Chapter 7 – Adult Case Records Information

The Wanted Persons System (WPSWanted Persons System) shall be used to ensure prompt notification to other agencies of persons wanted by the Department.

This section sets forth uniform procedures for processing notifications on escapees, parolees who have absconded from parole supervision, or inmates who have been released prior to their scheduled release dates and must be returned to custody.

The WPSWanted Persons System is an automated data system providing information on persons wanted by various law enforcement agencies. It encompasses:

• CLETSCalifornia Law Enforcement Telecommunications System.

• DOJDepartment Of Justice WPSWanted Persons System.

• The National Crime Information Center (NCICNational Crime Information Center).

• All Points Bulletin (APBAll Points Bulletin).

• The CDC WPSWanted Persons System.

The CLETSCalifornia Law Enforcement Telecommunications System is a data computer system that facilitates entries into the following systems:

• DOJDepartment Of Justice WPSWanted Persons System. Entries into this system shall not appear outside the state. A WPSWanted Persons System notification remains in the system until cancelled.

• NCICNational Crime Information Center. This system is maintained by the FBIFederal Bureau of Investigation with State DOJDepartment Of Justice assuring proper statewide operation. A want entered into NCICNational Crime Information Center shall appear nationwide upon inquiry. A requirement of a want entered into NCICNational Crime Information Center is that the person shall be extradited.

The APBAll Points Bulletin is a separate system that operates through CLETSCalifornia Law Enforcement Telecommunications System. APBs are routed to statewide terminals programmed to receive them. APBs are sent after regular working hours, holidays and weekends, to the Identification (IDInstitutions Division (see DAI))/Warrants Unit to enter the APBAll Points Bulletin into the WPSWanted Persons System/NCICNational Crime Information Center. The APBAll Points Bulletin is automatically purged after 72hours.

Facility/parole staff shall follow these procedures when an inmate escapes, or fails to return from a temporary community leave, or is released prior to his/her scheduled release date and should be returned to custody.

Prepare a CDC Form 140, State Prison Escape Bulletin, in accordance with the Department’s escape plan.

Initiate an APBAll Points Bulletin at the earliest possible time. FAX a CDC Form 600A, APBAll Points Bulletin FAX Worksheet, to the IDInstitutions Division (see DAI)/Warrants Unit.

The IDInstitutions Division (see DAI)/Warrants Unit shall enter the want into the CLETSCalifornia Law Enforcement Telecommunications System/WPSWanted Persons System which automatically generates entry into the NCICNational Crime Information Center system, and OBISOffender Based Information System using the escapee’s CDC number as the warrant number. These wants shall indicate the escapee is wanted to finish their term.

Facilities shall not enter the “permanent” want; however, they retain responsibility for:

• Presenting the facts to the DA within 72 hours and obtaining a warrant for the escapee’s arrest. The local sheriff’s office is responsible for entering a want on the escape charge.

• Teletyping notice to the Chief, Correctional Case Records Services, giving escape information, county warrant number and whether the county has entered a want on the escape charge.

• Prompt notification to the Chief, Correctional Case Records Services, of an escapee’s apprehension.

• Canceling any APBs issued by the facility when the escapee is apprehended within 72 hours.

• Making notifications pursuant to the DOMDepartment Operations Manual 72060.

Escape notices shall adhere to the following:

• CDC Form 600, Wanted Persons System NotificationAddendum A, shall be available for use in preparing APBs.

• The descriptive information shall be completed in the order shown as adopted by agencies of State DOJDepartment Of Justice.

• APBs and cancellations on escapes from conservation camps or emergency firefighting crews shall clearly indicate that the escape was from a Department facility.

• The CDC Form1 40 shall be 81/2″ x 11″. List the descriptive information in the order shown. Where case records material describes tattoos or other physical oddities, give adequate descriptive detail. The use of the term “multiple tattoos” shall not be used unless preceded by a specific description and location of one or more of them. The name of co-escapee(s), if any, shall be noted under “additional data.”

