Chapter 8 – Adult Custody and Security Operations

Parolees who have absconded from parole supervision pose a risk to the community; therefore, it is incumbent upon the parole agent to maintain contact with parolees in accordance with DOMDepartment Operations Manual, Chapter 8, Article 2. If the parole agent finds probable cause that a parolee is unavailable for supervision and cannot be located, and all reasonable efforts to locate him or her have been exhausted, the parole agent shall submit the request to the unit supervisor no later than one working day.

If exigent circumstances are present, the parole agent shall request that a warrant be issued by the court. Exigent circumstances include, but are not limited to: serious and/or repetitive violations of the conditions of parole; committing a new offense; a risk to public safety that is posed by the offender’s continued presence in the community; or a parolee who engages in and/or has exhibited behavior where there is reason to believe that he or she is a danger to himself or herself or that he or she poses a significant danger to persons within the community.

Warrants shall be requested from the superior court in the county in which the parolee is being supervised. Interstate Compact cases that are being supervised in California on behalf of other states and jurisdictions are excluded from this policy and warrant requests for these cases shall be processed in accordance with DOMDepartment Operations Manual, Chapter 8, Article 6.

Pursuant to Penal Code (PCPenal Code) Section 3060.7 and CCRCalifornia Code of Regulations Section 3504.1, a warrant shall be requested within 24 hours of a parolee’s failure to report to DAPODivision of Adult Parole Operations (formerly P&CSD) upon the parolee’s release from custody if the parolee has a California Static Risk Assessment score of five or if the parolee is required to register pursuant to PCPenal Code Section 290.

When a parole agent determines that a parolee’s behavior requires a warrant request, the following lines of responsibility shall apply:

• Parole Agent

  • Document all due diligence efforts to locate the parolee on the electronic Record of Supervision.

  • Conduct a case conference with the unit supervisor to determine the need to request the warrant from the court magistrate document the results of the case conference on the electronic Record of Supervision.

  • Initiate a case in the Parole Violation Disposition Tracking System (PVDTS), and select “Warrant Request/Parolee At Large” as the initiation type.

  • Identify the parolee’s California Static Risk Assessment (CSRA) score.

  • Identify if the parolee was resentenced pursuant to PCPenal Code Section 1170.18(d).

  • For such a parolee, review the field file and the parolee’s profile in the Electronic Records Management System to determine if there are non-controlling cases or special enhancements that will allow DAPODivision of Adult Parole Operations (formerly P&CSD) to retain jurisdiction beyond the MMP parole term. If so, ensure that the case numbers are listed on the Judicial Council of California (JCC) Form CR-301, Warrant Request and Order.

  • Initiate the case in PVDTS and select “Warrant Request/Parolee at Large” as the case type.

  • Complete the JCC Form CR-301 and the JCC Form MC-031, Attached Declaration within PVDTS, thoroughly documenting all evidence of absconding and of efforts taken to locate the parolee for consideration by the court magistrate; the JCC Form MC-031 is not needed if the parole agent can thoroughly document this information on the JCC Form CR-301.

  • If PVDTS or the Strategic Offender Management System (SOMSStrategic Offender Management) are not functioning, the forms may be completed manually and shall be available on the CDCRCalifornia Department of Corrections and Rehabilitation Intranet website.

  • Under the “Warrant Request” heading on the JCC Form CR-301, check the “Other” box and type “Recommend no bail warrant.”

  • Check the appropriate boxes for the Wanted Persons System (WPSWanted Persons System) and/or National Crime Information Center system.

  • Sign and submit the JCC Form CR-301 and the JCC Form MC-031 (if needed) to the unit supervisor for review, approval, and processing.

  • Document the submission of the request for the warrant on the electronic Record of Supervision.

  • If the warrant request is approved by the court, supervise the parolee according to DOMDepartment Operations Manual, Chapter 8, Article 2. Arrests shall be made in accordance with DOMDepartment Operations Manual, Chapter 8, Article 3.

  • If the warrant request is denied by the court, provide the JCC Form CR-301 to the unit supervisor and document the denial on the electronic Record of Supervision. If the circumstances for seeking the warrant remain, address the reason for denial and resubmit the request to the court for reconsideration.

• Unit Supervisor

  • Conduct a case conference with the parole agent to determine the need to request the warrant from the court magistrate.

