Misc Flashcards
What are the 4 classification levels
LVL 1: 0-18 (MSF/CAMP if they have no precluding factors, but can be housed at Level-II with VOC, SCH, & MED O/Rs. Also POP O/R. Dorm & cell approved)
LVL 2: 19-35: (Can be housed at MSF with WOR O/R or CAMP with CAM O/R if they have no precluding factors. Dorm & cell approved)
LVL 3: 36-59: (Can be housed at Level-II with BEH O/R. Only cell approved)
LVL 4: 60 and above: (Can be housed at Level-III with BEH O/R. Only cell approved)
Ultimately, the classification process is a score system to properly house IPs based on their, needs, interest, placement score, behavioral programming, as well as institution’s programs, security and public safety while classifying the IP at the lowest level possible.
What type of VIO Reviews are there and when do you use them?
4 Element VIO Review: (4 point removal)
1. Circumstances of the offense,
2. Positive in-custody review
3. Negative in-custody review
4. Safety of public, staff and IP’s.
Used for REMOVAL consideration of a VIO AD that was imposed automatically or imposed via a six point CBC review, as long as no other offenses or enhancements are attached to that same offense that require an 8-point review.
6 Element Review: (6 to affix)
1. Circumstances of the offense
2. Extent of Injuries
3. Rationale of the offense.
4. Criminal Intent or Negligence
5. History of Similar Acts
6. Safety of public, staff and IP’s
Used for reviewing an offense, enhancement, or a DIV-A1/A2 RVR meeting criteria PC667.5 and 3375 that occurred on or after February 20, 2017 for a VIO that has not been reviewed prior, to consider AFFIXING a VIO during a required review within 7 years of the offense date.
8 Element Review:
1. Circumstances of the offense
2. Extent of Injuries
3. Rationale of the offense.
4. Criminal Intent or Negligence
5. History of Similar Acts
6. Safety of public, staff and IP’s
7. Positive in-custody review
8. Negative in custody review
Used for REMOVAL CONSIDERATION of a VIO, which has an outstanding six point CBC review for a conviction, enhancement or equivalent finding DIV-A1/A2 RVR equivalent to PC667.5 that occurred on or after February 20, 2017. This is for a VIO REMOVAL CONSIDERATION if there is any offense(s) or enhancement(s) attached to that same offense that have not been reviewed prior. (EX: An IP gets a VIO AD for PC187 Murder but has an enhancement of 12022.7 GBI). Once an 8-point review is done for an offense(s), only a 4 point would be required for removal consideration going forward.
Also used for CONSIDERATION of AFFIXING a VIO AD for new offense that has not been reviewed prior if the offense occurred over 7 years ago.
It is also used for CONSIDERATION of AFFIXING a VIO during a non-required review. (EX: PC273.5 Inflict Corpral Injury on Spouse or Cohab.)
What tabs do we update in the Special Program screenings?
1.Alternative Custody Placement (List preclusions)
2. Conservation Camp Program (List preclusions)
3. Community Prisoner Mother Program
4. Female Rehabilitation Community Correctional Center
5. In-Custody Sex Offender Management Program
6. Minimum Support Facility (List preclusions)
7. Permanent Work Crew
8. Reentry program
9. Substance Abuse Treatment
How long do you have to complete an Annual Review?
It may be conducted (30) days prior to the inmates review period ending date, during the month due, or (30) days after that date. No matter when the committee hearing is held, the inmates previously established review period shall remain the same. (Note: if the committee is completed prior to the established review period, it provides possibility that serious negative behavior or below-average performance could occur subsequent to the annual review committee hearing, but prior to the review period ending date. If this occurs, a reevaluation of the inmate’s score as documented on the CDC form 840 shall be necessary and may require a correction to the score sheet.)
How long do you have to complete a post board review?
You have 15 days within receipt of the official notice of a BPH decision regarding the inmate.
What are ADA worker exclusions?
- No RHU term in the last 6 months.
- No sexual Misconduct in the last 12 months.
- No battery against any person in the last 12 months.
