reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 7 - Parole Searches › Section 3604 - Prerelease Referral. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 5-27-93; operative 6-28-93 (Register 93, No. 22).
2. Change without
						regulatory effect renumbering former section
						3604 to new section
						3502 filed 7-30-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 31).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 8 - Financial Assistance › Section 3605 - FInancial Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Financial
					 assistance funds may be loaned to qualified parolees/releasees or dischargees as
					 described in (b), below.
(b) When a
					 request for financial assistance is received, the parole agent shall determine if
					 the requestor needs the assistance and whether other resources are available to meet
					 the need.
(c) If assistance is deemed
					 necessary and not available from other sources, the parole agent shall obtain both
					 of the following:
(1) The unit supervisor's
					 approval for any loan.
(2) The signature
					 of the requestor on CDC Form 910C (Rev 
					 11/96 ), Bank
					 Draft Stock Register, which is incorporated by reference, before releasing the loan
					 funds.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 8 - Financial Assistance › Section 3605.5 - Release from Revocation or Limited Placement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 5-27-93; operative 6-28-93 (Register 93, No. 22).
2. Change without
						regulatory effect renumbering former section
						3605.5 to new section
						3740 filed 7-30-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 31).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 9 - Parole Outpatient Clinic › Section 3610 - Parole Outpatient Clinic Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parole
					 outpatient clinics (POC) have been established to provide mental health assessments
					 and outpatient mental health treatment, if needed, to parolees.
(b) At any time during the period of parole, the
					 parole agent of record may refer a parolee to a POC for a screening evaluation to
					 determine the need for a full mental health assessment.
(c) POC clinical staff shall provide a mental
					 health assessment for each referred parolee to determine if there is a need for
					 transitional or sustained therapeutic intervention on an outpatient basis. If
					 therapy is deemed necessary, the parolee shall be assigned to attend a POC for
					 mental health treatment. Treatment services may be supplemented by interagency
					 agreements/contracts with other state and county agencies. All records of mental
					 health diagnosis, evaluation and treatment shall be considered confidential in
					 accordance with subsection
					 3361(c).
(d) The parole agent of record shall impose a
					 special condition of parole to participate in a POC on all parolees assigned by
					 clinical staff to attend POC for treatment.
(e) A parolee upon whom a special condition of
					 parole to attend a POC is imposed and who is absent without being excused by their
					 parole agent of record or the POC clinician, or whose stated reasons for absence are
					 later determined by the parole agent of record to be false, shall be considered in
					 violation of their parole conditions.
(f) Mandatory referral to a POC for a mental
					 health assessment shall be made by the parole agent of record for the following:
(1) Inmates who are in a mental health treatment
					 program at the time of the prerelease case referral as described in section
					 3502. To provide continuity of care, a
					 POC referral appointment shall occur as soon as possible but not more than 30 days
					 after release to parole.
(2) Parolees
					 whose offense history, institutional history, social history, or behavior in the
					 community, past or present, indicate that a mental health assessment may be of
					 assistance in successful reintegration to the community.
(3) Violent offenders, as designated in Penal Code
					 (PC) section 667.5(c), and sex
					 offenders as designated in PC section
					 290, for whom a mental disorder may
					 have been a contributing factor to their commitment offense.
(4) Parolees exhibiting observable symptoms of a
					 mental disorder while under supervision in the community.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 10 - Urinalysis Testing Program › Section 3620 - Urinalysis Testing Program Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All parolees may be subject to Urinalysis (UA) Testing for
						prohibited substances, pursuant to section
						3504. All confirmed positive UA test
						results must be addressed by intervention and/or sanctions to promote positive
						lifestyle changes.
(a) Parolees with a
					 narcotic-related conviction within five years of incarceration for their current
					 offense, or who have a history of alcohol or substance abuse, may have a special
					 condition of parole imposed requiring UA testing at the direction of the Parole
					 Agent (PA). Upon approval by the field Parole Unit Supervisor (US), the special
					 condition of parole to participate in UA testing shall be imposed and documented on
					 the CDCR Form 1515-Addendum (Rev. 04/19), Special Conditions of Parole. If
					 reasonable suspicion exists that a prohibited substance was recently used, the CDCR
					 Form 1515-Addendum is not required for the PA to instruct the parolee to provide a
					 UA specimen for testing.
