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 › Article 6.7 - Transfer of Inmate Assessment Responsibility › Section 3077.1 - Senate Bill 618 Program Participant Determination, Assessment, and Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an
				  offender is arrested and charges filed, the participating county district attorney
				  (DA) will conduct preliminary screening for Senate Bill (SB) 618 Program eligibility
				  utilizing the criteria provided in subsections
				  3077(b), (c) and (d).
				  If the offender is identified as a possible SB 618 Participant, as defined in
				  section 3000, the DA, defense attorney, and
				  court shall affirm eligibility for the SB 618 Program, as defined in section
				  3000. If eligibility for participation
				  is approved by the court, the offender will be petitioned to voluntarily participate
				  in the SB 618 Program. If the offender agrees, the court will refer the case to
				  county probation for presentence investigation, multidisciplinary assessment, and
				  the development of a Life Plan, as described in subsection
				  3077.1(b). Within 3
				  working days of the court referral, the offender will be transported to a
				  predetermined county site for assessment by a Multi-Disciplinary Team (MDT).
(1) The MDT shall include the following:
(A) County Probation Officer.
(B) Community Case Manager (CCM) who will assist
				  the SB 618 Participant in the community to which he/she is released and will help to
				  develop a community reentry plan with the SB 618 Participant, his/her family,
				  treatment and social service providers, and community support persons.
(C) Correctional Counselor (CC) I. The CCI shall
				  make appropriate placement recommendations to a primary California Department of
				  Corrections and Rehabilitation (CDCR) institution or facility and an alternate CDCR
				  institution or facility. The Participant's Life Plan and available Cognitive
				  Behavioral Interventions, and Academic Education or Career Technical Education
				  programs to advance the Participant's Life Plan, shall be used in consideration of
				  the institution or facility recommendation.
(D) Prison Case Manager (PCM). The PCM shall be a
				  licensed Clinical Social Worker, or other professional social work classification
				  such as a Bachelor or Master's degree in Social Work. The PCM will work with the SB
				  618 Participant from time of assessment at the county facility to parole release.
				  The PCM is a member of the CDCR institution's Multidisciplinary
				  Team.
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 › Article 6.7 - Transfer of Inmate Assessment Responsibility › Section 3077.2 - Senate Bill 618 Participant Medical, Dental, and Mental Health Assessments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For each
				  county participating in the Senate Bill (SB) 618 Program, as defined in section
				  3000, and pursuant to California
				  Department of Corrections and Rehabilitation (CDCR) and Division of Correctional
				  Health Care Services medical, dental, and mental health court or Receiver ordered
				  requirements, regulations, policies and procedures, the following assessments may be
				  performed at an appropriate county facility for each SB 618 Participant, as defined
				  in section 3000:
(1) Medical assessments. As permitted by the
				  Medical Care Receiver, all applicable medical tests and assessments, including
				  tuberculosis and other tests as necessary relating to communicable diseases and
				  other medical conditions, may be performed by one or more of the following:
(A) CDCR medical staff.
(B) County medical staff.
(C) County contract medical
				  staff.
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 › Article 6.7 - Transfer of Inmate Assessment Responsibility › Section 3077.3 - Senate Bill 618 Participant Institutional Programming

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Senate
				  Bill (SB) 618 Participant, as defined in section
				  3000, shall be delivered to a
				  Departmental RC as arranged between the respective county Sheriff's personnel and
				  CDCR's Transportation Unit. The RC shall expedite the RC processing of the SB 618
				  Participant and present the Participant's case to the Classification Staff
				  Representative (CSR) within 30 days of arrival at the RC. The CSR shall endorse the
				  case for placement at an appropriate institution/facility in consideration of the SB
				  618 Participant's Life Plan. The Departmental Transportation Unit shall expedite
				  movement of SB 618 Participants to the endorsed institution/facility utilizing
				  existing resources when possible. Within 14 days from the time the Senate Bill (SB)
				  618 Participant, as defined in section
				  3000, arrives at the endorsed
				  institution, the SB 618 Participant shall be seen by the Initial Classification
				  Committee to ensure that the SB 618 Participant is assigned to appropriate
				  programming according to his or her Life Plan as described in subsection
				  3077.1(b).
(b) Upon completion of the Initial Classification
				  Committee, the Inmate Assignment Office shall assign the SB 618 Participant into
				  assignments that correspond with his or her Life Plan.
