinate term of one-year-and-one-day, show the base term as 1-year-and-1-day.

  • If the controlling offense has a life term, show the base term as life.

  • If the controlling offense has an indeterminate life term of 25-life, 20-life, 15-life, etc., the base term shall be recorded as such.

Enhancements/Consecutive (CSControl Services) Terms

• Enter the total sentence for any enhancement(s) and/or CSControl Services term(s) added to the controlling term, including:

  • Prior prison terms or prior felony convictions.

  • Enhancements pursuant to PCPenal Code §§ 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.6, 12022.7 12022.75, 12022.8, 12022.9; H&SCHealth and Safety Code §§ 11370.2, 11370.4, 11379.8, etc..

  • CSControl Services subordinate terms (PCPenal Code 1170.1).

  • Wholly CSControl Services DSLDeterminate Sentence Law terms.

  • CSControl Services ISLIndeterminate Sentence Law terms.

• The entry for this section shall be a four digit entry.

• EXAMPLE:
  8 Months = 00-08
  4 Years = 04-00

• Whether the CSControl Services term is for an indeterminate or determinate term of one-year-and-one-day, show the term as 1-year-and-1-day.

• If the CSControl Services term is for a life term, show the term as life.

• If the CSControl Services sentence is for an indeterminate term of 25-life, 20-life, or 15-life, show the term as such.

• If the CSControl Services sentences/enhancements are combined, they shall be recorded as:
  Life + 4 years = Life + 04-00
  25-Life + 4 years = 29-Life
  25-Life + 25-Life = 50-Life
  4 years + 1-year-and-1-day = 04-00 + 1-year-and-1-day

• Total Term: Show the total term for the controlling case(s). This is the sum of the base term and enhancements/CSControl Services sentences.

The preprison credit entry shall reflect the credit granted by the court(s) and reflected on the Abstract(s) of Judgment/Minute Order (s) for the controlling principal term and any CSControl Services counts or cases, plus credit administratively granted by the Department. The credits shall be recorded by the specific type of credit, whether accurately reflected on the Abstract/Minute Order and/or administratively granted.

• Preprison credit includes:

  • PCPenal Code 2900.5

    • PCPenal Code 2900.5. Reflect only actual days in local custody even if the Abstract of Judgement reflects a combination of PCPenal Code 1203.03 and PCPenal Code 2931 credit.

    • Whether included in whole or in part on the Abstract of Judgement, reflect the following:

  • PCPenal Code 1203.03

    • PCPenal Code 1203.03. Actual days in the Department’s custody as a “Z” case.

  • PCPenal Code 2900.1

    • PCPenal Code 2900.1. Actual amount of time served in the Department for the same offense.

  • CRCCalifornia Rehabilitation Center

    • CRCCalifornia Rehabilitation Center credit. Actual days confined under the Civil Addict Program, including time in custody on parole hold (our hold only).

  • Mental Health

    • Mental health credit. Days confined as incompetent to stand trial (PCPenal Code 1375.5).

  • PCPenal Code 4019

    • PCPenal Code 4019. Reflect days of goodtime credit granted by the court for time spent in local custody, as a condition of probation or pursuant to People v. Sage.

  • PCPenal Code 2931

    • Reflect goodtime credit granted for prior departmental time served on the same offense as PCPenal Code 2900.1. The CDC Form 112, for the prior term shall be reviewed to determine if there are losses of credit.

  • Total Credit

    • Total preprison credit. Reflect the total days of credit granted excluding credit applied pursuant to In re Sosa.

  • In re Sosa

    • Credits applied pursuant to In re Sosa shall not be reflected in this section but shall be applied to the parole period as specified in DOMDepartment Operations Manual 73010.6.2.

Abstracts of Judgment combining CSControl Services terms shall reflect the combined amount of preprison credit applicable to the total term. In those instances where the preprison credit is not combined on the last Abstract, record the preprison credit from the other Abstract(s) in order to reflect the total amount of preprison credit to which the inmate is entitled. Any preprison credit which is clearly and totally overlap credit shall not be applied in this manner.

