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 3999.29 - Alternative Rehabilitative Achievement Credit Earning Inmate Activity Group Programs Pilot Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Memorandum
Date:
December 1, 2021
To:
Associate Directors, Division of Adult Institutions
Wardens
Community Resources Managers
INSTRUCTIONAL MEMORANDUM
Subject:
ALTERNATIVE REHABILITATIVE ACHIEVEMENT CREDIT
						EARNING INMATE ACTIVITY GROUP PROGRAMS PILOT PROGRAM
PURPOSE
The purpose of this memorandum is to announce the
						implementation of the Alternative Rehabilitative Achievement Credit (RAC) Earning
						Inmate Activity Group (IAG) Pilot Program within the California Department of
						Corrections and Rehabilitation (CDCR). The implementation of this pilot program
						allows inmates to participate in self-help rehabilitative in-cell programming. For
						the duration of the pilot program, CDCR authorizes Community Resources Managers
						(CRM) to issue RAC hours for inmates who satisfactorily participate in CDCR approved
						in-cell RAC Earning IAG programs developed by grant funded providers.
The objective of implementing Alternative RAC Earning IAG
						Programs is to ensure inmates are afforded credit earning opportunities when
						in-person programming has not been available due to the Coronavirus (COVID-19)
						pandemic. The Alternative RAC Earning IAG in-cell programming also expands RAC
						earning to inmates who are unable to participate in in-person programming due to
						scheduling conflicts, extensive waitlists, and limited program slots.
PILOT PROGRAM REQUIREMENTS
The Alternative RAC Earning IAG Pilot Program is operating
						under the authority of Penal Code Section
						5058.1. Program and
						participant information will be maintained in the Strategic Offender Management
						System (SOMS). The Division of Adult Institutions (DAI) will monitor this program to
						ensure it affects no more than 10% of the total statewide inmate population.
As part of its rehabilitative programming strategies, CDCR
						authorizes RAC participation hours to be awarded based on inmates' satisfactory
						completion of interactive in-cell rehabilitative programming modules. Inmate
						participation in this pilot initiative is voluntary and shall be made available on a
						first-come first-served basis. This initiative provides increased opportunities for
						inmate access to RAC earning programs utilizing existing credit earning procedures.
						Credit shall be awarded consistent with CCR, Title 15, Subsection
						3043.4 (c)(2).
PILOT PROGRAM LOCATION AND
						DURATION
The Alternative RAC Earning IAG Pilot Program is being
						implemented utilizing Division of Rehabilitative Programs (DRP) grant funded RAC
						Earning IAG program providers included in the Innovative Programming Grants (Cycle
						5), Victim Impact Grants (Cycle 6) and CARE Grants (Cycle 7) who are able to meet
						the program requirements to include RAC eligibility; program structure; and program
						procedures, as identified below. If a RAC Earning IAG program provider chooses not
						to participate or is determined to be ineligible for participation, the allotted
						participant spaces will be reallocated to other participating RAC Earning IAG
						programs.
The pilot program will remain in effect for up to 24 months
						upon approval, and will expire by operation of law at the end of this period, unless
						promulgated into regulations through the Administrative Procedure Act prior to
						expiration.
PROGRAM STRUCTURE
The CDCR Secretary has the ultimate responsibility for
						ensuring this pilot program is implemented in keeping with CCR, Division 3, Chapter
						1, Article 3.5, Subsection
						3043.4(a) which
						specifies the award of RAC requires verified attendance and satisfactory
						participation in approved group or individual activities which promote the
						educational, behavioral, or rehabilitative development of an inmate.
DRP shall be responsible to collaborate with the institutions'
						Community Resources Managers (CRM) in reviewing new RAC Earning IAG program
						applicants and programming modules. Additionally, DRP will provide direction to
						participating providers regarding program expectations and management. This shall
						include instructing providers to ensure the validity of submitted program material
						for indications of having been completed by an inmate other than the assigned
						participant. Such misconduct will result in removal from the program.
Each Warden has overall managerial responsibility for the
						pilot program implementation at their institution. The Warden is responsible for
						reviewing all submitted RAC Earning IAG program applicant submissions received by
						the CRM's Office, and upon determining the criteria for submission has been met,
						shall authorize the CRM to submit the CDCR Form 2136 (Rev. 8/20), Inmate Activity
						Group Approval form to the headquarters DAI for determination of RAC eligibility.
						The Warden or designee shall establish a Local Operational Procedure instructing
						staff and providers regarding program requirements.
The CRM shall be responsible for receiving, reviewing, and
						routing program applicant submissions for the Warden's review, and for submitting
						the locally approved CDCR Form 2136 (Rev. 8/20), Inmate Activity Group Approval form
						to DAI, Office of Policy Standardization, Community Partnerships Unit (CPU) for
						coordinating the review and Director of DAI or designee's determination of RAC
						program eligibility. Upon the Director of DAI or designee's final determination, the
						CPU shall return the completed CDCR Form 2136 (Rev. 8/20), Inmate Activity Group
						Approval form to the CRM. The CRM shall communicate with providers to secure printed
						program modules; review them for inappropriate content and contraband, and collect
						and distribute them to and from the inmate population. DRP and the institution shall
						review and determine approval for program modules; DAI then determines RAC program
						eligibility.
Those providers interested in participating in the pilot
						program shall be responsible for submitting their program proposals for review by
						DRP and the institution, which shall include a detailed program introduction and
						overview; an outline of modules and exercises; and an estimated timeframe for
						completion of each.