  • Review the warrant request and complete the CDCRCalifornia Department of Corrections and Rehabilitation Form 2207, Warrant Investigation Checklist. If an action listed on the form to be completed by the investigating parole agent is waived by the unit supervisor, enter the reason the action was waived in the “Comments” section.

  • Place the offender into pending warrant status using the “Pending Warrant” Supervision Event in the Strategic Offender Management System (SOMSStrategic Offender Management).

  • If additional investigation is necessary, complete a CDCRCalifornia Department of Corrections and Rehabilitation Form 2207, indicating additional efforts required by the parole agent, and provide a copy of the form to the parole agent.

  • If the warrant request is appropriate, approve, sign, and forward the JCC Form CR-301, CDCRCalifornia Department of Corrections and Rehabilitation Form 2207 and all attachments, if any, to the Notice Agent/Court Agent for processing.

  • If the warrant request is approved by the court:

  • Check the California Law Enforcement Telecommunications System (CLETSCalifornia Law Enforcement Telecommunications System), WPSWanted Persons System screen to confirm the status of the warrant and obtain the warrant number.

  • Ensure that the JCC Form CR-301 is scanned into PVDTS to obtain a warrant number, if the county did not provide one, and to automatically transfer the record to the Warrant Unit and Parole Case Records (PCR).

  • If PVDTS is not functioning, forward a copy of the signed JCC Form CR-301 to the Warrant Unit and PCR via fax or electronic mail by the next business day following the approval of the warrant request.

  • If the warrant request is not approved by the court, conduct a case conference with the parole agent to address the reason for denial.

When a parole agent determines that a parolee’s behavior requires an immediate warrant request that cannot be delayed until the next business day, the following lines of responsibility shall apply:

• Parole Agent

  • In order to request an after-hours warrant, the parole agent shall:

    • Gather all necessary information regarding the violation/incident that requires immediate action.

    • Contact the unit supervisor and provide the circumstances of the violation/incident and the justification for requesting an after-hours warrant via a case conference.

    • If unable to contact the unit supervisor, contact the Administrative Officer of the Day (AODAdministrative Officer of the Day) via the Warrant Unit and apprise the AODAdministrative Officer of the Day of the circumstances and the need for an after-hours warrant via a case conference.

    • Document the results of the case conference on the electronic Record of Supervision.

    • If approval is obtained from the unit supervisor or the AODAdministrative Officer of the Day pursuant to this section, process the warrant request on the JCC Form CR-301. If approval is not obtained from the unit supervisor or the AODAdministrative Officer of the Day, the parole agent shall follow the process outlined later in this section.

    • Having been instructed by the AODAdministrative Officer of the Day to contact the Warrant Unit for local after-hours procedures, follow the Warrant Unit instructions and wait to be connected to the county on-call judge or magistrate in the county having jurisdiction over the warrant process. In the event that the parole agent is unable to make contact with a local on-call judge or magistrate for after-hours warrant approval, or if the county with jurisdiction to issue the warrant does not have an after-hours warrant request process, the parole agent shall attempt to obtain a warrant for the arrest of the parolee on the next business day pursuant to the process described in DOMDepartment Operations Manual Section 84030.1.1 for obtaining a warrant during normal business hours.

    • If the local on-call judge or magistrate provides verbal authorization to issue the warrant, provide the Warrant Unit staff with the following information:

    • Name and title of the unit supervisor or AODAdministrative Officer of the Day who approved the after-hours warrant request.

    • Name of local on-call judge or court magistrate who gave verbal authorization.

    • Parolee’s CDC number.

    • Type of warrant (California-only or NCICNational Crime Information Center).

    • Cautions and/or warnings.

    • Parolee’s last known address.

    • If the local on-call judge or magistrate provides verbal authorization to issue the warrant, document the name of the on-call judge or magistrate who authorized the after-hours warrant on the JCC Form CR-301. On the business day following the request for the after-hours warrant, follow the process outlined later in this section.

    • If local court procedures require the on-call judge to sign the JCC Form CR-301 after-hours, provide a copy of the signed JCC Form CR-301 and all attachments to the Warrant Unit and local county warrant unit, if the county enters the warrant in CLETSCalifornia Law Enforcement Telecommunications System.

