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 8 - Pilot Programs › Article 1 - Pilot Programs › Section 3999.27 - Condemned Inmate Transfer Pilot Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Memorandum
Date
January 29, 2020
To:
Associate Directors, Division of Adult Institutions
								Wardens
Classification and Parole Representatives
Correctional Counselors lll, Reception Centers
Corrections Case Records Managers
Subject:
CONDEMNED INMATE TRANSFER PILOT PROGRAM
PURPOSE
This memorandum announces the implementation of the California
						Department of Corrections and Rehabilitation (CDCR) Condemned Inmate Transfer Pilot
						Program (CITPP). The CITPP is being adopted under the authority of California Penal
						Code (PC) Section
						5058.1 and, as such, does not affect
						more than ten percent of the total state male or female offender population or more
						than ten percent of the total state inmate population. The CITPP implements PC
						Section 3600, which allows the transfer of
						condemned male inmates from San Quentin State Prison (SQ) to alternate prisons
						within the state. The CITPP also allows transfer of female condemned inmates to
						alternate housing units at the Central California Women's Facility (CCWF). Placement
						in the CITPP is voluntary, but once approved, participation is mandatory.
All condemned inmates will be provided written notice of the
						pilot program once effective. The notice will suggest that inmates consult their
						appellate counsel prior to volunteering for the pilot program. A courtesy copy of
						the notice will be sent to the California Appellate Project and Habeas Corpus
						Resource Center. Additionally, the Men's Advisory Council, the Women's Advisory
						Council, and the Inmate Family Council at each designated CITPP institution, and the
						CDCR Office of the Ombudsman, will be advised of the implementation of the pilot
						program.
Male condemned inmates participating in the program will only
						be housed in the institutions identified in this memorandum commensurate with inmate
						case factors and security levels. Female condemned inmates within the CITPP program
						will remain at CCWF, as required by PC Section
						3601. The CITPP is being implemented to
						test and evaluate the effectiveness of this housing program, which for the first
						time permits condemned inmates to be transferred from condemned housing, where they
						have historically been held, to other designated institutions or alternate housing
						units commensurate with their case factors and security levels. These inmates will
						be interspersed with other inmates in CDCR's population.
The CITPP is designed to provide enhanced job placement
						opportunities for condemned inmates to augment CDCR's compliance with the mandates
						of PC 2700.1. Both male and female condemned inmates in the CITPP are expected to
						participate according to their placement, which may include General Population,
						Sensitive Needs Yard, or Non-Designated Program facilities. This memorandum defines
						staff responsibilities and establishes a uniform process for the inclusion of
						condemned inmates into the CITPP. Upon approval by the Office of Administrative Law,
						the CITPP will be in effect for no longer than a 24-month period at which time it
						will lapse by operation of law if regulations have not already been formally
						promulgated through the Administrative Procedure Act.
PILOT PROGRAM
						LOCATIONS
Participants in the CITPP shall only be housed at one of the
						following locations:
* California Correctional Institution
* California Medical Facility
* California State Prison, Corcoran
* Centinela State Prison
* Central California Women's Facility
* Kern Valley State Prison
* Richard J. Donovan Correctional Facility
* Salinas Valley State Prison
These locations provide a mixture of Level III and Level IV
						housing options available to accommodate each inmate's case factors and
						needs.
Inmates approved by Institutional Classification Committee
						(ICC) for participation in the CITPP who require transfer to a Psychiatric Inpatient
						Program, Mental Health Crisis Bed, or Specialized Medical Bed, shall be referred to
						the Health Care Placement Oversight Program for transfer endorsement consistent with
						existing procedures, to one of the CITPP institution locations listed above.
EVALUATION OF THE RESULTS OF THE
						PROGRAM
There will be an ongoing assessment of the CITPP by the CDCR
						Office of Research and the Division of Adult Institutions, which will monitor the
						implementation and evaluate the effectiveness of the pilot and the procedures as set
						forth in this memorandum. The Office of Research will gather data to evaluate the
						pilot to include: the number of inmates volunteering for, and accepted into the
						pilot; CITPP inmate participation in programs and job assignments; increases in
						restitution payments for CITPP participating inmates; disciplinary infractions;
						reduction or increase in classification scores; changes in housing assignments due
						to disciplinary issues, or as necessary for the safety of the CITPP inmate or other
						inmates whether a result of threats or other safety concerns; and visiting for CITPP
						inmates.
PROGRAM
						STRUCTURE
Inmates may volunteer for placement in the CITPP. However,
						once approved for placement in the CITPP, participation is mandatory and an inmate
						cannot withdraw from the program. The CITPP will incorporate existing classification
						policies and procedures, as identified in the California Code of Regulations (CCR),
						Title 15, Article 10 Classification, as they pertain to committee actions, transfer
						recommendations, and endorsement. Initial recommendation for placement will be made
						by the Unit Classification Committee (UCC) during the annual review process, and the
						subsequent determination of placement into the CITPP will be made by the SQ or CCWF
						Warden or designee through the ICC. Once placed in the CITPP, each condemned inmate
						will be monitored for the duration of their participation in the CITPP. Assessments
						consisting of program and annual reviews will be completed to document the
						participation of the inmate in the CITPP.
PROGRAM
						PROCEDURES
1.