In some cases the principal offense on an earlier Abstract may become the subordinate offense on the Abstract combined pursuant to PCPenal Code 1170.1 (a). If the preprison credit on the first Abstract exceeds the term imposed as a subordinate term, only the amount of credit equal to the subordinate term shall be applied, as stated above. Any preprison credit in excess of the term assessed shall be used to reduce the maximum parole period.

These entries shall reflect the appropriate code and section when a psychiatric referral, notice or registration is statutorily required prior to release on parole.

• PCPenal Code 3002

  • PCPenal Code 3002 requires a psychological evaluation prior to parole of persons convicted of child abuse or neglect.

• H&SCHealth and Safety Code Code 11590

  • Narcotic offender registration pursuant to H&SCHealth and Safety Code 11590 is required for the current offense only. A person is required to register with the Chief of Police or sheriff of the county of residence for five years following discharge from prison or release on parole.

• PCPenal Code 290

  • Sex offender registration requirement pursuant to PCPenal Code 290 is with the Chief of Police or sheriff of the county of residence and is applicable whether the sex offense is for the current offense or for a previous registerable offense. This requirement is for life.

• PCPenal Code 457.1

  • Arson offenders sentenced pursuant to PCPenal Code 451 and/or 453, whose crimes were committed on or after 1-1-85, if so ordered by the court and reflected on the commitment document, are required to register with the police in the city or the sheriff in the county of residency pursuant to PCPenal Code 457.1. This requirement shall terminate five years after discharge.

• PCPenal Code 11150

  • PCPenal Code 11150 requires notification of release of persons convicted of any arson offense to the State Fire Marshal, all police departments, and the sheriff of the county in which the person was convicted and, if known, of the county of residence. The notice shall indicate the name of the person to be released, the county in which they were convicted and, if known, the county of residence.

All BPHBoard of Parole Hearings (formerly Board of Prison Terms) hearing dates will be shown by month and year. BPHBoard of Parole Hearings (formerly Board of Prison Terms) hearings shall be scheduled as outlined in DOMDepartment Operations Manual 74030.

Record the month and year of the scheduled documentation hearing, initial parole consideration hearing, and/or BPHBoard of Parole Hearings (formerly Board of Prison Terms) review.

The offense section of the CDC Form 188 is divided into two parts as follows:

• Controlling principal, wholly CSControl Services terms and CSControl Services subordinate terms, including enhancements.

• Non-controlling terms.

Record

• The information listed below shall be recorded for each case:

  • Date received.

    • Date inmate was received by the Department.

    • If an inmate returns from out-to-court with a new term, the received date is the date the inmate returns from out-to-court. If the subject returns from out-to-court without the Abstract of Judgment and the Abstract is received by mail after the inmate returns from court, the received date shall be the date returned from out-to-court.

    • If an additional commitment is received by mail on a case sentenced prior to the date received in the Department or sentenced in absentia after the inmate has been received in the Department, the received date shall be the date of receipt by mail.

    • If a federal or out-of-state prisoner goes out-to-court and receives a California Controlling Committment term, the received date is the date the subject is received in the other jurisdiction after sentencing on the California case.

    • If a federal or out-of-state prisoner is sentenced in absentia to a California Controlling Committment term, the sentencing date is the received date, unless the sentence is the result of revocation of probation. In probation revoked cases, the date the inmate was received in the other jurisdiction is the term start date.

  • County: Show committing county.

  • Case number: Show committing court case number.

  • Count number: Show count number.

  • Code and section: Show GCGovernment Code number, i.e., PCPenal Code, H&SCHealth and Safety Code, W&I, B&PCPenal Code, VCVehicle Code, etc.

  • Offense: Show as listed on commitment document(s). OBISOffender Based Information System language may vary somewhat from the document entry.

  • Type of weapon: If a weapon enhancement was charged and/or found and whether imposed or stayed, or a weapon was an integral part of the offense, record the weapon type.

  • Date of offense: Show date as recorded in the Information/charging document.

  • Sentence date: Show date of hearing as recorded on the upper left block of the Abstract of Judgment.

Record in this portion of the offense section all cases and/or counts, including enhancements, which make up the controlling term. Prior prison term and prior prison felony conviction enhancements shall also be recorded here.

The count designated as the principal offense shall be recorded first. Record any CSControl Services, subordinate, in-prison offense counts and/or cases in numerical sequence. Record enhancements to specific counts immediately beneath the offense.

