Chapter 8 – Adult Custody and Security Operations

The District Court Compliance Unit (DCCU) is comprised of Parole Agent IIs (Supervisors) and Parole Agent Is (Notice Agents and Court Agents). The DCCU staff are DAPODivision of Adult Parole Operations (formerly P&CSD)’s primary parole revocation and American with Disabilities Act (ADAAmericans with Disabilities Act) representatives to the Superior Courts, sheriff’s departments, district attorneys, Public Defenders, and CDCRCalifornia Department of Corrections and Rehabilitation staff.

The primary function of the Notice Agent is to serve a Notice of Charges on a parolee who is housed in a county jail following the placement of a parole hold by DAPODivision of Adult Parole Operations (formerly P&CSD) staff, notify the county jail staff of any reasonable accommodation(s) that may be needed on behalf of the parolee or Armstrong class member out-to-court inmate, meaning an inmate who is serving a prison term but who is being held in county jail for a court proceeding, and ensure that the notification is appropriately documented. All Notice Agents may be cross-trained to perform Notice Agent duties as well as Court Agent duties as operational and/or logistical needs dictate.

The primary function of the Court Agent is to represent DAPODivision of Adult Parole Operations (formerly P&CSD) when interacting with the local courts and jails, District Attorneys, Public Defenders, and other CDCRCalifornia Department of Corrections and Rehabilitation/DAPODivision of Adult Parole Operations (formerly P&CSD) staff during the revocation process. All Court Agents may be cross-trained to perform Court Agent duties as well as Notice Agent duties as operational and/or logistical needs dictate.

The Court Agent shall process all warrant requests, warrant recalls, and petitions for revocation with the court in a timely manner, adhering to legal time frames, and attend parole arraignments as dictated by the court’s local revocation process. CDCRCalifornia Department of Corrections and Rehabilitation must provide equal access to all parole proceedings for inmates/parolees with disabilities, consistent with the Americans with Disabilities Act (ADAAmericans with Disabilities Act), the Armstrong Remedial Plan, and court orders pertaining to parole proceedings.

The Notice Agent shall serve the Notice of Charges to parolees housed in county jails within three business days following the placement of the Penal Code (PCPenal Code) 3056 parole hold. Prior to serving the parolee with any document(s), the Notice Agent shall:

• Review the Disability and Effective Communication System (DECS), which is the database used by CDCRCalifornia Department of Corrections and Rehabilitation to track all offenders’ disabilities and accommodations, as well as the source documents contained in the field file or in the Electronic Records Management System to identify any disabilities and determine the need for effective communication(s) and/or reasonable accommodation(s) prior to serving the parolee with the Notice of Charges.

• The reviewing Notice Agent shall conduct the serve unless the parolee is out of the Notice Agent’s assigned parole district. If the parolee is out of the reviewing Notice Agent’s assigned geographic area, PVDTS will automatically notify the Notice Agent assigned to the geographic area where the parolee is located.

• DECS shall be reviewed by the Notice Agent responsible for conducting the serve regardless of the parolee’s location.

• Complete Section I of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271, Notice and Request for Assistance While in a County Jail utilizing the triplicate carbonless copy form.

• Provide any reasonable accommodation(s) during the serve of the Notice of Charges, if needed. Conduct a face-to-face interview with the parolee to ensure that effective communication(s) and/or reasonable accommodation(s) are established as follows:

• Allow the parolee to self-identify any disabilities or request assistance for effective communications, accommodations, medical appliances, equipment, housing, and healthcare.

• Have the parolee read out loud the statement in Section II of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 and articulate in his or her own words his or her understanding of his or her rights.

• If the parolee cannot read, the Notice Agent shall read and explain all of the documents and charges.

• Have the parolee write in his or her CDC number and sign and date Section II of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271.

