Article 1 – Release Procedures and Conditions of Parole
81010.1 Policy
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The period immediately following incarceration is critical to successful reintegration of the offender into society and to positive citizenship. Through the application of controls and the provision of services, the parole agent helps to create favorable conditions for the offender’s successful adjustment. A parole agent has broad discretion over the life of an offender and in exercising that discretion, shall act as a professional. During this period of supervision and observation, it is imperative that the parole agent be knowledgeable about the activities of the offender and the offender’s significant others. The parole agent’s principal duty is to uphold public safety by reducing the risk an offender poses to the community. The parole agent accomplishes this by directing the offender to services that meet the criminogenic needs of the offender, monitoring the offender to determine if they are involved in criminal activity or violations of their supervision conditions, and promptly addressing law and technical violations.
81010.1.1 Purpose
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The purpose of this article is to enable proper placement of offenders in the community and proper application of conditions of parole to ensure public safety and rehabilitative needs are met.
81010.2 Parole to County or City of Last Legal Residence
February 10, 2022-
All offenders committed to prison for a non-sex offense for which registration is not required pursuant to Penal Code (PCPenal Code) section 290, shall be paroled to the County of Last Legal Residence (CLLRCounty of Last Legal Residence) unless the case complies with exception criteria for paroling to another county.
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Pursuant to PCPenal Code section 3003, all offenders committed to prison for a sex offense for which registration is required pursuant to PCPenal Code section 290, shall through all efforts reasonably possible be returned to their city of last legal residence or a close geographic location in which they have family, social, or economic ties, unless a return to that location would violate any other law, or the case complies with exception criteria for paroling to another county.
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Offenses that occur in custody, defined as being confined in a State prison, local jail, or a Department of State Hospitals facility for treatment shall not be considered in determining the CLLRCounty of Last Legal Residence or city of last legal residence. If the offender has been discharged from all previous terms, consideration shall be given to placement in another, more appropriate county or city in accordance with the factors listed in this section. An offender may be paroled to another county or city if it is in the best interest of the public and the offender.
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Parole to Another County
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The following factors shall be considered in determining if parole to another county is justified:
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The need to protect the life or safety of a victim, the offender, a witness, or any other person.
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Public concern that would reduce the chance of the individual’s parole being successfully completed.
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The verified existence of a work offer, or an educational or vocational training program in another county that encompasses the following:
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Permanent employment that will enable the offender to be financially self-sufficient. (Minimum wage jobs, such as busboy or short-term jobs such as cannery worker, are not
self-supporting or of sufficient duration to qualify.) -
Training or educational program that is full time; will materially upgrade the offender’s employment skills or educational level, and thus substantially improve employability; and will provide sufficient funds to preclude the offender from relying on welfare, California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) cash assistance, or similar programs.
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The existence of immediate family in another county with whom the offender has maintained strong ties and whose support would increase the chance that parole would be successfully completed.
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Immediate Family Members are defined in California Code of Regulations, Title 15, section 3000 as the offender’s legal spouse; registered domestic partner; natural parents; adoptive parents, if the adoption occurred and a family relationship existed prior to the offender’s incarceration; step-parents or foster parents; grandparents; natural, step, or foster brothers or sisters; the offender’s natural and adoptive children; grandchildren; and legal stepchildren of the offender. Aunts, uncles, and cousins are not considered immediate family members but may be considered on a case-by-case basis if strong family ties have been maintained and the biological relationship can be verified.
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The lack of necessary outpatient treatment programs for offenders receiving treatment pursuant to PCPenal Code section 2960.
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Direct placement into a CDCRCalifornia Department of Corrections and Rehabilitation-funded, community-based residential treatment program located outside of the CLLRCounty of Last Legal Residence, including but not limited to:
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Female Offender Treatment and Employment Program.
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Transitional Housing Program.
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Parolee Service Center.
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Specialized Treatment for Optimized Programming.
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Pre-parole referrals for placement in another state or territory shall be made in accordance with Article 6 of Chapter 8 of this manual.
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Criteria for Administrative Placement Pursuant to PCPenal Code sections 3003(f) and 3003(h)
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Upon request of the victim and after approval by the Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) District Administrator, a parolee whose commitment offense is any of the following shall not be allowed to reside within 35 miles of the current residence of the victim or witness of the commitment offense.
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Murder or Voluntary Manslaughter.
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Mayhem.
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Rape as defined in PCPenal Code sections 261(a)(1), 261(a)(2), 261(a)(3), 261(a)(4), 261(a)(6), 262(a)(1), or 262(a)(4).
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Sodomy as defined in PCPenal Code sections 286(c), 286(d), 286(f), 286(g), or 286(i).
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Lewd or Lascivious act as defined in PCPenal Code sections 288(a) or 288(b).
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Oral Copulation as defined in PCPenal Code sections 287(c)(1), 287(d)(1), 287(f), 287(g), or 287(i).
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Continuous Sex Abuse of a Child as defined in PCPenal Code section 288.5.
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Sexual Penetration as defined in PCPenal Code sections 289(a), 289(b), 289(d), 289(e), and 289(i).
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Any felony punishable by death or imprisonment for life.
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Any felony in which an enhancement for great bodily injury as defined in PCPenal Code sections 12022.53, 12022.7, or 12022.9 have been proven.
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Stalking as defined in PCPenal Code section 646.9.
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81010.2.1 Determination of County or City of Last Legal Residence
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The CLLRCounty of Last Legal Residence for non-sex offenders, or city of last legal residence for sex offenders, is the county or city of residence where the offender resided prior to incarceration for the most recent commitment offense. If an offender has multiple commitment offenses, the most recent offense shall determine the CLLRCounty of Last Legal Residence or city of last legal residence. The following criteria, listed in order of priority, shall be utilized to determine the CLLRCounty of Last Legal Residence or city of last legal residence:
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The last residence as recorded on the Probation Officer’s Report (PORProbation Officer Report) for the
current commitment. -
The last address as identified on the sentencing transcript for the current commitment.
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The last residence as recorded on the arrest report for the current commitment.
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The county of commitment.
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If the PORProbation Officer Report, sentencing transcript, and arrest report for the current commitment identifies that the offender was transient or homeless, the offender shall be paroled to the County of Commitment or city of last legal residence for sex offenders.
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To be considered the last legal residence, the document used to verify the CLLRCounty of Last Legal Residence or city of last legal residence must have a complete street address, which includes a route or street number, route or street name, and city name. Post office boxes can be considered for rural areas if the parole unit responsible for that area confirms that only post office boxes are used. Incomplete addresses, ambiguous references to street intersections in lieu of a complete address, and addresses listed only by the name of a business shall not be considered for determining the CLLRCounty of Last Legal Residence or city of last legal residence.
81010.3 Release on Parole Definitions
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Release on parole: The legal and physical transfer of an offender from confinement in an institution, reentry facility, or housed temporarily in a county or city jail, to the supervision of CDCRCalifornia Department of Corrections and Rehabilitation, DAPODivision of Adult Parole Operations (formerly P&CSD), on a date established by operational law (PCPenal Code 1170) or by the Board of Parole Hearings (BPHBoard of Parole Hearings (formerly Board of Prison Terms)) (PCPenal Code 1168).
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Release dates:
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Indeterminate Sentence Law (ISLIndeterminate Sentence Law) release date: The date on which an ISLIndeterminate Sentence Law offender may be released from confinement pursuant to the ISLIndeterminate Sentence Law.
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Determinate Sentence Law (DSLDeterminate Sentence Law) release date: The date a DSLDeterminate Sentence Law offender sentenced under PCPenal Code 1170 is released to parole or discharged; also the date an offender sentenced prior to July 1, 1977, and recalculated by BPHBoard of Parole Hearings (formerly Board of Prison Terms) under the provisions of PCPenal Code 1170.2 is released to parole or discharged.
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Life Inmate ISLIndeterminate Sentence Law release date: An offender serving a sentence of life with the possibility of parole. The parole date is determined by BPHBoard of Parole Hearings (formerly Board of Prison Terms).
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Release Program Study (RPSRelease Program Study): An electronic informational document generated within the Strategic Offender Management System (SOMSStrategic Offender Management) that specifies the offender’s proposed case factors, residence, employment, institutional adjustment, supervision determination, reporting instructions, and medical disability.
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County of Commitment: The county in which the crime was committed.
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Inmates housed in Division of Juvenile Justice (DJJDivision of Juvenile Justice (formerly CYA)) facilities (“M cases”): The Welfare and Institutions Code authorizes a superior court to order certain offenders (aged 18-21 years) committed to prison be housed and programmed in DJJDivision of Juvenile Justice (formerly CYA) institutions.
81010.4 Release Program Study Policy
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The RPSRelease Program Study is used to document offender management data such as case factors, residence plans, supervision determination, reporting instructions, notification and registration requirements, special interest factors, detainers, employment plans, caseworker evaluations, and medical and psychiatric designations. The electronic RPSRelease Program Study provides associated data to pertinent staff in a real-time environment within
the SOMSStrategic Offender Management database. -
Pre-release interviews (RPSRelease Program Study, the Correctional Offender Management Profiling for Alternative Sanctions [COMPAS] reentry assessments, reporting instructions, conditions of parole or probation, direct program placements, and Pre-Release Video
Conferences [PRVCs]) shall be completed pursuant to CCRCalifornia Code of Regulations Title 15, Section 3045.3(b) and Section 53130.8.1. Pre-release interviews shall take priority over institutional program participation. -
Processing of the RPSRelease Program Study shall adhere to the following time frames:
Standard Release No Later Than (NLT) Action Calendar Days to Offender’s Release Community Transition Program (CTP) initiates RPSRelease Program Study 210 CTP forwards RPSRelease Program Study to Institutional Case Records or Reentry Unit NLT 180 Reentry Unit forwards RPSRelease Program Study to parole unit Institutional Case Records forwards RPSRelease Program Study to Probation Department NLT 165 Parole unit forwards RPSRelease Program Study to CTP NLT 90 CTP serves copies of the RPSRelease Program Study, Notice of Conditions (NOC), Special Conditions of Parole (SCOP), and Reporting Instructions to the inmate NLT 30 Imminent Release Action Calendar Days to Offender’s Release CTP initiates RPSRelease Program Study 60 or less RPSRelease Program Study processed by responsible staff Immediately, or within five business days following notification of imminent release
81010.4.1 Release Program Study Procedures
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Community Transition Program
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Parole Service Associate
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The CTP shall be responsible for processing all RPSRelease Program Study packets with exception of Fire Camps. The Parole Service Associate (PSAParole Services Associate) shall screen each case to determine DAPODivision of Adult Parole Operations (formerly P&CSD) or Post Release Community Supervision (PRCS) eligibility and update the “Initiator Input” section of the “Release Plan” screen in SOMSStrategic Offender Management. Upon completion of the Initiator Input section of the Release Plan screen, a system-generated notification shall be sent to the appropriate Regional Reentry Unit for the creation of the “RPSRelease Program Study Packet Mash-Up” in the Electronic Records Management System (ERMSElectronic Records Management System) “Advance Mash-Up” tab for cases determined to be within DAPODivision of Adult Parole Operations (formerly P&CSD)’s jurisdiction. The PSAParole Services Associate shall then generate the RPSRelease Program Study and ensure the following sections of the RPSRelease Program Study are accurate and complete:
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I. Case Factors
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II. Residence Plans
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III. Supervision Determination by PSAParole Services Associate
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V. County Agency Reporting Instructions (if applicable)
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VIII. Notification and Registration Requirements/Special Interest
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IX. Detainer(s)
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X. Employment Plans
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XI. Caseworker Evaluation
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XII. Serious Disciplinaries
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XIII. Medical/ Psychiatric
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The PSAParole Services Associate shall ensure the proposed primary residence is compliant with the statutory authority for parole placements pursuant to PCPenal Code 3003. Upon completion of the assigned sections of the RPSRelease Program Study, the PSAParole Services Associate shall digitally sign the RPSRelease Program Study and electronically forward it to the CTP Parole Agent II (Supervisor). A system-generated notification will be sent to the supervisor. If an RPSRelease Program Study was previously generated for the current term and is over one year old, a new RPSRelease Program Study shall be initiated by the PSAParole Services Associate to ensure current inmate case factors
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Upon receipt of the RPSRelease Program Study, the Notice of Conditions (NOC), and Special Conditions of Parole (SCOP) from the parole unit or the CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services, Notice and Conditions of Postrelease Community Supervision and any special conditions from the probation department, the PSAParole Services Associate shall digitally sign Section VII, “Inmate Received a Copy of Reporting Instructions” of the RPSRelease Program Study, and print the RPSRelease Program Study and supporting documents.
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Upon completion of Section VII of the RPSRelease Program Study, the PSAParole Services Associate shall ensure the following:
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Known disabilities requiring a reasonable accommodation to achieve effective communication are verified via the Disability and Effective Communication System (DECS).
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Effective Communication has been achieved, if appropriate.
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The inmate signs and receives a copy of both the RPSRelease Program Study and NOC.
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The PSAParole Services Associate forwards the finalized hard copy of the RPSRelease Program Study, and the NOC or the
CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services to the Institutional Case Records office for scanning into the “Parole” tab in ERMSElectronic Records Management System.
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Parole Agent II Supervisor
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Upon receipt of the RPSRelease Program Study from the PSAParole Services Associate, the PAIIParole Agent II Supervisor shall:
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Review the RPSRelease Program Study for accuracy and completeness.
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If there are errors on the RPSRelease Program Study, the PAIIParole Agent II Supervisor shall electronically return it to the PSAParole Services Associate with instructions for correction.
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Upon verification that the RPSRelease Program Study is accurate and complete, the PAIIParole Agent II Supervisor shall complete Section IVIntravenous, “Supervisor Review and Approval of Screening Determination”, digitally sign the RPSRelease Program Study and electronically forward it to the appropriate DAPODivision of Adult Parole Operations (formerly P&CSD) Regional Reentry Unit.
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Division of Adult Institutions – Institutional Case Records Staff
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Case records staff shall not prepare and send RPSRelease Program Study pre-release packets to DAPODivision of Adult Parole Operations (formerly P&CSD). Only the finalized inmate-signed copy of the RPSRelease Program Study will be scanned into ERMSElectronic Records Management System by case records staff.
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Case record staff shall complete the RPSRelease Program Study pre-release packets for all offenders who are statutorily eligible for PRCS jurisdiction. Case Records staff shall process the RPSRelease Program Study packets according to current procedures for the Secure Automated File Exchange (SAFE) to the county probation department and update SOMSStrategic Offender Management accordingly.
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Regional Reentry Unit
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Upon receipt of the SOMSStrategic Offender Management-generated notification that an RPSRelease Program Study has been initiated, Regional Reentry staff shall electronically compile a Mash-Up of documents which are stored in ERMSElectronic Records Management System for use with the RPSRelease Program Study Packet Mash-Up. This will ensure that all associated pre-release documents which are electronically filed in ERMSElectronic Records Management System are readily accessible for review by staff during the pre-release process.
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The following documents shall be included in the RPSRelease Program Study Packet Mash-Up when available:
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PORProbation Officer Report or Arrest Report (most recent)
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Psychological Evaluation pursuant to PCPenal Code 3002 (if applicable)
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Abstract of Judgment or Minute Order for all active cases
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Mental Health Placement Chrono
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Inmate/Parolee Disability Placement (if applicable)
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Criminal Identification and Information (CI&ICriminal Identification and Information) (most recent)
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Request for Victim Notification Required by PCPenal Code 3058.8 and 3058.61 (if applicable)
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Notification in Case of Inmate Death, Serious Injury/Illness (if signed copy is required)
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Serious/Non-Serious Determination (if applicable)
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The following RPSRelease Program Study packet documentation shall be accessible via the “RPSRelease Program Study Packet” drop-down menu in SOMSStrategic Offender Management:
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1. Sentence Data Sheet
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2. Four Photographs
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3. Inmate Synopsis
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4. Institution Staff Recommendation Summary & Social Factor Sheet
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5. Initial Classification Chrono and most recent Classification Hearing
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6. Safety: Non-Confidential Offender Separation Alerts
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7. Disability Placement Program Disabilities Summary
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8. Medical Classification Chrono
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9. Inmate Health Assessments
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10. Test of Adult Basic Education Results
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11. Notification in Case of Inmate Death, Serious Injury/Illness (if signed copy is not required)
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The reentry screener shall ensure the RPSRelease Program Study Packet Mash-Up for the offender’s current term has been created in ERMSElectronic Records Management System. Upon verification that the RPSRelease Program Study Packet
Mash-Up is in ERMSElectronic Records Management System, the reentry screener shall complete the Reentry Unit portion of Section VI, “CDCRCalifornia Department of Corrections and Rehabilitation Parole Reporting Instructions,” of the RPSRelease Program Study. -
The reentry screener shall assign the supervising parole unit pursuant to
PCPenal Code 3003(b), 3003(f), or 3003(h) and CDCRCalifornia Department of Corrections and Rehabilitation Form 1707, Request for Victim Services, or PCPenal Code 3003(a) and Section 61010.11. Upon completion of the assigned section of the RPSRelease Program Study, the reentry screener shall digitally sign the RPSRelease Program Study and electronically forward it to the assigned parole unit. A system-generated notification will be sent to the supervisors of the assigned parole unit.