EXAMPLE:

Record the number of prior prison terms for which the person was sentenced, if applicable, immediately below the county case number.

EXAMPLE:

Record below the county case number, if applicable, the number of prior felony convictions.

EXAMPLE:

If the sentence imposed was pursuant to PCPenal Code 667.51(c) or 667.7, record this below the county case number.

Record in this portion of the offense section any additional Controlling Commitment counts or cases that have no effect on the controlling principal term. This heading will not be preprinted but added by staff, when applicable.

EXAMPLE:
Non-Controlling Offense:

Additional commitments received by mail, or court returns with a new term(s), shall be added to the appropriate section of the original CDC Form 188, except when the new commitment results in a new controlling principal term.

EXAMPLE: (Added as subordinate.)
Controlling Principal and CSControl Services Subordinate Offenses:

Date Rec’d County Case Number Ct Code & Off Type WPN Date of Offense Sen-.

EXAMPLE: (After a change of principal term.)
Controlling Principal and CSControl Services Subordinate Offenses:

Additional commitments which result in a change of principal term require the preparation of a new CDC Form 188.

Pursuant to PCPenal Code 1170.1(c), in-prison offenses which are CSControl Services by law or ordered by the court to run CSControl Services are wholly CSControl Services to the prior term(s).

People v. McCarthy (1982, 32 Cal. 3d 388) held that PCPenal Code 1170.1(c), read as a whole, called for computation of a single term of imprisonment for all convictions of felonies committed in prison and sentenced CSControl Services, whether multiple convictions occur in the same court proceedings or in different proceedings.

In re Haygood (1985, 769F 2d 1350) held that in some cases CSControl Services sentences for escape charges are not CSControl Services to sentences for offenses committed while at large.

While multiple offenses committed in prison or while subject to reimprisonment for escape may be sentenced to run CSControl Services to each other as provided in PCPenal Code 1170.1(a), that combined term is wholly CSControl Services to the prior term, and may exceed the five-year limitation on CSControl Services sentencing.

These wholly CSControl Services terms are not CSControl Services subordinate terms; they become a part of the total controlling term. Therefore, the fully additional term shall be recorded in the controlling principal term section and the total term added into the controlling term computation.

Since the decisions in McCarthy and Haygood there have been various interpretations and application of the holdings in these cases. The Department has determined to accept the court’s decision, whether it sentences wholly CSControl Services pursuant to PCPenal Code 1170.1(c).

For determinate sentence probation revoked terms received by mail or upon return from court, the term start date is the date of receipt on the original commitment.

Goodtime credit on probation revoked cases shall be computed from the date of receipt on the original commitment.

The full term for an ISLIndeterminate Sentence Law or ISLIndeterminate Sentence Law/DSLDeterminate Sentence Law recalculated case sentenced CSControl Services to a DSLDeterminate Sentence Law case shall be recorded and included and/or added as an enhancement to the base term to determine the total term.

The release dates shall be calculated and recorded for the aggregate term.

In these cases, the inmate continues to have eligibility for parole and term setting consideration by the BPHBoard of Parole Hearings (formerly Board of Prison Terms) on the ISLIndeterminate Sentence Law Term(s) only.

• If an ISLIndeterminate Sentence Law parole date or discharge date is granted on the ISLIndeterminate Sentence Law term(s) only, the case must be recomputed using the ISLIndeterminate Sentence Law parole or discharge date as the term start date for the DSLDeterminate Sentence Law term.

• The inmate shall then be scheduled for release on the earliest of the release dates: ISLIndeterminate Sentence Law release date plus the DSLDeterminate Sentence Law term or the minimum release date on the totally calculated term.

Life term cases shall be recorded manually on a Legal Status Summary by the LPULegal Processing Unit. The following procedures will be followed in the preparation of these cases.

Life terms with the possibility of parole are governed by PCPenal Code 3046, requiring a 7-year minimum service of term, without benefit of goodtime, before eligibility for parole consideration.

The term shall be entered below the offense and shall be recorded as Life.

EXAMPLE:

For crimes of Murder 1st or Murder 2nd committed on or after 11-8-78, terms changed to 25 and 15 years to Life, respectively.