- No participations in a riot in the last 12 months.
- No history of extortion (Blanket exclusion)
- No threats against anyone in the last 12 months.
- No possession, use, or distribution of a controlled substance in the last 12 months.
What is the close custody criteria pursuant to 3377.2 (b)(1)(A)?
Remember 1,1,3,5,5,8,10,10,Life.
ONE (x2)
1. Security Concern- Designated Security Concern by ICC = 1 Year Close custody.
2. Division A1 or A2 RVR = 1 Year Close custody. (may be continued up to 2 years thereafter. When the IP has met the minimum close custody time requirement, the 12 month serious disciplinary free period is no longer required. PER TITLE 15- (1) After completing the minimum time requirement for Close Custody as established in 3377.2(b), an incarcerated person’s custody shall be considered for reduction by a classification committee during the annual classification review.
THREE
3. Plotting or planning an Escape = 3 years Close custody. (Extra - An incarcerated person shall not be considered for a reduction in custody prior to the established minimum time requirements in subsection 3377.2(b) when the Close Custody requirement is based on escape history, detainers of disciplinary history.)
FIVE (x2)
4. Detainers. An incarcerated person with an active law enforcement detainer for an offense with a possible penalty of death, Lifetime incarceration, or a total term of 50 years or more shall serve at least 5 years at Close Custody upon placement of the detainer.
5. Lengthy Sentence- LWOP, One or More Life Terms, 25 Years or more to serve = 5 years Close custody. (if close custody is based soley off of lengthy sentence it shal be reviewed after 1 year and may be removed.)
EIGHT
6. Escape History- Convicted of or found guilty of a Disciplinary Report of escape or attempted escape WITHOUT force from a correctional setting or armed escort = 8 Years Close custody. (Escape History. For Close Custody purposes only, an incarcerated person who leaves a non-secure facility without permission and without force and who fails to return is not considered to have escaped.)
TEN (x2)
7. Escape History- Convicted of or found guilty of a Disciplinary Report of escape or attempted escape WITH force from a correctional setting or armed escort = 10 Years Close custody.
8. Murder of an inmate = 10 years Close custody.
LIFE (x1)
10. Disciplinary History- In Custody Murder of Non-Inmate/peace officer = Lifetime Close custody.
EXTRA Knowledge
1.Close Custody can be placed on an inmate for up to 5 years if the inmate has a “long time to serve” (25 years or more). However, it must be reviewed on a yearly basis and may be removed if having “A Long Time To Serve” is the only controlling factor. An incarcerated person assigned to Close Custody based solely on the current term length, who is not excluded from review, shall be considered for reduction at the first annual classification committee review after close custody was established.
- The period of time spent unclassified during reception center processing shall count toward fulfilling the minimum close custody time requirement. If an incarcerated person [IP] is retained at closed custody, the classification committee shall document the reasons for retention at close custody. However, no time spent at Maximum Custody shall be applied toward satisfying the Close Custody minimum time requirement.
- Departmental Review Board (DRB) approval is required to assign a Close custody designation to an IP who does not meet case factor criteria established in section 3377.2 (b).
- When a court action, subsequent to an IP’s initial classification, and custody designation for the original sentence, increases the IP’s remaining time to serve, and the IP time to serve did not previously warrant close custody or now requires a longer minimum time period to be served at lower custody towards fulfilling the required minimum time period for closed custody. After granting credit for the time served at the lower custody, if the IP’s has not completely fulfilled the required minimum time period for closed custody, an ICC shall evaluate the totality of the IP’s case factors to determine whether to impose the remaining Close custody obligation or allow the IP to remain at the lower custody designation.
- When an incarcerated person paroles or discharges prior to fulfilling the required minimum time period for Close Custody per section 3377.2(b) and later returns to prison, any time remaining to fulfill his Close Custody requirements from his prior term shall not be reimposed.
Family visiting exclusions
- Inmate has violent offenses with or without a criminal conviction, involving a minor or family member, or any sex offense, not limited to PC187. (Extra- IP minor vs Victim minor 5 years, IP adult vs victim minor 10 years, IP vs victim Family member 5 years.)