• Escape bulletins posted in public places shall have the personal information removed (lower portion of the form). The IPAInformation Practices Act prohibits posting of personal information in a public place without the consent of the person. Other law enforcement agencies posting these forms assume responsibility for removal of this information.

Facility staff shall ensure that local law enforcement each receive:

• A minimum of 12 escape bulletins.

• A minimum of six glossy photographs.

• A copy of the escapee’s CI&ICriminal Identification and Information SSCHState Summary - Criminal History report.

• A case summary.

• A list of visitors, correspondents and addresses, if known.

Escape bulletins shall also be distributed to headquarters, special services units, facilities, and parole regions so mutual assistance may be given in the apprehension and return of escaped prisoners.

If the escapee has a close relative or crime partner on parole, an escape bulletin shall also be forwarded to the appropriate parole unit office.

Escape bulletin cancellations shall be distributed to the same agencies that receive the escape bulletin, immediately following the apprehension of the escapee. The original escape bulletin shall be used by stamping “cancelled” across the bulletin along with the effective date of the cancellation.

To close an escapee’s records under the “presumption of death,” their age shall be 70 years or older and whereabouts unknown for 7 years or more.

The CCRMCorrectional Case Records Manager shall initiate the presumptive death procedure:

• Obtain a current FBIFederal Bureau of Investigation SSCHState Summary - Criminal History.

• Complete a CDC Form 644, Certificate of Presumptive Death.

• Forward the original and one copy to the Chief, Correctional Case Records Services, for approval.

The original certificate shall be returned to the facility for permanent retention in the inmate’s C-File. The copy shall be forwarded to State DOJDepartment Of Justice, CI&ICriminal Identification and Information. Upon receipt of the signed certificate, the CCRMCorrectional Case Records Manager shall:

• List the “presumptive death” on the daily report of arrivals and departures.

• Post the action to the CDC Form 112, Chronological History.

• File the original certificate in the inmate’s C-File.

• Send the C-File to the designated region records office for microfiching. They shall forward the microfiche to the archives unit.

This acts to remove all departmental active records on the inmate.

When notified of the escape of a Department inmate housed in another state or federal prison, Region I case records staff shall send a FAX to the Chief, Correctional Case Records Services.

Follow the same procedures as for any other escapee except:

• Obtain a warrant from the DA for the escapee’s arrest on escape charges.

The interstate compact unit shall make every effort to encourage the authorities of the facility where the escape occurred to:

• File local charges.

• Enter a want on escape charges, including the Department as an agency to be notified when the escapee is apprehended.

Pursuant to the W&I 3002, escape from a civil addict facility is a felony. Follow the same procedures as for any other escapee.

If sentenced to state prison on the escape charge, the civil addict commitment shall be referred back to the committing court as unsuitable. Discharge procedures shall be followed.

After an escapee has been at-large one year, and their whereabouts remain unknown, an exclusion letter shall be prepared and sent to the court of commitment pursuant to W&I 3053. Upon completion of the exclusion process, a FAX shall be sent to the IDInstitutions Division (see DAI)/Warrants Unit requesting removal of the want from the WPSWanted Persons System and the departmental warrants’ register.

An escapee apprehended by departmental personnel cannot be released to county officials for prosecution on an escape charge until a superior court issues an order as provided in PCPenal Code 2620. A warrant issued by a municipal court for apprehension and return of an escapee is not sufficient authority for surrendering custody of an inmate.

An escapee apprehended and released to a departmental employee shall be returned to a facility as soon as possible for safekeeping until released in accordance with PCPenal Code 2620.

An escapee arrested by officials not connected with CDC shall be held by the arresting agency for prosecution.

18 USC 1073 provides for the issuance of a warrant for the apprehension of a person under commitment for murder, kidnapping, burglary, robbery, mayhem, arson, rape, assault with a dangerous weapon, extortion by threat or coercion, or an attempt to commit any of the above offenses. When an inmate committed for one of these offenses escapes and there is reason to believe the escapee left the state, the Warden shall notify the resident agent of the FBIFederal Bureau of Investigation.