(1) If there are no vacancies available in
				  appropriate work/training assignments, the SB 618 Participant shall be placed at the
				  top of the waiting list for assignment. SB 618 Participants having the earliest
				  release date shall be given priority.
(2) A Classification Committee action shall be
				  required to place SB 618 Participants onto a waiting list or remove them from a
				  waiting list.
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 › Article 6.7 - Transfer of Inmate Assessment Responsibility › Section 3077.4 - Senate Bill 618 Participant Community Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To meet the
				  objective of providing a state and local response that will support and sustain the
				  Senate Bill (SB) 618 Participant, as defined in section
				  3000, with his or her rehabilitative
				  efforts, community services, which may be subject to available state and local
				  funding, may be made available to the SB 618 Participant.
(b) The community services which are designed to
				  maintain the SB 618 Participant through discharge from parole or 18 months from
				  release from parole, whichever is the longest period of time, may include, but are
				  not limited to:
(1) Transitional or step-down
				  housing.
(2) Occupational development
				  and job placement.
(3) Outpatient mental
				  health services.
(4) Substance abuse
				  treatment services.
(5)
				  Education.
(6) Life skills
				  counseling.
(7) Restitution and
				  community services.
(8) Case
				  management.
(9) Intermediate sanctions
				  for technical violations of conditions of parole.
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 › Article 6.8 - Community Based Programs › Section 3078.1 - Alternative Custody Program and Enhanced Alternative Custody Program General Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  Alternative Custody Program (ACP) is a voluntary alternative custody program that
				  allows eligible inmates to serve their sentence in the community in lieu of
				  confinement in state prison.
(1) An ACP
				  participant's confinement in the community shall consist of restriction to one of
				  the following:
(A) A residential home during the
				  hours designated by the department, or
(B) A transitional care facility that offers
				  appropriate services during the hours designated by the department, or
(C) A residential drug or treatment program during
				  the hours designated by the department.
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 › Article 6.8 - Community Based Programs › Section 3078.2 - Alternative Custody Program and Enhanced Alternative Custody Program Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be
				  eligible to participate in the Alternative Custody Program (ACP) or Enhanced
				  Alternative Custody Program (EACP), the inmate must volunteer.
(b) The inmate shall be housed in an EACP facility
				  and have no more than 12 months and no less than 45 days left to serve at the time
				  of placement into the ACP.
(c) The
				  inmate shall have no more than 32 months and no less than 60 days left to serve at
				  the time of placement into the Male Community Reentry Program (MCRP) or Female
				  Community Reentry Program (FCRP).
(d)
				  The inmate shall have no more than six years and no less than 90 days left to serve
				  at the time of placement into the Community Participant Mother Program
				  (CPMP).
(e) The inmate shall not meet
				  any of the exclusionary criteria as provided for in section
				  3078.3 for the ACP, the Male Community
				  Reentry Program (MCRP) or the Female Community Reentry Program (FCRP), or in section
				  3078.9 for the Community Participant Mother Program (CPMP).
Note: Authority cited: Sections 3414, 5058, 5058.3, 6252 and
						1170.05, Penal Code. Reference: Sections 1170.05, 5054, 6258.1 and 6253, Penal Code;
						and Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223.
Note: Authority cited: Sections
						5058,
						5058.3 and
						1170.05, Penal Code.
						Reference: Sections
						1170.05 and
						5054, Penal Code;
						and Sassman v. Brown (E.D. Cal. 2015) 99 F.Supp.3d 1223.
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 › Article 6.8 - Community Based Programs › Section 3078.3 - Alternative Custody Program, Male Community Reentry Program, and Female Community Reentry Program Exclusionary Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mandatory
				  exclusionary criteria for the Alternative Custody Program (ACP):
(1) Current conviction of any of the crimes listed
				  as a violent felony in Penal Code (PC) section 667.5(c) including stayed counts and
				  enhancements.
(2) Current conviction of
				  any of the crimes listed as a serious felony in PC sections 1192.7(c) or 1192.8
				  including stayed counts and enhancements.
(3) Current or prior conviction for an offense
				  that requires the person to register as a sex offender as provided in Chapter 5.5
				  (commencing with Section
				  290) of Title 9 of
				  Part 1 of the Penal Code.
(4) High risk
				  to commit a violent offense as determined by the department using the California
				  Static Risk Assessment tool, as provided in section 3768.1.
