Article 10 – Legal Status Information
73010.6.1 Identifying Data
Revised February 16, 2008-
Identifying data on the CDC Form 188 shall include, but not be limited to, the following:
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Department Identification Number
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Show the assigned departmental identification number (CDCRCalifornia Department of Corrections and Rehabilitation Number).
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Name
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Commitment Name.
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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.
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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.
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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.
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If the individual is received with multiple cases, use the name on the case sentenced the earliest.
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If the individual is received with cases from multiple counties, use the name on the Abstract prepared by the county which delivered the individual.
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Name Change Procedures
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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The mailroom and visiting room staff of the facility shall update their records to reflect the additional name of the inmate.
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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.
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The new legal name shall be recorded in the OBISOffender Based Information System as an “Also Committed As…”
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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.
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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.
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Ethnicity
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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).
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