The U.S.United States Attorney of the district in which the facility is located shall be notified by letter of the issuance of the warrant of arrest and that the prisoner shall be extradited if apprehended. They shall be provided with the information outlined in the escape report and requested to issue a warrant in accordance with the 18 USC 1073.

Upon apprehension of an escapee, the Warden shall request immediate custody, and if the request is granted, the escapee shall be returned immediately to the facility. If immediate custody cannot be obtained, the Warden shall place a hold using a CDC Form 801, Notice of Detainer, for the return of the prisoner when they become available for return.

County warrants charging escape expire after three years. The CCRMCorrectional Case Records Manager shall review the list of escapees monthly. Any escapee at-large for two-and-one-half years shall be referred to the DA to obtain a Grand Jury indictment prior to the expiration of the three-year period.

When extradition procedures are initiated, an “affidavit of escape” shall be prepared and forwarded to the Captain, Transportation Unit. This document is required by the controller’s office so that the transportation officers may be reimbursed for expenses incurred in returning the escapee to California.

A parolee is an absconder when it is determined by the BPT that the parolee’s whereabouts are unknown.

When it has been determined that the parolee is at-large, the Parole Agent shall prepare a CDC Form 600 and submit it to the regional records staff with a CDC Form 1524, Parolee At Large Report (PALParolee-At-Large Report).

The CDC Form 600 shall be reviewed for completeness by an office technician or higher and sent to the BPT Central Office Calendar with the PALParolee-At-Large Report, or returned to the Parole Agent for completion. The following information shall be included on the CDC Form 600:

• Known aliases (AKA).

• Social Security Numbers (SSISupplemental Security Income) and additional date(s) of birth (ADB) which are recorded on the CI&ICriminal Identification and Information SSCHState Summary - Criminal History report.

• Scars, marks, and tattoos – indicate location and description.

Caution codes shall be included in the caution field. If multiple caution codes are required, enter the most serious caution in the caution field and type out the second caution, in English, as the first item in the miscellaneous field. The “X” caution code shall be entered in the miscellaneous field with an explanation. Use prior history to determine caution. The following caution codes shall be used:

• A = Armed and dangerous

• E = Escape risk

• M = Mentally disturbed

• S = Suicidal

• X = Miscellaneous

  • Miscellaneous field shall contain the commitment offense, not the felony code numbers.

  • The agent’s name and telephone number shall be used by IDInstitutions Division (see DAI)/Warrants Unit staff, but not entered into CLETSCalifornia Law Enforcement Telecommunications System. This information shall be provided to the arresting agency upon apprehension.

  • The reference field shall be used to indicate the region and unit office.

The facility/region case records office shall maintain a log of the CDC Form 600 entry and cancel requests.

IDInstitutions Division (see DAI)/Warrants Unit

• When a CDC Form 600 is received from the BPT, the IDInstitutions Division (see DAI)/Warrants Unit shall:

  • Date stamp the CDC Form 600.

  • Compare the name and date of birth and contact region case records staff concerning any major discrepancies. Change CI&ICriminal Identification and Information and FBIFederal Bureau of Investigation numbers to conform to the CI&ICriminal Identification and Information SSCHState Summary - Criminal History.

  • Enter the want in OBISOffender Based Information System and perform a QCQuality Control review of the FAX entry.

  • Send a list daily of wants entered and cancelled to each regional case records office.

A NCICNational Crime Information Center warrant review shall be completed on all suspended PALParolee-At-Large cases after 60 months in PALParolee-At-Large status.

Parole Agent (4-6 Weeks Prior to Annual and 60Month review)

• Secures and reviews current CI&ICriminal Identification and Information and FBIFederal Bureau of Investigation arrest records for any arrest during period parolee has been PALParolee-At-Large.

(At 60-Month Review)

• Reviews case files of all PALParolee-At-Large cases for commitment offense and prior criminal history if no arrests are noted on CI&ICriminal Identification and Information sheets.

• Forwards copy of original CDC Form 1524, with completed CDC Form 1524-A attached, to BPT recommending:

  • Discharge and recall warrant (if commitment offense and prior criminal history were property offenses with minimum or no history of violent behavior).

