State of California

Memorandum
Date August 30, 2011
Department of Corrections and Rehabilitation
To
Regional Parole Administrators
District Administrators
Unit Supervisors
Parole Agents Interim I)olicy No.: 11-] 4
SUbJect:
2011 PUBLIC SAFETY REALIGNMENT LEGISLATION:
OCTOBER 1, 20ll
EFFECTIVE
This interim memorandum addresses the most subst,mti ve components of the 201 1 Public
Safety Realignment Legislation, which are dcfll1ed under Assembly Bills (AB) ]()C) and \17.
On October 1, 2011, the legislation will go into effect, ,md create two types of supervised
parolees; (l) Parolees on State Parole, and (2) Post Release Community Supervision (PRCS)
offenders on county supervision. The realignment process will require a State-to-county
authority transfer, ,md represents a multi-year transition that wil1 substantially reduce the
Division of Adult Parole Operations' (DAPO) parolee population over the next three years.
The following areas of the DAPO parole process consist of bulieted information that will
explain changes to existing processes or note unchanged procedures in significant areas. The
subsequent infonnation will not cover the ensuing amendments to the new legislation and
should not be considered an exhaustive overview of the legislation, which must be read for a
thorough understanding of ABs ] 09 and 117.
Effective October 1,2011
Count'll Jail Booking Procedures
Under no circumstance will a parole violator be directly booked or transferred to a State
pnson.
Parolees arrested for alleged technical violations and/or new criminal charges will
continue to be booked into county jail facilities under Penal Code (PC) Section 3056
parole holds.
All violators who have been medically cleared by jail staff shall be booked into a county
jail facility.
County jail s ~ a f I . s h a l l not typically be permitted to reject medically cleared violators into
their facilities) However, in the rare event a medically cleared violator is denied booking
into a county facility, the Agent of Record (AOR) shall maintain custody of the felon
and contact his or her immediate supervisor for further instruction. If the Unit
Supervisor (US) is unable to resolve the noted rejection, the matter shall be escalated up
the chain of command for immediate review and disposition.
DAPO shall not incur any fees from county agencies for the aforementioned actions.
Regional Parole Administrators
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DAPO Revocation Process
The Valdivia timclines and the designation orthe Board of Parole Hearings (BPH) as the
Parole Authority shall remain in effect through
July 1,2013.
The BPH will be limited to ImpOS1l1g a maXImum of ] 30 days of revocation, with
automatic day-for-day credit, Cor a maximum of ')0 days in-custody revocation lime.
Eligible (E) or Ineligible (1) time credit shall Cease to exist.
All DAPO parole violators shall serve their revocation time in 8 coumy jail facility and
shall not be returned to State prison, with the exception of Ii fers who fall under PC
Section JOOO.1.
While in the county jail, the AORs shall be responsible fcu tracking matters impacting
caseload, including pending release date changes for DAPO offenders, , in conjunction
with their nOffi1al workload responsibility, utilizing all applicable county and State
databases.
Effective October 1,2011, Sexually Violent Predator screenings Cor parole violators will
no longer occur.
e Prior to October 1, 2(J 11, the local authorities shall have a standardized jail release
process in place, which alerts the AOR prior to early release. The preferred method
of contact will be electronic mail by way of the Law Enforcement Automated Data
System (LEADS) system. Parolees who fail to report tel their A01\ subscquenl to relcase
as required by their conditions of parole, may be considered at large and shall be
reviewed in accordance with DAPO Policy Number 08-03, Policy and Procedures For
Submitting Warrants For Parolees Unavailable For Supervision.
Parole staff shall not be responsible for requesting gate monies owed as a result of' a
rcvocati on.
.JurisdictionfDAPO Revoked Offenders/EarlY Release
When DAPO oiTenders are housed in a county facility, the offender shall be under t11e
legal custody and jurisdiction of the county. When released from custody, DAPc)
offenders shall be returned to the jurisdiction of DAPO lc)r the cl uration of their parole.