- Inmate is assigned to a reception center or RHU.
- Inmate is privilege group C/C (C-Status)
- Inmate is close custody
- Inmate has Life Without Parole (LWOP) or is condemned.
- Inmate has been found guilty of distribution of controlled substances while incarcerated in a state prison.
- Inmate has been found guilty of 1 or more division A or B offenses in the last 12 months.
- Visitors are not approved visitors.
- Visitors are not immediate family. (Wives, husbands and domestic partners and their children)
- Does not have any restrictions in place or special conditions required such as non-contact only.
Per title 15
(2) Family visits shall not be permitted for incarcerated persons who
are in any of the following categories:
(A) Designated Close Custody;
(B) Designated a condemned incarcerated person;
(C) Assigned to a reception center;
(D) Assigned to a Restricted Housing Unit;
(E) Designated “C” status;
(F) Guilty of one or more Division A or Division B offense(s) within
the last 12 months; or
(G) Guilty of distribution of a controlled substance while
incarcerated in a state prison, under subsection 3016(d). Loss of family
visiting (overnight) in accordance with subsection 3315(g)(5)(H).
ACP Screening Case BY Case Exclusions
- Validated STG-II member or associate.
- Current or prior conviction for stalking.
- Prior ACP participation that resulted in return to an institution
- Current or prior Arson conviction.
- No appropriate transitional facilities available.
- Any conviction listed as a violent felony per PC667.5
CAL ID exclusions
- Active felony hold
- No social security number
- No previous issued ID/DL from CA DMV
MCRP case by case exclusions
- VIO AD imposed, or review pending based on a conviction for an offense NOT listed in PC section 667.5(c)
- Current or prior violent felony conviction
- Current or prior sexual conviction which does NOT require PC section 290 registration.(No R Suffix imposed)
- Current or prior child abuse arrest, convictions, or good cause finding/probable cause finding by BPH where offense was related to related to child abuse or neglect of a child.
- Current or prior convictions for stalking.
- Active restraining orders
- arrest for arson or possession of an explosive device.
- PUB AD affixed
9.Prior MCRP/ACP which ended in an adverse return to CDCR - Documented history of refusal to house within an NDPF.
- Disabilities impacting placement.
- Participant in the Developmental Disability Program (DDP).
- Current psychiatric, medical or dental condition requiring on going care.
The reason or purpose for the committee hearing and what does the committee take into consideration?
THE ACTION
1. The committees action taken and specifically why
2. The IP’s Preferred action and the reason for their preference.
3. The IP’s AGREEMENT or DISAGREEMENT with the committee action (this will be documented in detail stating exactly what they stated.)
4. Document any effective communication needed.
5. We will document the reason(s) for the omission of any of the classification procedural safeguards identified in subsection 3375(f). (Example: if an inmate goes in absentia, document the reasons why.)
Ultimately, the classification process is a score system to properly house IPs based on their, needs, interest, placement score, behavioral programming, as well as institution’s programs, security and public safety while classifying the IP at the lowest level possible.
The reason or purpose for the committee hearing per memo.
➢ The action taken, the specific reasons for the action including the information upon which the decision was based.
➢ The incarcerated person’s stated preferred action, the reasons for the preference, and their agreement or disagreement with the committee action. If an incarcerated person disagrees with a hearing, it is not enough to just use the dropdown, noting they do not agree. Document exactly what the incarcerated person disagrees with in the Inmate Comments section of the chrono.
➢ If applicable, document the use of any reasonable accommodation to ensure effective communication.
NOTE: Effective Communication is no longer required to be documented within the body of the chrono, if you have entered the required information within SOMS Effective Communication for the incarcerated person.
➢ The reason(s) for the omission of any of the classification procedural safeguards identified in subsection 3375(f).
➢ If an in-absentia hearing is held, reason(s) for the incarcerated person being absent.
What is considered an adverse effect?
Adverse effects are generally anything that is involuntary placed on the inmate.