Participating providers shall be responsible for generating
						all printed programming materials and shall assume any costs associated with
						shipping program modules to and from the institutions; or alternatively coordinating
						in-person delivery and collection of modules to and from the institutions. Providers
						shall review all received program modules, evaluate and document each inmate's
						participation, and submit a list of participants who successfully completed each
						module along with tracking lists.
PROGRAM
						PROCEDURES
Program Application Submittals
The grant funded providers identified on the Pilot Grantee and
						Participant Listing shall be afforded an equal opportunity to submit in-cell
						Alternative RAC Earning IAG Pilot Program proposals for DRP and institutional review
						and consideration. Applicant submissions must be in writing to DRP. Upon review, DRP
						will forward received applications to the respective institution's CRM for review
						and routing for approval. Upon Warden's approval, the CRM shall generate CDCR Form
						2136 (Rev. 8/20), Inmate Activity Group Approval forms, to be routed for RAC
						eligibility review and approval by the Director of DAI or their designee.
Applicant submissions shall include the following
						components:
* Program Facilitator or Director contact information
* Detailed program description, purpose, and objectives
* Participant membership criteria and disqualifiers
* Number of participants that can be served
* Methodology to ensure program fidelity is achieved through
						the evaluation of materials submitted by program participants
* Anticipated schedule to include a timeline for each of the
						following actions:
o Submitting electronic program modules to DRP and the CRM for
						review
o Mailing hard copies of program modules to the
						institution
o Collection of program modules from participants
o Reviewing completed modules received from the
						institution
o Submitting program completion tracking lists to DRP and the
						CRM, including participant names and CDCR numbers
Program Modules
Upon approval, providers shall begin submitting individual
						program modules electronically to DRP and the CRM for content review. Once the
						modules are approved, the provider will mail or make arrangements to physically
						deliver printed copies of the modules to the institutions for distribution to
						enrolled participants.
Providers shall also ensure the following components are
						incorporated into each module:
* Pre-printed materials require active inmate participation
						through reading and follow-up exercises or introspective questions based on the
						material provided.
* Estimated number of hours required for the successful
						completion of each module (each module must be tested by the provider to determine
						the estimated length of time required to complete).
Participant Enrollment
Once the Alternative RAC Earning IAG Pilot Program applicants
						have been approved, the CRM's Offices will begin accepting CDCR Form 2016 (Rev.
						08/20), Inmate Activity Group Program Request forms from the inmate population and
						assigning participants in Strategic Offender Management System (SOMS) on a
						first-come first-served basis. Inmates shall not be enrolled in Alternative RAC
						Earning IAG Pilot Programs and in-person RAC eligible IAG programs of the same
						subject and title, or which contain the same programming material content.
Program Module Delivery and Tracking
Each week, the CRM's office staff or Self-Help Sponsors (SHS)
						will print the RAC program assignment rosters in SOMS. The SHS will hand-deliver
						program modules to each participant on the SOMS roster, noting on the roster the
						date and time modules were delivered, and obtain the participant's signature to
						confirm receipt.
Each week, the SHS will hand-collect any completed program
						modules, noting the date and time as verification of attendance on the same roster
						used to deliver the modules, and obtain the participant's signature. The SHS will
						submit completed rosters and all completed modules to the CRM. The CRM's office
						staff will prepare the collected modules to be mailed to or picked up by the
						provider within five business days from the date of collection. When completed
						program modules are ready to be picked up or mailed to the provider, the CRM's
						Office will send an electronic mail (email) notification to the program
						provider.
Completed Module Review and Verification
Upon receipt of the completed modules, the provider will
						review and document each inmate's participation on the program tracking list. Within
						five business days of receiving the completed modules, the provider will submit the
						program tracking list containing the list of participants who successfully completed
						each module to the CRM via email, with a courtesy copy to DRP. If the provider
						determines a submitted module was not completed, this shall also be noted by the
						provider and included on the program tracking list.
RAC Participation in SOMS
Based upon the estimated time required to complete each
						module, and within 10 calendar days upon receipt of documented satisfactory program
						participation, the CRM's Office will enter the attendance for each inmate into SOMS.
						RACs will be awarded upon a participant's completion of 52 hours of RAC eligible
						program participation.
RESEARCH AND
						EVALUATION
For the duration of the pilot program, CDCR shall evaluate and
						assess this program's effectiveness in affording inmate's access to alternative RAC
						earning program opportunities. Assessment of effectiveness shall be based upon
						measurably increased access to credit earning opportunities along with sufficient
						fidelity. Access and participation levels of in-cell programming will be compared to
						levels of in-person programming, with the assistance of SHS, completed modules will
						be randomly reviewed for indications of fallacious submissions. The results of these
						audits will be provided to the Wardens and Associate Directors who have oversight
						over the pilot program. The results of all internal audits will be utilized as
						supporting documentation for the development of regulatory language.
If you have any questions regarding the Alternative RAC
						Earning IAG Pilot Program, please contact Nicholle Hansen, Community Partnerships
						Manager (A), Office of Policy Standardization, DAI, at (916) 324-0794. For questions
						regarding innovative programming grants, please contact Nicki Singh, Staff Services
						Manager II, Special Programs and Contracts Unit, DRP at (916) 324-7023.
/s/
/s/
CONNIE GIPSON
BRANT R. CHOATE, Ed.D.
Director
Director
Division of Adult Institutions
Division of Rehabilitative Programs
Attachment(s)
cc: Kathleen Allison
Jeff Macomber
Charles Callahan
Kimberly Seibel
Kevin Hoffman
Shad Pulley
Mark Tillotson
Nicki Singh
Nicholle Hansen
1. New section
						filed 1-12-2022; operative 1-12-2022 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 2022, No. 2). Section shall lapse by operation of law on 1-12-2024
						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.