(5) History of escape within the last 10 years
				  from a facility while under juvenile or adult custody, including, but not limited to
				  any detention facility, camp, jail, or state prison facility or inmates that have
				  been reviewed for escape and have been assessed an administrative determinant of
				  ESC, as provided in subsection
				  3375.2(b)(9).
(6) Active or potential misdemeanor or felony
				  holds, warrants, or detainers.
(7)
				  Active restraining order.
(8) In-custody
				  misconduct equivalent to a Division "A-1" through "C" offense, as defined in section
				  3323, within the last 24 calendar
				  months, except for physical possession of alcohol, drugs, or drug
				  paraphernalia.
(9) Restricted Housing
				  Unit, Security Housing Unit or Psychiatric Services Unit terms within the last 12
				  calendar months.
(10) Current Close or
				  Max Custody, as defined in section
				  3377.2.
(11) Current or prior conviction for a sexually
				  violent offense, as defined in Welfare and Institutions Code section
				  6600(b).
(12) Validated active or inactive Security Threat
				  Group (STG)-I members or associates, as defined in subsection
				  3378.1(c). Validated
				  STG dropouts are not excluded from ACP.
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 › Article 6.8 - Community Based Programs › Section 3078.4 - Alternative Custody Program, Male Community Reentry Program, and Female Community Reentry Program Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Screening
				  and Assessment for Alternative Custody Program (ACP) Cases.
(1) Every inmate shall be afforded the opportunity
				  to sign and submit to their assigned Correctional Counselor a CDCR Form 2234
				  (03/16), Alternative Custody Program (ACP) Application and Voluntary Agreement,
				  which is incorporated by reference.
(2)
				  Upon receipt of a CDCR Form 2234, the Secretary or his or her designee shall respond
				  to the applicant within two weeks to inform the offender that the Form 2234 was
				  received and to notify the inmate of the eligibility criteria of ACP.
(3) Preliminary screening for ACP eligibility
				  shall be completed by the Correctional Counselor utilizing the criteria provided in
				  section 3078.2 on a CDCR Form 2235 (07/23),
				  Alternative Custody Program Screening Form, which is incorporated by reference. Upon
				  completion, the CDCR Form 2235 shall be forwarded to the Division of Rehabilitative
				  Programs (DRP) for further screening.
(4) An assessment of the inmate's predictive
				  factors shall be completed using the California Static Risk Assessment, as provided
				  in section 3768.1. The result of the assessment
				  shall facilitate decisions regarding the placement, supervision and case-management
				  of an offender in a community setting.
(5) DRP shall review the CDCR Form 2235 and other
				  case factors to determine if the inmate is potentially eligible for ACP. The inmate
				  shall be notified in writing of a determination of potential
				  eligibility.
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 › Article 6.8 - Community Based Programs › Section 3078.5 - Alternative Custody Program Participant Case Management and Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  Alternative Custody Program (ACP) Participant shall be assigned to the supervision
				  of a designated Division of Adult Parole Operations (DAPO) staff who shall function
				  as the case manager. The designated DAPO staff shall:
(1) Monitor, track, record, evaluate, and provide
				  guidance to ACP Participants and their progress in meeting their Individualized
				  Treatment and Rehabilitation Plan (ITRP) goals and objectives.
(2) Act as a liaison with the ACP Program Manager
				  to ensure tracking and administrative processes are completed including but not
				  limited to:
(A) Case Records, including such
				  things as providing proposed address during the release process, reviewing and
				  completing forms and documents regarding residence verification and reporting
				  instructions, etc.
(B) Disciplinary
				  process, including such things as obtaining copies of police reports, providing
				  information regarding witnesses and witness testimony, curfew violation reports,
				  positive anti-narcotic test reports, etc.
(C) Return to institution process.
(D) Transitioning from ACP to parole or
				  post-release community 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 › Article 6.8 - Community Based Programs › Section 3078.6 - Alternative Custody Program and Enhanced Alternative Custody Program Return to Institution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  Alternative Custody Program (ACP) or Enhanced Alternative Custody Program (EACP)
				  participant may be returned to state prison to serve the remainder of their original
				  sentence, with or without cause, pursuant to the provisions of subsections
				  (b)-(b)(7) below.