EXAMPLE:

For crimes committed prior to January 1, 1969, PCPenal Code 669 provided that all terms sentenced prior or subsequent to life terms merge with a sentence of “Life”. Following the last count, an explanation of how the terms are affected by PCPenal Code 669 shall be shown.

Exceptions: Commitments under PCPenal Code 4500 between 1965 and 1973 and under PCPenal Code 4530(a).

EXAMPLE:

Pursuant to PCPenal Code 669, cts 2 and 3 merge with ct 1.

Judgments received with orders in conflict with this section shall be recorded in the sentencing data section as specified by the court.

PCPenal Code 669, amended by 1978 statutes, provides that life sentences may be imposed to run CSControl Services to one another or to any other term of imprisonment.

For crimes committed on or after 1-1-79 whenever life terms and determinate terms or enhancements are ordered to run CSControl Services to each other and have the same received date, the determinate term(s) and/or enhancement(s) shall be served first, and no part thereof shall be credited towards the person’s eligibility for parole on the life term as calculated pursuant to PCPenal Code 3046. This applies to terms and/or enhancements imposed pursuant to PCPenal Code 667, 667.5, 1170, 1170.1, 12022, 12022.2, 12022.4, 12022.5, 12022.6, 12022.7, 12022.75, and 12022.9.

A life term with CSControl Services enhancement(s) shall be recorded as follows:

• EXAMPLE:
  Controlling Principle And Consecutive (Including Enhancement) Offence

  Date Rec’d	County Case Number	Ct	Code & Off	Type WPN	Date of Offense	Sentence Date
  07-24-99	SACCalifornia State Prison, Sacramento 3478 1 VPPT	01	P187 Murder 2nd 15-Life P12022.5 W/Use (f’arm (rifle)	CSControl Services	03-12-99	07-21-99

A life term with CSControl Services DSLDeterminate Sentence Law terms shall be recorded as follows:

• EXAMPLE:
  Controlling Principle And Consecutive (Including Enhancement Offence(s)

  Date Rec’d	County Case Number	Ct	Code & Off	Type WPN	Date of Offense	Sentence Date
  12-10-99	LA A127890	01 02 03	P187 Murder 2nd 15-Life P211 robbery P12022.5 W/Use F’arm (Pistol) P211 robbery P12022.5 W/Use F’arm (Pistol)	CSControl Services CSControl Services	03-14-99	12-04-99

This method of recording shall be used when CSControl Services commitments are received with the controlling life term, and/or when an additional commitment(s) is received by mail where the sentence date on the new term is not later than that of the original term.

A life term with a CSControl Services DSLDeterminate Sentence Law in-prison offense term shall be recorded as follows:

EXAMPLE:
Controlling Principle And Consecutive (Including Enhancement) Offence(s)

EXAMPLE:

*Terms on Mar 1234 to commence upon completion of term on LA A12345 pursuant to In re Thompson.

When additional commitments are received a new CDC Form 188, shall be prepared to reflect the aggregate term as shown above. The received date shall reflect the date of receipt of the new commitment with a term starts as of the date of original receipt.

Several sentences remain indeterminate since passage of the DSLDeterminate Sentence Law in 1977. The most common is the one-year-and-one-day sentence.

DSLDeterminate Sentence Law indeterminate cases will be placed on calendar for an initial parole consideration hearing by the BPHBoard of Parole Hearings (formerly Board of Prison Terms) within 120 days of reception into the Department if the MEPD is within 120 days from the reception date. If the MEPD is more than 120 days from reception, the initial hearing shall be scheduled one month prior to the MEPD (BPT 2273).

These cases require special processing following determination by the BPHBoard of Parole Hearings (formerly Board of Prison Terms). The procedures for producing a manually prepared Legal Status Summary as outlined in DOMDepartment Operations Manual 73010.6 will be followed.

These procedures shall be followed in preparing, computing, and recording BPHBoard of Parole Hearings (formerly Board of Prison Terms) actions for DSLDeterminate Sentence Law indeterminate terms.

• DSLDeterminate Sentence Law Indeterminate Term Only

  • Regular ISLIndeterminate Sentence Law procedures shall be followed using the BPT Form 1010 for recording the determination and making the period of confinement computation.