• Explain the CDCRCalifornia Department of Corrections and Rehabilitation Form 2275-CJ, Request for Reasonable Modification or Accommodation for Access to Housing and/or Programs in a County Jail, and provide the form along with a pre-paid, pre-addressed reply envelope, to all Armstrong class members housed at county jails, and to any other parolees housed at a county jails who requests an accommodations related to a disability needs.

• Assist the parolee in completing the CDCRCalifornia Department of Corrections and Rehabilitation Form 2275-CJ and mailing the form, as needed.

• If the parolee’s ADAAmericans with Disabilities Act accommodations are not being met, advise and encourage the parolee to also use the county jail grievance process.

• Determine whether the parolee appears to understand or has difficulty understanding the proceedings and check the appropriate box in Section III of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271.

• Check the appropriate boxes in Section III of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 to identify any effective communication method(s) used.

• Note any relevant information in the “Additional Comments” in Section III of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271, such as discrepancies between observed disabilities and information in a source document or DECS.

• In the event that the parolee refuses to sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 or is unable to sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271, document “Parolee refused to sign” or “Parolee unable to sign” and any relevant information about the signature in the “Additional Comments” section.

• If the parolee requests an accommodation, or the Notice Agent identifies a need for an accommodation based on observations while conducting the serve, the Notice Agent shall immediately inform the county jail staff and document the notification in Section III of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271.

• The Notice Agent shall document the date and his or/ her name, title, and signature in Section III of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271.

• Provide the canary-colored copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 to the parolee.

The Notice Agent shall provide the Notice of Charges to the parolee, providing any reasonable accommodation(s) during the serve of the Notice of Charges, if needed. The Notice Agent shall briefly explain each of the charge(s) as listed on CDCRCalifornia Department of Corrections and Rehabilitation Form 1502-B, Probable Cause Determination, which is electronically generated in the Parole Violation Disposition Tracking System (PVDTS), and provide a copy of the form to the parolee. The CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 shall be used for both in-custody and not-in-custody serves conducted by the Notice Agent.

Following the completion of the Notice of Charges, the Notice Agent shall:

• Access DECS through PVDTS and update the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 in DECS with all of the information that was obtained from the face-to-face meeting with the parolee and documented on the paper copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2271.

• Enter the results of the Notice of Charges service into PVDTS.

• Scan the signed CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 into PVDTS.

• Return the completed Notice of Charges packet, which consists of CDCRCalifornia Department of Corrections and Rehabilitation Form 2271 and CDCRCalifornia Department of Corrections and Rehabilitation Form 1502-B, to the unit supervisor for placement into the field file.

The CDCRCalifornia Department of Corrections and Rehabilitation Form 2017, Notice Agent Advance Serve Log shall be completed to ensure that reasonable efforts are made to serve parolees in accordance with DOMDepartment Operations Manual Section 84020.2. The CDCRCalifornia Department of Corrections and Rehabilitation Form 2017 shall list all parolees whose CDCRCalifornia Department of Corrections and Rehabilitation Form 1502-B has been completed and is ready for an attempted serve. Every working day, a Notice Agent conducting serves on parolees and out-to-court Armstrong class members shall submit the CDCRCalifornia Department of Corrections and Rehabilitation Form 2017 to the unit supervisor via electronic mail prior to leaving the parole unit for the locations where offenders will be served. Each Notice Agent shall review PVDTS every working day for offenders requiring service of the Notice of Charges when compiling the CDCRCalifornia Department of Corrections and Rehabilitation Form 2017. Each Notice Agent shall also review his or her electronic mail for the “Daily Delivery Report” (see DOMDepartment Operations Manual Section 84020.2.3) and for notifications from the unit supervisor regarding any out-to-court Armstrong class members in local custody.

After the Notice Agent has completed the serves and attempted serves for the working day, the Notice Agent shall update the CDCRCalifornia Department of Corrections and Rehabilitation Form 2017 and shall:

• Enter the date of each completed serve and attempted serve in the appropriate boxes for each parolee.