(b) Staff shall
				  conduct a Case Conference Review, as defined in section
				  3000, regarding whether a participant
				  should be returned to prison. ACP cases shall be reviewed by the Division of Adult
				  Parole Operations (DAPO), and EACP cases shall be reviewed by the Division of
				  Rehabilitative Programs (DRP). When determining a participant's retention in the
				  program or return to prison, staff shall consider the totality of case factors,
				  including the participant's behavior and program participation while housed in ACP
				  or EACP. Reasons for return to prison may include, but are not limited to:
(1) Reasonable suspicion that the participant is
				  not complying with the terms or requirements of the program exists.
(2) The participant for any other reason no longer
				  meets the established criteria pursuant to section
				  3078.2.
(3) The electronic monitoring device is unable for
				  any reason to properly perform its function at the designated residence or
				  program.
(4) The participant's needs can
				  no longer be met by existing community programs.
(5) Local law enforcement has identified the
				  participant as a suspect in new criminal activity that if charged and found guilty
				  would result in a misdemeanor and/or felony conviction.
(6) A felony hold, warrant or detainer is received
				  by the department after an inmate is placed in the ACP or EACP.
(7) The participant requests voluntary
				  return.
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 › Article 6.8 - Community Based Programs › Section 3078.7 - Community Participant Mother Program - General Policy

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Community Participant Mother Program (CPMP) provides a community treatment program
				  that provides for the release of the mother and up to two children to a public or
				  private facility in the community suitable to the needs of the mother and
				  child(ren), which will provide the best possible care for the mother and
				  child(ren).
(b) If any woman received by
				  or committed to the Department of Corrections and Rehabilitation (CDCR), has a child
				  under six years of age, or gives birth to a child(ren) while an inmate under the
				  jurisdiction of CDCR, the child(ren) and their mother shall, upon their request, be
				  admitted to and retained in the CPMP, subject to meeting the eligibility
				  requirements for approval.
(c) The CPMP
				  is a voluntary custody program that allows eligible pregnant inmates and inmate
				  mothers the opportunity to be housed with their child(ren) in a supervised facility
				  away from the prison setting while serving their prison sentence.
(d) Inmates released for placement in CPMP shall
				  be subject to applicable rules and regulations governing inmates pursuant to the
				  California Code of Regulation, Title 15, Division 3.
(e) Child(ren) may participate in CPMP until they
				  reach the age of six years old, at which time CDCR will assist the inmate mother in
				  arranging for the child's care elsewhere under any procedure authorized by statute.
				  If the inmate mother is not pregnant and has no other child(ren) in CPMP, they shall
				  be returned to institution for review by a classification committee to determine
				  appropriate placement. Consistent with PC section
				  3421, the Board of Parole Hearings
				  (BPH) may give approval to retain the child and mother for a longer period of time.
				  A CDCR Form 415-E (Rev. 07/23) Community Participant Mother Program --
				  Recommendation to Board of Parole Hearings for Retain/Return, which is incorporated
				  by reference, shall be submitted to BPH for approval or denial.
Note: Authority cited: Sections 3414, 5058 and 6252, Penal
						Code. Reference: Sections 3416, 3417, 3421 and 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 › Article 6.8 - Community Based Programs › Section 3078.8 - Community Participant Mother Program - Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be
				  eligible for the Community Participant Mother Program (CPMP) each inmate shall
				  volunteer and submit a CDCR Form 415 (Rev. 07/23), Community Participant Mother
				  Program -- Application, which is incorporated by reference. Inmates shall be
				  screened for eligibility utilizing a CDCR Form 415-K (07/23) Community Participant
				  Mother Program -- Application Screening Worksheet, which is incorporated by
				  reference.
(b) The inmate shall be
				  pregnant or have one or more children, age 6 years or younger at the time of
				  application.
(c) The inmate shall have
				  been the primary caregiver of their child(ren) prior to incarceration, which means a
				  parent who has consistently assumed responsibility for the care, housing, and health
				  of the child(ren). The inmate shall not be excluded if, as primary caregiver, they
				  arranged for temporary care for the child(ren) in the home of a relative or licensed
				  foster home.
(d) The inmate shall have
				  legal custody of their child(ren).
(e)
				  If the child(ren) is a dependent of the Juvenile Court, the inmate shall receive
				  permission from the Court for the child(ren)'s placement.
(f) The inmate shall not have the child(ren)'s
				  placement challenged by the County Department of Child Services, the child's
				  caretaker, or guardian.