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Parole Unit
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Unit Supervisor or Assistant Unit Supervisor
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The Assistant Unit Supervisor (AUSAssistant Unit Supervisor) shall ensure that the Reentry Unit has given
the RPSRelease Program Study to the appropriate parole unit assignment. If it is determined that the current parole unit assignment is incorrect, the AUSAssistant Unit Supervisor shall electronically reassign the RPSRelease Program Study to the appropriate parole unit within the same parole region. If the new parole unit assignment is outside the current parole region, the AUSAssistant Unit Supervisor shall redirect the RPSRelease Program Study to the appropriate Regional Reentry Unit for reassignment. Upon verification that the parole unit assignment is correct, the AUSAssistant Unit Supervisor shall complete the “Unit Supervisor Initial Review” portion of
Section VI, “CDCRCalifornia Department of Corrections and Rehabilitation Parole Reporting Instructions” on the RPSRelease Program Study. -
Upon completion of the RPSRelease Program Study, the AUSAssistant Unit Supervisor shall digitally sign the RPSRelease Program Study and electronically forward it to the assigned parole agent. A system-generated notification will be sent to the parole agent and the RPSRelease Program Study “Offender Investigation” will automatically be initiated
in SOMSStrategic Offender Management. -
The due date of the RPSRelease Program Study Offender Investigation will be generated at the time the investigation is initiated in SOMSStrategic Offender Management. However, the AUSAssistant Unit Supervisor may manually override the due date, if appropriate. The AUSAssistant Unit Supervisor shall monitor the status and ensure the timely completion of the RPSRelease Program Study Offender Investigation in SOMSStrategic Offender Management. The standard release RPSRelease Program Study due date shall be scheduled at least 90 calendar days before the offender’s release.
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Upon electronic receipt of the completed RPSRelease Program Study, NOC, and SCOP, the AUSAssistant Unit Supervisor shall review all documents for accuracy and completeness. If the documents are not accurate and/or complete, the AUSAssistant Unit Supervisor shall electronically return them to the parole agent with instructions for correction and update the RPSRelease Program Study Offender Investigation in SOMSStrategic Offender Management with the reason for additional investigation.
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Upon verification that the RPSRelease Program Study, NOC, and SCOP are accurate and complete, the AUSAssistant Unit Supervisor shall:
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Complete the “Unit Supervisor Final Review” portion of Section VI, CDCRCalifornia Department of Corrections and Rehabilitation Parole Reporting Instructions.
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Digitally sign the RPSRelease Program Study, NOC, and SCOP.
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Electronically forward the documents to the assigned PSAParole Services Associate.
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A system-generated notification will be sent to the PSAParole Services Associate. SOMSStrategic Offender Management will close the RPSRelease Program Study Offender Investigation and generate the supervision level and associated “Supervision Event” based on data entered on the RPSRelease Program Study screen.
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The AUSAssistant Unit Supervisor shall ensure the parole agent initiates a Transfer Investigation Request (TIR) in SOMSStrategic Offender Management when the “Request Out of County Parole/Release” box is checked on the RPSRelease Program Study and the offender is eligible in accordance with Section 81010.10.
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Parole Agent
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The parole agent shall review the RPSRelease Program Study for accuracy and completeness and conduct the RPSRelease Program Study Offender Investigation, including preparation of applicable related standard forms. Any documentation produced on hard copy shall be filed in the field file.
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Upon completion of the investigation, the parole agent shall update the RPSRelease Program Study Offender Investigation in SOMSStrategic Offender Management and complete the “Parole Agent” portion of Section VI, CDCRCalifornia Department of Corrections and Rehabilitation Parole Reporting Instructions, of the RPSRelease Program Study.
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Upon completion of the assigned section of the RPSRelease Program Study, the parole agent shall digitally sign the RPSRelease Program Study, NOC, and SCOP, and electronically forward the documents to the AUSAssistant Unit Supervisor. A system-generated notification will be sent to the unit supervisor and AUSAssistant Unit Supervisor.
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The parole agent shall initiate a TIR in SOMSStrategic Offender Management when the “Request Out of County Parole/Release” box is checked on the RPSRelease Program Study and the offender is eligible in accordance with Section 81010.10. In the event a TIR is requested but not initiated, the parole agent shall document the reason on the RPSRelease Program Study and in the automated Record of
Supervision (ROS) in SOMSStrategic Offender Management. -
Unless waived by the unit supervisor, the parole agent shall conduct the pre-release residence verification (home visit) after receiving the RPSRelease Program Study Offender Investigation in SOMSStrategic Offender Management. The pre-release residence verification should be scheduled in advance to ensure someone will be at the residence at the time the home visit is conducted. The pre-release residence verification shall be documented on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1658, Parolee Residence/Employment Verification, and in the electronic ROS in SOMSStrategic Offender Management. Prior to release, the parole agent shall:
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At least 30 days prior to release: Complete Section I of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2289, Notice and Request for Assistance During a Parole Proceeding. Verify any known disabilities requiring a reasonable accommodation to achieve effective communication via DECS.
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Released 30 days or less: If the offender is scheduled to be released 30 days or less upon the receipt of the RPSRelease Program Study, residence verification is not required. However, it must be completed upon the offender’s release.
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If the pre-release residence verification is not conducted, the parole agent shall document on the electronic ROS the reason it was not conducted.
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Ensure a Re-Entry Case Plan and a Re-Entry Assessment exist in the COMPAS database. If the documents do not exist, the parole agent shall contact the CTP via electronic mail at ParoleCOMPASReentry@cdcr.ca.gov.
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If the offender is a sex offender, ensure the Static-99R or Female Sex Offender Risk Assessment (FSORA) is in the COMPAS database. If the assessment is not completed, the parole agent shall contact the CTP via electronic mail at Static99Request@cdcr.ca.gov.
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Lifer pre-release residence verifications shall be conducted. The time frame of 30 days referenced above does not apply to lifer parolees as they will have a shorter time frame pursuant to Section 82101.5.
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Create the NOC and SCOP using SOMSStrategic Offender Management, and indicate the reason for each SCOP in SOMSStrategic Offender Management in accordance with Section 81010.15.
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Submit the RPSRelease Program Study, NOC, and SCOP to the unit supervisor in SOMSStrategic Offender Management for electronic signature.
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Parole Unit Support Staff
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Upon receipt of the RPSRelease Program Study by the assigned parole unit, support staff shall enter or update as much data as possible in SOMSStrategic Offender Management and create a field file pursuant to Section 81090.6.1.
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81010.4.2 Imminent Release Policy
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PCPenal Code 3003 requires all cases be referred to the parole region of the offender’s CLLRCounty of Last Legal Residence for reentry screening. Every effort shall be made to initiate and/or process the RPSRelease Program Study immediately for imminent release inmates. However, in no instance shall staff delay the processing of an imminent release case for more than five business days. Whenever possible, the RPSRelease Program Study shall be returned to CTP and DAIDivision of Adult Institutions (formerly Institutions Division) no more than five business days following receipt by the assigned parole unit, and/or no less than five business days prior to the scheduled release date.
81010.4.3 Imminent Release – Release Program Study Procedures
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Community Transition Program (Immediately upon Learning of Imminent Release)
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CTP staff shall initiate and/or process the RPSRelease Program Study for imminent release cases immediately or within five business days following notification of imminent release, whichever occurs first pursuant procedures outlined in Section 81010.4.1.
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If the offender is granted parole by the BPHBoard of Parole Hearings (formerly Board of Prison Terms), CTP shall adhere to the release procedures outlined in Section 82101.2. CTP is not required to wait for receipt of the
BPHBoard of Parole Hearings (formerly Board of Prison Terms) Form 3005, Parole Verification Document to initiate and complete the RPSRelease Program Study.
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Parole Service Associate
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Immediately initiate and process the RPSRelease Program Study for imminent release cases.
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Complete the RPSRelease Program Study utilizing the procedures in Section 81010.4.1.
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Parole Agent II Supervisor
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Upon verification that the RPSRelease Program Study is accurate and complete, the PAIIParole Agent II Supervisor shall complete the RPSRelease Program Study utilizing the procedures in Section 81010.4.1.
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Regional Re-Entry Coordinator. Regional Re-Entry staff shall:
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Complete the RPSRelease Program Study utilizing the procedures in Section 81010.4.1 immediately or within five business days following receipt of the SOMSStrategic Offender Management-generated notification for imminent release cases, whichever occurs first.
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Adhere to the procedures in Section 82101.3 for offenders granted parole by the BPHBoard of Parole Hearings (formerly Board of Prison Terms).
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Input into the “Supervision History” under the “Parole” tab in SOMSStrategic Offender Management, the date(s) for each BPHBoard of Parole Hearings (formerly Board of Prison Terms) Form 3005 received and the assigned parole unit.
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Parole Unit
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Parole unit staff shall complete the RPSRelease Program Study utilizing the procedures in Section 81010.4.1 immediately or within five business days following receipt of the SOMSStrategic Offender Management-generated notification for imminent release cases, whichever occurs first.
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Division of Adult Institutions – Institutional Case Records Staff
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For PRCS eligible imminent release cases, Institutional Case Records staff shall:
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Immediately process the RPSRelease Program Study according to current procedures for the SAFE to the county probation department and update SOMSStrategic Offender Management accordingly.
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Upon receipt, immediately forward the RPSRelease Program Study and the CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services to the CTP PSAParole Services Associate assigned to the institution where the offender is housed.
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Scan into ERMSElectronic Records Management System the signed copy of the RPSRelease Program Study and the CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services.
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Division of Adult Institutions – Institutional Case Records Notifications
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In addition to any local institutional procedures that have been established, Institutional Case Records staff will notify the parole agent or the Officer-of-the-Day (ODOfficer of the Day) when changes occur in the offender’s release date during the ten-day audit process which begins ten days prior to release. Information regarding imminent changes (e.g., dropped holds, change in pick-up, release date, etc.) shall be entered into SOMSStrategic Offender Management and forwarded to the appropriate DAPODivision of Adult Parole Operations (formerly P&CSD) Regional Re-Entry Unit or Regional Immigration and Customs Enforcement (ICE) Unit or parole unit.
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Whenever there is an imminent release date change and any of the following is applicable:
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The offender has a California Static Risk Assessment (CSRA) score of five.
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The offender is required to register as a sex offender pursuant to PCPenal Code 290through 290.024.
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United States Immigration and Customs Enforcement (USICEUnited States Immigration and Customs Enforcement) cancelled their hold, detainer, or both and the offender is required to report to the secondary parole unit.
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Institutional Case Records staff is directed to place a telephone call to the appropriate parole unit to inform that unit of the change and confirm receipt of the electronic transmission. If the imminent change involves a Regional ICE Unit, Institutional Case Records staff will telephone that unit, and provide notification to available staff (i.e. parole agents, PSAs, etc.). A voicemail message is not sufficient notification. Upon notification via telephone and/or electronic transmission that an ICE hold has been dropped, the assigned staff shall immediately contact the assigned secondary parole unit via telephone and inform the unit supervisor or designee that the case shall be transferred. The Regional ICE unit supervisor shall initiate the transfer to the parole unit in SOMSStrategic Offender Management. The receiving unit, unit supervisor will then accept the transfer in SOMSStrategic Offender Management.
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Parole Units
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Upon notification that a warrant or hold has been cancelled or a release date has been adjusted, support staff shall immediately ensure SOMSStrategic Offender Management is updated with the appropriate information. Additionally, the unit supervisor or AUSAssistant Unit Supervisor shall ensure the case is assigned to a parole agent, and update SOMSStrategic Offender Management as needed for parole agent assignment. If the warrant, hold, or both cancellation or release date adjustment requires specialized reporting instructions, the unit supervisor shall ensure the instructions are transmitted to the releasing institution no later than the next working day. The reporting instructions shall be completed by the parole agent or ODOfficer of the Day on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649, Reporting Instructions, and submitted to the Institutional Case Records (parole desk) at the releasing institution.
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81010.5 Pre‑Release Video Conference Procedures
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Parole agents assigned to a specialized sex offender caseload shall make every effort to conduct, facilitate, or both a PRVC for every inmate required to register as a sex offender who will be released on parole; unless one or more of the exceptions listed in this section exist. The PRVC shall normally be scheduled during normal business hours, and at times least likely to disrupt institutional operations. A PRVC conducted at any other time requires prior approval of the CTP PAIIParole Agent II Supervisor where the inmate is housed. Parole agents are permitted to utilize state issued electronic equipment (i.e. mobile phone or laptop computer) for the purpose of conducting a PRVC via Skype for Business and/or Lync.
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Scheduling
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The Adult Parole Offender Management System (APOMS) will notify the assigned CTP PSAParole Services Associate 90 days prior to release of a DAPODivision of Adult Parole Operations (formerly P&CSD) sex offender.
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The PSAParole Services Associate shall:
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Determine two PRVC scheduling options on separate dates and times; send the scheduling options to the assigned parole agent via electronic mail.
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Confirm with the parole agent the amount of time required (30 or 60 minutes) to complete the PRVC.
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Provide at least 14 calendar days advance notice of the PRVC appointment to the parole agent. Due to institutional staffing and other factors beyond the control of CTP, only two PRVC appointment attempts will be exchanged with the assigned parole agent.
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Schedule the PRVC on the third attempt, if two previous scheduling attempts were unsuccessful, or if an appointment that was previously determined was notsuccessfully completed.
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Notify the assigned parole agent and the unit supervisor of the appointment by electronic mail, to include a Skype for Business or Lync meeting invitation viaMicrosoft Outlook.
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Equipment
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Each CTP PSAParole Services Associate will be issued and trained on the use of their PRVC equipment. In the event there are technical issues with the PRVC equipment and the inmate is present, every attempt should be made to facilitate the meeting via telephone (if available).
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Conducting a Pre-Release Video Conference
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CTP staff shall adhere to local institutional safety procedures at all times. CTP staff shall ensure they have appropriate safety equipment (whistle, personal alarm device, etc.) prior to entering the PRVC location. CTP staff shall also ensure the camera is positioned in a manner that will not result in areas, staff, or inmates not involved in the PRVC being visible on the screen.
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Community Transition Program
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To facilitate a PRVC, the PSAParole Services Associate shall be responsible for the following tasks:
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Provide the parole agent with two alternative appointment dates and times. If scheduling conflicts prevent a PRVC appointment from being scheduled during the first two attempts, the PSAParole Services Associate will select an appointment date and time on the third attempt.
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Enter the PRVC appointment in the Microsoft Outlook calendar and send a Skype for Business or Lync meeting invitation to the assigned parole agent and unit supervisor.
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Record the scheduling of the PRVC in APOMS.
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Request a priority ducat for the PRVC appointment: date, time, and location.
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Notify the assigned parole agent, unit supervisor, and CTP parole agent supervisor as soon as possible if the scheduled PRVC is no longer possible at the institution or if conditions in the institution (such as a modified program or inability to move the inmate to the video conference location) prevent the PRVC from occurring. If possible, provide the parole agent an alternative PRVC appointment.
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Review DECS and if it is determined that effective communication, reasonable accommodations, or a Sign Language Interpreter (SLI) is required, make appropriate arrangements pursuant to current DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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Schedule SLI services by contacting the Parole Litigation Management Unit via electronic mail at PLMU@cdcr.ca.gov and provide the requested date, time, and location for the SLI services. SLI appointments shall be scheduled at least five business days in advance.