• Enter an “X” on the line next to “Completed Serves For” and enter the date on the line provided to indicate the serves that were completed and/or attempted on that date.

• Place all parolees who remain in custody after a parole hold on each day’s log until the service of the Notice of Charges process is completed.

• Save the file name of the CDCRCalifornia Department of Corrections and Rehabilitation Form 2017 as “Completed Serve Log” when the completed and attempted serve dates have been entered.

• Submit the “Completed Service Log” to the unit supervisor via electronic mail.

• Track the information entered into the CDCRCalifornia Department of Corrections and Rehabilitation Form 2017 daily, ensuring that parolees pending service are transferred to subsequent spreadsheets until the parolee is served in the county of custody or until the parolee is transported back to the county of supervision.

• Enter parolees returned to California from another state in the designated section of the electronic Advance Serve Log.

If a Notice Agent’s working day ends in the field, the “Completed Serve Log” shall be submitted to the unit supervisor via electronic mail on the following working day prior to the Notice Agent leaving the parole unit to conduct any serves. Any cases that require a second or third attempt to serve shall be transferred from the prior day’s “Completed Serve Log” onto the current day’s CDCRCalifornia Department of Corrections and Rehabilitation Form 2017.

Unit Supervisor

• After all Notice Agents in a DCCU have submitted the CDCRCalifornia Department of Corrections and Rehabilitation Form 2017 to the unit supervisor, the unit supervisor shall reconcile the logs with PVDTS to ensure that no cases have been overlooked within the assigned district.

Every unit supervisor and Notice Agent in the DCCU shall review the Daily Delivery Report, which is completed by the Transportation Unit, Extradition Bureau. The Daily Delivery report contains the names and CDC numbers of all of the offenders who have been extradited back to California.

When the Daily Delivery Report indicates that a parolee has been extradited back to California and is in local custody, the Notice Agent shall:

• Attempt to serve the parolee within three business days of the parolee’s return to California.

• Record the completed serve or attempt(s) to serve as described in DOMDepartment Operations Manual Section 84020.2.1.

Filing a Petition for Revocation

• When the Court Agent receives the revocation packet (see DOMDepartment Operations Manual Section 84010.3.2) from the Administrative Review Officer via PVDTS to be submitted to the local court for adjudication, the Court Agent shall:

  • Review the revocation packet for completeness and compliance with DOMDepartment Operations Manual, Chapter 8, Article 26.

  • Provide the revocation packet to the local court via electronic filing. If the court does not have electronic filing capability, the packet shall be hand-delivered to the court clerk by 12:00 p.m. on the designated date as indicated in PVDTS.

• The revocation packet that is submitted to the court shall include the following non-confidential documents:

  • Judicial Council of California (JCC) Form CR-300, Petition for Revocation.

  • CDCRCalifornia Department of Corrections and Rehabilitation Form 1676, Parole Violation Report.

  • CDCRCalifornia Department of Corrections and Rehabilitation Form 1521-B, Criminal History.

  • CDCRCalifornia Department of Corrections and Rehabilitation Form 1244, Parole Violation History.

  • CDCRCalifornia Department of Corrections and Rehabilitation Form 1515, Notice and Conditions of Parole.

  • CDCRCalifornia Department of Corrections and Rehabilitation Form 1515-Addendum, Special Conditions of Parole (if applicable).

  • Ensure that both the District Attorney and the Public Defender are notified via electronic mail that the revocation packet is electronically available in the District Attorney/Public Defender PVDTS packet.

• In addition to the non-confidential documents contained in the revocation packet that is submitted to the court, the following confidential documents shall be included in the revocation packet that is submitted to the District Attorney and the Public Defender:

  • CDCRCalifornia Department of Corrections and Rehabilitation Form 2271, Notice and Request for Assistance While in a County Jail.

  • Any other supporting evidence and/or evidentiary documents.