(g) The inmate
				  shall not have been declared to be an unfit parent by a court.
Note: Authority cited: Sections 3414, 5058 and 6252, Penal
						Code. Reference: Sections 3416, 3417 and 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 › Article 6.8 - Community Based Programs › Section 3078.9 - Community Participant Mother Program - Exclusionary Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Mandatory
				  exclusionary criteria for the Community Participant Mother Program (CPMP):
(1) A history of escape within the last 10 years
				  from a facility while under juvenile or adult custody, including, but not limited to
				  any detention facility, camp, jail, or state prison facility or inmates that have
				  been reviewed for escape and have been affixed with an administrative determinant of
				  ESC, as provided in subsection
				  3375.2(b)(9).
(2) A current or prior conviction for arson, under
				  Penal Code (PC) sections 450-455.
(3) A
				  current or prior conviction for a sex offense listed in PC section 667.6; an offense
				  that requires the inmate to register as a sex offender as provided in Chapter 5.5
				  (commencing with section
				  290) of Title 9 of Part 1 of the PC; an
				  "R" Suffix as provided in subsection
				  3377.1(b); or a
				  current or prior conviction for a sexually violent offense, as defined in Welfare
				  and Institutions Code section
				  6600(b).
(4) Felony detainer inquiry or active felony hold,
				  warrant, or detainer. Inmates with a detainer inquiry or active hold based solely on
				  their immigration status shall not be precluded from placement in a CPMP.
(5) The inmate has a current commitment or prior
				  conviction for a violent offense listed by PC section 667.5(c), with the following
				  exceptions:
(A) The Institution Classification
				  Committee (ICC) shall conduct a case-by-case review of inmates with convictions for
				  robbery or burglary, pursuant to paragraph (21) of PC section 667.5(c), to determine
				  if placement is appropriate.
(B) Inmates
				  with a conviction of any offense listed in PC section 667.5(c) other than burglary
				  or robbery, are only eligible for placement in the CPMP if an ICC determines there
				  were unusual or mitigating circumstances. The ICC shall consider all relevant case
				  factors, including, but not limited to, the passage of time since commission of the
				  offense, if the offense was committed in response to a physically abusive partner,
				  and, the inmate's participation in rehabilitative programming while
				  incarcerated.
(6) The inmate
				  shall be designated Medium-A custody or lower, as provided in subsection
				  3377.1(a). Inmates
				  designated Close or Maximum custody are ineligible.
(7) Restricted Housing Unit, Security Housing Unit
				  or Psychiatric Services Unit terms within the last 12 calendar months.
(8) In-custody misconduct equivalent to a division
				  "A-1" through "C" offense, as defined in section
				  3323, within the last 24 calendar
				  months, except for physical possession of alcohol, drugs, or drug paraphernalia
				  (distribution and trafficking offenses are exclusionary).
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 › Article 6.8 - Community Based Programs › Section 3078.10 - Community Participant Mother Program - Recruitment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At all
				  female institutions, the Associate Warden, Community Beds Coordinators, Reception
				  Center (RC), and the Program Services Division, are administratively responsible for
				  the identification, recruitment, and endorsement of inmates for the Community
				  Participant Mother Program (CPMP).
(b)
				  All correctional counselors shall be responsible to notify female inmates of the
				  availability of the CPMP and the application process.
(c) Inmates shall be notified of the CPMP
				  application process during RC processing and general population initial and annual
				  classification review. Upon notification, inmates shall sign a CDC Form 128-B (Rev.
				  4/74) General Chrono, which is incorporated by reference.
(d) Inmates shall be notified of the CPMP during
				  any scheduled orientation sessions in the RC and general population. During such
				  sessions, any interested inmates shall be provided with CPMP information
				  packages.
(e) The CDCR Form 415-D (Rev.
				  7/23), Community Participant Mother Program -- Notification, which is incorporated
				  by reference, shall be prominently posted in all inmate housing units, Law
				  Libraries, and common areas.
Note: Authority cited: Sections 3414, 5058 and 6252, Penal
						Code. Reference: Sections 3416, 3417, 3418, 3419, 3420 and 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 › Article 6.8 - Community Based Programs › Section 3078.11 - Community Participant Mother Program - Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  Correctional Counselor (CC) II Supervisor designated as the Institutional Community
				  Beds Coordinator shall track Community Participant Mother Program (CPMP)
				  applications and Classification Staff Representative referrals.