While in a county jail facility, DAPO parolees are subject to early release consideration
as deemed necessary by each respective facility's operational needs and capacity. As an
example, a parolee revoked for ')(J days may be released after serving 30 days of his or
her imposed revocation time, ifthc jail is reaching their Federal mandated capacity.
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As a matter of record, early releases shall be documented on a California lkpartment of
Corrections and Rehabilitation (CDCR) Form 16S0-D (Rev. 07/10), Record of
Supervision, by the AOR.
DAPO Case Records will be resronsiblc for recalculation of Revocation Release Dates
and Controlling Discharge Datc whcn a parolec is releascd prior to completing the ncrioc]
of revocation imposr:d by the BPH,
While serving revocation time in a county jail facility, in-custody misconduct will be
handled exclusively by county staff and will not warrant further action by DAPO.
Therefore, neither supplemcntal nor new violation charges shall be required.
Additionally, a process will be in place for the counties to notify DAPO of the change in
release dates resulting from an in-custody misconduct, to allow f()!' DAPO Case Records
to update thc Revocation Eelease Date and Controlling Discharge Date, when applicable.
High-Risk Releases Pursuant to PC SCCtiOll :106n.7
PC Section 3060.7, as well as existing DAPO policy, calls for particular considerations
for the highest control or risk classifications by the Department. This includes special
reporting instructions, modified release dates, agent pick-up, and 24-hoUl' parole
suspcnSlOn.
Pursuant to this legislation, the aforemcntioned considerations, 'vvitb the exception of the
requirement to submit a warrant request within 24 hours of a parolee failing to report,
shall not apply for offenders serving a pcriod of revocation in a county jail, However, as
warrantcd, the US shall maintain the discretion to order jail pick-ups,
Flash 1ncarceration
Flash incarceration is incorporated in the A13 ) 09 legislation. However, pcnding further
negotiation between the CDCR and Valdivia plaintiff" s attorneys, the use of flash
incarceration is not authorized at this time, A separate pulicy memorandulTl outlining Dash
incarceration procedures will be released at a later date,
Six-Month Discharge Consideration
Effective October 1,2011, the legislation will allow for the review anel subsequent discharge
of offcnders who do not fall under scrious offcnses pursuant to PC Sections 1] CJ2,7(c), or
] 192.8, violcnt offenses pursuant to PC Section 667.5(c), or sex offenders rcquiring to
register pursuant to PC Section 290, Thcrefore, parolees who have remained on continuous
Regional Parole Administrators
District Administrators
Unit Supervisors
ParoIe Agents
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parole six months prior to the noted date (March 1, 201] -October 1, 2(11) shall be
considered for discharge. Subsequent to October 1, 2011, eligible parolees will be reviewed
every six Illonths for discharge consideration.
AdditiUmLl inforrnatiol1 wlll be forthcoming in a separate illemoranc\llD1 in the coming wceks;
DAPO Policy Number 09-0], Disellarge Policy and Procedures, should b ~ ~ referenced for
ineligible parolees.
Court "Va lI{Overs
The processing of court walkovers shall remain under the direction of D!\PO Policy
Number 06-28, Processing Commitments Sentenced Pursuant to PC Section 1170(a)(J)-
Direct Release from Court, and Policy Number ] 0-04, Definition of High Risk Sex
Offenders (DAPO intranet policy page). However, prior to October], 20]], the courts
shall establisJ] a standardized procedure by which PReS's toffenders under the
jurisdiction of the counties) and DAPO offenders are clearly delineated and S811t to the
proper jurisdiction. DAPO shall ensure cases received from the COUJ1 have been directed
to the appropriate jurisdiction.
DAPO staff shall not proces::: 8nd/or supervise cases that belong to the county. County
cases inadvertently sent to f)APO shall be redirected back to the court ofjLlriscliction for
appropriate reporting instructions. Thc reviewing Agent shall immediately contact the
Re-Entry Unit, who will in turn contact the appropriate county for reponing instructions.
The Re-Entry Unit shall maintain a record of all cases that are inadvertently sent to parole
supervIsIon.
Non-Revocable Parole
Effective immediately, the screening of Non-Revocable Parole (NI\P) cases will be
discontinued. Currcnt NRPs shall remain under the DAPO jurisdiction until dischurg,ed.