  • Discharge and recall warrant (if determined there is minimal chance of parolee being located or committing new crimes, and a minimal history of violence or arrests are indicated by CI&ICriminal Identification and Information or FBIFederal Bureau of Investigation records).

  • Retain in PALParolee-At-Large status and in NCICNational Crime Information Center (if there is a history of violence; CI&ICriminal Identification and Information records show arrests; and there is a probability of parolee being located).

• Current CI&ICriminal Identification and Information and FBIFederal Bureau of Investigation arrest records and legal status summary sheet shall be attached to PALParolee-At-Large report.

• Submits report to unit supervisor.

Unit Supervisor

• Reviews and submits report to BPT for action.

Parole Agent

• The Parole Agent forwards CDC Form 1676, Charge Sheet/Revocation Tracking/Scheduling Request, by FAX to the IDInstitutions Division (see DAI)/Warrants Unit to cancel a warrant.

The IDInstitutions Division (see DAI)/Warrants Unit

• Cancels the warrant in the CLETSCalifornia Law Enforcement Telecommunications System thereby removing the want from NCICNational Crime Information Center and WPSWanted Persons System, and cancels the warrant in the OBISOffender Based Information System.

During normal business hours, the Parole Agent shall contact the region case records office to place a PCPenal Code 3056 hold on a PALParolee-At-Large in custody. After normal duty hours, the agent shall contact the IDInstitutions Division (see DAI)/Warrants Unit to request that a hold be placed and the want cancelled.

When a law enforcement agency requests a hold, the IDInstitutions Division (see DAI)/Warrants Unit shall abstract a warrant to the agency with a copy to the region case records office.

Holds and warrant abstracts forwarded to requesting law enforcement agencies shall include the name and telephone number of a staff contact person. The abstract shall also include the charges, any AKAs and the requesting agency’s booking or case number, if known, on the wanted person.

The region case records office shall notify the Parole Agent of the hold by the next working day. The agent shall immediately identify the subject.

A warrant is no longer active once it has been cancelled in State DOJDepartment Of Justice CLETSCalifornia Law Enforcement Telecommunications System. Once a warrant has been cancelled, it must be reissued for cause by the BPT in order to be used as the basis for entering a want into the state WPSWanted Persons System or NCICNational Crime Information Center. Some warrants for suspended parolees are inadvertently cancelled due to:

• A warrant abstract has been sent to a law enforcement agency on the wrong subject.

• The parolee has been released by a local agency over a CDC hold or detainer.

• Data entry error.

Parole Agent

• Submits a copy of the original CDC Form 1524, the BPT Form 1135, Miscellaneous Decision, and completed CDC Form 600, to regional records upon determining that a warrant has been incorrectly cancelled.

Records Staff

• Forwards PALParolee-At-Large package to BPT central office.

BPT Staff

• Reissues warrant, FAX signed copies of the BPT Form 1135 and CDC Form 600 to IDInstitutions Division (see DAI)/Warrants Unit and forwards a copy of the BPT Form 1135 to the parole unit.

Regional Records Staff

• Posts BPT action to CDC Form 112.

IDInstitutions Division (see DAI)/Warrants Unit Staff

• Reenters want into CLETSCalifornia Law Enforcement Telecommunications System and OBISOffender Based Information System.

Parole Agent

• Forwards CDC Form 1676 by FAX to IDInstitutions Division (see DAI)/Warrants Unit to cancel warrant.

IDInstitutions Division (see DAI)/Warrants Unit Staff

• Cancels warrant in the CLETSCalifornia Law Enforcement Telecommunications System thereby removing the want from NCICNational Crime Information Center and WPSWanted Persons System, and cancels warrant in OBISOffender Based Information System.

If a PALParolee-At-Large is arrested or located in California and there are no violations of the type reserved for decision by the BPT, the RPARegional Parole Administrator may order reinstatement on parole.