Inmate Eligibility
All condemned inmates, including newly received condemned
						inmates, under the jurisdiction of CDCR may be eligible for CITPP. However, inmates
						who volunteer for participation in CITPP may not be found eligible for transfer out
						of condemned housing if one of the following exclusionary case factors
						exists:
* Inmate is currently serving a Segregated Housing Unit term,
						or equivalent.
* Inmate has pending or has been found guilty of Division A
						through B offenses within the last five calendar years from the date of the annual
						review.
2.
Initial Program
					 Placement
Identification and Assessment
Notification to the inmate of their scheduled appearance
						before the UCC for annual review will also provide information about the CITPP. The
						UCC will ask the inmate if the inmate wishes to participate. If the inmate indicates
						they wish to volunteer for the program, staff shall review the inmate's case factors
						to determine if the inmate is otherwise eligible for placement in the CITPP. If
						eligible, staff shall complete a CDC Form 128-B,
General Chrono
,
						which the inmate will sign indicating that he/she has been advised of, and concurs
						with CITPP placement, prior to referral to the ICC for a final determination.
Upon referral, ICC shall evaluate appropriate placement in one
						of the eight designated CITPP institutions, dependent upon safety and enemy
						concerns, as well as county of commitment. Mental Health Services Delivery System
						(MHSDS) clinical staff shall be present at the ICC and can provide information about
						the inmate's clinical functioning. Staff shall adhere to the classification process
						as outlined in CCR, Title 15, Article 10 Classification, with the following notable
						exceptions for those inmates placed in the CITPP:
* Participants shall be applied an automatic mandatory minimum
						score of 36 points.
* Participants shall be placed in an appropriate inmate work
						group and privilege group pursuant to CCR, Title 15, Section
						3044. However, participants are
						ineligible to receive credits, including, but not limited to Good Conduct Credit,
						Milestone Completion Credit, Rehabilitative Achievement Credit, Educational Merit
						Credit and Extraordinary Conduct Credit pursuant to CCR, Title 15, Sections
						3043.2,
						3043.3,
						3043.4,
						3043.5 and
						3043.6.
* Participants shall be housed in no lower than a Level III
						CITPP-designated institution with a Lethal Electrified Fence, unless otherwise
						permitted by the Departmental Review Board.
* Participants shall not be designated Maximum (MAX) Custody,
						unless their case factors require MAX Custody housing.
* Participants shall be assigned and retain Close Custody
						designation permanently.
* Participants shall be granted Priority Legal User
						status.
* Participants shall be granted attorney visitations and
						consultation pursuant to CCR, Title 15, Section
						3178 and legal telephone calls pursuant
						to CCR, Title 15, Section
						3282.
* Classification committee action and recommendation shall be
						conducted by ICC chaired by the Warden for placement into CITPP institutions.
* Endorsement to participating CITPP institutions shall be
						conducted by processing a Warden-to-Warden endorsement agreement.
* Those institutions designated as CITPP shall provide for
						storage and ready access to CITPP participants' legal materials.
* CITPP institutions are to ensure appropriate withdrawals for
						restitution are made from participants' trust accounts as
						applicable.
3.
Process
					 Upon Arrival at CITPP Institution
Inmates transferred to a CITPP institution shall be screened
						for potential inclusion in the MHSDS, consistent with current policy. Clinician to
						clinician contact shall occur to ensure continuity of care. Pursuant to the
						agreement between California Appellate Project and the Prison Law Office, condemned
						inmates who have refused Developmental Disability Program (DDP) testing shall not be
						tested for placement within the DDP.
Classification Committee
						Review
The inmate's assigned Correctional Counselor I shall present
						the case to the initial UCC and, in accordance with existing procedures, place the
						inmate on one or more appropriate waiting lists for available jobs and
						programming.
Inmate Assignment Office
Following existing procedures the Inmate Assignment Office at
						the CITPP institution will place the inmate into an available work assignment
						commensurate with their case factors.
4.
Ongoing Program Placement
Following the initial placement process, all inmates
						participating in the CITPP shall be reviewed through the existing classification
						processes pursuant to CCR, Title 15, Section
						3375.
If you have any questions, please contact Christopher Hees,
						Correctional Counselor (CC) III, Classification Services Unit (CSU), or Steve
						Jimenez, CC II, CSU, at m_CITPP@cdcr.ca.gov.
/s/
CONNIE GIPSON
Director
Division of Adult Institutions
Attachment
cc: Jennifer Barretto
Kimberly Seibel
Brian Moak
Heidi Dixon
Chris MacDonald
Chris Hees
Steve Jimenez
Nicole Clavo
Office of Ombudsman
1. New section
						filed 1-29-2020; operative 1-29-2020 pursuant to Penal Code section
						5058.1(c).
						Submitted to OAL for filing with the Secretary of State and printing only pursuant
						to Penal Code section
						5058.1(b)
						(Register 2020, No. 5). Section shall lapse by operation of law on 1-29-2022
						pursuant to Penal Code section
						5058.1(d)
						unless formally adopted as a regulation pursuant to chapter 3.5 (commencing with
						section 11340) of part 1 of division 3 of title
						2 of the Government Code.
Note: Authority cited: Section
						  5058 and
						  5058.1, Penal Code.
						  Reference: Section
						  5058, Penal
						  Code