(b) All pregnant inmates and inmate mothers shall
				  be afforded the opportunity to apply for participation in the CPMP.
(c) Interested inmates shall complete the CPMP
				  application package and submit to their assigned CCI or directly to the
				  Institutional Community Beds Coordinator via institutional mail.
(d) The CCI shall ensure the application package
				  is forwarded to the Institutional Community Beds Coordinator no more than 5 business
				  days from receipt of the application package. The CCI shall provide relevant
				  information to assist the Institutional Community Beds Coordinator in determining an
				  inmate's eligibility on a CDCR Form 415-C (Rev. 07/23), Community Participant Mother
				  Program -- Assessment of Application, which is incorporated by reference, but shall
				  not be responsible to evaluate the inmate's eligibility for the CPMP.
(e) The Institutional Community Beds Coordinator
				  shall review the inmate's application package as appropriate, and other case
				  factors, to determine the inmate's eligibility for the CPMP. The inmate shall be
				  notified in writing of a determination of eligibility via the CDCR Form 415-F (Rev.
				  07/23) Community Participant Mother Program -- Determination of Eligibility, which
				  is incorporated by reference.
(f) The
				  Institutional Community Beds Coordinator shall be responsible for preparing the
				  inmate's case for presentation to the Institution Classification Committee (ICC).
				  Prior to the ICC hearing, the following forms shall be completed and available for
				  committee review: CDCR Form 415-A (Rev. 07/23), Community Participant Mother Program
				  -- Notice to Child's Caretaker/Guardian, CDCR Form 415-B (REV. 07/23), Community
				  Participant Mother Program -- Notice to County Children's Services, CDCR Form 415-H
				  (REV. 07/23), -- Community Participant Mother Program -- Authorization and Release,
				  and CDCR Form 415-L (07/23), -- Community Participant Mother Program -- Participant
				  Placement Agreement, which are incorporated by reference.
(g) The inmate is responsible for submitting birth
				  certificates for their child(ren) and any other court documents related to the
				  guardianship or custody of the child(ren).
(h) The Classification Staff Representative is
				  responsible for reviewing and endorsement of all CPMP cases.
Note: Authority cited: Sections 3414, 5058 and 6252, Penal
						Code. Reference: Sections 3416, 3417, 3418, 3419, 3420 and 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 › Article 6.8 - Community Based Programs › Section 3078.12 - Community Participant Mother Program - Transfer Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Division
				  of Rehabilitative Programs (DRP) maintains the statewide waiting list for the
				  Community Participant Mother Program (CPMP). When vacancies in the CPMP occur, DRP
				  selects inmates for transfer.
(b)
				  Transportation from an institution to CPMP shall be coordinated through the
				  institutional Community Beds Coordinator and DRP.
(c) Inmates who are scheduled to transfer to a
				  CPMP shall be required to dispose of excess property. Storage space is limited in
				  the facility, as some space must be used for the child(ren)'s belongings. Personal
				  televisions or tablets are not permitted in the CPMP program.
Note: Authority cited: Sections 3414, 5058 and 6252, Penal
						Code. Reference: Sections 3416, 3417, 3418, 3419, 3420 and 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 › Article 6.8 - Community Based Programs › Section 3078.13 - Community Participant Mother Program - Return

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Community
				  Participant Mother Program (CPMP) participants may be returned to state prison to
				  serve the remainder of their original sentence, with or without cause. Staff shall
				  conduct a Case Conference Review, as defined in section
				  3000, regarding whether a participant
				  should be returned to prison. CPMP cases shall be reviewed by the Division of
				  Rehabilitative Programs (DRP). When determining a participant's retention or return,
				  staff shall consider the totality of case factors, including the participant's
				  behavior and program participation while housed in the CPMP. Reasons for return
				  include, but are not limited to:
(1) The need for
				  extensive medical or mental health treatment, which is unable to be accommodated or
				  available at the CPMP.
(2) Voluntary
				  removal from the program.
(3) Program
				  failure.
(4) Security reasons requiring
				  higher custody, such as a pending action for a serious Rules Violation
				  Report.
(5) Violation of CPMP rules,
				  guidelines, or any determination, which cause the inmate to be deemed no longer
				  appropriate for CPMP placement.