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Schedule Foreign Language Interpreter Services (FLI) by contacting the respective parole regions and provide the requested date, time, and location for the FLI services. FLI appointments shall be scheduled at least five business days in advance.
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Log into the video conference system and confirm the system is functioning with the parole agent. If the PRVC is being conducted in a non-confidential location, notify the parole agent prior to the start of the PRVC.
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If the inmate does not report for the PRVC, notify appropriate institution staff according to institution procedures.
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If the parole agent does not begin the PRVC within 15 minutes of the designated start time, the PSAParole Services Associate may cancel the PRVC. The PSAParole Services Associate shall notify the parole agent, unit supervisor, and CTP supervisor of the cancellation. The PSAParole Services Associate will need to initiate another PRVC appointment by emailing the parole agent. A new appointment will need to be established following the procedures outlined in this section.
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Upon completion of the PRVC, the PSAParole Services Associate will select “Completed” from the APOMSdrop-down menu.(M) If a scheduled PRVC is not completed, the PSAParole Services Associate shall record the PRVC as “Attempted” in APOMS and select the reason the PRVC was not completed from the APOMSdrop-down menu.
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Parole Agent
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Prior to conducting the PRVC, the parole agent shall:
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Review the RPSRelease Program Study.
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Review DECS to determine if effective communication, reasonable accommodations, an SLI, or a combination of the above are needed. If an SLI or a Foreign Language Interpreter is required, the PSAParole Services Associate will ensure the SLI or Foreign Language Interpreter is available at the time of the PRVC.
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Log into the video conference system and confirm the system is functioning with the PSAParole Services Associate in the institution. If the PRVC does not commence within 15 minutes of the scheduled start time, the parole agent may cancel the PRVC. A new appointment shall be established following the procedures outlined in this section.
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Determine if the PRVC will be conducted in a non-confidential location. If so, the parole agent shall not discuss any topic that may jeopardize the inmate’s safety.
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During the PRVC, the parole agent shall review:
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Reporting instructions.
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NOC and SCOP.
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Direct placement into a CDCRCalifornia Department of Corrections and Rehabilitation-funded program, if the inmate has not already accepted a direct placement, or other residence and employment plans.
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Discharge consideration criteria.
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Pre-release services and benefit referrals (e.g., Medi-Cal enrollment, California Identification Card, Transitional Case Management Program, Veteran’s benefits, Social Security).
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If time permits, the parole agent may conduct the comprehensive interview, and document it on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B, Initial/Comprehensive Interview. If the comprehensive interview is conducted and no changes occur prior to the inmate’s release, a new comprehensive interview is not required.
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The parole agent shall document the PRVC in the electronic ROS and if effective communication or reasonable accommodation was required, document the type of accommodation provided to achieve the inmate’s understanding.
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Unit Supervisor
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The unit supervisor shall:
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Ensure compliance with Section 81010.5.
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Ensure the video conferencing equipment is accessible to the parole agent prior to the PRVC.
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Maintain a log of PRVC equipment usage with the following information:
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Date and time PRVC equipment is to be used.
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Parole agent using equipment.
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Ensure parole agents document effective communication and other reasonable accommodations in the automated ROS and on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B.
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Determine a location in the parole unit where confidentiality will be maintained during the PRVC.
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Exceptions
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CTP staff will not facilitate a PRVC if any of the following apply:
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The inmate will be released to a USICEUnited States Immigration and Customs Enforcement warrant or detainer.
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The inmate declines to attend the PRVC.
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The inmate is housed at a California Out-of-State Correctional Facility (COCF), Fire Camp, Male Community Reentry Program (MCRP), or Custody to Community Transitional Reentry Program (CCTRP).
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The inmate is housed in a Security Housing Unit (SHUSecurity Housing Unit), Administrative Segregation (AD-SEGAdministrative Segregation) Unit, Psychiatric Services Unit (PSUPsychiatric Services Unit), Mental Health Crisis Bed, or the inmate is housed in a location in which the inmate cannot report to the PRVC location.
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The local conditions where the inmate is housed prevents the PRVC from being conducted.
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A PRVC is scheduled, but the inmate’s release date is adjusted, resulting in the inmate being released prior to the scheduled PRVC.
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In the event a PRVC is not conducted for an inmate due to any of the above exceptions, the PSAParole Services Associate shall notify their immediate supervisor via electronic mail as soon
as possible. -
If for any reason(s) the PSAParole Services Associate is unable to schedule a PRVC based on the volume of requests, the PSAParole Services Associate shall notify their immediate supervisor as soon as reasonably possible. The supervisor shall then notify their PAIIIParole Agent III who will identify alternate arrangements for conducting the PRVC, when possible. Should there be no available alternatives,
the CTP PAIIIParole Agent III will be authorized to waive the PRVC for impacted inmates. The PAIIIParole Agent III shall inform the parole agent and unit supervisor of the inability to complete a PRVC.
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81010.6 Release Funds Policy
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Offenders and exonerated persons are entitled to receive $1.10 per day of incarceration upon their parole date, up to a maximum of $200. The parole agent and the unit supervisor may determine the release fund amount the inmate shall receive upon release to parole, with the balance forwarded to the parole unit. These amounts shall be in the reporting instructions section of the RPSRelease Program Study. Release funds forwarded to the parole unit shall be given to the offender within 60 days of the day the offender reports to the parole unit, or within 60 days of the day the parole agent is notified by unit support staff that the release funds have been received by the parole unit.
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Offenders, who are paroled to a hold issued by another state or the federal government, including USICEUnited States Immigration and Customs Enforcement detainers, are not entitled to release funds.
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Offenders who are paroled to a hold issued by a local law enforcement agency in the State of California, or offenders who are paroled to a DSHDepartment of State Hospitals (formerly DMH) facility are entitled to release funds. The releasing DAIDivision of Adult Institutions (formerly Institutions Division) facility will request the release funds and forward the funds to the local law enforcement agency holding the offender, or to the DSHDepartment of State Hospitals (formerly DMH) facility for deposit into the patient’s account. If an offender incarcerated for local charges is sentenced to CDCRCalifornia Department of Corrections and Rehabilitation for a new prison term, the offender is not entitled to release funds from the prior term.
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Release Funds Log
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A log shall be maintained by parole unit support staff documenting the name of the parole agent who was given the funds for distribution, the date they were given, the date they were delivered by the parole agent to the offender, or the disposition of the undelivered funds.
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81010.6.1 Ordering and Issuing Release Funds Procedures
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Parole Agent
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For offenders being released to the supervision of DAPODivision of Adult Parole Operations (formerly P&CSD), specify the amount of money to be given to the offender at release and the amount to be forwarded to the parole unit on the RPSRelease Program Study.
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(Within 30 Days After Release)
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Provides the balance of funds not given to the offender at the time of release, to the offender, if applicable.
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Returns all undelivered funds more than 30 days old from the date of issue, receipt, or release; whichever comes later to CDCRCalifornia Department of Corrections and Rehabilitation Inmate Accounting.
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81010.6.2 Ordering Release Funds After Release Procedure
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Parole Agent
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When an offender is released from an institution to the supervision of DAPODivision of Adult Parole Operations (formerly P&CSD), or discharged from supervision without release funds, the parole agent shall calculate the amount owed to the offender and complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 102, Release Statement, and give the form to parole unit support staff.
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After the parole unit receives the release funds, the parole agent shall instruct the offender to sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 102 prior to being issued the funds.
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The staff issuing the funds shall sign the “Witness Signature” section of the form.
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Support Staff
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Support staff shall scan the CDCRCalifornia Department of Corrections and Rehabilitation Form 102 and submit the form to CDCRCalifornia Department of Corrections and Rehabilitation Inmate Accounting by sending an electronic mail to: paroleegatefunds@cdcr.ca.gov.
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Support staff shall return the CDCRCalifornia Department of Corrections and Rehabilitation Form 102 to the parole agent.
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When the parole unit receives the release funds, support staff shall notify theparole agent.
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After funds are issued to the offender, mail the CDCRCalifornia Department of Corrections and Rehabilitation Form 102 within seven working days to:
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California Department of Corrections and Rehabilitation
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Accounting Services Branch-Bakersfield
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POPurchase Order Box 12050
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Bakersfield, CACorrectional Administrators 93389-2050
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81010.6.3 Ordering Release Funds For Exonerated Persons Procedure
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Pursuant to PCPenal Code 3007.05(d), in addition to any other payment entitled by law each person who is exonerated shall be paid the sum of six thousand dollars ($6,000) upon their release. When an exonerated person is released from State prison, the releasing Institutional Case Records staff will issue release funds pursuant to PCPenal Code 2713.1
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Institutional Case Records Staff
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When an exonerated person is released from a facility other than directly from a CDCRCalifornia Department of Corrections and Rehabilitation institution, they are responsible for requesting their release funds by contacting the parole desk of the releasing institution. When contacted by an exonerated person requesting their release funds, Institutional Case Records staff shall:
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Obtain the exonerated person’s address and contact the appropriate regional parole re-entry unit to determine the parole office closest to that address.
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Complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 102, attach the Exonerated Person Notice to ASBOffices identified as: ASB Bakersfield, ASB Corcoran, ASB El Centro, ASB Paso Robles, ASB Rancho Cucamonga, ASB Sacramento, ASB Stockton-Bakersfield and forward both documents to the Accounting Services Branch – Bakersfield (ASBOffices identified as: ASB Bakersfield, ASB Corcoran, ASB El Centro, ASB Paso Robles, ASB Rancho Cucamonga, ASB Sacramento, ASB Stockton – BAK) for processing and the issuance of release funds:
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Accounting Services Branch – Bakersfield
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POPurchase Order Box 12050
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Bakersfield, CACorrectional Administrators 93389-2050
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ASBOffices identified as: ASB Bakersfield, ASB Corcoran, ASB El Centro, ASB Paso Robles, ASB Rancho Cucamonga, ASB Sacramento, ASB Stockton – BAK will send the release funds to the parole office identified onthe CDCRCalifornia Department of Corrections and Rehabilitation Form 102.
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Designated Parole Unit
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Unit Supervisor
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Upon receipt of the processed CDCRCalifornia Department of Corrections and Rehabilitation Form 102 and release funds from ASBOffices identified as: ASB Bakersfield, ASB Corcoran, ASB El Centro, ASB Paso Robles, ASB Rancho Cucamonga, ASB Sacramento, ASB Stockton – BAK, the unit supervisor or designee shall:
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Ensure that the exonerated person signs the CDCRCalifornia Department of Corrections and Rehabilitation Form 102.
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Sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 102 as a witness confirming issuance.
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Once the CDCRCalifornia Department of Corrections and Rehabilitation Form 102 is signed, issue the release funds to the exonerated person.
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The signed CDCRCalifornia Department of Corrections and Rehabilitation Form 102 and one copy shall be sent to ASBOffices identified as: ASB Bakersfield, ASB Corcoran, ASB El Centro, ASB Paso Robles, ASB Rancho Cucamonga, ASB Sacramento, ASB Stockton – BAK.
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Funds not disbursed and debit cards not activated within 30 days from the date of issuance must be returned to ASBOffices identified as: ASB Bakersfield, ASB Corcoran, ASB El Centro, ASB Paso Robles, ASB Rancho Cucamonga, ASB Sacramento, ASB Stockton – BAK. Any checks outstanding for more than 60 days from the date of issue will be voided.
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81010.7 Verification of Employment Authorization Policy
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All persons, including offenders, must present potential employers with certain documents that prove their identity and right to work. It is illegal for employers to knowingly hire, recruit, or refer for a fee unauthorized aliens for employment. An unauthorized alien includes anyone who is not a U.S.United States citizen, is not a permanent resident alien, or is not authorized to work by the Immigration Reform and Control Act or the U.S.United States Attorney General. In order to be lawfully employed, all persons, including offenders, must prove their identity and right to work by presenting one of the following documents to prospective employers:
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Driver’s license with individual’s photograph.
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Identification card with individual’s photograph.
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Social Security card which authorizes employment.
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U.S.United States birth certificate.
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If the above-listed documents are unavailable, an individual may present one of
the following:-
U.S.United States passport.
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Certificate of U.S.United States citizenship.
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Certificate of Naturalization.
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Unexpired, foreign passport authorizing employment.
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Resident alien card or other alien registration card with individual’s photograph.
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Any other document(s) the U.S.United States Attorney General finds acceptable.
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The verification of employment authorization shall occur within 24 hours of an individual’s hiring, recruitment, or referral.
81010.8 Length of Parole
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The length of the parole term shall be determined by Parole Case Records staff. The length of the parole term is based on the statutes defining the parole term for a particular offense at the time of the commitment offense.
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The length of parole shall be established within specified statutory maximums by
the BPHBoard of Parole Hearings (formerly Board of Prison Terms) for offenders subject to PCPenal Code 1168 and by CDCRCalifornia Department of Corrections and Rehabilitation for offenders subject to PCPenal Code 1170. BPHBoard of Parole Hearings (formerly Board of Prison Terms) shall set the length of parole for offenders sentenced under PCPenal Code 1168 at the Parole Consideration Hearing. The parole period specified by the BPHBoard of Parole Hearings (formerly Board of Prison Terms) shall be on the NOC. The offender shall be given a copy of the NOC prior to release on parole.
81010.8.1 Division of Juvenile Justice “M” Case Policy
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“M” cases are felon offenders age 16-21 years committed to prison but ordered housed in a DJJDivision of Juvenile Justice (formerly CYA) facility. As felon commitments, DJJDivision of Juvenile Justice (formerly CYA) “M” cases are subject to Title 15,
Division 3 of the CCRCalifornia Code of Regulations, BPHBoard of Parole Hearings (formerly Board of Prison Terms) rules and regulations, and all laws applicable to CDCRCalifornia Department of Corrections and Rehabilitation offenders. DJJDivision of Juvenile Justice (formerly CYA) may transfer an “M” case to CDCRCalifornia Department of Corrections and Rehabilitation jurisdiction at any time it is determined that DJJDivision of Juvenile Justice (formerly CYA) jurisdiction is no longer appropriate (usually on the basis of serious disciplinary or additional law violations). Jurisdiction automatically transfers to CDCRCalifornia Department of Corrections and Rehabilitation when an “M” case reaches age 25, if still under correctional supervision.
81010.9 Effect of Revocation and Suspension on Parole Period
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Pursuant to Penal Code Section 3000(b)(6), time during which parole is revoked extends the parole period automatically by the amount of days served in custody for the revocation. When parole is revoked, any time credited toward continuous parole is lost. Time on continuous parole begins again when the offender is released to the jurisdiction of DAPODivision of Adult Parole Operations (formerly P&CSD) after serving the revocation period.
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Pursuant to Penal Code Section 3000(b)(6), time during which parole is suspended because the offender has absconded will not be credited toward the parole period. When parole is suspended, any time credited towards continuous parole is lost. The tolled time period begins on the day the warrant issued by the superior court, or, if the warrant is issued by BPHBoard of Parole Hearings (formerly Board of Prison Terms), on the suspension date ordered by BPHBoard of Parole Hearings (formerly Board of Prison Terms). Tolled time ends when the offender is arrested for the outstanding warrant.
81010.9.1 Revocation and Suspension for Offenders Resentenced Pursuant to PC 1170.18(d)
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Offenders resentenced pursuant to PCPenal Code 1170.18(d) shall serve a maximum one-year parole term, unless the court, in its discretion, as part of the resentencing order, releases the person from parole, and shall be subject to tolling in the event of revocation or suspension of the parole term.