(1) The frequency in
					 which UA testing is administered shall be determined by the supervision
					 requirements, pursuant to Section
					 3504, and/or any imposed special
					 conditions of parole set by the parole US, the court authority, or the Board of
					 Parole Hearings (BPH).
(2) The UA test
					 is conducted when the PA obtains a random, unscheduled urine sample from the
					 parolee.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 10 - Urinalysis Testing Program › Section 3621 - Instant Test Kit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Collection of the UA test sample shall first be obtained by
						utilizing an onsite testing device which is an instant test kit. A positive or
						negative test result shall determine the next course of action.
(a) In the event of a negative instant test
					 result, the PA shall have the parolee discard the sample and the test kit.
(1) No further laboratory confirmation is
					 required.
(2) The negative test result
					 shall be recorded on the CDCR Form 2249 (Rev. 10/15), Urinalysis Sample Control Log,
					 which is incorporated by reference, and shall also be documented on the CDCR Form
					 1650-D (Rev. 06/12), Record of Supervision.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 10 - Urinalysis Testing Program › Section 3622 - Tracking of Urinalysis Sample and Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to
					 maintain the integrity of the chain of custody from point of receipt of the sample,
					 the PA shall log every sample received by the parolee, and take the following steps:
(1) Enter the UA test sample on the CDCR Form 2249
					 (Rev. 10/15), Urinalysis Sample Control Log, to include the parolee's name, CDC
					 number, PA's initials, collection date and time, and UA test results.
(2) For disputed positive test results requiring
					 laboratory confirmation, the PA shall deposit the sample into the locked UA sample
					 storage container pursuant to section
					 3623, and make an indication on the
					 CDCR Form 2249 verifying that the sample was sent to the contract
					 laboratory.
(3) Enter the sample
					 collection event, the test result, and the outcome on the CDCR Form 1650-D (Rev.
					 06/12), Record of Supervision.
(4)
					 Retain the CDCR Form 2249 within the parolee field book, and submit the CDCR Form
					 2249 to the US with the caseload roster by the PA's last working day of the month,
					 documenting all UA tests taken in the month.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 10 - Urinalysis Testing Program › Section 3623 - Locked Urinalysis Sample Storage Container

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To ensure
					 the integrity of the UA sample is not compromised in temporary storage, the US or
					 designee must maintain security of the UA sample from the point of collection and
					 storage to the subsequent transfer to the contract courier.
(1) Each parole unit shall maintain the locked UA
					 sample storage container in a fixed location. This is to be an area where parolees
					 are not allowed unattended access.
(2)
					 Only the US or designee shall be granted access to the locked UA sample storage
					 container to retrieve the UA samples for transfer to the courier service
					 employee.
(3) The US or designee shall
					 maintain the storage container key.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 10 - Urinalysis Testing Program › Section 3624 - Transfer to Vendor Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon arrival
					 of the laboratory courier, the US or designee shall:
(1) Unlock the locked UA sample storage container
					 and remove the plastic transportation bag containing the individually packaged UA
					 samples.
(2) Secure the bag and transfer
					 the sealed bag to the vendor courier service employee.
(3) Print his or her name and sign the CDCR Form
					 2250 (06/12), Urinalysis Sample Transfer Log, which is incorporated by
					 reference.
(4) Obtain the vendor courier
					 service employee printed name and signature documenting the date and time of pickup
					 on the CDCR Form 2250.
(5) Place a new
					 plastic transportation bag in the locked UA sample storage container and lock the
					 container.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 10 - Urinalysis Testing Program › Section 3625 - Documentation of Laboratory Test Results

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 laboratory responsible for analyzing the UA samples shall provide each parole unit
					 with the test results for all submitted UA samples. Typically, the test results are
					 sent to the parole unit via facsimile. Laboratory test results shall be logged,
					 maintained, and processed by designated parole unit support staff. A legible copy of
					 each individual test result shall be kept in the parolee's field file for use at a
					 later date, if needed. The parole unit support staff shall:
(1) Maintain one copy of all test results for the
					 parole unit in a central location, accessible to all staff.
(2) Provide the US with one copy of the test
					 results.