REMEMBER: i(x5),P
- -Involuntary Transfer to more restrictive institution / program. (Maybe they were housed at a fire camp however there functional/capacity changed due to now having a medical condition which required on going care no longer allowing them to be full duty/vigorous activity.
- -Involuntary placement in RHU.
- -Involuntary transfer to higher security level not consistent with the IP’s placement score.
- -Involuntary removal from assigned program
- -Involuntary transfer due to misbehavior or information received affecting staff.
- -Increase in custody designation.
- -Placement reduced work group.
Per memo (below)
1. * Transfer of an incarcerated person to a more restrictive institution or program where the security level is higher. (Example: due to hard to place medical case factors, a level II incarcerated person may only be able to be housed at a specific level III institution to accommodate.)
2. * Involuntary Restricted Housing Unit (RHU) placement.
3. * Involuntary transfer to another institution/facility because of the incarcerated person’s misbehavior or receipt of new information that may affect staff, incarcerated person, the public, or the safety and security of the institution/facility, whether or not their placement score is consistent with the receiving institution’s/facility’s security level. (Example, pending OIA or overfamiliarity investigation)
4. * Involuntary transfer to a higher security level institution/facility, which is not consistent with the incarcerated person’s placement score. (Example: A Level I incarcerated person who is housed at an MSF, who’s medical risk increases to High and must be transferred to a Level II facility with MED Override) An Adverse Effect is not to be confused with an Adverse Transfer.
5. * Involuntary removal from an assigned program. (Example: Work Supervisor request to remove from assignment due to disciplinary)
6. * Increase in the incarcerated person’s custody designation. (Example: Medium A to Close Custody)
7. * Placement in a reduced work group. (Example: WG/PG: A1/A to C/C or WG/PG: M/A to A1/A)
Remember: We may not think of an action as having an adverse effect when it is to accommodate a case factor that is out of the incarcerated person’s control (i.e. DPP, MH), however, any out of level placement, restricted housing, increase in custody or job removal that is INVOLUNTARY, is considered an adverse effect and needs to be documented on the Notice of Classification Hearing.
Inmates shall be given written notice at least how much time in advance of a hearing which could result in adverse effect?
72 hours
What 3 reasons can an inmate not be present at committee?
- When an inmate refuses to appear before the committee. (You still have to tell them the proposes of committee.)
- The inmate is physically incapable of appearing before the committee or is determined by a psychiatrist to be mentally incompetent and can’t understand the purpose of the committee.
- The purpose of the hearing is to: Improve the inmates’ conditions of confinement by reducing or removing a previously imposed restriction, approve an action requested in writing by the inmate, and determine the need for scheduling, or to schedule, a future classification committee action. (Inmate goes in absentia)
When is an R-Suffix affixed or reviewed?
The R-suffix designation shall be affixed during reception center processing if which of the four applies:
AFFIXED:
1. Inmate is required to register per PC 290.
2. Inmate’s parole revoked by BPH, Good/Probable Cause Finding of an offense that is equivalent to an offense listed in PC 290.
3. Inmate had BPH formerly known as CYA sustained adjudication of offense that is equivalent to an offense listed in PC 290.
4. Inmate had a Valid R-Suffix evaluation, resulting in an R-Suffix being affixed.
REVIEWED:
1. Any arrest (regardless if convicted or not) of any PC290 offense shall be reviewed for Any R-Suffix. Unless already required to register per PC290.
What do you need for an R-Suffix Review if there is no conviction?
- Arrest Reports
- District Attorney Comments.
However, a classification committee may affix an “R” suffix if the arrest report(s) are available, and the district attorney’s comments are unavailable. The classification committee shall document in a CDC Form 128-G the attempts/steps taken to obtain the required documentation.
What is IDTT and what do they do?
- Interdisciplinary Treatment Team comprised of Healthcare Staff, Custody Staff, and other staff working in mental health.
- Plans appropriate care and treatment for inmates in the MHSDS
- Gathers information from various disciplines to monitor treatment.