• DSLDeterminate Sentence Law Indeterminate Controlling Committment with DSLDeterminate Sentence Law Term

  • If the minimum release date for the DSLDeterminate Sentence Law term is later than the statutory maximum for the DSLDeterminate Sentence Law indeterminate term, no BPHBoard of Parole Hearings (formerly Board of Prison Terms) parole hearing is required. If the DSLDeterminate Sentence Law minimum is earlier than the maximum term for the indeterminate offense, the inmate shall be scheduled for an ISLIndeterminate Sentence Law parole hearing. The later release date shall be the controlling release date.

• DSLDeterminate Sentence Law Indeterminate Controlling Committment with ISLIndeterminate Sentence Law Term

  • Regular ISLIndeterminate Sentence Law procedures shall be followed using the BPT Form 1010 for recording the determination and making the period of confinement computation. In addition, a PCPenal Code 1170.2(a) recalculation shall be made for the ISLIndeterminate Sentence Law terms.

• DSLDeterminate Sentence Law Indeterminate CSControl Services with DSLDeterminate Sentence Law Term

  • Schedule the DSLDeterminate Sentence Law indeterminate case for the first available ISLIndeterminate Sentence Law parole consideration hearing for determination of the indeterminate case only. A BPT Form 1010 shall be used for this determination. The reception date for the ISLIndeterminate Sentence Law computation shall be the date originally received on the offenses involved.

  • The release date for the DSLDeterminate Sentence Law indeterminate offense shall be the term start date on the DSLDeterminate Sentence Law term. A DSLDeterminate Sentence Law computation shall then be completed for the remaining DSLDeterminate Sentence Law term.

• DSLDeterminate Sentence Law Indeterminate CSControl Services with ISLIndeterminate Sentence Law Term

  • Schedule an ISLIndeterminate Sentence Law parole consideration hearing on the first available ISLIndeterminate Sentence Law hearing calendar. The ISLIndeterminate Sentence Law portion of the BPHBoard of Parole Hearings (formerly Board of Prison Terms) determination shall be processed in accordance with existing ISLIndeterminate Sentence Law hearing procedures.

• Combined DSLDeterminate Sentence Law Recalculation and ISLIndeterminate Sentence Law Hearing for the DSLDeterminate Sentence Law Indeterminate Case

  • During the ISLIndeterminate Sentence Law parole consideration hearing, the BPHBoard of Parole Hearings (formerly Board of Prison Terms) hearing panel shall enter in the comments section of the BPT Form 1010, a determination of the amount of time assessed for the DSLDeterminate Sentence Law indeterminate offense for the purpose of determining the CSControl Services factor of the recalculation.

  • A separate BPT Form 1010 shall be used by the specialist to compute the release date for the DSLDeterminate Sentence Law indeterminate case. This BPT Form 1010 shall be attached to the original form with a notation, “see ISLIndeterminate Sentence Law BPT Form 1010 dated ________.” This release date shall be used as the term start date in the computation on the CDC Form 678, Confinement Computation, for the recalculation of the remaining counts or cases.

  • A PCPenal Code 1170.2(b) (extended term) screening shall be made at the time of initial processing to ensure completion prior to 90 days after receipt.

  • Upon completion of the recalculation of the counts or cases, the CDC Form 678 shall be presented to a BPHBoard of Parole Hearings (formerly Board of Prison Terms) panel for signature.

PCPenal Code 4532(a), Escape From County Jail Without Force, where the crime was committed on or after 1-1-85, has a determinate sentence of one year and one day.

The procedure for producing a manual face sheet as outlined in DOMDepartment Operations Manual 73010.6 shall be followed except for DOMDepartment Operations Manual 73010.6.3, Release Data. Release dates shall not be calculated by the LPULegal Processing Unit on these cases. The specialist at the institution housing the inmate shall compute the release date upon receipt of the manual face sheet.

No referral to the BPHBoard of Parole Hearings (formerly Board of Prison Terms) is required and those cases are calculated in the same manner as for other DSLDeterminate Sentence Law terms.

On cases with life terms, enter the following information above the name, number, etc., at the bottom of the first page:

• Defense Counsel.

• Investigating agency.