81010.10 Transfer Investigation Request Policy
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An offender shall be paroled to CLLRCounty of Last Legal Residence. An offender may be paroled to another county, or an active parolee may be transferred to another county when this would be in the best interest of the public and parolee, in accordance with the criteria specified in
Section 81010.2.1. If a decision is made to allow parole to another county, the reasons shall be specified in SOMSStrategic Offender Management and approved by the procedures established in this article. DAPODivision of Adult Parole Operations (formerly P&CSD) staff shall review the RPSRelease Program Study, and information in SOMSStrategic Offender Management to determine if a TIR has been requested and to verify that the proposed residence plans meet the criteria for a TIR specified in Section 81010.2.1. The TIR shall be processed using SOMSStrategic Offender Management. Pre-Parole out-of-state transfer requests for PRCS offenders will be processed by the supervising probation department. Offenders subject to a lifetime parole term require BPHBoard of Parole Hearings (formerly Board of Prison Terms) approval for out-of-state transfer request. Offenders with active detainers are not eligible for out-of-State transfers. Pre-Parole TIRs that are submitted for direct placement from an institution to a CDCRCalifornia Department of Corrections and Rehabilitation-funded residential treatment program shall be processed with automatic approval, regardless of whether or not the county is considered closed to transfers. DAPODivision of Adult Parole Operations (formerly P&CSD) staff assigned to arrange direct placements shall make every effort to place the offender in a CDCRCalifornia Department of Corrections and Rehabilitation-funded residential treatment program in the
offender’s CLLRCounty of Last Legal Residence prior to initiating a TIR. -
An offender may be transferred for the purpose of temporary placement in a county other than the CLLRCounty of Last Legal Residence for participation in a remedial sanction program, regardless of supervision level. Transferred offenders shall be returned to the CLLRCounty of Last Legal Residence upon completion of the program if the offender does not maintain one of the other criteria for transfers in Section 81010.2. When utilizing a program as a remedial sanction, temporary placement of an out-of-county offender shall not be restricted by current import, export, or
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When the offender is transferred outside of the CLLRCounty of Last Legal Residence based on participation in
a CDCRCalifornia Department of Corrections and Rehabilitation-funded or an approved non-CDCRCalifornia Department of Corrections and Rehabilitation-funded community-based residential treatment program, to include education, employment, or training and the program is no longer offered within that county, the offender may be allowed to participate in a similar program pursuant to CCRCalifornia Code of Regulations Title 15, Division 3, Subsection 3745(b). -
If an offender successfully completes a qualifying program outside the CLLRCounty of Last Legal Residence, the offender may be given the option to remain in that county if the offender maintains one of the other criteria for transfers in Section 81010.2 and pursuant to CCRCalifornia Code of Regulations Title 15,
Division 3, Subsection 3745(d).
81010.10.1 Transferred Offender Returned to the County of Last Legal Residence
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An offender transferred outside the CLLRCounty of Last Legal Residence may be returned to the CLLRCounty of Last Legal Residence for supervision at any time for good cause as determined by the unit supervisor of the parole unit outside the CLLRCounty of Last Legal Residence when:
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It is in the best interest(s) of the offender and the public.
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The offender has violated any condition of parole or applicable statutory requirement.
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The offender’s residence is in violation of any condition of parole or applicable statutory requirement.
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The offender is unavailable for supervision.
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The supervising parole unit in the CLLRCounty of Last Legal Residence to address parole violation(s) and impose remedial sanctions.
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Factors to be considered before returning offenders to the CLLRCounty of Last Legal Residence who are determined to be unavailable for parole supervision should include, but are not limited to:
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The length of time the offender was supervised in the county outside of the CLLRCounty of Last Legal Residence.
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Whether the offender has any established family, social, or economic ties in the county outside of the CLLRCounty of Last Legal Residence.
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Whether the offender has established a pattern of criminal history in the county outside of the CLLRCounty of Last Legal Residence.
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Whether a return to the CLLRCounty of Last Legal Residence will increase the likelihood of locating the offender.
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When returning an offender to the CLLRCounty of Last Legal Residence for non-compliance with the terms and conditions of parole, within two business days of the parole violation discovery date, the assigned parole unit in the CLLRCounty of Last Legal Residence shall be notified. The TIR shall be completed pursuant to Section 81010.10.3, and the field file shall be returned to the assigned parole unit. The following lines of responsibility shall apply:
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Parole Agent
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Conduct a case conference with the unit supervisor.
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Document the reason(s) for returning the offender to the CLLRCounty of Last Legal Residence in the TIR and automated ROS.
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Complete a TIR pursuant to Section 81010.10.3.
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Provide the offender with reporting instructions for returning to the CLLRCounty of Last Legal Residence, or arrange for transportation of the offender as approved by the unit supervisor.
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Unit Supervisor
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Upon determining the offender’s return to the CLLRCounty of Last Legal Residence is appropriate, coordinate the return to the CLLRCounty of Last Legal Residence with the assigned parole unit.
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If the offender is not available for parole supervision, place the offender into “Pending Warrant” status in SOMSStrategic Offender Management.
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Complete a TIR pursuant to Section 81010.10.3.
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81010.10.2 Closed County Denial of Transfer Requests
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In accordance with PCPenal Code 3003(i), if more than five percent of the total parolee population in a county does not have that county as their CLLRCounty of Last Legal Residence, the District Administrator may consider that county closed to transfers. The following offenders are not subject to closed county denials of transfer requests:
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Direct placement offenders, as described in Sections 81010.2, 81010.10.5,and 81010.10.6.
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Interstate Compact offenders, as described in DOMDepartment Operations Manual, Chapter 8, Article 6.
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Parolees originally sentenced to a life term and granted parole by the BPHBoard of Parole Hearings (formerly Board of Prison Terms).
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81010.10.3 Active Offender Transfer Investigation Request Procedures
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DAPODivision of Adult Parole Operations (formerly P&CSD) staff shall receive and process offender requests to transfer to another county within SOMSStrategic Offender Management. Such requests must meet at least one of the criteria listed in 81010.2.1. If it is evident the transfer request clearly does not meet criteria, the parole agent will conduct a case conference with the unit supervisor, deny the request with approval of the supervisor, and document the request and reason(s) for denial in the automated ROS. If an offender’s request appears to meet the criteria, the following lines of responsibility
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Sending Parole Unit, Parole Agent:
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Conduct a case conference if the request is being made as an emergency due to an immediate educational or employment opportunity which cannot be duplicated inthe CLLRCounty of Last Legal Residence, the unit supervisor may authorize a travel permit pending approval of the TIR.
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Initiate the TIR and cite the specific criteria for which the TIR is being submitted.
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Digitally sign the TIR form and electronically forward the TIR form to theunit supervisor.
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Upon notification of the District Administrator decision, inform the parolee of the status of the TIR and issue reporting instructions, if applicable.
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Print a copy of the TIR form and attach it to the outside front cover of the field file.
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Immediately forward the field file with all supporting documents to the receiving unit.
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Sending Parole Unit, Unit Supervisor or Assistant Unit Supervisor:
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Review the TIR to verify the request meets criteria for transfer.
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Digitally sign the TIR form and electronically forward to the unit supervisor of the receiving parole unit.
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Update the TIR investigation status in SOMSStrategic Offender Management to “Pending.”
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Notify the parole agent of the District Administrator decision.
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If approved, complete the “Sending Unit” portion of the “Transfer” section of the TIR form and forward to the receiving unit, unit supervisor.
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Receiving Parole Unit, Unit Supervisor or Assistant Unit Supervisor:
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Review the TIR to verify the request meets criteria for transfer.
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Assign the TIR investigation to a parole agent in SOMSStrategic Offender Management.
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Ensure the investigation is completed within 14 calendar days of receipt of the TIR.
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Upon the parole agent’s completion, review the TIR and recommend approval or denial with appropriate comments.
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Digitally sign the TIR form and electronically forward to the receiving parole unitDistrict Administrator.
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Close the TIR investigation in SOMSStrategic Offender Management.
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Complete the “Receiving Unit” portion of the Transfer section of the TIR form.
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After the parolee reports to the receiving unit, enter the “Transfer Between Units” Supervision Event and assign the parolee to a parole agent in SOMSStrategic Offender Management.
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Receiving Parole Unit, Parole Agent
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Conduct the TIR investigation by verifying that the request meets criteria for transfer.
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Upon completion of the investigation, indicate a recommendation of approval or denial with appropriate comments on the TIR form.
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Digitally sign the TIR form and electronically forward to the unit supervisor.
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Ensure that applicable victim, witness, and law enforcement notifications are made pursuant to PCPenal Code 3058.6 and 3058.8.
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Receiving Parole Unit, District Administrator
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Review the TIR to verify that the request meets the criteria for transfer.
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Make the decision to approve or deny the TIR, and record the decision on the TIR form with appropriate comments.
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Digitally sign the TIR form.
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81010.10.4 Pre‑Parole Transfer Request Lines of Responsibility
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Parole Service Associate
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The PSAParole Services Associate shall review the proposed residence plans, including request for transfer to a county other than the CLLRCounty of Last Legal Residence or an out-of-State transfer, prior to an offender’s release from prison. The PSAParole Services Associate shall:
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Update the Initiator Input section of the Release Plan screen in SOMSStrategic Offender Management. When the offender is within 210 days (seven months) of release, complete the appropriate sections of the RPSRelease Program Study, including proposed Residence Plans.
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Check the “Requests Out-of-County Parole/Release” box located in Section II of the RPSRelease Program Study in the event the proposed residence is outside of the offender’s CLLRCounty of Last Legal Residence. .
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Check the “Requests Out-Of-State Parole/Release” box located in Section II of the RPSRelease Program Study in the event the proposed residence is outside of California.
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If the inmate meets the Interstate Commission for Adult Offender Supervision (ICAOS) rules transfer criteria, the PSAParole Services Associate staff shall:
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Send an electronic mail request to ovssinterestate@cdcr.ca.gov and retain this correspondence for inclusion in the offender’s interstate transfer packet. If the inmate owes restitution, the out-of-State transfer shall not be initiated, unless this requirement was waived by the sentencing court pursuant to PCPenal Code 11177.2(c).
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Document the reason on the RPSRelease Program Study and/or Release Plan screen in SOMSStrategic Offender Management, if the inmate does not meet the criteria for transfer.
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Complete the Interstate Compact transfer packet and include the following forms:
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1. “Offender’s Application for Interstate Compact Transfer” ICAOS signed by the offender and the staff who witnesses the offender’s signature.
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2. “Transfer Request” ICAOS form.
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3. Signed CDCRCalifornia Department of Corrections and Rehabilitation Form 1515, Notice and Conditions of Parole, in addition to any addendums, (if required).
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4. Abstract of Judgement and Minute Order for the commitment offense.
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5. Probation Officer’s Report and Police Report (if available), for the commitment offense.
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6. Photograph of the offender.
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7. Confirmation from the CDCRCalifornia Department of Corrections and Rehabilitation Office of Victim and Survivor Rights that all restitution is satisfied (unless waived by the sentencing court pursuant to PCPenal Code 11177.2(c)).
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8. Rules Violation Reports and 128-A Counseling Chrono’s (if applicable).
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9. An acceptance letter is also required if the inmate is a veteran participating in a specialized program,
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10. For sex offenders, the following documents shall also be included in the transfer packet (if available):
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a. A copy of the offender’s notice to register.
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b. Any sex offender specific risk assessments.
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c. Law enforcement report(s) that provides specific details of sex offense.
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d. Victim information, including the name, sex, age, and relationship to the offenders; and the victim’s statement or statement from the victim’s representative (if available).
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Forward the completed packet to the Interstate Compact Unit no earlier than 120 days from release and provide a copy of the packet to Institution Case Records to scaninto ERMSElectronic Records Management System.
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Initiate the Out-of-State (OOS) Transfer in the SOMSStrategic Offender Management Offender Investigations section.
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Notify the inmate of approval or denial of the transfer request, obtain any required signatures (if applicable), and reaffirm the reporting instructions outlined on the RPSor CDCRCalifornia Department of Corrections and Rehabilitation Form 1649.
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Forward the transfer approval or denial and any additional documents received from Interstate Compact to the Institution Case Records for scanning into ERMSElectronic Records Management System.(H) Upon approval of the transfer request, notify the parole agent and reaffirm to the inmate that they must first report to their assigned California parole unit to finalize the transfer.
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Institutional Case Records. Scan any documents related to the Interstate Transfer into ERMSElectronic Records Management System as requested by CTP.
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Interstate Compact Unit
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Process Out of State transfer request pursuant to ICAOS rules.
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Forward any additional documents requiring the inmate’s signature to CTP institution staff.
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Upon receipt of the approval or denial from the receiving state, notify CTP institution staff and the parole agent of the outcome.
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Provide the parole agent the reporting instructions from the receiving state.
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DAPODivision of Adult Parole Operations (formerly P&CSD) Parole Unit Lines of Responsibility
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In an effort to ensure public safety, the offender shall first report to their assigned Parole Unit and parole agent, or Officer-of-the-Day after the OOS transfer has been approved. The parole agent shall:
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Conduct the initial interview
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Review the Special Conditions of Parole and make any modifications (if needed). If modifications are required send the modified conditions to the Interstate Compact Unit.
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Complete and have the parolee sign section 1 of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1605 Notification of Earned Discharge Criteria, if applicable.
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Complete the ICAOS “Notice of Departure” form and forward it to Interstate Compact.
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Provide the parolee with the receiving states’ reporting instructions.
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Complete any Victim Notifications that are required per current policy.
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81010.10.5 Administrative Placement of Parolees Policy
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The CDCRCalifornia Department of Corrections and Rehabilitation DAPODivision of Adult Parole Operations (formerly P&CSD) relies upon specific criteria that shall be used to determine the release of offenders who meet criteria pursuant to PCPenal Code 3003(b), 3003(f), and 3003(h) specifically, as to the administrative placement of parolees pursuant to PCPenal Code 3058.8.
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DAPODivision of Adult Parole Operations (formerly P&CSD) shall adhere to the specific criteria in Section 81010.2 to define the basis of an administrative placement of a parolee to no less than 35 miles from the actual residence of an identified victim, or a witness, of an offense as defined under PCPenal Code 3003(f)and 3003(h).
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DAPODivision of Adult Parole Operations (formerly P&CSD) management retains the exclusive right to transfer the parolee based upon the needs and vital interests of the victim and/or witness on a case-by-case basis.
81010.10.5.1 Administrative Placement of Parolees Procedures
February 10, 2022-
Pre-Parole Determination and Documentation of an Administrative Placement Case Screening – Staff Lines of Responsibility
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Regional Reentry Unit (RRU) Supervisor. The RRU Supervisor shall be responsible for ensuring administrative placement activities are completed by RRU staff.
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Regional Reentry Unit Screener. The RRU Screener shall review and identify victim notification issues pursuant to an administrative placement on the Release Program Study (RPSRelease Program Study) and forward to the RRU Supervisor.
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Regional Reentry Unit Staff
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Upon receipt of a RPSRelease Program Study packet, the RRU staff shall ensure the following steps are completed:
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Review the CDCRCalifornia Department of Corrections and Rehabilitation Form 1707, Request for Victim Services, to determine if the request is from an actual victim of, or witness to, a qualifying crime, and there is a request for a Special Condition of Parole (SCOP) that the parolee not be allowed to live within 35 miles of the victim’s or witness’s residence.
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Review the current Abstract of Judgement to verify that the commitment offense meets the criteria for administrative placement in section 81010.2.
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Review the probation or arrest report to confirm the identity of the victim or witness in the case facts. If the case does not meet the criteria for administrative placement, the RRU staff will assign the case to the appropriate parole unit pursuant to section 81010.4.1, and note on an attached CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-D, Record of Supervision, that the case does not meet the criteria for an administrative placement.
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Contact the victim via telephone to confirm the information noted on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1707.
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If necessary, obtain a current CDCRCalifornia Department of Corrections and Rehabilitation Form 1707 from a child victim formerly represented by a parent or guardian who has reached the age of 18 or above.
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If the victim is currently represented by a legal guardian, the coordinator shall request a certified copy of guardianship documents.
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If RRU staff are unable to establish contact with the victim via telephone, the following steps shall be completed:
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Exercise due diligence to contact the victim using information contained on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1707.
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Keep copies of any correspondence; i.e., mailed letters, electronic mail, or any other forms of correspondence between CDCRCalifornia Department of Corrections and Rehabilitation and the victim.
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The victim shall be allowed 14 calendar days to respond. If contact with the victim is unable to be established within the allotted time, the RRU staff shall:
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Screen out the administrative placement until such time that the victim reestablishes contact with the Office of Victim and Survivor Rights and Services (OVSR&SOffice of Victim and Survivors Rights and Services) or the Division of Adult Parole Operations.
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Document on the original correspondence sent to the victim “Unable to Locate,” sign, and date the correspondence.
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Maintain a copy of the correspondence and attach it to the RPSRelease Program Study packet.
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Upon confirmation that the victim or witness no longer requests the residential restriction, has relocated, or is deceased, the RRU staff shall:
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Rescind the original CDCRCalifornia Department of Corrections and Rehabilitation Form 2258, Administrative Parole Placement.