- Evaluates patient treatment needs and changes to treatment on an ongoing basis.
- Optimizes the level of functioning in inmate patients in the least restrictive environment.
- Treats and supervises inmate patients in the appropriate level of care.
Who are the members of IDTT?
Composed of medical, clinical, and correctional staff and the patient.
How many days do you have to complete a DLT/DDP/DPP.
14 working days
What is the ESC AD Criteria and (how long does each AD last)?
(10 year exclusions)
1. Walk-away from a non-secured perimeter: 10 years .
2. History of 1 or more walk-aways from a non-secured perimeter: 10 years.
3. Walk-away from CCRC or DTF that resulted in a court conviction: 10 years.
(Permanent exclusion)
4. Plotting/planning any escape: Permanent.
5. Attempted Escape or Escape from a secured perimeter without force: Permanent.
6. Attempt Escape or Escape from a secured perimeter with force: Permanent.
What are the MIN Custody, MSF, & CAMP exclusions and extra exclusions pertaining to each one (new card from D’s house) *still needs review
- Validated STG-1
- RHU term within 12 months
- PHU term within 6 months
- More than LVL- II placement score of 35.
- Pending AD review (ex: ARS, SEX, DIS, VIO)
- Sex AD/R-Suffix/PC290 registrant
- Active/pending Felony HWD
- ESC AD/ Escape history in the past 10 years
- NDPF Failure (A Dis AD would be applied to a LVL-I IP however for a LVL-II it would not be applicable.)
- ARS AD
- Close / Max Custody
- LIF AD
- PSY AD
- PUB AD
- TIM 6-8 year requires wardens approval*
Extra MSF exclusions (Still eligible for MIN)
1. Medical Risk: High 1, High 2.
2. MED (Special medical or psychological needs that cannot be accommodated at an MSF)
3. ARS requires non-combustible MSF
4. Less than 90 days remaining
Extra CAMP exclusions (Still eligible for MIN)
1. ARS
2. Medical Risk: Medium, High 1, & High 2
3. Functional Capacity: Full Duty, & Limited Duty
4. Mat 2 (Suboxone) participation
5. MH LOC: CCCMS, EOP, & DD ½/3
6. MED (Special medical or psychological needs that cannot be accommodated at a CAMP)
7. Less than 90 days remaining
8. More than 30 days remaining
What is the C-Status Criteria
.2 serious RVRs within 180 days of the date you’re running committee
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1 serious RVR and 2 Administrative RVRs within 180 days of the date you’re running committee
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If placing on Work/Privilege Group: C/C, add the FOC (credit loss) amount(s) from the serious RVR(s) to determine the length of C/C, with a max of 180 days.
———————
If there are more than 2 serious RVRs, add the 2 highest FOC amounts, with a max of 180 days.
———————
C/C can last up to 180 days but can also be terminated early. Inmates may request a committee for removal consideration after 30 days, and again after each denial if applicable.
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If an inmate is transferred while on C/C, C Status will be terminated, and he will revert to A2/B.
What would you do if an error is spotted mid-committee, perhaps on a scoresheet?
- Stop committee and tell the inmate you are going to check over everything again before bringing him back.
- Serve a new B1 (Notice of Classification Hearing and 72-hour notice) with updated committee topics if applicable.
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If points are increasing or decreasing to a different classification level: - Check if a transfer is required.
- Check if a change of custody is required.
- Check if a change of work/privilege group is required.
- Review any ADs and/or preclusions that need to be affixed or removed.
—————-
If a transfer is required: - Check the DOs and Don’ts, Program Matrix, and Medical Matrix to list his placement/housing options.
- Check Medical Classification Chronos, DDP/DPP placement, & MH LOC to list his placement/housing options.
- Check all separation alerts to preclude facilities.
- Update Special Program Screenings.
- Provide NDPF admonishment. (LVL 1-2 have no choice but LVL 3-4 have a choice in going to NDPF)
Select a primary and alternate option, but note that the CSR or C&PR can transfer him to a different location based on departmental need.