Pursuant to discharge eligibility established by realignment, parolees currently on NRP wi]1
discharge after six months of continuous parole, by operation of law.
Screening Pre-Parole Pacl(cts
Pre-Parole packets that have been distributed to the field units shall be completed uncleI'
existing timelines. Although some of these cases may be directed to PEeS supervision,
DAPO must continue to process packets in the event there is a postponement or change to
current legislation.
Regional Parole Administrators
District Administrators
Unit Supervisors
Parole Agents
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The Divisi on of Ad ul t Institutions CDAI) is conducting a rescreening 0 f pre-p3ro Ie cases
that are pending release OIl and aher Uctober I, 2011, lo determine PRCS. Associmed
revised CDCI\ Form () I I(s) (Rev U7/lt), Release Program Study, will be sent to the
respecti ve Re-Entry LJni ts dcnotin g those offenders who will be diverled to PReS upon
release. IZe-Entry lJnits "viiI be responsible for forwarding the CDeR Form Gi i (S) to
their respective Parole Units.
The Parole Placement and Planning staff will be responsible for updating Cal Parole to
indicate "PRCS" as the assigned unit, in place of DAPO field unit designation,
DAI will send a copy of the recently revised CIJCR Form 61l (first page only) to the
respective Re-Entry Unit. This document wi] [ serve as proof of screening, and will be
attachcd to the previously issued CDCR Form 611 (Rcv. 10/(6), fOl both cases going to
the county, and for those rcmaining under the supervision ofDAPO. Upon receipt of the
updated list and the revised CDCR Form () I j (Rev. 07/] 1), cases designated as VRCS
will no longer need a completed pre-parole packet from the Parole Unit; existin[! field
files shall be closed out.
The field flies for PReSs shall be retained and proccssed consistent with DAPCl
Policy 1] -07 Field rile Retention and Dispositions Policy and Procedures.
The aforementioned sections represent the most significant chan[!es to the parole process
at this juncture. However, effective .July 1, 2 ( ) 1 ~ , additional changes will be implemented,
a1 whieh time the courts will assumc the role of the Parole /\ uthority from the BPH,
and be responsible for the discharge, warrant, and hold process.
Modifications to CalParolc and the Law Enforcement Automated Database Svstem
(LEADS)
The CalParolc database will be updated with new unit codes, which will idcl1tif)/ those
offender:; who fall under the jurisdiction of the cauntie:; through their PReS status as well
as the specific county they were released to,
The LEADS database will provide a pop-up flag with additional information for law
enforcement to identify a PRCS offenders.
Each eounty will have aPTZCS clesignMion in CalParolc, /\ list of those county PRCS
designations is attached for informational purposes.
II All information cUlTcntly in CalParole for DAPO offendcrs will remain unchanged.
Regional }Jarole Administrators
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Unit Supervisors
Parole Agents
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This is undoubtedly a very difficult transition for all staff, but \vlth your continued support
and patience I am confident we will see this period through as we have in the past.
Aelditional information and training wi]] he forthcoming prim to the Octuber 1, 2011
legislative implementation elate. In the interim, please contact Lori Macias-Price. Parole
Administrator, al (916) 323-04tA, or Rodney Gray, Parole Administrator, al (9] 6) 445-47:'17
iClr additional information.
_ .....---r-', -
". ( , )
Q..-A-Ji ::;:S" .