(3) Verify the Parole Agent of
					 Record (AOR) assignment for each parolee with a positive UA test result, and provide
					 that AOR with a copy of the test results of the affected
					 parolee.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 10 - Urinalysis Testing Program › Section 3626 - Adjudication of a Parole Violation as a Result of Positive Test

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event of a positive test result, the PA shall case
						conference the violation with the US or PAII (Supervisor) to determine the
						appropriate interventions and/or sanctions based on the case factors and available
						resources. The PA shall document the results on the CDCR Form 1650-D (Rev. 06/12),
						Record of Supervision, and complete a CDCR Form 1500 ( 
						05/13 ), Parole
						Violation Decision Making Instrument, identifying appropriate resources and/or
						interventions based on identified criminogenic needs. The US or PA II (Supervisor)
						must verify that all positive test results have been adjudicated pursuant to section
						3768.
1. New section
						filed 7-17-2014 as an emergency; operative 7-17-2014 (Register 2014, No. 29).
						Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 12-24-2014 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 7-17-2014 order transmitted to OAL 11-7-2014 and
						filed 12-22-2014 (Register 2014, No. 52).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  3060.9,
						  3063.1,
						  3063.2,
						  3068 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 11 - Illegal Aliens [Repealed] › Section 3630 - Limitations of Parole Services. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: 8 U.S.C. Sections
						  1621,
						  1641 and
						  1642; Section
						  297.5, Family Code;
						  and Section
						  5054, Penal
						  Code.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: 8 U.S.C. Sections
						  1621,
						  1641 and
						  1642; Section
						  297.5, Family Code; and Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 12 - Parolee Field Files › Section 3640 - Parolee Field Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 purpose of this section, a parolee field file means a file maintained by a parole
					 unit office containing information about a parolee and his or her current
					 parole.
(b) Except by means of valid
					 authorization, subpoena, or court order, no parolee or their attorney or the
					 attorney's designee shall have access to another parolee's field file or component
					 thereof.
(c) Parolees may review their
					 own field file, subject to applicable federal and state law. This review shall be
					 conducted in the presence of staff. The parolee will not be provided access to a
					 computer to view any of his or her electronic records, if applicable, but instead
					 will have a printed copy made available.
(d) No parolee or their attorney or the attorney's
					 designee shall access information designated confidential pursuant to section
					 3321 which is in or from the parolee's
					 field file.
(e) An attorney or the
					 attorney's designee, hired to or appointed to represent a parolee in the parole
					 revocation process may review a parolee's field file, subject to applicable federal
					 and state law. A parolee's attorney or the attorney's designee is not required to
					 obtain authorization from the parolee before reviewing the parolee's field file,
					 though authorization may be provided. This review shall be conducted in the presence
					 of staff. The attorney or the attorney's designee will not be provided access to a
					 computer to view any of the parolee's electronic records, if applicable, but instead
					 will have a printed copy made available.
(f) No parolee field file or component thereof
					 shall be released to any agency or person outside the department, except for private
					 attorneys hired to represent the department, the Office of the Attorney General, the
					 Board of Parole Hearings, the Inspector General, and as provided by applicable
					 federal and state law. Any outside person or entity that receives parolee field
					 files is subject to all legal and departmental standards for the integrity and
					 confidentiality of those documents.
1. New article
						12 (section 3640) and section filed 6-17-2009;
						operative 7-17-2009 (Register 2009, No. 25).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  2081.5,
						  5054 and
						  6126.5, Penal Code;
						  Sections
						  56.10,
						  1798.24 and
						  1798.40, Civil Code;
						  and Code of Federal Regulations, Title 45, Sections
						  164.512 and
						  164.524.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 13 - Registration › Section 3650 - Registration Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An inmate/parolee required to register pursuant to Penal Code
						sections
						186.30,
						290,
						457.1 shall be
						notified of the requirement to register pursuant to the procedures specified in
						section 3075.2.
1. New article
						13 (sections 3650-3654) and section filed 8-11-2009;
						operative 9-10-2009 (Register 2009, No. 33).
2. Amendment of section and
						NOTE filed 3-29-2021; operative 7-1-2021 (Register 2021, No. 14). (Filing deadline
						specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
						calendar days pursuant to Executive Order N-71-20.)
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  186.30,
						  290,
						  457.1 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 13 - Registration › Section 3651 - Penal Code Section 186.30 Registrants (Gang Offenders)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 inmate/parolee required to register pursuant to Penal Code (PC) section
					 186.30 shall register with the Chief of
					 Police of the city in which he or she resides, or the Sheriff of the county if he or
					 she resides in an unincorporated area or in a city that has no police department,
					 within 10 days of release from custody or within 10 days of his or her arrival in
					 any city, county, or city and county to reside, whichever comes first.