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Complete a new CDCRCalifornia Department of Corrections and Rehabilitation Form 2258 returning the offender to their CLLRCounty of Last Legal Residence or relocating them.
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Upon determination that victim notification cannot be completed, the case shall be assigned by the offender’s CLLRCounty of Last Legal Residence or city of last legal residence pursuant to section 81010.2.1.
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The RRU staff shall document the following five entries on a CDCRCalifornia Department of Corrections and Rehabilitation Form 1650‑D, for review and approval by the RRU Supervisor: basic details of the victim’s or witness’s request, as well as confirm that the request meets all criteria for administrative placement, and provide the resulting parole unit assignment; any and all special conditions of parole imposed on the parolee pertaining to the administrative placement; a detailed summary of the case facts and the source of the information; the offender’s CLLRCounty of Last Legal Residence or city of last legal residence; and the last entry shall read, “Confidential (insert parole unit name).”
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Once an appropriate parole unit assignment has been determined, the recommendation shall be submitted to the Regional Parole Administrator (RPARegional Parole Administrator), or designee, for a decision.
Any concerns regarding a victim or witness request following an administrative placement decision shall be forwarded to the RRU Supervisor. -
Upon approval by the RPARegional Parole Administrator, the RRU Supervisor shall:
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Complete the RPSRelease Program Study packet, designating the approved parole unit assignment.
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Notify the receiving parole unit of the decision to administratively place an offender in their jurisdiction by submitting the CDCRCalifornia Department of Corrections and Rehabilitation Form 2258.
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Forward the CDCRCalifornia Department of Corrections and Rehabilitation Form 2258 via electronic mail to the receiving parole unit supervisor and District Administrator as an official notice of administrative placement.
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Receiving Parole Unit
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Unit Supervisor or Assistant Unit Supervisor (AUSAssistant Unit Supervisor). The AUSAssistant Unit Supervisor shall ensure the pre-parole administrative placement and RPSRelease Program Study is completed as required in section 81010.4.1.
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Parole Agent. The parole agent responsibilities shall include, but are not limited to, the following:
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Establish and enforce a SCOP restricting the parolee from being within 35 miles of the victim’s and witness’s residence.
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When establishing the 35-mile distance, use Internet-based mapping software that measures the distance “as the crow flies” and not actual driving miles.
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The victim’s or witness’s address shall remain confidential and shall only be known by authorized staff.
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Upon receipt of a new CDCRCalifornia Department of Corrections and Rehabilitation Form 1707 from the victim or witness that does not request residential restrictions, or the CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B, Initial/Comprehensive Interview, or the victim or witness has relocated, the parole unit staff shall forward via email the new CDCRCalifornia Department of Corrections and Rehabilitation Form 1707 and pertinent relocation information via email to the RRU Supervisor and OVSR&SOffice of Victim and Survivors Rights and Services.
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Upon notification that the victim or witness is deceased, the parole unit staff shall forward any documentation (e.g., death certificate, funeral publication, or newspaper obituary) via email to the RRU Supervisor and OVSR&SOffice of Victim and Survivors Rights and Services requesting to rescind the CDCRCalifornia Department of Corrections and Rehabilitation Form 1707.
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Administrative Placement of Active Parolees
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All requests for administrative placement of active cases shall take priority over pre-parole cases. All procedures remain the same for pre-parole cases with the following exceptions:
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Upon assignment, the sending unit supervisor shall ensure that the parolee reports for their initial interview at the receiving parole unit.
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Transportation or pick-up of the parolee shall be coordinated between the parole units.
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Non-Mandatory Administrative Placement of Parolees
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Non-mandatory administrative placements are defined as a managerial discretionary decision based upon review of case criteria and warrant relocation of a parolee from their CLLRCounty of Last Legal Residence or city of last legal residence. These may include cases that are deemed high notoriety or public interest; contain violent offenses that do not meet the mandatory placement criteria; or, contain any other case factor(s) that, upon review, warrants relocation.
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Upon determination that a case shall be reviewed for a non-mandatory administrative placement of a parolee, the unit supervisor shall refer the matter to the RRU Supervisor for review and recommendation to the RPARegional Parole Administrator.
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If the reason for a review is related to a victim or witness matter, the unit supervisor shall refer the victim to the RRU Supervisor for appropriate assistance and disposition.
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Office of Victim and Survivor Rights and Services
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Once the victim, victim’s next-of-kin, or witness completes the CDCRCalifornia Department of Corrections and Rehabilitation Form 1707, the form shall be electronically transmitted, faxed, or mailed to:
Office of Victim and Survivor Rights and Services
P.O. Box 942883 Sacramento, CACorrectional Administrators 94283-0001
Fax: (916) 445-3737
Email: victimservices@cdcr.ca.gov -
OVSR&SOffice of Victim and Survivors Rights and Services will input the information identified on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1707 into the Strategic Offender Management System (SOMSStrategic Offender Management) and scan a copy into the ERMSElectronic Records Management System “Confidential” tab.
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To locate victim information in SOMSStrategic Offender Management:
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Type a CDCRCalifornia Department of Corrections and Rehabilitation number in the Offender Search box and press enter.
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Click on the “Offender” tab on the top of the page.
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Select the menu item for “Victim Notification,” and click on “Notification Requests,”
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A list of victims on file will populate. Click on the hyperlink of the commitment prefix (example: AA) and the victim’s information will populate.
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The original CDCRCalifornia Department of Corrections and Rehabilitation Form 1707 is barcoded and scanned into ERMSElectronic Records Management System, Confidential tab.
To view a CDCRCalifornia Department of Corrections and Rehabilitation Form 1707, open ERMSElectronic Records Management System and input the CDCRCalifornia Department of Corrections and Rehabilitation number in the box in the top left of the screen and press enter. The CDCRCalifornia Department of Corrections and Rehabilitation Form 1707 will be found in the Confidential tab.
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Institutional Case Records Staff. Institutional Case Records staff will notify the victim, victim’s next-of-kin, or witness who submitted a CDCRCalifornia Department of Corrections and Rehabilitation Form 1707 of any change in the offender’s custody status by telephone, electronic mail, or certified mail at their last known address, using the method of communication selected by the requesting party, if that method is available
(PCPenal Code section 646.92).
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81010.10.6 Direct Placement Pre‑Parole Transfer Investigation Request Procedures
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CTP staff shall coordinate the direct placement of eligible offenders in CDCRCalifornia Department of Corrections and Rehabilitation-funded programs with the assigned parole unit and the parole unit in the geographical area where the offender will be placed. Every effort shall be made to place the offender in a CDCRCalifornia Department of Corrections and Rehabilitation-funded treatment program in the offender’s CLLRCounty of Last Legal Residence. CTP staff may determine that an offender meets criteria for placement in a CDCRCalifornia Department of Corrections and Rehabilitation-funded treatment program outside of the offender’s CLLRCounty of Last Legal Residence when this would be in the best interest of the public and parolee, in accordance with the criteria specified in Section 81010.2. Offenders with active detainers are ineligible for Direct Placements or pre-parole transfers.
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If the offender is approved for placement outside of the CLLRCounty of Last Legal Residence, the PSAParole Services Associate shall:
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Initiate and complete the “TIR Offender Investigation” and designate the receiving unit for direct placement of an offender in a county other than the CLLRCounty of Last Legal Residence. The receiving unit is the parole unit responsible for the geographic area where the residential treatment program is located. Cite the specific criteria for which the transfer is being submitted in the appropriate section of the form.
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Digitally sign the TIR form and electronically forward it to the CTP supervisorvia SOMSStrategic Offender Management.
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If CTP initiates a direct placement that results in a change to the assigned parole unit, complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649, (Reporting Instructions), forward to the CTP supervisor for signature, and issue a copy to the Institution Case Records.
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If the transfer is approved monitor SOMSStrategic Offender Management to ensure the “Transfer Between Units Supervision Event” is entered prior to the generation of the Warden’s Checkout Order by the releasing institution.
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The Community Transition Program Supervisor, or Designee, shall:
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Transfer the case from the assigned parole unit to CTP headquarters in SOMSStrategic Offender Management and assign the case to a CTP PSAParole Services Associate.
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Upon receipt of the TIR form in the “Forms Awaiting Review,” review the TIR to verify that the direct placement meets criteria, found in Section 81010.2 based upon participation in a CDCRCalifornia Department of Corrections and Rehabilitation-funded treatment program.
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Digitally sign the TIR form in SOMSStrategic Offender Management and electronically forward the form to the unit supervisor or assistant unit supervisor of the receiving unit.
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Transfer the case from CTP headquarters back to the originally assigned Parole Unit in SOMSStrategic Offender Management to complete the rest of the pre-release process.
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Upon approval of the TIR by the receiving unit’s District Administrator, complete the Sending Unit portion of the Transfer section of the TIR form.
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Digitally sign the Transfer section of the TIR form and forward to the receiving parole unit’s supervisor.
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Upon approval of the TIR, review the new CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 for accuracy, sign and forward it to the receiving parole unit.
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Manually transfer the case to the receiving parole unit prior to the generation of the Warden’s Checkout Order by the releasing institution, if the receiving parole unit has not assigned the case in SOMSStrategic Offender Management.
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Institutional Case Records
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If a CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 is received changing the offender’s reporting instructions from one county to another, update the release plan screen in SOMSStrategic Offender Management pursuant to current procedures outlined in this Article.(A) Pursuant to PCPenal Code 3058.6, notify local law enforcement agencies of the release of offenders convicted of violent offenses at least 45 days prior to the parole date, or as soon as practicable.
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Pursuant to PCPenal Code 3058.8, notify victims and witnesses of approved transfer of
pre-parole cases.
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Unit Supervisor or Assistant Unit Supervisor
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Review the TIR to verify the request meets criteria for transfer.
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Assign the TIR investigation to a parole agent in SOMSStrategic Offender Management.
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Ensure the investigation is completed within 14 calendar days of receipt of the TIR.
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Review the TIR and recommend approval or denial with appropriate comments.Pre-Parole TIRs that are submitted for direct placement from an institution to aCDCR-funded treatment program shall be processed with automatic approval, regardless of whether or not the county is considered closed to transfers.
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Digitally sign the TIR and electronically forward it to the receiving parole unitDistrict Administrator.
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Close the TIR investigation in SOMSStrategic Offender Management.
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Upon notification that the sending parole unit has initiated a transfer, complete the “Receiving Unit” portion of the “Transfer” section of the TIR.
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Request the pre-parole file from the parole unit who was originally assigned the case, enter the “Transfer Between Units” Supervision Event, and assign the offender to a parole agent in SOMSStrategic Offender Management. The “Transfer Between Units” Supervision Event shall not be delayed and shall be done bi-laterally after the pre-parole TIR is approved by the receiving unit.
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Parole Agent
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Conduct the TIR investigation by verifying that the request meets criteria for transfer.
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Upon completion of the investigation, indicate a recommendation of approval or denial with appropriate comments on the TIR.
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Digitally sign the TIR and electronically forward it to the unit supervisor.
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Ensure that applicable victim, witness, and law enforcement notifications are made pursuant to PCPenal Code 3058.6 and 3058.8.
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Receiving Parole Unit District Administrator
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Review the TIR to verify that the request meets the criteria for transfer.
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Approve or deny the TIR, and record the decision on the TIR with appropriate comments. Pre-parole TIRs that are submitted for direct placement from an institution to a CDCRCalifornia Department of Corrections and Rehabilitation-funded treatment program shall be processed with automatic approval, regardless of whether or not the county is considered closed to transfers.
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Digitally sign the TIR.
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81010.10.6.1 Intra‑County Transfer Request
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A TIR is not required when a case is transferred between parole units within the same county. If there are no known parole or law violations open in the Parole Violation and Disposition Tracking System (PVDTS), and the offender is not in custody, transfers of offenders between parole units to an approved program or residence shall be completed as an“Intra-County Transfer” in the Strategic Offender Management System (SOMSStrategic Offender Management).
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The following criteria shall be completed for intra-county transfers:
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Offenders must remain in an approved program or the new residence for atleast 30 calendar days, without any days detained in a local jail, prior to initiating the transfer of the case to the new unit.
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A face-to-face home visit shall be conducted at the parolee’s residence of record within the last 30 days prior to transferring the case.
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All other monthly case specifications (e.g., discharge reviews, case conference reviews, containment team meetings, etc.) shall be completed prior to transferring the case.
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The receiving parole unit shall ensure the intra-county transfer investigation is completed within 14 calendar days of receipt from the sending unit. If the intra-county transfer request is denied, the unit supervisor shall document the reason(s) for the denial in the automatedRecord of Supervision and close the TIR investigation in SOMSStrategic Offender Management.
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81010.11 Parole of Offenders Sentenced Under Penal Code 1168
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The BPHBoard of Parole Hearings (formerly Board of Prison Terms) establishes parole dates for cases sentenced under PCPenal Code 1168. BPHBoard of Parole Hearings (formerly Board of Prison Terms) can establish a fixed date or, order a parole date advancement, if the offender has what appears to be a valid program.
81010.11.1 Consent to Information Release
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Pursuant to PCPenal Code section 13350, excluding Post Release Community Supervision (PRCS) cases, offenders shall be informed they have a right to Consent to Information Release(CIR).
If a parolee provides consent, a local law enforcement agency may release their name and address to a social service referral program by local law enforcement agencies within the law enforcement agency’s jurisdiction. Subsequent to the CIR notification:-
The parole agent shall document the offender’s response in Section II of the CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B and in the automated Record of Supervision.
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The parole agent shall ensure the supervision cautions in the Strategic Offender Management System (SOMSStrategic Offender Management) are updated by selecting the supervision caution “CIR” in the drop down box and the parolee’s response, “Yes” or “No.”
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The parole agent shall ensure the offender signs the CDCRCalifornia Department of Corrections and Rehabilitation 1650-B, which confirms authorization to release their information.
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The CIR information will be published on the Law Enforcement Automated Data System, pursuant to PCPenal Code section 13350 via an automation process in SOMSStrategic Offender Management.
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Offenders may revoke their CIR at any time, which shall be documented accordingly pursuant to this section. Once updated in SOMSStrategic Offender Management, the offender is responsible for informing law enforcement and social services agencies of their consent withdrawal.
81010.12 Direct Release to Parole From Court Policy
Revised February 10, 2022-
In any case that the amount of pre-imprisonment credit is equal to or exceeds the sentence imposed, the entire sentence is deemed to have been served and the defendant is not delivered to CDCRCalifornia Department of Corrections and Rehabilitation. Instead, the court shall advise the defendant they must serve a parole term, and shall order the defendant to report to a Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)) parole unit. Whenever the court sentences a defendant directly to parole supervision, DAPODivision of Adult Parole Operations (formerly P&CSD) shall supervise the parolee in the same manner as an inmate who was released from a CDCRCalifornia Department of Corrections and Rehabilitation facility.
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PCPenal Code section 3000.08(l) required, “Any person released to parole supervision pursuant to subdivision (a) shall, regardless of any subsequent determination that the person should have been released pursuant to subdivision (b), remain subject to subdivision (a) after having served 60 days under supervision pursuant to subdivision (a). On December 31, 2020,California Appellate Court decision in People vs. Ruiz effectively repealed PCPenal Code section 3000.08(l). Upon discovery, Post Release Community Supervision (PRCS) cases shall be transferred to county supervision within 60 days. Any circumstances that delay the transfer of PRCS cases to county supervision beyond the specified time shall be documented in the automated ROS.
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Depending on the instructions given by the court, the offender may not initially report to the parole unit that will be responsible for supervising the offender. The court’s reporting instructions may also vary from standard instructions given to inmates and may not comply with
PCPenal Code section 3060.7 reporting requirements. The timeliness in which the courts send sentencing documents to CDCRCalifornia Department of Corrections and Rehabilitation will vary. -
If it is discovered an offender has failed to report to DAPODivision of Adult Parole Operations (formerly P&CSD) upon release from county jail, the unit supervisor shall assign the case to a parole agent to investigate the matter. It is the responsibility of DAPODivision of Adult Parole Operations (formerly P&CSD), when appropriate, to request a warrant even if the case may be eligible for PRCS. The time during which the offender’s parole is suspended shall not be credited toward any period of parole supervision.