ROBER ,1.Nt8ROSELLJ
Director
! Division of Adult Parole Operations
Attachmenl
cc: Matt Cale
Scott Kernan
Teni McDomml
Margarita Perez
TflTIva Rothchild
Jennifer Shaffer
Rick Winistorfer
William Cuellar
William Dunkak
l'inaJ Crime Exclusion List
Adll1l1llstering stupefying drugs to assist In comnllssion of a felony
ILlttery against il juror
Gassing of a peilce officer or local detention facihty employee
I\bduction or procurement by fraudulent inducement for prostitution
Purchasing a persoll for purposes of prostitution or placing a person for imll10ral purposes
Sale of a person for immoral purposes
Pimping and pimping a mll101
l'allClering and pandering with a minor
Procurement of a child under age 16 for 01' laSCIVIous acts
I"ciony child abuse likely to produce great bodily injury or death
ASS,lult resulting 1Il de,ltb of ,I cbildunclel' age n
Felony domestic: violence
l'oisoning or ,Idulterating food, drml" medicll1c, ph,lrmaceutlcal product, spnng. well, reserveJlr, 01' putJllC water
Felony pbyslcal abuse: of ,m 1,lder 01' dependent adult
Brandlslung firearm or deadly weapon tI, aVOid alTest
Unlawfully causing a fll'e tbat causes ,m inhabited stl'llclure or inhabited property to burn
l'e1ony stalking
SoliCitation for murder
Possession of a firearm by ,I prohibited person
Possession of an explosive or destructivl' dc,vice
Escape
Possession of <l controlled substance while, armed with ,I firearm
Ev,ldmg a peace officer by drivlllg in a willful or wanlon disregard for salety of persons or property
Evading ,I peace ollicer cansing death or serious bodily mjury
Hit and run drivmg causing death or injury
Feiony drivmg under the influence causing mjury
Felony convictions with a Penal Code Section 186.11 ennanccmcnt
Bribing an Executive Officer
Executive or Ministerial Officer I\ccepting a Bribe
Bribing a Leglsliltor
Legisliltor Excepting a Brihe
judiciall3ribery
Peace Officer intentionaliy Plantin:: Evidence
Local Official AcceptJn!', a Hrilw
Mlsappropnallon of Public I'unds
Embezzlement of Public Funds
Conflict of by Public Officer or Employee
Taklllg Suhordinate' Pay
Destruction of Documents
Public Offrcial Whu Aids and Ahets Voter Fraud
Assault on a Peace OfliceI'
Persuading, Lunng, or Transporting a Minor U
Employment of Minor tu Sell Contl'Olleci Substance
Employment of Minor to Sell CIlI1trolleci Substance
Use' of Minor tu Transport/Possess/Possess for Sale
Employment of Minor to Sell Mari)uan"
Brandishing Firearmm Presence of Pcace Officer
Brandishing Firearnl or Deadly Weapon to i\esist Arrest
Vehicular Manslaughter Illtoxic,lted
Knowningly Exposes Someone to HIV
I(nowllmgly I'acihmtes the Collection of Wrongfully /Itlributed DN/I Specimlnes
Wrongful Use of DNA Specimines
Criminal C'lI1g Activity
Street Gang Activity
Gang IZegistl'ation Violation
Possession or Importation of Horse Meat
Sale of Horse Meat
Manufaclure/DsitrilJutloll of F'llse Documents for Citizenship Purposes
of False Documents for Citizenship Purposes
Code Section
PC 222
PC
PC L'13.9
PC 266J
PC 266e
PC 266f
PC 266h
)Jr'
2661 c,
PC 2tJ6]
1'('
')'7').
'-'i.le!
PC :2 7:-{(lb
PC
suppiy PC :,-17
1'" :)(,fJI, l,
PC 'i 1j', 1\
PC
1r ')

PC
64C,.'j
!W
6:,:J f(b]
PC i Z021/12021.J
p
r
l,
PC
4 r '
1
')

)IS lU7U.l
VC 2UOO.2
VC 2W)(U
VC 200Ul
VC ::::115:J
PC 186.11
PC 67
PC 68
PC B:;
PC [lC,
PC 92/'J:j
pr
1 .L
!'C
PC ItL '1
PC :'04/:'11
GC 10'JO/I0lJ7
[!'
l1CJ5
".
C;C: ]U55
1"" H1501
.,c,
PC 21 S( d]
PC nZ(b]
11:; 113::;3
lIS 1LF;4
liS 11 :JflO(a)
liS lU61(a](b]
PC '117( c)
PC 417.tI
PC 1CJ (c]
lIS 120ZCJl
I'C Z")fO.Z
PC
I'C 186.22
I'C 1[16.Z6
PC 1U6.:U
PC SCJ[lc
PC SCJ8d
PC 113
PC: 114