(b) The registration required by PC section
					 186.30 shall consist of the following:
(1) The parolee shall appear at the law
					 enforcement agency.
(2) The law
					 enforcement agency will serve the parolee with a California Street Terrorism
					 Enforcement and Prevention Act notification which includes, where applicable, that
					 the parolee belongs to a Security Threat Group (STG) whose members engage in or have
					 engaged in a pattern of criminal STG activity as described in PC section
					 186.22(e).
(3) The parolee shall submit a written statement,
					 signed by the parolee, giving any information that may be required by the law
					 enforcement agency.
(4) The parolee
					 shall submit his or her fingerprints and a current photograph to the law enforcement
					 agency.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 13 - Registration › Section 3652 - Penal Code Section 290 Registrants (Sex Offenders)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 inmate/parolee who is required to register pursuant to Penal Code (PC) section
					 290 et seq. shall register with the
					 Chief of Police of the city in which he or she is residing, or the Sheriff of the
					 county if he or she is residing in an unincorporated area or city that has no police
					 department. The inmate/parolee shall also register with the Chief of Police of a
					 campus of the University of California, the California State University, or
					 community college if he or she is residing upon the campus or in any of its
					 facilities. The inmate/parolee shall meet these registration requirements within
					 five working days of coming into, or changing his or her residence within, any city,
					 county, or city and county, or campus in which he or she temporarily resides.
(1) If the person who is registering has more than
					 one residence address at which he or she regularly resides, he or she shall register
					 in each of the jurisdictions in which he or she regularly resides, regardless of the
					 number of days or nights spent there. If all of the addresses are within the same
					 jurisdiction, the parolee shall provide the registering authority with all of the
					 addresses where he or she regularly resides.
(2) Beginning on his or her first birthday
					 following registration or change of address, the person shall register annually,
					 within five working days of his or her birthday, to update his or her
					 registration(s). At the annual update, a sex offender registrant shall provide
					 current information as required by the Department of Justice annual update forms and
					 PC section 290.012.
(3) The registration requirement shall be for
					 life.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 13 - Registration › Section 3653 - Penal Code Section 457.1 Registrants (Arson Offenders)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following offenders convicted of arson, a violation of Penal Code (PC) section
					 451,
					 451.5 or
					 453, and offenders convicted of
					 attempted arson, which includes but is not limited to, a violation of PC section
					 455, shall register:
(1) Any offender who, on or after November 30,
					 1994, is convicted in any court in California of arson or attempted arson shall be
					 required to register for the rest of his or her life.
(2) Any offender who, on or after January 1, 1985
					 through November 29, 1994, inclusive, is convicted in any court in California of
					 arson or attempted arson, shall be required to register for a period of five years
					 beginning, in the case where he or she was confined for the offense, from the date
					 of his or her release from confinement, or if he or she was not confined for the
					 offense, from the date of sentencing or discharge if he or she was ordered by the
					 court at the time of sentencing to register as an arson
					 offender.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 13 - Registration › Section 3654 - Health and Safety Code 11590 Registrants (Drug Offenders). [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).
2. Repealer
						filed 3-29-2021; operative 7-1-2021 (Register 2021, No. 14). (Filing deadline
						specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
						calendar days pursuant to Executive Order N-71-20.)
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  and Sections
						  11590
						  and
						  11594,
						  Health and Safety Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3700 - Medroxyprogesterone Acetate Treatment Program. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3701 - Medroxyprogesterone Acetate Treatment Advisory Board. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3701.1 - Searches of Parolees. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Change without
						regulatory effect renumbering former section
						3701.1 to new section
						3600 filed 7-30-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 31).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal Code;
						  Sections
						  13920 and
						  13921,
						  Government Code; People v. Giles, 233 Cal.App.2nd 643, 43 Cal.Rptr. 758 (1965); and
						  People v. LaJocies 119 Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3702 - First Conviction of a Qualifying Offense. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3703 - Second Conviction of a Qualifying Offense. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3704 - Qualifying Offenses. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3705 - Beginning Treatment. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 10-15-93; operative 11-15-93 (Register 93, No. 42).
2. Change
						without regulatory effect renumbering former section
						3705 to section
						3605 and reserving section
						3705 filed 7-30-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 31).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  5054 and
						  5060, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3706 - Alternative to Medroxyprogesterone Acetate Treatment. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 10-15-93; operative 11-15-93 (Register 93, No. 42).