Record on each page of the Cumulative Case Summary the last name, number, unit of the Department, date, the initials of the CRSCorrectional Case Records Specialist who calculated the case and the initials of the typist.

• EXAMPLE:
  JONES A50000 RCReception Centers-C 1-12-88 ROReporting Officer/cs

A computerized legal status summary is generated only on cases which have determinate sentences, including cases recalculated pursuant to PCPenal Code 1170.2(a).

Identifying data on a computerized legal status summary is the same as specified for manually prepared Legal Status Summary sheets in DOMDepartment Operations Manual 73010.6.1 with the addition of the Date of Birth on the computerized version.

The OBISOffender Based Information System Computer will calculate, with exceptions, the following release dates and reflect them on the face sheet.

DSLDeterminate Sentence Law Non-IW/TIP and Non-Vested DSLDeterminate Sentence Law IW/TIP Cases:

• Maximum Release Date.

• Minimum Release Date.

• Maximum Adjusted Release Date.

• Minimum Adjusted Release Date.

DSLDeterminate Sentence Law IW/TIP Cases:

• Maximum Release Date.

• Maximum Adjusted Release Date.

• Current Release Date.

• Earliest Possible Release Date.

Manual Calculations

• Maximum release dates, maximum adjusted release dates and EPRDs must be manually calculated and verified for manual entry into OBISOffender Based Information System or manual correction on the Legal Status Summary in the following circumstances:

  • When the offense data on a case(s) requires manual entry into OBISOffender Based Information System because of program edit errors.

  • When computation of a concurrent additional commitment results in a controlling maximum date on other than the controlling case.

    • The non-controlling maximum date shall be lined through and the controlling maximum date shall be written in.

  • When vested credit is a manual entry.

The EPRDEarliest Possible Release Date on a Legal Status Summary generated by a work credit gain shall not be correct in the following circumstances:

• When credit losses exceed credit earned at the time of the gain.

• When the gain is through the last day prior to a change in work credit earning status.

• When the correction of time collection data results in a negative balance of a fraction of .5.

Following manual calculation, the incorrect EPRDEarliest Possible Release Date shall be lined through and the correct date as manually calculated shall be entered on the Legal Status Summary.

The face sheet shall reflect as the base term, the term for the controlling offense. The entry for this section shall reflect the term in years and months.
EXAMPLE:

The face sheet shall reflect the total term for all enhancements included in the controlling total term.

Based on the commitment data the OBISOffender Based Information System computer will determine the appropriate parole period. Credits pursuant to In re Sosa will be reflected in the section next to the parole period section.

Refer to DOMDepartment Operations Manual 73010.6.5.

Refer to DOMDepartment Operations Manual 73010.6.6.

The offense data section is divided into three parts.

• Controlling case. Offenses and enhancements in the case with the principal term which are included in the controlling term.

• CSControl Services factors. Offenses and enhancements from other cases which are included in the controlling term.

• Non-Controlling offenses. Offenses and enhancements which are not included in the controlling term.

Record

• The following information will be recorded for each count:

  • Received date.

  • County of commitment.

  • Case number.

  • Sentence date.

  • Count.

  • Offense code.

  • Offense description.

  • Offense date.

EXAMPLE:
Controlling Principle And Consecutive (Including Enhancement) Offence
—–CONTROLLING CASE—–

Non-IW/TIP or non-vested IW/TIP cases will reflect the following information at the bottom of the Legal Status Summary:

A PORProbation Officer Report is prepared by the probation officer in the county where the offense was committed and is considered the main body of the Case Summary. The circumstances of the offense are included in the PORProbation Officer Report.

The statements of views submitted pursuant to PCPenal Code 1203.01 by the sentencing judge, DA, defense attorney, and law enforcement agencies shall be included in the Case Summary if a PORProbation Officer Report is not available. A copy of the arrest report shall be requested and included in the Case Summary if the PORProbation Officer Report or statement of views does not contain circumstances of the offense.

This section is an actual reproduction of the CI&ICriminal Identification and Information SSCHState Summary - Criminal History.

PCPenal Code 11120-11126, relating to the SSCHState Summary - Criminal History Information maintained under a person’s name by DOJDepartment Of Justice, provide that any person desiring a copy of this record may make application to State DOJDepartment Of Justice for such record, and upon such request, State DOJDepartment Of Justice shall furnish that person with a copy.