The interstate parole office shall abstract a warrant during the normal workday. The IDInstitutions Division (see DAI)/Warrants Unit shall abstract a warrant on weekends and after normal work hours on PALs where a code two warrant has been issued by the BPT.

The IDInstitutions Division (see DAI)/Warrants Unit shall forward, to the Interstate Unit, three certified copies of the BPT warrant on any case where an abstract warrant has been issued or when the BPT has acted to issue a warrant as a detainer only.

The Parole Agent shall submit a written report to the BPT recommending a disposition. The BPT shall determine whether the parolee shall be discharged, referred for supervision in the other state, or scheduled for revocation proceedings.

Emergencies include:

• A parolee/PALParolee-At-Large is apprehended out-of-state and shall be released unless a warrant is immediately issued. The Department’s verbal or regular FAX request to detain shall not suffice to hold the subject.

• The parolee/PALParolee-At-Large’s misconduct is of such a serious nature that any delay incurred by requesting a hold through regular channels would amount to gross negligence on the part of the Department.

• The parolee/PALParolee-At-Large is located/arrested out-of-state and the existing code one warrant needs to be upgraded to code two and a return-to-prison order shall be completed.

These emergencies require submittal to the BPT on a BPT Form 1135.

The Parole Agent shall initiate action for a want by telephoning the region CCRMCorrectional Case Records Manager or other region staff as determined by the RPARegional Parole Administrator.

Depending on the need, the agent shall relay such information as is required for the BPT Form 1135, and if needed, the information for filling out a CDC Form 600 for issuance of a warrant. The region CCRMCorrectional Case Records Manager may determine the type of information needed for the agent.

The CCRMCorrectional Case Records Manager shall:

• Maintain control over regional emergency requests.

• Prepare the BPT Form 1135 and/or CDC Form 600, if a want is to be issued.

• Telefax the BPT Form 1135 and a CDC Form 600 to the BPT for action.

The BPT shall:

• Sign the BPT Form 1135.

• Issue a warrant number and complete the entry level and date of warrant.

• Send the CDC Form 600 to the IDInstitutions Division (see DAI)/Warrants Unit for entry into the WPSWanted Persons System.

• Notify the region CCRMCorrectional Case Records Manager of the action by telefax.

• Telefax the CDC Form 600 to IDInstitutions Division (see DAI)/Warrants Unit. Send the original CDC Form 600 and the warrant to the IDInstitutions Division (see DAI)/Warrants Unit.

Upon receiving a request from the supervising Parole Agent for a releasee-at-large (RALRelease-At-Large) want, the region CCRMCorrectional Case Records Manager shall complete the CDC Form 600, then forward it, along with the NAEANarcotic Addiction Evaluation Authority action to suspend outpatient status, to the IDInstitutions Division (see DAI)/Warrants Unit.

The date of the warrant section shall reflect the date the action was taken by the NAEANarcotic Addiction Evaluation Authority. The “miscellaneous field” of the CDC Form 600 shall indicate “civil addict commitment.” The criminal charges that were suspended shall also be included for entry into the WPSWanted Persons System. RALRelease-At-Large wants are code one only. Incomplete forms shall not be processed but returned to the originator for completion.

The IDInstitutions Division (see DAI)/Warrants Unit shall enter the want into the WPSWanted Persons System.

The Parole Agent shall contact the region case records office during normal business hours to place a W&I3151 hold on a RALRelease-At-Large in custody and instruct them to request cancellation of the want. After normal business hours, the agent shall contact the IDInstitutions Division (see DAI)/Warrants Unit to request that a hold be placed and the want cancelled.

Upon notification that the RALRelease-At-Large has been apprehended and is in custody, the region CCRMCorrectional Case Records Manager shall FAX the IDInstitutions Division (see DAI)/Warrants Unit requesting the removal of the want upon reinstatement action of the NAEANarcotic Addiction Evaluation Authority.

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

18 USC 1073.

PCPenal Code §§ 2620, 3056, 5054.1, and 11155.

W&I §§ 3002, 3053, and 3151.

DOMDepartment Operations Manual §§ 72060, 81040, and 81080.