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At the time of release or while on parole, if a California Static Risk Assessment (CSRA) score does not auto populate, a manual request may be submitted via electronic mail to: requestforcsra@cdcr.ca.gov. The request shall include the parolee’s name, CDCRCalifornia Department of Corrections and Rehabilitation number, and the reason for the request. This request may take up to 45 to 60 days for a CSRA score to auto populate, until then the offender shall be assigned a risk value of 5.
81010.12.1 Direct Release to Parole from Court – Initial Procedures
Revised February 10, 2022-
Officer-of-the-Day
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Request a picture form of identification from the offender.
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Obtain and review any legal documents the offender may have in their possession.
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Notify the unit supervisor of the direct release and provide any known sentencing information, documents, or both.
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Conduct an initial interview and document the interview on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B, ensuring the documentation of the offender’s CIR pursuant to section 81010.11.1, as needed, and thatthe offender was notified of their right to grieve their classification to parole supervision via the CDCRCalifornia Department of Corrections and Rehabilitation 602 grievance process. If the offender does not have any legal documents, interview the offender to determine the sentencing court, docket number, sentence details,
and commitment offense information. -
Search SOMSStrategic Offender Management to determine if the offender is currently being supervised by DAPODivision of Adult Parole Operations (formerly P&CSD).
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Document in the automated ROS any reasonable accommodations and modifications provided, and effective communication methods used.
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If the offender reports to a parole office other than their assigned parole unit subsequent to their release from custody, the Officer-of-the-Day shall complete an abbreviated interview pursuant to DOMDepartment Operations Manual section 81020.11.
81010.12.2 Direct Release to Parole from Court – Parole Violator with New Term Procedures
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Officer-of-the-Day
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Follow procedures outlined in section 81010.12.1.
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Upon identification of an active record:
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Update Offender Demographics, SOMSStrategic Offender Management Supervision Cautions pursuant to section 81010.11.1, and Offender Photographs as needed.
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Immediately notify the unit supervisor of the parole unit supervising the active record.
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Obtain reporting instructions from the parole unit and instruct the offender accordingly.
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Provide any legal commitment documents and a copy of the CDCRCalifornia Department of Corrections and Rehabilitation 1650-B signed by the offender to the unit supervisor for scanning and submission to Parole Case Records.
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Email any legal commitment documents to Parole Case Records via
DAPO-DirectReleaseDocuments@cdcr.ca.gov for the new commitment entry into SOMSStrategic Offender Management.
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The case shall be processed by the supervising parole unit as a Parole Violator With New Term (PVWNTParole Violator Returned With New Term).
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If the parolee is already serving a parole term, the agent of record shall ensure the certified documents for the new commitment offense are mailed to Parole Case Records.
81010.12.3 Direct Release to Parole From Court – New Offender Procedures
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Officer-of-the-Day
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Follow procedures outlined in section 81010.12.1.
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If the offender does not have an active record in SOMSStrategic Offender Management, obtain a CI&ICriminal Identification and Information Report by the CI&ICriminal Identification and Information number if known, or by querying the offender’s identifying information in the California Law Enforcement Telecommunications System.
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Review prior conviction history to determine any registration requirements.
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Create a Live Scan profile for the offender.
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Enter the offender’s demographic information into Live Scan station.
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Capture the offender’s fingerprints, palm prints, and photos utilizing the Live Scan station.
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Save the fingerprint and photo data in the offender’s Live Scan profile, which will automatically forward the profile to the Live Scan Controller at Parole Case Records.
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Transmit a Live Scan DNA inquiry to the Department of Justice (DOJDepartment Of Justice) to determine if a DNA sample needs to be collected.
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If needed, collect the DNA sample of the offender using the Live Scan station.
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Obtain three photos via any state-issued recording device. Print the photos and place in the field file.
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Determine if there are any Americans with Disabilities Act accommodations or concerns and provide the offender with a CDCRCalifornia Department of Corrections and Rehabilitation Form 1824-B, Parolee Request for Accommodation,
if needed. -
Complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 2289, Notice and Request for Assistance During a Parole Proceeding.
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Based on available information, generate a Notice and Conditions of Parole and a Special Conditions of Parole if appropriate and review them with the offender.
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Provide the CI&ICriminal Identification and Information Report and Minute Order, the CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B, or any other sentencing documents to the unit supervisor to obtain a CDCRCalifornia Department of Corrections and Rehabilitation number from Parole Case Records.
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Parole Agent
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Shall obtain the following documents for submission to Parole Case Records:
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Certified copy of the Abstract of Judgement.
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Certified copy of the Minute Order.
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Felony complaint or information, or both, filed by the district attorney.
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Probation officer’s report, if not waived by the defendant.
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Police reports, arrest reports, and any other pertinent information.
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Copy of the CDCRCalifornia Department of Corrections and Rehabilitation 1650-B signed by the offender.
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Request a California Static Risk Assessment score by sending an email request to requestforcsra@cdcr.ca.gov.
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If the offender has a conviction for a crime requiring registration pursuant to
PCPenal Code sections 290 through 294, regardless of whether or not the offender is required to register, request a Static-99R or Female Sex Offender Risk Assessment (FSORA) by sending an email request to: static99request@cdcr.ca.gov. -
Conduct a case conference with the unit supervisor or assistant unit supervisor to determine supervision level and conditions of parole.
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Conduct a comprehensive interview within 15 business days of release and document the interview on CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B.
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Update Offender Demographics, SOMSStrategic Offender Management supervision cautions pursuant to section 81010.11.1, and Offender Photographs as needed.
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Submit the NOC and SCOP to the unit supervisor in SOMSStrategic Offender Management for electronic signature.
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Review CI&ICriminal Identification and Information Report to determine if a DNA (buccal swab) sample has been collected. If not previously collected as prescribed in subsection 81010.12.3(a)(5)(A), obtain a buccal swab sample, right thumb-print, and full palm impression of each hand as required by PCPenal Code section 295 et seq.
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Fingerprints will be retained electronically in ERMSElectronic Records Management System.
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Supervise the offender in accordance with current DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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Document contacts with the offender in the automated ROS.
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Unit Supervisor or Assistant Unit Supervisor
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If an offender does not have an active record in SOMSStrategic Offender Management, scan the CI&ICriminal Identification and Information Report and Minute Order (if available) and send the documents via electronic mail to Parole Case Records at: DAPODivision of Adult Parole Operations (formerly P&CSD)-DirectReleaseDocuments@cdcr.ca.gov.
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Upon creation of a new Personal Identification (PID) number or discovery of an existing PID number in SOMSStrategic Offender Management, assign a parole agent.
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Open the RPSRelease Program Study Offender Investigation and assign the due date.
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Close the RPSRelease Program Study Offender Investigation and update “Offender Status.”
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Assign the supervision level of the offender.
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Review and electronically sign the NOC and SCOP created by the ODOfficer of the Day or parole agent.
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Ensure all required court documents have been collected, scanned, and emailed to Parole Case Records for inclusion in ERMSElectronic Records Management System. Required documents shall include a copy of the Abstract of Judgement, Minute Order, or the charging documents. Additional documents shall include the probation officer’s report or police report.
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Ensure all required certified court documents are mailed to Parole Case Records to include at least one certified copy of the Abstract of Judgement, Minute Order, or the charging documents.
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Parole Case Records Staff
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Conducts an Offender Registration Search in SOMSStrategic Offender Management to determine if there is an existing record. If no record exists, a PID and CDCRCalifornia Department of Corrections and Rehabilitation number shall be generated and forwarded to the unit supervisor via electronic mail within 48 hours.
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Enters the “Intake New Case” in supervision events in SOMSStrategic Offender Management during the process of generating the new CDCRCalifornia Department of Corrections and Rehabilitation number.
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Submits the CDCRCalifornia Department of Corrections and Rehabilitation Form 2218, Re-Entry Data Sheet, to the appropriate Regional Reentry Unit for parole unit assignment.
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Enters commitments, legal mandates, and personal characteristics
/and demographics information into SOMSStrategic Offender Management. -
Completes any registration requirement forms mailed to the parole unit for parolee signature and thumb-print. Forms are to be returned to Parole Case Records for distribution to ERMSElectronic Records Management System and DOJDepartment Of Justice.
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Verifies all required offender documents are received from the parole units, including original signed NOC, SCOP, and the offender’s signed CDCRCalifornia Department of Corrections and Rehabilitation Form 1650-B.
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Enters the required commitment data from certified Abstract of Judgement or certified Minute Order into Live Scan Controller.
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Once commitment data recording is complete, transmit Live Scan profile to DOJDepartment Of Justice.
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Print the fingerprint card from Live Scan Controller.
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Scan fingerprint card into ERMSElectronic Records Management System.
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Regional Reentry Unit
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Upon receipt of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2218 from Parole Case Records, determines the parole unit assignment.
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Returns the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 2218 to Parole Case Records, and sends a copy to the assigned parole unit.
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81010.12. 4 Post Release Community Supervision Screening and Initial Interview Procedures
February 10, 2022-
DAPODivision of Adult Parole Operations (formerly P&CSD) staff shall prioritize screening of direct release cases to determine Post Release Community Supervision (PRCS) eligibility. The unit supervisor or AUSAssistant Unit Supervisor shall review the certified court documents to determine if the commitment offense meets criteria for PRCS supervision, as described in PCPenal Code sections 3000.08 and 3451. If applicable, the Static-99R score FSORA shall be reviewed to determine if the offender meets the criteria for designation as a High-Risk Sex Offender. If it is determined the offender meets the criteria to be supervised as a PRCS case, including an offender erroneously classified for parole supervision (People v. Ruiz (2020) 59 Cal.App.4th 372), the unit supervisor or AUSAssistant Unit Supervisor shall approve the determination as applicable. The RPSRelease Program Study for direct release offenders is only completed for those who are determined to be PRCS eligible after they have reported to a parole unit.
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It is the responsibility of DAPODivision of Adult Parole Operations (formerly P&CSD) to notify the offender in writing of their responsibility to report to the appropriate county PRCS agency. DAPODivision of Adult Parole Operations (formerly P&CSD) shall not forward the required documents to Parole Case Records for case closure without first notifying the offender in writing to report to the appropriate county PRCS agency utilizing CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services, Notice and Conditions of Post Release Community Supervision. If the offender fails to report to DAPODivision of Adult Parole Operations (formerly P&CSD) upon initial release from county jail and it has been determined the offender is eligible for PRCS supervision,
the unit supervisor shall assign the case to a parole agent to investigate the matter and make every effort to locate the offender. -
If the offender cannot be located, a warrant shall be requested. After the offender has been located, and if the offender has not been notified to report to PRCS, DAPODivision of Adult Parole Operations (formerly P&CSD) shall ensure the offender is informed in writing of their obligation to report to the appropriate county PRCS agency utilizing CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services. The parole agent will then forward the required documents to Parole Case Records and request the offender’s supervision be transferred to the appropriate county PRCS agency.
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Failure to forward the completed documents (RPSRelease Program Study, CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services, and certified court documents) to Parole Case Records, or provide notice to the offender pursuant to this section will delay the transfer of PRCS cases to the appropriate county agency for supervision.
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DAPODivision of Adult Parole Operations (formerly P&CSD) will review the Record of Arrests and Prosecutions (RAP) sheet to determine if a DNA sample and fingerprint card are required.
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Direct release offenders who report to DAPODivision of Adult Parole Operations (formerly P&CSD) as ordered by the sentencing court and are determined to be PRCS
–eligible shall be processed as follows:-
Parole Agent
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Initiates and completes the designated fields in the Release Plan screen in SOMSStrategic Offender Management.
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Completes Sections I, II, and III of the RPSRelease Program Study in SOMSStrategic Offender Management, then electronically route to the unit supervisor or AUSAssistant Unit Supervisor for signature.
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After the RPSRelease Program Study is “Finalized” by the supervisor, prints the RPSRelease Program Study, contacts the appropriate county PRCS agency for reporting instructions, and completes Section V of the RPSRelease Program Study in hard copy.
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Ensures the offender signs Section VII of the RPSRelease Program Study hard copy and provides a copy of the signed RPSRelease Program Study to the offender.
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Completes CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services, ensures the offender signs it or indicates if the offender refuses to sign, and provides a copy to the offender.
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Completes the CDCRCalifornia Department of Corrections and Rehabilitation Form 1502, Activity Report, only if the parole agent identifies additional pertinent information not already referenced in the RPSRelease Program Study. In the event any section of the RPSRelease Program Study is locked, the parole agent shall have the option to print the RPSRelease Program Study and handwrite any required information.
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Documents the contact with the offender in the automated ROS.
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Updates Offender Demographics in SOMSStrategic Offender Management.
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Determines if fingerprints have been taken. To determine if fingerprints have been taken, the parole agent shall:
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Review the RAP sheet and locate the entry for the commitment offense arrest.
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Fingerprints taken at the time of arrest via Live Scan will have a “COM: SCN” comment line.
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Record the COM: SCN Number generated by Live Scan in the automated ROS.
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Obtain fingerprints, if applicable.
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As prescribed in subsection 81010.12.3(a)(5), obtains a buccal swab sample, right thumb-print, and full palm impression of each hand of the offender as required by PCPenal Code sections 295 et seq., if applicable.
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Forwards copies of the RPSRelease Program Study, CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services, CDCRCalifornia Department of Corrections and Rehabilitation Form 1502, and copies of the certified court documents (Abstract of Judgement, Minute Order or the district attorney’s felony complaint, and the probation officer’s report or police report) to Parole Case Records via electronic mail at DAPO-DirectReleaseDocuments@cdcr.ca.gov.
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Ensures original certified court documents are mailed to Parole Case Records within 24 hours.
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Unit Supervisor or Assistant Unit Supervisor
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If an offender does not have an active record in SOMSStrategic Offender Management, scan the CI&ICriminal Identification and Information Report and Minute Order (if available) and send the documents via electronic mail to Parole Case Records at: DAPODivision of Adult Parole Operations (formerly P&CSD)-DirectReleaseDocuments@cdcr.ca.gov.
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Opens the RPSRelease Program Study Offender Investigation in SOMSStrategic Offender Management and assigns a parole agent upon receiving a PID number from Parole Case Records.
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Upon RPSRelease Program Study completion by the parole agent, completes Section IVIntravenous of the RPSRelease Program Study with electronic signature, then closes the RPSRelease Program Study Offender Investigation, which updates the status of the form to Finalized.
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Reviews and signs the CDCRCalifornia Department of Corrections and Rehabilitation Form1515-CSControl Services.
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Assigns the supervision level of the offender pending transfer to PRCS.
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Notifies Parole Case Records of the completion of the PRCS initial interview procedures via electronic mail at:DAPODivision of Adult Parole Operations (formerly P&CSD)-DirectReleaseDocuments@cdcr.ca.gov.
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Ensures all required documents are completed and have been collected and mailed to Parole Case Records for inclusion in ERMSElectronic Records Management System.
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Parole Case Records Staff
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Conducts an Offender Registration Search in SOMSStrategic Offender Management to determine if there is an existing record. If no record exists, a PID and CDCRCalifornia Department of Corrections and Rehabilitation number shall be generated and forwarded to the unit supervisor via electronic mail.
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Enters the “Intake New Case” in supervision events during the process of generating the new CDCRCalifornia Department of Corrections and Rehabilitation number.
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Submits the CDCRCalifornia Department of Corrections and Rehabilitation Form 2218 to the appropriate Regional Reentry Unit (RRU) for parole unit assignment. Ensure the RRU is advised the offender is PRCS eligible.
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Enters commitments, legal mandates, personal characteristics, and demographic information into SOMSStrategic Offender Management.
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Completes any registration requirement forms to be mailed to the parole unit for parolee signature and thumb-print. Forms are to be returned to Parole Case Records for distribution to ERMSElectronic Records Management System and DOJDepartment Of Justice.
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Enters into Live Scan Controller the required commitment data from certified
Abstract of Judgement or certified Minute Order. -
Once recording of commitment data is complete, transmits Live Scan profile to DOJDepartment Of Justice.
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Prints the fingerprint card from Live Scan Controller.
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Scans fingerprint card into ERMSElectronic Records Management System.
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For commitment offenses of PCPenal Code sections 245(a)(4) and 4501, and Vehicle Code section 23153, determines if the convictions meet the criteria of PCPenal Code section 1192.7(c).
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Verifies all required offender commitment documents have been received.
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Forwards required documents to the appropriate PRCS agency via the SAFE system upon receipt of the completed RPSRelease Program Study generated by SOMSStrategic Offender Management.