2. Change
						without regulatory effect renumbering former section
						3706 to new section
						3610 and reserving section
						3706 filed 7-30-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 31).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 14 - Hormonal Chemical Treatment for Sex Offenders [Reserved] › Section 3707 - Administration of Medroxyprogesterone Acetate Treatment Program. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 15 - Discharge › Section 3720 - Discharge Reviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following terms are defined for the purpose of this Article 15, Discharge:
(1) Continuous Parole, pursuant to California Code
					 of Regulations (CCR), Title 15, subsection
					 2535(b)(4), is
					 parolees who have not had parole revoked or absconded from parole supervision since
					 their initial release. If a revocation, or a revocation with credit for time served,
					 or suspension with reinstatement of parole with time loss has occurred in the
					 period, the parolee has not been on continuous parole.
(2) Discharge Review means a review of a parolee's
					 criminal history, and his or her adjustment and/or performance while under parole
					 supervision for the purpose of rendering a decision as to whether or not a parolee
					 should be retained on parole supervision for another year or be discharged from
					 parole supervision altogether.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 15 - Discharge › Section 3721 - Discharge Review Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The assigned
					 parole agent shall review each case within the specified review period and recommend
					 retaining the case on parole or recommend discharge and allow the case to discharge
					 by operation of law.
(b) The parole
					 agent must complete a discharge review report, whether the recommendation is to
					 retain or discharge. The following factors shall be considered in conducting
					 discharge reviews and preparing a discharge review report for a parolee in the
					 community:
(1) Parole Adjustment. Whether or not
					 the parolee was complying with his or her conditions of parole or involved in any
					 criminal behavior or activities, the parole adjustment shall include, but is not
					 limited to, the following:
(A) Residence, whether
					 or not the parolee's residential pattern is stable.
(B) Employment, whether or not the parolee
					 demonstrated a steady pattern of employment, educational or vocational training, and
					 if he or she has the ability to reasonably provide for his or her own financial
					 needs while in the community.
(C)
					 Compliant with Special Conditions of Parole. Address any known violations of any
					 general, mandatory or special conditions of parole, or the parolee's ability to
					 comply with all conditions.
(D)
					 Psychological Factors. Note the mental health status of the parolee and his or her
					 compliance with any mental health treatment.
(E) STG Validation. Note any past or present
					 involvement in any STG, criminal, or street gang as a validated member, associate,
					 or affiliate, and if the parolee is a validated STG-I member, associate, or
					 affiliate.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 15 - Discharge › Section 3721.1 - Documenting the Discharge Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Discharge Review Report. When preparing a discharge review
						report on a parolee, it shall be reported on a CDCR Form 1502 (Rev. 10/06), Activity
						Report, which is incorporated by reference.
1. New section
						filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 15 - Discharge › Section 3722 - Annual Discharge Reviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. At
					 the discharge review, the Division of Adult Parole Operations shall consider the
					 parolee's adjustment on parole and any other information relevant to determining
					 whether the parolee should be discharged or retained under parole
					 supervision.
(b) In the event of a
					 retention on parole, the parolee shall be entitled to a review by the parole
					 authority each year thereafter until the statutory maximum period of parole expires.
					 In the event the Board of Parole Hearings (BPH) acts to retain parole, the parole
					 agent shall complete subsequent annual reviews each year thereafter and forward the
					 discharge review report to the BPH for discharge or retain consideration. Annual
					 discharge reviews shall be performed as provided in section
					 3720 and as noted in this
					 section.
(c) Criteria. Factors tending
					 to indicate there is good cause to retain a parolee on parole include:
(1) Commitment Offense. The parolee was committed
					 to prison for several offenses, for an offense involving weapons or great bodily
					 harm, for an offense which was part of large scale criminal activity or for an
					 offense which caused considerable concern in the local community.
(2) Parole Adjustment. While on parole, the
					 parolee has been involved in criminal activity even if that activity did not result
					 in revocation of parole, has been using drugs, has been involved in gang activities,
					 is currently undergoing criminal prosecution or is being investigated for possible
					 prosecution.
(3) Placement Returns. The
					 parolee has been returned to custody for substance abuse or psychiatric
					 treatment.