(6) A
				  change in case factors which make the inmate no longer eligible for program
				  placement, or a change in case factors that requires a case-by-case review by the
				  Institution Classification Committee (ICC).
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 › Article 6.9 - Postrelease Community Supervision › Section 3079 - Postrelease Community Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
				  the provisions of the Postrelease Community Supervision Act of 2011, enacted in
				  Penal Code section
				  3450, all offenders
				  released from a CDCR facility on or after October 1, 2011, may be eligible for
				  Postrelease Community Supervision (PRCS).
(b) Inmates released to PRCS are discharged from
				  the department's custody and placed under the jurisdiction of a county
				  agency.
1. New article
					 6.9 (sections 3079-3079.1) and section filed
					 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to
					 Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Certificate of Compliance as to 6-26-2012 order transmitted to OAL 11-5-2012 and
					 filed 12-20-2012 (Register 2012, No. 51).
Note: Authority cited: Sections
						5058 and
						5058.3, Penal Code.
						Reference: Sections
						3450,
						3451 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 › Article 6.9 - Postrelease Community Supervision › Section 3079.1 - Postrelease Community Supervision Exclusionary Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following shall make an inmate ineligible for Postrelease
					 Community Supervision:
(a) An inmate
				  serving a current term for a serious felony, as described in Penal Code (PC) Section
				  1192.7(c) or
				  1192.8.
(b) An inmate serving a current term for a violent
				  felony described in PC section
				  667.5(c).
(c) An inmate serving a life term.
(d) An inmate who is determined by the California
				  Department of Corrections and Rehabilitation to be a High Risk Sex Offender, as
				  defined in section
				  3582.
(e) Any inmate who is determined to require a
				  condition of parole as an Offender with a Mental Health Disorder, pursuant to PC
				  section 2962.
(f) The inmate is subject to a period of parole
				  exceeding three years at the time they committed their current offense, pursuant to
				  PC section 3000.
1. New section
					 filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26).
					 Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Certificate of Compliance as to 6-26-2012 order transmitted to OAL 11-5-2012 and
					 filed 12-20-2012 (Register 2012, No. 51).
3. Change without regulatory
					 effect amending subsection (e) filed 6-7-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 23).
Note: Authority cited: Sections
						5058 and
						5058.3, Penal Code.
						Reference: Sections
						3451 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 › Article 7 - Furloughs and Temporary Leave › Section 3080 - Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Institution and parole division staff will administer inmate
					 work and educational furloughs and temporary community release programs in a prudent
					 manner, and in keeping with the basic need for public protection.
Comment: Former DP-1701, policy, general.
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 › Article 7 - Furloughs and Temporary Leave › Section 3081 - Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Inmates who are granted a furlough or temporary leave must
					 comply with all departmental rules and regulations governing such programs; with any
					 conditions for approval; and, with all applicable laws; and must meet eligibility
					 requirements in accordance with departmental procedures and Sections
					 2690,
					 2691,
					 6250 et seq.,
					 6263 of the Penal
					 Code and Section
					 3306
					 of the Welfare and Institutions Code.
1. Amendment
					 filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
Note: Authority cited: Section
						5058, Penal Code.
						Reference: Sections
						6250-
						6253 and
						6260, Penal Code;
						and Section
						3306,
						Welfare and Institutions 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 › Article 7 - Furloughs and Temporary Leave › Section 3082 - Temporary Leaves

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Temporary leaves will be granted only for inmates who meet the
					 criteria for such leaves, as prescribed in guidelines established by the Secretary,
					 for the following reasons:
(a) Family
				  Emergency. Emergency leaves will normally be considered only for attendance at
				  services for deceased members of the inmate's immediate family, and for visits to
				  critically ill members of the inmate's immediate family. Immediate family members
				  are defined in section
				  3000.
(b) Prerelease Planning. Prerelease planning
				  leaves may be considered for the purpose of employment interviews, making
				  residential plans and for other reasons closely connected to release programs. A
				  prerelease leave will not normally be granted earlier than 63 days before the inmate
				  has an established or reasonably anticipated release date nor any earlier than is
				  required to accomplish the purpose of a prerelease leave.
1. Amendment
					 filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
					 12).
2. Amendment filed 8-22-79; effective thirtieth day thereafter
					 (Register 79, No. 34).