    • Scan the JCC Form CR-301 into PVDTS to obtain a warrant number, if the county did not provide one, and to automatically transfer the record to the Warrant Unit and PCR.

  • On the business day following the request for the after-hours warrant, the parole agent shall:

    • If the parole agent was able to secure the after-hours warrant, he or she shall provide the JCC Form CR-301 and all attachments to the unit supervisor for processing in accordance with the process described in DOMDepartment Operations Manual Section 84030.1.1 for obtaining a warrant during normal business hours.

    • If the parole agent was unable to secure the after-hours warrant, and the circumstances necessitating the request still exist, he or she shall process the JCC Form CR-301 and all attachments in accordance with the process described in DOMDepartment Operations Manual Section 84030.1.1 for obtaining a warrant during normal business hours.

• Unit Supervisor

  • Once contacted by the parole agent regarding the need to request an after-hours warrant, the unit supervisor shall conduct a case conference with the parole agent, determine if an after-hours warrant is necessary, and instruct the parole agent to proceed with a warrant request through the Warrant Unit.

  • On the business day following the request for an after-hours warrant, the unit supervisor shall:

    • Ensure that the parole agent completed the JCC Form CR-301 and the JCC Form MC-031 (if needed).

    • Upon receiving the approved warrant from the court magistrate, ensure that SOMSStrategic Offender Management is updated with the suspend date.

    • Check the CLETSCalifornia Law Enforcement Telecommunications System, WPSWanted Persons System screen to confirm the status of the warrant and obtain the warrant number.

    • Open the case in PVDTS and enter the warrant number.

    • Ensure that the JCC Form CR-301 is scanned into PVDTS to obtain a warrant number, if the county did not provide one, and to automatically transfer the record to the Warrant Unit and PCR.

    • If PVDTS is not functioning, forward a copy of the signed JCC Form CR-301 (with the warrant number) to the Warrant Unit and PCR via fax or electronic mail by the next business day.

  • In the event that the parole agent is unable to make contact with a local on-call judge or magistrate for after-hours warrant approval, or if the county with jurisdiction to issue the warrant does not have an after-hours warrant request process, ensure that the parole agent attempts to obtain a warrant for the arrest of the parolee on the next business day.

• Administrative Officer of the Day

  • Once contacted by a parole agent regarding the need to request an after-hours warrant, the AODAdministrative Officer of the Day shall:

    • Determine if the warrant request is appropriate.

    • If the warrant request is appropriate, instruct the parole agent to contact the Warrant Unit for local after-hours procedures. Follow up the next business day with the appropriate unit supervisor regarding any action taken by himself or herself by completing the CDCRCalifornia Department of Corrections and Rehabilitation Form 1698, Administrative Officer of the Day Record of Contact, and submitting it to the unit supervisor.

    • If the warrant request is not appropriate, inform the parole agent making the request.

When a unit supervisor or Notice Agent/Court Agent uploads a signed JCC Form CR-301 into PVDTS, PVDTS will automatically notify Warrant Unit staff. Warrant Unit staff shall:

• For after-hours warrants with a verbal authorization from a local on-call judge or magistrate:

• Enter the information provided by the parole agent on the CDCRCalifornia Department of Corrections and Rehabilitation Form 2274, After-Hours Warrant Tracking Form.

• Enter the warrant information into CLETSCalifornia Law Enforcement Telecommunications System.

• Upon receiving notice of the cancellation of a warrant, enter the abstract of the warrant into CLETSCalifornia Law Enforcement Telecommunications System as a hold only.

• Maintain the DAPODivision of Adult Parole Operations (formerly P&CSD) After-Hours County Warrant Request Log for all after-hours warrant requests.

When the “Pending Warrant” Supervision Event is entered in SOMSStrategic Offender Management by the unit supervisor, SOMSStrategic Offender Management will trigger an alert in the corresponding parolee record in the Law Enforcement Automated Data System (LEADS). The intent is to advise law enforcement that a warrant has been submitted for the parolee and is awaiting approval by the county court. Under the “Parole Status Notification” heading, an advisement will appear that states, “Warrant is pending for this parolee, please use caution. Call IDInstitutions Division (see DAI) Warrants at (916) 445-6713.” Upon being contacted by law enforcement, Warrant Unit staff shall contact the parole agent, unit supervisor, or AODAdministrative Officer of the Day to request a parole hold and forward the authorization to the arresting officer to place the offender into custody on a parole hold.