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Completes the discharge process in SOMSStrategic Offender Management when the offender is determined to be PRCS eligible and all required documents have been received from the parole unit.
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Regional Reentry Unit
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Upon receipt of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2218 from Parole Case Records, determines the parole unit assignment.
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Returns the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 2218 to Parole Case Records.
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Initiates and completes Section VI, CDCRCalifornia Department of Corrections and Rehabilitation Parole Reporting Instructions, in the RPSRelease Program Study. SOMSStrategic Offender Management will automatically generate an alert to the assigned parole unit that a new RPSRelease Program Study is available.
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81010.13 Parolee Reporting and Pick Up (Penal Code 3060.7)
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All inmates and parolees shall be instructed to report on the first working day following any release, unless prior arrangements are approved in writing by the unit supervisor. Inmates who meet the highest risk classifications are required to report no later than 48 hours after release, or the first working day following release, whichever is sooner.
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Offenders who are required to register pursuant to PCPenal Code 290 through 290.024, or have a CSRA score of five shall be designated as meeting the highest risk classifications. The release date of these inmates may be adjusted in accordance with CDCRCalifornia Department of Corrections and Rehabilitation policy to ensure the inmate reports no later than 48 hours after being released. For reporting instruction purposes, in the event a CSRA score is not available, DAPODivision of Adult Parole Operations (formerly P&CSD) shall presume an
offender’s CSRA score is five until the CSRA scoring process is completed and the offender’s actual score is determined. Offenders who are being released from an AD-SEGAdministrative Segregation Unit, SHUSecurity Housing Unit, PSUPsychiatric Services Unit, or offenders who are being treated in the Enhanced Outpatient Program (EOPEnhanced Outpatient Program) that are unable to take public transportation shall be picked up by a parole agent and transported to the parole unit in accordance with 81010.13.3. DAPODivision of Adult Parole Operations (formerly P&CSD) has the discretion to require other offenders to be picked up by the parole agent.
81010.13.1 Reporting Instructions Procedures
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Parole Agent
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Document the CSRA score for the offender on the RPSRelease Program Study, in the “ParoleSupervision Level.”
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Attach the CSRA score generated by the COMPAS system to the RPSRelease Program Study, and retain a copy of the CSRA score in the field file.
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Document reporting instructions on the RPSRelease Program Study.
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If the offender has a CSRA score of five or is required to register pursuant to PCPenal Code 290 through 290.024, complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649. Submit the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 via electronic mail to the assigned institutional case records analyst. Check the box titled “Release per PCPenal Code 3060.7” on the RPSRelease Program Study. The offender shall be instructed to reportwithin 48 hours of release, in accordance with Section 81010.13.
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The CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 may also be used to transmit reporting instructions to any offender, at the discretion of the parole agent.
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The NOC may also include reporting instructions.
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Return the RPSRelease Program Study and any supporting documents (i.e. Reporting Instructions, NOC,and SCOP) to the institution prior to the offender’s release date.
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81010.13.2 Release Date Adjustment Procedures
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Offenders who meet the highest risk classification criteria and are being released on a Friday or on a day before a holiday shall have their release date adjusted to allow the offender to report within 48 hours. There will be some instances in which a parole agent may be required to work on a weekend or a holiday in order to comply with the reporting requirements. When a release date is adjusted, the following lines of responsibility shall occur:
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Parole Agent
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Complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 with the date, time, and reporting location the offender is to be instructed to report.
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The parole agent may provide instructions for the offender to report to a location other than the parole unit, with approval from the unit supervisor. These instructions and reporting location shall be documented on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649, with the complete address of the reporting location, as well as the date and time. “N/A” shall be entered in the “Parole Unit” box if the offender is being instructed to report to a location other than a parole unit.
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After unit supervisor approval of the reporting date and time, electronically transmit the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 to the institutional records office.
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If the offender fails to report as instructed, conduct a case conference with the unit supervisor to determine if an after-hours warrant is necessary.
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Unit Supervisor
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Ensure the reporting instructions on the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 shall instruct the offender to report no later than 48 hours after release.
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Ensure a parole agent is on-duty to conduct an initial interview when the offender is scheduled to report.
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81010.13.3 Parole Agent Pick‑Up Procedures
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Offenders who meet any of the following criteria shall be picked up by a parole agent or team of parole agents:
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Serving a determinate or indeterminate SHUSecurity Housing Unit term imposed by an Institutional Classification Committee or the Departmental Review Board, and is being released from an AD-SEGAdministrative Segregation Unit, SHUSecurity Housing Unit, or PSUPsychiatric Services Unit.
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Classified EOPEnhanced Outpatient Program and determined by two institutional mental health clinicians to be unable to use public transportation. This finding shall be documented by institutional staff on a CDC Form 128-C, Medical-Psychiatric-Dental Chrono.
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Any offender who, as determined by the parole agent and unit supervisor, may pose an enhanced risk to public safety that may be reduced by a direct pick-up.
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The following lines of responsibility shall occur when the determination is made that an inmate will be picked up at the institution or other designated location.
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(1) Parole Agent
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Complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 noting the date and approximate time the offender shall be picked up from the releasing facility or at a pre-arranged meeting location.
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Provide the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649 to support staff to be electronically transmitted to the releasing institution.
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If the offender is housed at a facility that will require the parole agent to drive an excessive amount of time, contact the Classification and Parole Representative (C&PRClassification & Parole Representative) at the institution housing the offender to make arrangements to have the offender transported to an institution closer to the parole unit or to arrange a meeting point.
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Contact the releasing institution if there are delays in the anticipated arrival time.
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Pick up the offender at the designated facility or prearranged meeting location at the scheduled date and time.
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Transport the offender pursuant to DAPODivision of Adult Parole Operations (formerly P&CSD) policy to the parole unit or residence of record.
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(2) Unit Supervisor
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Ensure the parole agents are available to pick up the offender on their scheduled or adjusted release date.
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Ensure the parole agent provides pick up instructions to the releasing institution by completing and sending the CDCRCalifornia Department of Corrections and Rehabilitation Form 1649.
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Coordinate the pick up date and time with C&PRClassification & Parole Representative.
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81010.14 Notice and Conditions of Parole Policy
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The Notice of Conditions of Parole (NOC), as established by CDCRCalifornia Department of Corrections and Rehabilitation or the Board of Parole Hearings (BPHBoard of Parole Hearings (formerly Board of Prison Terms)), are the same for persons sentenced to either a determinate or an indeterminate term of imprisonment. These conditions of parole are not a contract, but are a means of informing offenders of the specific rules governing their behavior. The conditions shall be imposed on the offender whether or not the offender signs the NOC and the SCOP forms.
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Non-English. If the offender does not understand English, DAPODivision of Adult Parole Operations (formerly P&CSD) shall provide an interpreter in a language the offender understands for all parole proceedings.
81010.15 Special Conditions of Parole Policy
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DAPODivision of Adult Parole Operations (formerly P&CSD) may impose SCOP in addition to the conditions of parole prior to or after the initial parole date. County superior courts may also impose or modify conditions of parole for parolees sentenced under PCPenal Code 1170. SCOP imposed by the court may only be modified or removed by the court.
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BPHBoard of Parole Hearings (formerly Board of Prison Terms) shall establish and impose the SCOP for parolees over which BPHBoard of Parole Hearings (formerly Board of Prison Terms) has jurisdiction. BPHBoard of Parole Hearings (formerly Board of Prison Terms) may impose any SCOP at the hearing where parole is granted. The special condition and reasons for its imposition shall be created using the SOMSStrategic Offender Management “Notice of Conditions” and “Special Conditions of Parole” functions, printed, and given to the offender prior to release. SCOP imposed by BPHBoard of Parole Hearings (formerly Board of Prison Terms) are removed or modified onlythrough BPHBoard of Parole Hearings (formerly Board of Prison Terms) action. DAPODivision of Adult Parole Operations (formerly P&CSD) may impose additional SCOP on offenders under BPHBoard of Parole Hearings (formerly Board of Prison Terms) jurisdiction.
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DAPODivision of Adult Parole Operations (formerly P&CSD) shall establish and impose NOC and/or SCOP for persons subject toPC 1170. All SCOP shall be specified in writing with the reason for their imposition and must be issued to the offender in writing prior to becoming effective. The SCOP shall be clearly defined to provide the reader a substantive, defensible, and clear understanding of the SCOP and the reasons for validity.
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SCOP may regulate conduct that is not in itself criminal, but reasonably likely to increase the chance the offender will commit a new crime. SCOP may be imposed if there is a nexus or if the SCOP are reasonably related to the offender’s commitment offense, criminal history, and/or future criminality. SCOP that prohibit otherwise lawful activity are valid only if the prohibited conduct either (1) has a relationship to the commitment offense or criminal history, or (2) is reasonably related to the offender’s history to deter future criminality.
81010.15.1 Special Conditions of Parole Mandated by Statute Policy
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Offenders who meet the following criteria shall have SCOP imposed as required by the statute listed in the following table:
Commitment Offense or Past Offense SCOP required Statutory justification
Current commitment
offense(s) of PCPenal Code 136.1, 262, 273.5, 273.6 (where victim was the victim of domestic violence), 422 (where victim was the victim of domestic violence), 646.9, and any serious or violent offense in which the victim was a family memberThe offender shall enroll in and complete a certified batterer’s program within 30 days of the first contact between the parole agent and parolee.
The offender shall not threaten, stalk, sexually abuse, harass, or commit further violent acts against the victim.
The offender shall not come within 100 yards of the victim’s residence or workplace (upon request of the victim or victim’s legal guardian if the victim is a minor, and/or if the parole agent or unit supervisor deems it appropriate).
The offender shall not contact the victim or victim’s family (upon request of the victim or victim’s legal guardian if the victim is a minor, and/or if the parole agent or unit supervisor deems it appropriate).PCPenal Code 3053.2 Current commitment
offense(s) of PCPenal Code 422.6, 422.7, 422.75, 594.3, or 11411, including, but not limited to any commitment offense for a hate crime against the person or property of the victim because of the victim’s actual or perceived race, color, ethnicity, religion, nationality, country of origin, ancestry, disability, gender, or sexual orientation.The offender shall refrain from further acts of violence, threats, stalking, or harassment of the victim, or known immediate family or domestic partner of the victim.
The offender shall complete a class or program on racial or ethnic sensitivity, or other similar training in the area of civil rights, or a one-year counseling program.PCPenal Code 422.55
PCPenal Code 3053.4All commitment offenses, past and present, that require offenders to register per PCPenal Code 290-294 The offender shall report to, enroll in, and actively participate in a sex offender therapy program approved by DAPODivision of Adult Parole Operations (formerly P&CSD). The offender shall waive psychotherapist-patient privilege and sign all necessary enrollment documents.
The offender shall agree to polygraph examinations.PCPenal Code 3008 Current commitment
offenses for a crime listed in PCPenal Code 667.5(c)The offender shall not contact the victim, witness, or victim’s or witness’s family.
The offender shall not reside within 35 miles of the victim/witness (if requested by the victim/legal guardian).
The offender shall not reside in the same county as the victim (if requested by the victim/legal guardian)PCPenal Code 3003, PCPenal Code 3003(f) Current commitment offense(s) of PCPenal Code 288 (including subsections) and/or PCPenal Code 288.5 The offender shall not reside within ½ mile of a school serving any grades kindergarten through 12. PCPenal Code 3003(g) -
The parole agent, upon approval of the unit supervisor, may impose additional SCOP if the SCOP meet the criteria established in People v. Lent (1975) 15 Cal.3d 481.
81010.15.2 Special Conditions of Parole Procedures
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Parole Agent
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Reviews case factors to determine appropriate SCOP, if any.
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Determines whether the offender is capable of understanding the NOC and SCOP in English.
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Reviews offender’s profile in DECS to determine if any accommodations are necessary.
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(No Later Than 90 Days Prior to Earliest Possible Release Date)
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Creates the NOC and SCOP (if applicable) in SOMSStrategic Offender Management and the reason(s) for recommendations.
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Electronically routes the NOC and SCOP to the unit supervisor for review.
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Unit Supervisor
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Ensures all SCOP meet the requirements as set forth in Section 81010.16 areclearly defined.
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Reviews the NOC and SCOP and enters approval and digital signature in SOMSStrategic Offender Management, thereby imposing the special conditions.
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The unit supervisor and parole agent shall conduct a case conference if there is a disagreement about the proposed NOC and SCOP prior to approval.
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CTP Parole Service Associate
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(1)Verify that the NOC and SCOP (if applicable) exist in SOMSStrategic Offender Management.
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If there is no NOC or SCOP, create a “generic” NOC within SOMSStrategic Offender Management.
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No later than 30 days prior to scheduled release on parole, print and provide a copy of the NOC and SCOP to the offender and obtain the offender’s signature and initials in the designated sections. If the offender refuses to sign, write “refused to sign” and initial and date in place of the offender’s signature.
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If the offender is unable to read the NOC or SCOP, provide effective communication accommadations and document in DECS.
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Forward the completed RPSRelease Program Study, NOC, and SCOP to Institutional Case Records.
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Institution Case Records Staff (Prior to Inmate’s Parole)
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Scan the completed RPSRelease Program Study, NOC, and SCOP into ERMSElectronic Records Management System.
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81010.15.3 Imminent Release (Oral RPS) Conditions of Parole/Probation Procedures
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CTP Parole Service Associate
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If there is no NOC or SCOP, from parole, create a generic NOC within SOMSStrategic Offender Management. If there is no NOC or SCOP, from probation, create a generic CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-CSControl Services for PRCS cases.
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Print and review the copy of the NOC and SCOP (if applicable) with the offender, as described above. Obtain offender signature and date.
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Provide a copy of the NOC and SCOP to the offender.
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Forward the completed RPSRelease Program Study, NOC, and SCOP to Institutional Case Records.
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Parole Agent. Upon assignment of the case, immediately or with five business days following notification of imminent release complete the NOC and SCOP .
81010.15.4 Serving Offender With Notice of Conditions and Special Conditions of Parole Procedures
Revised February 10, 2022-
Parole Agent
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Print a copy of the NOC and Special Conditions of Parole (SCOP), if applicable, and review them with the offender. If necessary, use the DAPODivision of Adult Parole Operations (formerly P&CSD) approved translator service in a language the offender understands.
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Instruct the offender to initial and sign appropriate boxes in the NOC and SCOP.
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If the offender refuses to sign, write “refused to sign” and initial and date in place of the offender’s signature.
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rovide a copy of the NOC and SCOP to the offender.
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Document in the automated ROS any reasonable accommodations and modifications provided and effective communication methods used.
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81010.16 Removal or Revision of Special Conditions of Parole Policy
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The unit supervisor may remove or modify SCOP not imposed by BPHBoard of Parole Hearings (formerly Board of Prison Terms) or the court. The SCOP to participate in psychiatric treatment may not be removed without concurrence of Behavioral Health Reintegration (BHR) staff. A new NOC shall be completed anytime special conditions of parole are removed or modified.
81010.16.1 Removal or Revision of Special Conditions of Parole Procedures
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Parole Agent
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Conducts case conference with the unit supervisor to determine if NOC, SCOP, or both need to be revised, modified, or removed.
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Records, dates, and signs case conference decisions in the automated ROS.
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Prepares a new NOC and modified SCOP in SOMSStrategic Offender Management.
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After unit supervisor approval, serves offender with the new NOC and SCOP as described in section 81010.15.4.
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Unit Supervisor. Reviews and electronically signs the new NOC and modified SCOP in SOMSStrategic Offender Management.
81010.16.2 Revisions to Board of Parole Hearings‑Imposed Special Conditions of Parole
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Parole Agent (After Release to Parole). If the parole agent seeks to modify a special condition imposed by BPHBoard of Parole Hearings (formerly Board of Prison Terms), the agent completes the BPT Form 1135, Miscellaneous Decision, indicating recommended SCOP and reasons for recommendation and forwards to unit supervisor.
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Unit Supervisor
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Reviews BPT Form 1135 and signs if approved.
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(2)Electronically transmits the BPT Form 1135 to BPHBoard of Parole Hearings (formerly Board of Prison Terms).
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Parole Agent (After Board of Parole Hearings Decision). If needed, creates new NOC and SCOP in accordance with BPHBoard of Parole Hearings (formerly Board of Prison Terms)’s decision and serves offender.