Statutes prohibit the Department from providing an inmate with a copy of their SSCHState Summary - Criminal History. However, an inmate may retain a copy of the record which they obtained from State DOJDepartment Of Justice.

H&SCHealth and Safety Code 11361.5(c) states: “Destruction of records of arrest and/or conviction pursuant to subdivision (a) or (b) of this section shall be accomplished by permanent obliteration of all entries or notations upon such records pertaining to the arrest or conviction, and the records shall be prepared again so that it appears that the arrest or conviction never occurred”.

Application for destruction of records as indicated above, must be submitted to and processed by State DOJDepartment Of Justice. Upon being advised by DOJDepartment Of Justice that an application has been approved, these procedures shall be followed in removing the information from all departmental records:

• Upon receipt of the information from CI&ICriminal Identification and Information that an item(s) has been removed pursuant to H&SCHealth and Safety Code 11361.5, institution/region case records staff shall obliterate all references to the removed material from the Legal Section of the C-file. The new SSCHState Summary - Criminal History shall be inserted into all copies of the Case Summary.

• Facility case records staff shall then forward the C-File to the assigned counselor. The counselor shall review the entire C-File and other Department records and remove all references to any arrest or conviction which has been removed from the SSCHState Summary - Criminal History pursuant to H&SCHealth and Safety Code 11361.5. Revisions to material in the Case Summary shall require complete redistribution of the corrected material.

• Region case records staff shall forward the C-File to the regional “Olson” coordinator who shall review the entire C-File and other departmental records and remove all references to any arrest or conviction which has been removed from the SSCHState Summary - Criminal History pursuant to H&SCHealth and Safety Code 11361.5. Revisions to material in the Case Summary shall require complete redistribution of the corrected material. A corrected copy of the Case Summary shall be forwarded to the Parole Agent for placement in the field file.

The FBIFederal Bureau of Investigation provides the Department with a reproduction of criminal history similar to the State criminal history with the addition of arrests and/or convictions which were reported in all and any other state and/or for federal offenses.

Many cases are complicated by multiple commitments and/or amended judgments received while the individual is in the reception center, facility, or on parole. The receipt of a new commitment requires modification of the Legal Section as follows:

• A new Legal Status Summary shall be prepared showing each additional commitment and/or modification.

• A new CI&ICriminal Identification and Information report replaces the previous CI&ICriminal Identification and Information report.

• A new FBIFederal Bureau of Investigation report replaces the previous FBIFederal Bureau of Investigation report.

An entry shall be recorded on the CDC Form 112, reciting the date of the change, the authority for the change, the county, and the case number (e.g., 3 Pfcs stricken; degree of Burg modified from 1st to 2nd).

In instances where the sentence is modified by the appellate court, the Legal Status Summary shall be changed in accordance with the decision of the appellate court upon receipt of a certified copy of a Remittitur from the appellate court.

Where the appellate court directs the case to the Superior Court for re-sentencing, and by opinion leaves open-ended the structure for re-sentencing, the Legal Status Summary shall be changed upon receipt of an amended Abstract of Judgment and/or Minute Order from the Superior Court. Information related to judgments on appeal is found in PCPenal Code 1258, et. al.

The Director, Division of Adult Institutions, or designee shall be responsible for ensuring that the contents of this Article are kept current and accurate.

BPHBoard of Parole Hearings (formerly Board of Prison Terms) Rule 2273.

In re Sosa (102 Cal App 3d, 1980).

People v. McCarthy (32 Cal 3d 388, 1982).

In re Haygood (769 Cal 2d 1350, 1985).

H&SCHealth and Safety Code §§ 11361.5, 11370.2, 11370.4, 11379.8, and 11590.

PCPenal Code §§ 290, 290.2, 451, 453, 457.1, 669, 1170, 1170.1, 1170.2, 1203.01, 1203.03, 1258, 1375.5, 2900.1, 2900.5, 2931, 3002, 3046, 3058.6, 3058.8, 4019, 4532(a), 11120 – 11126, 11150, 12022, and 12022.2 – 12022.9.

Code of Civil Procedure Section 1279.5