Sex offenders who are supervised by DAPODivision of Adult Parole Operations (formerly P&CSD) who remove or disable their Global Positioning System (GPSGlobal Positioning System) monitors or who fail to report to DAPODivision of Adult Parole Operations (formerly P&CSD) upon release from custody pose a threat to public safety. CDCRCalifornia Department of Corrections and Rehabilitation must take additional steps to mitigate that threat through enhanced public and law enforcement notifications. These notifications are made via the CDCRCalifornia Department of Corrections and Rehabilitation Internet website and LEADS.

Upon receipt of a signed JCC Form CR-301, if the warrant was issued as a result of the sex offender parolee’s removal or disabling of the GPSGlobal Positioning System monitor or the sex offender parolee’s failure to report to DAPODivision of Adult Parole Operations (formerly P&CSD) upon release from custody, the unit supervisor shall:

• Enter the “GPSGlobal Positioning System Interrupted (notify Web Site)” Supervision Event in SOMSStrategic Offender Management.

• Verify that the SOMSStrategic Offender Management Legal Status Summary screen shows the “Registration Required-Sex Offender (PC290)” legal mandate with “Required” status. If the “Registration Required-Sex Offender (PC290)” legal mandate does not appear, notify PCR.

For a parolee who is required to register as a sex offender, after the “GPSGlobal Positioning System Interrupted (notify Web Site)” Supervision Event is entered and after Warrant Unit staff enter the warrant in SOMSStrategic Offender Management, SOMSStrategic Offender Management will automatically create a listing for the sex offender parolee at large on the CDCRCalifornia Department of Corrections and Rehabilitation Internet website.

The court that issued the warrant has the sole authority to cancel the warrant. The JCC Form CR-302, Request and Order to Recall Warrant is the primary judicial court document that DAPODivision of Adult Parole Operations (formerly P&CSD) staff shall utilize for recalling a warrant and reinstating a parolee on parole supervision; however, in some courts throughout the State, the JCC Form CR-302 may not be accepted. Should the JCC Form CR-302 not be accepted, the Minute Order that orders the warrant to be recalled and the parolee to be reinstated on parole supervision shall be utilized in lieu of the form. This process shall remain the same for warrants issued either by the Board of Parole Hearings or the court.

Upon the discovery that a parolee with an active warrant has been arrested, or in instances where the parolee has been located and the unit supervisor has made the determination to cancel the warrant, the unit supervisor shall ensure that the completed JCC Form CR-302 is forwarded to the Notice Agent/Court Agent in accordance with local procedures to petition the court magistrate, for warrant cancellation. The JCC Form CR-302 shall be submitted in accordance with DOMDepartment Operations Manual Section 84030.3.1 through 84030.3.6, depending on the circumstances causing the need for cancellation of the warrant.

Following the parolee’s arrest, or if the parolee is brought back into compliance with the terms of parole supervision and the decision is made by the unit supervisor not to charge the parolee with absconding, the parole agent shall:

Complete the JCC Form CR-302, and under the heading of “Request for Recall of Warrant,” check the box that states, “The supervised person has been located and is currently in compliance with the terms of supervision.”

Check the box that states, “Other (specify),” and note the request to have the absconding charge dismissed.

Check the box that states, “The supervising agency also requests that supervision be reinstated.” Note: In this circumstance, the time shall not be tolled and the charge shall be dismissed and removed from PVDTS.

Following the parolee’s being brought back into compliance with the terms of parole supervision and the decision by the unit supervisor to have parole supervision be reinstated with the time tolled, the parole agent shall:

Complete the JCC Form CR-302, and under the heading “Request for Recall of Warrant,” check the box that states, “The supervised person has been located and is currently in compliance with the terms of supervision.”

Check the box that states, “Other (specify),” and note the request to have the time tolled, including the date of suspend action and the date of reinstatement. Include, “The supervising agency declines to petition the court for a formal revocation because the supervising agency has determined that an intermediate sanction without court involvement is an appropriate response to the alleged violation.”

Check the box that states, “The supervising agency also requests that supervision be reinstated.”