3. Amendment of subsection (b) filed 9-24-81;
					 effective thirtieth day thereafter (Register 81, No. 39).
4. Change
					 without regulatory effect amending subsection (a) filed 12-2-2003 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2003, No. 49).
5. Change without regulatory effect
					 amending first paragraph filed 3-11-2013 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2013, No. 11).
Note: Authority cited: Section
						5058, Penal Code.
						Reference: Sections
						2690 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 › Article 7 - Furloughs and Temporary Leave › Section 3083 - Court Hearing on Inmate's Children

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon a court order, inmates will be released to the custody of
					 the sheriff for appearance in court in actions concerning termination of parental
					 rights of an inmate or other parental or marital rights.
1. Editorial
					 correction of printing error (Register 92, No. 5).
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 › Article 8 - Inmate Sexual Safety › Section 3084 - Inmate-on-Inmate Sexual Violence, Staff-on-Inmate Sexual Misconduct, and Sexual Harassment of Inmates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A grievance
				  in whole or part containing allegations of inmate-on-inmate sexual violence,
				  staff-on-inmate sexual misconduct, or sexual harassment of inmates shall be
				  immediately reviewed by the Hiring Authority or designee. The inmate shall not be
				  required to use any informal grievance process, or otherwise attempt to resolve with
				  staff, an alleged incident of inmate-on-inmate sexual violence or staff-on-inmate
				  sexual misconduct. When the grievance alleges or indicates that the inmate may be in
				  substantial risk of imminent inmate-on-inmate sexual violence, or imminent
				  staff-on-inmate sexual misconduct, then a risk assessment shall be immediately
				  undertaken.
(b) An inmate shall not
				  submit a grievance on behalf of another person unless the grievance contains an
				  allegation of inmate-on-inmate sexual violence, staff-on-inmate sexual misconduct,
				  or sexual harassment of any inmate.
(c)
				  Staff-on-Inmate Sexual Misconduct.
(1) There shall
				  be no time limit for allegations of staff-on-inmate sexual misconduct.
(2) A risk assessment determination of all
				  staff-on-inmate sexual misconduct related grievances shall be immediately completed
				  by the Hiring Authority to determine if the inmate is in substantial risk of
				  imminent staff-on-inmate sexual misconduct. If the assessment results in a
				  determination that the inmate is in substantial risk of imminent staff-on-inmate
				  sexual misconduct, the Hiring Authority shall take immediate corrective
				  action.
(3) The Hiring Authority shall
				  provide an initial response to the inmate within 48 hours.
(4) An initial risk assessment shall be documented
				  within 48 hours and the completed risk assessment determination by the Hiring
				  Authority shall be documented within 5 calendar days describing whether the inmate
				  was determined to be in substantial risk of imminent staff-on-inmate sexual
				  misconduct and the action taken in response to the grievance.
(5) The inmate may consider an absence of a timely
				  response at any level a denial at that level.
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 › Article 8 - Inmate Sexual Safety › Section 3084.8 - Appeal Time Limits. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51).
					 Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and
					 filed 7-28-2011 (Register 2011, No. 30).
3. Amendment of subsection (b),
					 new subsection (b)(4) and amendment of NOTE filed 10-20-2016; operative 10-20-2016
					 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 43).
4. Repealer filed 3-25-2020 as an emergency;
					 operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code section
					 5058.3, a
					 Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency
					 language will be repealed by operation of law on the following day.
5.
					 Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to
					 Executive Order N-40-20 and an additional 60 days pursuant to Executive Order
					 N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to
					 OAL by 3-9-2021 or emergency language will be repealed by operation of law on the
					 following day.
6. Repealer refiled 2-25-2021 as an emergency; operative
					 3-10-2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive
					 Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate
					 of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be
					 repealed by operation of law on the following day.
7. Repealer refiled
					 10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code section
					 11346.1(d)
					 (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by
					 1-6-2022 pursuant to Government Code section
					 11346.1(h)
					 or emergency language will be repealed by operation of law on the following
					 day.
8. Certificate of Compliance as to 10-4-2021 order transmitted to
					 OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Section
						5058, Penal Code.
						Reference: Section
						5054, Penal Code;
						Civil Rights of Institutionalized Persons Act; Title
						42 U.S.C. Section
						1997 et seq.,
						Public Law
						96-247, 94 Stat. 349; and
						28 CFR Sections
						35.107 and
						115.52.