Department of Corrections and Rehabilitation - Operations Manual

Chapter 7 – Adult Case Records Information

Article 10 – Legal Status Information

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73010.4 Preparation and Audit Requirements

Revised June 16, 1995
  • 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.