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 4 - General Institution Regulations › Article 10 - Classification › Section 3379 - Inmate Transfers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Transfer
					 requirements.
(1) Unless exempted within this
					 subsection, any inmate transfer shall require a classification committee action and
					 endorsement by a classification staff representative (CSR) or expedited transfer
					 approval by the Chief of the Population Management Unit. A classification committee
					 action and CSR endorsement is not required in the cases of expedited transfers
					 warranted under emergent circumstances, including but not limited to inmate medical
					 or mental health needs and transfers from one restricted housing unit to a similar
					 restricted housing unit. Additionally, a classification committee action is not
					 required for an inmate transfer from a reception center.
(2) An inmate for whom a recall of commitment
					 report under provisions of Penal Code Section
					 1170(d)
					 is required, shall not be transferred, unless for emergency medical treatment, until
					 the report is completed. Reception center process cases shall be excluded from this
					 provision.
(3) Except in emergencies or
					 for special housing, inmates shall not be transferred within 90 days of their
					 release date, or within 90 days of a Board of Parole Hearings (BPH) appearance. If a
					 case requires transfer within the 90-day period, the appropriate BPH report shall be
					 completed by the sending institution prior to the transfer.
(4) A warden or superintendent may temporarily
					 suspend a scheduled inmate transfer. Such suspension shall constitute a
					 classification action and be recorded on a chrono as provided by section
					 3375(a)(2) of these
					 regulations, including the reason for the action and a recommendation for an
					 alternative program assignment.
(5) If
					 an inmate has not transferred within 90 days of CSR endorsement, the sending
					 institution shall report that fact to the Chief, Population Management Unit, who
					 shall prioritize the transfer based on bed availability or present the case to the
					 next CSR for alternative action.
(6)
					 Transfer to another state. Transfer of a California prison inmate to an out-of-state
					 prison facility shall not occur prior to the inmate signing a CDC Form 294,
					 Interstate Compact Placement Agreement, witnessed by the institution head or
					 delegate.
STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
CDC 294 (REV 7/88)
INTERSTATE COMPACT PLACEMENT AGREEMENT
DATE:
I, ______________________________, of my own
								free will and accord do hereby agree to accept transfer from an institution of the
								California Department of Corrections to an institution of the State of
								______________________________.
I am aware that prior to the scheduled
								transfer I may revoke my consent to transfer.
(CCR 3379)
I am aware
								that I may be entitled to revoke my consent and transfer to an institution within
								California at any time more than five (5) years after transfer. In such case, the
								transfer shall occur within the next 30 days.
I am aware of my right to private consultation
								with an attorney of my choice concerning my rights and obligations under California
								Penal Code Section
								11191 prior to
								consenting to such a transfer.
I have exercised that right: Yes __________,
								No __________.
I waive my right to consultation with an
								attorney: Yes __________, No __________.
I understand that I am expected to remain in
								an institution within the state to which I am transferred until my release unless I
								am returned to California by the California Department of Corrections.
I understand that security, treatment,
								training and care for me will be in keeping with the standards for such programs as
								administered in California. I understand that my hearings for parole consideration
								and determination of sentence will be conducted on the same basis as if I were in a
								California institution.
___________________________
___________________________
Witness
Inmate's Signature
___________________________
CDC Number
Distribution:
Inmate's Central File
Transporting Officer (For the receiving
								institution)
(7)
					 Transfer to a federal prison. Transfer of a California prison inmate to a federal
					 prison facility shall not occur until:
(A) The
					 inmate has been informed of the right to private consultation with an attorney their
					 choice concerning rights and obligations pursuant to Penal Code section
					 2911.
(B) The warden or superintendent or delegate has
					 witnessed the inmate's signing of a Federal Prison System Placement Agreement
					 consent form and an acknowledgement of having been informed regarding rights and
					 obligations.
(8) An inmate
					 may, prior to scheduled transfer, revoke their consent to transfer to out-of-state
					 or federal prison.