(4) Supervision Needed. The
					 parolee is in special need of continued supervision for the safety of the parolee or
					 of the public.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 16 - Restitution › Section 3730 - Restitution Obligations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Restitution obligations shall be considered when recommending
						a parolee for early discharge or when conducting an annual discharge review.
1. New article
						16 (section 3730) and renumbering of former section
						3501 to section
						3730, including amendment of section,
						filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  4852.05 and
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17 - Revocation or Limited Placement Releases › Section 3740 - Release from Revocation or Limited Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a parolee's release from local custody, an institution,
						facility, or sanction imposed program their assigned parole agent shall assist the
						parolee to return to their previous parole program or to develop a new program based
						upon their particular needs or Board of Parole Hearings imposed sanction.
1. Change
						without regulatory effect adding article 17 (section
						3740) and renumbering former section
						3605.5 to new section
						3740 filed 7-30-2008 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2008, No. 31).
2. Amendment filed 6-17-2009;
						operative 7-17-2009 (Register 2009, No. 25).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3741 - County or City of Last Legal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 the provisions of Penal Code (PC) Section
					 3003, all inmates committed to prison
					 for a non-sex offense for which registration is not required pursuant to PC 290,
					 shall be returned to the County of Last Legal Residence, unless the case conforms
					 with Sections 3743 through
					 3744. All inmates committed to prison
					 for a sex offense for which registration is required pursuant to PC 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 ties, or
					 economic ties and access to reentry services unless a return to that location would
					 violate any other law, pose a risk to the inmate's victim, or the case conforms with
					 Sections 3743 through
					 3744. The county 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 current commitment offense. If an offender has multiple commitment
					 offenses, the most current of the offenses shall be used to determine the county of
					 last legal residence or city of last legal residence. Offenses that occur in
					 custody, defined as being confined in State prison, local jail, or a Department of
					 State Hospitals (DSH) facility for treatment shall not be considered in determining
					 the county or city of last legal residence.
1. New article
						17.5 (sections 3741-3748) and section filed 3-18-2019;
						operative 7-1-2019 (Register 2019, No. 12).
2. Amendment of section
						heading and section filed 11-30-2021; operative 1-1-2022 (Register 2021, No. 49).
						Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
						calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  3003, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3742 - Determining the County or City of Last Legal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division
					 of Adult Parole Operations (DAPO) determines the county or city of last legal
					 residence based on the following documents, listed in order of precedence:
(1) The current Probation Officer's Report, as
					 defined in Section
					 3000. If an address is not recorded,
					 DAPO shall assess subsection (a)(2).
(2)
					 If available, the sentencing transcript for the current commitment. If an address is
					 not identified, DAPO shall assess subsection (a)(3).
(3) The arrest report for the current commitment
					 offense. If an address is not recorded, DAPO shall assess subsection
					 (a)(4).
(4) The abstract of judgment
					 with the recorded county of commitment for the current commitment offense. For the
					 purposes of this Section, the county of commitment is the county where the
					 commitment offense occurred.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3743 - Parole Return or Transfer to a County or City Other than the County or City of Last Legal Residence and Transfer to the County or City of Last Legal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 PC Section 3003(b), upon release
					 an offender may be returned, or while in the community an offender may be
					 transferred, from their county or city of last legal residence to a county or city
					 other than the county or city of last legal residence to serve their parole if it is
					 in the best interest of the public, and DAPO determines placement in a county or
					 city other than the county or city of last legal residence is appropriate based on
					 criteria as defined in Section
					 3744, subsections
					 (a)(1)-(a)(6).
(b) An offender may also
					 be transferred back to their county or city of last legal residence pursuant to
					 Section 3745.
(c) If placed in a county or city other than the
					 county or city of last legal residence, the reasons shall be documented on the
					 offender's CDCR Form 1650-D (Rev 06/12), Record of Supervision. Notification shall
					 be made to the sheriff or chief of police, or both, and the district attorney, in
					 the receiving county or city, pursuant to PC Section
					 3058.6(a). Notice
					 shall be made on a CDCR Form 863 (Rev. 08/11), Notice of Release, which is
					 incorporated by reference.
1. New section
						filed 3-18-2019; operative 7-1-2019 (Register 2019, No. 12).
2. Amendment
						of section heading and section filed 11-30-2021; operative 1-1-2022 (Register 2021,
						No. 49). Transmission deadline specified in Government Code section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60
						calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  3003 and
						  3058.6, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.