Following the parolee’s arrest and the decision by the unit supervisor to have parole supervision be reinstated with the time tolled, the parole agent shall:

Complete the JCC Form CR-302, and under the heading “Request for Recall of Warrant,” check the box that states: “The supervised person has been arrested. The supervising agency declines to petition the court for a formal revocation because the supervising agency has determined that an intermediate sanction without court involvement is an appropriate response to the alleged violation.”

Check the box that states, “Other (specify),” and note the request to have the time tolled, including the date of suspend action and the date of arrest or reinstatement. Be sure to note “Release PCPenal Code 3056/PCPenal Code 3000.08 hold and release from custody.” Many jails will not release the parolee if this language is not included.

Check the box that states, “The supervising agency also requests that supervision be reinstated.”

Following the parolee’s arrest, if the case is being deferred because the District Attorney has filed criminal charges or a motion to revoke parole, the parole agent shall:

Complete the JCC Form CR-302, and under the heading “Request for Recall of Warrant,” check the box that states, “Other (specify),” and note the request to have the time tolled, including the date of suspend action and date of arrest.

Check the box that states, “The supervising agency also requests that supervision be reinstated.”

Following the parolee’s arrest in a county that does not have jurisdiction to adjudicate the petition for revocation, and the parolee is being released from custody, the parole agent shall:

Conduct a case conference with the unit supervisor.

If it is determined during the case conference that remedial sanctions will be utilized, complete the JCC Form CR-302.

If it is determined during the case conference that an out-of-custody petition for revocation is to be filed, do not complete the JCC Form CR-302. The parole agent shall complete the revocation packet (see DOMDepartment Operations Manual Section 84010.3.2).

Following the parolee’s arrest and the decision by the unit supervisor to petition the court for parole revocation, the JCC Form CR-300, Petition for Revocation, shall be the document used to petition the court for revocation. The parole agent shall:

If the parolee is arrested in California, complete the JCC Form CR-300, Petition for Revocation, including all attachments, in accordance with DOMDepartment Operations Manual, Chapter 8, Article 26. The filing of the petition for revocation will cancel the warrant.

If the parolee is arrested out-of-state, once the offender is extradited to the county of supervision, complete JCC Form CR-300. The warrant must remain active while the parolee is out-of-state to function as the detainer for that parolee.

Parole Agent

• Access the case in PVDTS. If the case does not appear in the “Open” section, access the case in the PVDTS “Idle” section and select the reason for activating the case from the dropdown menu. Note that when a parolee at large is arrested for an absconding warrant, PVDTS will automatically activate the case and the case will appear in the “Open” section.

• Generate the JCC Form CR-302 within PVDTS utilizing the following steps:

• Open the case in PVDTS.

• Select the “Warrant Requests/Tracking” option.

• Select the “Cancel” option for the warrant.

• Complete the remaining fields as required in PVDTS.

• Submit the completed JCC Form CR-302 to the unit supervisor.

Unit Supervisor

• Review and, if appropriate, approve, sign, and forward the JCC Form CR-302 to the Notice Agent/Court Agent for submittal to the court magistrate.

• Ensure that the signed JCC Form CR-302 (or Minute Order to recall warrant) is scanned into PVDTS.

• Ensure that a copy of the JCC Form CR-302 signed by court magistrate is forwarded to the Warrant Unit and PCR via fax or electronic mail by the close of the next business day after the JCC Form 302 is signed by the court magistrate.

A parolee is considered to have absconded from parole supervision anytime he or she leaves California without permission or does not return to California on the date specified on a travel permit issued by DAPODivision of Adult Parole Operations (formerly P&CSD). A California parole hold cannot be issued to arrest or detain a parolee until the court issues a warrant and orders the parolee returned to California for further court revocation proceedings.

When the parole agent becomes aware of a parolee meeting the above criteria, the parole agent shall:

• Complete the JCC Form CR-301, checking the “Other” box under the “Warrant Request” heading and noting “Out of State Detainer Request, Issue Code 2 Warrant as Detainer Only, Return to California for further proceedings.”

• List the name of the arresting agency and the jail facility where the parolee is being held.

• Request the warrant through the appropriate process as described in this article.

Upon receipt of the signed JCC Form CR-301, the unit supervisor shall ensure that a copy of the form is scanned into PVDTS and faxed to the Extradition Unit.

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

PCPenal Code §§ 3000.08, 3057, and 3060.7.

CCRCalifornia Code of Regulations (15) (2) § 2637(7).