81010.17 Offender Refusal to Sign Notice and Conditions of Parole Policy
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The parole agent shall request the offender sign the NOC and SCOP (if applicable). A California offender is not required to sign the NOC and SCOP in order for them to be in effect. If an offender supervised by DAPODivision of Adult Parole Operations (formerly P&CSD) under the terms of the Interstate Compact on Adult Offender Supervision refuses to sign the NOC and SCOP, this shall be considered behavior requiring retaking and reported to the sending state in accordance with DOMDepartment Operations Manual Chapter 8, Article 6, with a recommendation that the offender be returned to the sending state.
81010.17.1 California Offender Refusal to Sign Notice and Conditions of Parole Procedures
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Parole Agent
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Interviews offenders to determine why they refuse to sign.
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Attempts to resolve any dispute.
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If the offender continues to refuse to sign the NOC and SCOP, the parole agent shall advise the offender that the conditions are imposed regardless of signature.
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The parole agent shall write “REFUSED TO SIGN” in the offender’s signature box of the NOC and SCOP forms.
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Informs the unit supervisor of the refusal.
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Documents in the automated ROS any reasonable accommodations and modifications provided, and effective communication methods used.
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81010.17.2 Interstate Compact Offender Refusal to Sign Notice of Conditions and Special Conditions of Parole Procedures
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Parole Agent
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Interview offender to determine why the offender refuses to sign the NOC and SCOP (if applicable).
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Attempt to resolve the dispute.
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If the offender continues to refuse to sign the NOC and SCOP, report the violation to the sending state as behavior requiring retaking as described in Section 81060.10. The offender may be placed in custody on an interstate hold with unit supervisor approval. When submitting the violation report, the parole agent shall recommend that the sending state retake the offender.
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81010.18 Parole Agent’s Verbal and Written Instructions Policy
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A verbal instruction requiring or prohibiting specific behavior that will be in effect for five calendar days or more shall be confirmed in writing within five business days after notifying the offender. The parole agent shall ensure the offender understands the instructions, and shall document the instructions given in the automated ROS. If the verbal or written instruction is permanent, a new NOC and modified SCOP shall be served to the offender within five business days from the date of verbal instruction.
81010.19 Dual Referral Pre‑Parole Policy
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For offenders in CDCRCalifornia Department of Corrections and Rehabilitation institutions referred to out-of-state placement, the RPSRelease Program Study Offender Investigation in SOMSStrategic Offender Management shall be forwarded to both the appropriate parole region and the Interstate Compact Unit for investigation. Parole unit staff shall conduct the pre-release tasks in the same manner as other pre-parole referrals until notified by institution staff of acceptance by the receiving state. If the offender is not accepted for supervision by the receiving state prior to release on parole, the offender shall report to DAPODivision of Adult Parole Operations (formerly P&CSD) as instructed.
81010.20 Warrant Pending Pre‑Parole Policy
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For offenders with pending warrants, holds, or detainers the RPSRelease Program Study in SOMSStrategic Offender Management shall be forwarded to the appropriate parole region.
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Parole unit staff shall conduct the pre-release tasks in the same manner as other pre-parole referrals.
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If the warrant is exercised by a California agency or a federal agency (other than USICEUnited States Immigration and Customs Enforcement) upon the offender’s release and the offender is housed in custody in California, the assigned parole agent is responsible for monitoring case status and providing service in the same manner as other cases in local custody.
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If the warrant is exercised by an out-of-state agency or by a federal agency (other than USICEUnited States Immigration and Customs Enforcement) and the offender will be in custody outside California, the assigned parole agent shall monitor case status in the same manner as other cases in local custody.(e) If the warrant is exercised by an out-of-state agency or by a federal agency (otherthan USICEUnited States Immigration and Customs Enforcement) and the offender is released to a local agency pending extradition, the assigned parole agent is responsible for monitoring case status and providing services in the same manner as other cases in local custody.
81010.20.1 Offenders Paroled to Warrant Procedures
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Parole Agent
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Assures that length of parole, NOC, and SCOP, if applicable, for Determinate Sentence Law cases are included in the completed RPSRelease Program Study.
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Determines name, address, warrant number, and Also-Known-As (AKA), if applicable, of the offender for an agency taking custody out-of-state.
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Institution Staff
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Notifies parole agent, on or before the scheduled release date, if a warrant is not exercised (parole agent assumes responsibility for the case).
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Enters parole unit into SOMSStrategic Offender Management.
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81010.21 United States Immigration and Customs Enforcement Detainer Policy
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If known, SOMSStrategic Offender Management and the RPSRelease Program Study shall specify if an offender will be paroled to a USICEUnited States Immigration and Customs Enforcement hold. DAPODivision of Adult Parole Operations (formerly P&CSD) is responsible for monitoring case status both prior to completion of deportation proceedings and after deportation according to the following procedures:
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Each DAPODivision of Adult Parole Operations (formerly P&CSD) Region shall maintain a Regional ICE Unit.
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The Regional ICE Unit is the repository for field files for all offenders who are in the custody of ICE and/or pending deportation. The Regional ICE Unit shall also monitor deported parolees.
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A SCOP shall be imposed on all cases that have a USICEUnited States Immigration and Customs Enforcement detainer prior to release stating, “If deported you shall not re-enter the United States of America (USA) illegally.”
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81010.21.1 United States Immigration and Customs Enforcement Detainer Procedures
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When a parole agent becomes aware of an offender under their supervision is being held in USICEUnited States Immigration and Customs Enforcement custody, or has an active USICEUnited States Immigration and Customs Enforcement hold or detainer, they shall prepare that case for transfer to the respective Regional ICE Unit. The parole agent shall forward the reports and field file to the unit supervisor for approval. Once approved by the unit supervisor, the case shall be transferred to the respective Regional ICE Unit according to current DAPODivision of Adult Parole Operations (formerly P&CSD) policy. Information justifying the reason for the transfer to the Regional ICE Unit shall be entered into SOMSStrategic Offender Management.
81010.21.2 Regional Re‑Entry Unit Procedures
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If a USICEUnited States Immigration and Customs Enforcement hold or detainer exists when the case is sent by CTP staff to the Regional Re-Entry Unit, the Re-Entry Unit shall:
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Process the RPSRelease Program Study in accordance with current policy.
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Review all available records and databases for the active USICEUnited States Immigration and Customs Enforcement hold or detainer.
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In the “Assigned Parole Unit” box of the RPSRelease Program Study, the Re-Entry Screener shall note the Regional ICE Unit assignment. The assigned DAPODivision of Adult Parole Operations (formerly P&CSD) parole unit shall be written in parentheses next to the Regional ICE Unit.
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The parole units’ address and location shall reflect the assigned parole unit in the event the offender is released.
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The reporting instructions shall be report to the ODOfficer of the Day.
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Supervision level and reporting instructions shall be in accordance with current DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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The Regional ICE Unit shall make an assessment and recommendation as to the supervision level of the offender, regardless of the offender’s foreign national affiliation.
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The case shall be forwarded to the Regional ICE Unit. The parole unit assignment in SOMSStrategic Offender Management for all active Northern Region USICEUnited States Immigration and Customs Enforcement cases shall be INS1 and all active Southern Region cases shall be INS3.
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81010.21.3 Regional Immigration and Customs Enforcement Unit Supervision Procedures
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Upon receipt of field files from DAPODivision of Adult Parole Operations (formerly P&CSD) parole units or the Regional Re-Entry Unit, the Regional ICE Unit shall:
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Update SOMSStrategic Offender Management to reflect acceptance of the case transfer.
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The Regional ICE Unit supervisor shall review the field file(s) and assign to a PSAParole Services Associate.
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On the offender’s release date, or the following business day, the PSAParole Services Associate shall review SOMSStrategic Offender Management to verify whether or not the offender was released to the community or to another law enforcement agency. If the offender was released to a hold or detainer other than an USICEUnited States Immigration and Customs Enforcement hold or detainer, but still has an active USICEUnited States Immigration and Customs Enforcement hold or detainer, the PSAParole Services Associate shall keep the field file and monitor the case in accordance with DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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If the law enforcement agency releases the offender to the community with no pending USICEUnited States Immigration and Customs Enforcement hold or detainer, the PSAParole Services Associate shall prepare the field file for transfer to the respective parole unit identified on the RPSRelease Program Study.
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Prior to transfer, any Discharge Review Date or Controlling Discharge Date discrepancies shall be submitted to Parole Case Records for clarification prior to transferring the field file, but shall not delay transferring the field file to the appropriate parole unit.
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If the offender was released to the custody of USICEUnited States Immigration and Customs Enforcement, the PSAParole Services Associate shall determine the current custody location or deportation status. Upon verification that the offender is in USICEUnited States Immigration and Customs Enforcement custody, the case shall be designated “Pending Deportation” status in SOMSStrategic Offender Management.
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The PSAParole Services Associate shall verify a “Pending Deportation” parolee’s USICEUnited States Immigration and Customs Enforcement custody status each calendar month.
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81010.21.4 Regional Immigration and Customs Enforcement Unit Procedures for Deported Offenders
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Upon verification that the offender has been deported, the Parole Services Associate (PSAParole Services Associate) in the Regional Immigration and Customs Enforcement (ICE) Unit shall:
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Change the status in SOMSStrategic Offender Management to “Deported.”
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Continue to monitor the case according to current DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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When PVDTS shows that the discharge review is due:
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Obtain a Criminal Identification and Information (CI&ICriminal Identification and Information) Report not more than 45 days older than the due date of the discharge review and any documents verifying the offender’s deportation.
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Complete a discharge review on the automated, Discharge Review Report, in PVDTS.
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In the body of the Discharge Review Report, provide details that the offender was deported and recommend “Retain on Parole” or “Discharge Denied/No Action” for the offender.
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Upload proof of deportation into the PVDTS Discharge Review packet.
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Continue to supervise the case until discharged.
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When the Regional ICE Unit places a PCPenal Code 3056 hold, or becomes aware a hold has been placed on a United States Immigration and Customs Enforcement (USICEUnited States Immigration and Customs Enforcement) case, the PSAParole Services Associate shall initiate the automated Probable Cause Determination (PCD) in PVDTS. The completed PCD shall provide as much information as possible to include, but not limited to:
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Arresting agency;
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Agency case number;
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Custody location;
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Current charges; and
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Scheduled court date.
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The Regional ICE Unit supervisor shall review the PCD and electronically sign it in PVDTS. Upon approval of the PCD, the Regional ICE Unit PSAParole Services Associate shall:
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Contact the assigned parole unit’s supervisor or Parole Agent II (PAIIParole Agent II) Supervisor as indicated on the Release Program Study (RPSRelease Program Study), via electronic mail and inform them of the arrest, including all of the information listed above.
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Initiate transfer of the case in SOMSStrategic Offender Management to the assigned parole unit.
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Forward the PCD and field file to the assigned parole unit via overnight mail.
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81010.21.5 Regional Immigration and Customs Enforcement Unit Procedures for Offenders Released
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During monitoring of an offender that was being held in USICEUnited States Immigration and Customs Enforcement custody, if the PSAParole Services Associate discovers or is notified that the offender is pending release to the community, the PSAParole Services Associate shall contact the assigned parole unit via electronic mail and inform the unit supervisor or Parole Agent II (Supervisor) of the upcoming release date and notify the parole unit that the case is being transferred.
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If the PSAParole Services Associate discovers or is notified the offender was released from USICEUnited States Immigration and Customs Enforcement custody, the PSAParole Services Associate shall:
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If the offender has reported to the parole unit, initiate the transfer in SOMSStrategic Offender Management and forward the field file to the appropriate parole unit.
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If the offender has not reported to the parole unit, initiate the transfer in SOMSStrategic Offender Management to the appropriate parole unit, detailing the known circumstances of the release. The PSAParole Services Associate shall determine if the offender has a CSRA score of five, or if the offender is required to register pursuant to PCPenal Code 290 through 290.024. If either of those apply, the PSAParole Services Associate shall electronically mail the unit supervisor of the assigned parole unit and report the case factors along with any other pertinent information about the release.
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81010.21.6 Regional Immigration and Customs Enforcement Unit Procedures for Deported Offenders Who Return to the United States of America Illegally
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If the offender has not been arrested, enter comments into SOMSStrategic Offender Management detailing the case factors and discovery of the illegal re-entry.
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Determine if the offender has a CSRA score of five or if the offender is required to register pursuant to PCPenal Code 290 through 290.024. If either of those apply, the PSAParole Services Associate shall electronically mail the unit supervisor and Parole Agent II (Supervisor) of the assigned parole unit and report the case factors along with any other pertinent information about the offender’s release and/or arrest.
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Initiate the transfer in SOMSStrategic Offender Management to the appropriate parole unit and transfer the case to the parole unit via overnight mail.
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If the offender has been arrested, complete the PCD in PVDTS, detailing the known circumstances of the arrest, including case numbers and court dates. Transfer the field file to the parole unit via overnight mail after the unit supervisor approves and electronically signs the PCD.
81010.21.7 Parole Unit Responsibilities
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Upon receipt of a field file from the Regional ICE Unit, the case shall immediately be assigned to a parole agent. The case shall be supervised in accordance with DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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If the case was transferred to the parole unit due to the offender being released from USICEUnited States Immigration and Customs Enforcement custody, and the offender has not reported to the parole unit, the parole agent shall request a warrant for the offender’s arrest in accordance with DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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If the case was transferred to the parole unit after the offender’s arrest and the placement of a parole hold, the parole agent shall conduct a case conference with the unit supervisor or designee and determine the course of action for the violation in accordance with DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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If the case was transferred to the parole unit and the offender reported, the parole agent shall supervise the case in accordance with DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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If the offender is returned to USICEUnited States Immigration and Customs Enforcement custody, the case shall be transferred back to the Regional ICE Unit.
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If the offender reports prior to the parole unit’s receipt of the field file from the Regional ICE Unit, or prior to the case being assigned to a parole agent, the Officer-of-the-Day (ODOfficer of the Day) shall access CDCRCalifornia Department of Corrections and Rehabilitation databases to obtain necessary documents to begin the initial interview and update the NOC and modify the SCOP, if necessary. The ODOfficer of the Day shall also ensure that the offender is photographed according to current DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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81010.22 Release From Revocation Status Policy
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The superior court or BPHBoard of Parole Hearings (formerly Board of Prison Terms) may set a specific period of revocation time following a finding of good cause. The offender shall be released from custody on the day of completion of the revocation period. The parole agent shall assist the offender in readjusting to the community.
81010.22.1 Release From Revocation Status Procedures
Revised February 10, 2022-
Parole Agent
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Retain field file of offender serving a revocation period.
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Supervise offender as an active case when serving a revocation period in local custody in accordance with DAPODivision of Adult Parole Operations (formerly P&CSD) policy.
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If necessary, modify the SCOP to comply with applicable changes ordered by BPHBoard of Parole Hearings (formerly Board of Prison Terms), or the courts, or as a result of conduct or circumstances of the violation.
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Serve offender with new NOC and SCOP upon release from revocation.
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Monitor the case in local custody during the revocation period.
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81010.23 Revisions
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The DAPODivision of Adult Parole Operations (formerly P&CSD) Director or designee is responsible for ensuring this section is current and accurate.
References
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PCPenal Code §§ 136.1, 245, 261, 262, 273.5, 273.6, 286, 287, 288, 288.5, 289, 290 through 294, 295 et seq., 422, 422.6, 422.47, 422.55, 422.75, 594.3, 646.9, 646.92, 667.5, 1168, 1170, 1170.2, 1170.18, 1192.7, 2713.1, 2960, 3000, 3000.1, 3000.08, 3002, 3003, 3007.05, 3008, 3053.2, 3053.4, 3056, 3058.6, 3058.61, 3058.8, 3057(b), 3060.5, 3060.7, 3064, 3451, 4501, 11177.2, 11411, and 12022.53, 12022.7, and 12022.9.
VCVehicle Code § 23153
CCRCalifornia Code of Regulations (15) (2) §§ 2510, 2512, 2513, and 2515.
CCRCalifornia Code of Regulations (15) (3) §§ 3000, 3054.3, 3058.6, 3058.8, 3741 through 3748 People v. Lent (1975) 15 Cal.3d 481
Revision History
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Revised: February 24, 2017.
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Revised: January 14, 2020.
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Revised: February 10, 2022.