  • If the District Attorney and/or the Public Defender do not have electronic mail capability, the packet should be hand delivered to the District Attorney and/or the Public Defender by 4 p.m. of the “no later than” the designated date as indicated in PVDTS.

  • Obtain and enter the date, time, and location of the court hearing on the JCC Form CR-300, and scan or upload the form into the PVDTS “Initial” packet.

  • Retain one additional copy of the JCC Form CR-300 with the hearing information included and forward the form with the hearing information included to the unit supervisor for placement in the field file.

  • Track and make PVDTS entries of court proceedings including, but not limited to, court dates, case dispositions, and special instructions by the court.

  • Obtain the Minute Order or similar judicial document reflecting the court’s disposition. Scan or upload the document into PVDTS and forward it to the unit supervisor for updating of the appropriate database and placement in the field file.

  • Contact the Board of Parole Hearings Special Processing Unit via electronic mail at BPH_Executive_Analysis_Unit_Group@cdcr.ca.gov, and provide the results of any good cause findings or criminal proceedings impacting a parolee pursuant to PCPenal Code Section 3000.1.

The sole authority to issue a warrant for any parolee rests with the court for the county having jurisdiction. After the Notice Agent/Court Agent receives notification from the unit supervisor that the JCC Form CR-301, Warrant Request and Order is available in PVDTS and is ready to be submitted to the court, the Notice Agent/Court Agent shall:

• File the JCC Form CR-301 with the court for review and signature by the judicial officer. If the warrant has already been entered into the California Law Enforcement Telecommunications System (CLETSCalifornia Law Enforcement Telecommunications System) by the county, write “Warrant Entered in CLETSCalifornia Law Enforcement Telecommunications System” across the top of the completed JCC Form CR-301.

• Scan or upload the signed JCC Form CR-301 into PVDTS.

• Provide a copy of the JCC Form CR-301 to the unit supervisor or designee for processing.

• If the warrant request is denied by the judicial officer, return the JCC Form CR-301 to the unit supervisor or designee for processing.

Upon receiving a JCC Form CR-302, Request and Order to Recall Warrant signed by the unit supervisor, the Court Agent shall:

• File the JCC Form CR-302 with the court for the county having jurisdiction.

• Obtain the signed copy of the JCC Form CR-302 and the Minute Order containing the judicial officer’s approval, and forward them to the unit supervisor or designee for processing.

• By close of the next business day following the judicial officer’s approval, scan the signed JCC Form CR-302 into PVDTS, which will transmit and electronically send a copy of the form to Parole Case Records and the Warrant Unit.

If the judicial officer elects not to sign JCC Form CR-302 to recall a warrant or reinstate parole supervision, the Court Agent shall:

• Complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 2259, No Court Action Daily Log.

• Forward the CDCRCalifornia Department of Corrections and Rehabilitation Form 2259 and the JCC Form CR-302 to the Court Agent’s supervisor.

District Court Compliance Parole Agent II (Supervisor) if the Court Takes No Action

• In the event there is no court action, the District Court Compliance Parole Agent II (Supervisor) shall review the JCC Form CR-302 and then do the following:

  • Write across the form: “No court action, recall warrant and reinstate, no time tolled.”

  • Print his or her name on the form, and sign and date the form.

  • Scan and upload the JCC Form CR-302 into PVDTS, which will transmit an electronic copy of the form to the Warrant Unit and Parole Case Records.

The DAPODivision of Adult Parole Operations (formerly P&CSD) Director or designee shall ensure that this article is current and accurate.

Armstrong v. Brown Court Ordered Remedial Plan II, dated December 1, 2010.

Armstrong v. Brown, U.S.D.C. (N.D. Cal.), Case No. C 94-2307 CW; 2012 WL 1222928.

PCPenal Code §§ 1168, 1170, 1203.2, 2962, 3000(b)(4), 3000.08, 3000.1, 3015, 3056, 3057, 3060.7, 4019(a)(5), 5054, and 5058.

United States Code, Title 42 § Section 12102.