VIO Criteria Flashcards
What type of VIO Reviews are there?
4 point
6 point
8 point
When would you use an 8-point VIO review? (Answer directly from Q&A)
Eight element review: If an inmate does not have a VIO AD imposed and requires a case-by-case VIO review for a conviction, equivalent finding, or Div. A- 1 or A-2 RVR equivalent to a PC 667.5(c) offense with a date of discovery on or after February 20, 2017 listed within CCR, Title 15, sections 3375.2(b)(28)(F) through (I) for possible application of a VIO AD, and the inmate meets the criteria to not have a VIO AD imposed initially as specified in CCR, Title 15, sections 3375.2(b)(28)(J) through 3375.2(b)(28)(J)4., a case-by-case VIO review which includes eight elements is required. In this case, the classification committee shall address: circumstances of the offense, extent of injury to the victim(s), rationale for committing the offense, criminal intent versus neglect, history of committing similar acts, positive in-custody behavior, negative in-custody behavior, and an assessment of the inmate’s threat to the safety of the public, staff, and inmates based upon the totality of the inmate’s case factors. This ensures compliance with CCR, Title 15, sections 3375.2(b)(28) and 3375.2(b)(28)(J)5 through 3375.2(b)(28)(J)5.d. In this case, there is overlap between the circumstances and safety elements of the two types of reviews, so a complete review results in adding positive in-custody behavior and negative in- custody behavior to the standard six elements.
Alternatively, if an inmate has a VIO AD imposed, meets the criteria for VIO AD removal consideration as specified in CCR, Title 15, sections 3375.2(b)(28)(J) through 3375.2(b)(28)(J)4., has an outstanding six point case-by-case VIO review for a conviction, enhancement, equivalent finding, or Div. A-1 or A-2 RVR equivalent to a PC 667.5(c) offense with a date of discovery on or after February 20, 2017 listed within CCR, Title 15, sections 3375.2(b)(28)(F) through (I), a case-by-case VIO review which includes eight elements is required. In this case, the classification committee shall address: circumstances of the offenses, extent of injury to the victim(s) for the offense that had the outstanding six point review, rationale for committing the offense that had the outstanding six point review, criminal intent versus neglect for the offense that had the outstanding six point review, history of committing similar acts, positive in-custody behavior, negative in-custody behavior, and an assessment of the inmate’s threat to the safety of the public, staff, and inmates based upon the totality of the inmate’s case factors. This ensures compliance with CCR, Title 15, sections 3375.2(b)(28) and 3375.2(b)(28)(J)5 through 3375.2(b)(28)(J)5.d. In this case, there is overlap between the circumstances and safety elements of the two types of reviews, so a complete review results in adding positive in-custody behavior and negative in- custody behavior to the standard six elements.
(2/20/2017) (Rev. 9/19/2018)
CCII’s explanation of a VIO Review: 8 element review is used for AFFIXING a VIO AD when you are completing a CBC on a required conviction in which the offense is beyond 7 years.
An 8 element review for REMOVAL can be done when you are reviewing an already affixed VIO AD, however, there are associated convictions or enhancements. (For example: someone had an affixed VIO AD for (PC187 Murder 1st) but the associated enhancement of PC12022.7 (inflicting GBI) was never reviewed
What does a 4-point VIO Review include?
- Circumstances of the offense.
- Positive in Custody Review.
- Negative in custody Review
- Safety of public, staff and IPs
What does a 6-point VIO review include?
- Circumstances of the offense.
- Extent of Injuries
- Rationale of offense
- Criminal Intent vs Negligence
- History of Similar Acts
- Safety of public, staff and IPs
What does an 8 point VIO review include?
- Circumstances of the offense.
- Extent of Injuries
- Rationale of offense
- Criminal Intent or Negligence
- History of Similar Acts,
- Positive in Custody Review.
- Negative in custody Review.
- Safety of public, staff and IPs
When would you use 4-point VIO review? (Answer directly from Q&A)
Four element review: If the inmate has a VIO AD that was imposed automatically or via a six point case-by-case review, has no other offense(s) or enhancements for which mandatory six point case-by-case VIO reviews have yet to be completed, and is being reviewed for VIO AD removal consideration due to meeting the criteria specified in CCR, Title 15, sections 3375.2(b)(28)(J) through 3375.2(b)(28)(J)4., the classification committee must review the following four elements: circumstance(s) of the violent offense(s) in question, positive in- custody behavior, negative in-custody behavior, and the inmate’s threat to the safety of the public, staff, and inmates based upon the totality of the inmate’s case factors as described in CCR, Title 15, sections 3375.2(b)(28)(J)5. through 3375.2(b)(28)(J)5.d. Use of only the four elements is required under these circumstances, because either the six elements were previously addressed to impose the VIO AD via a case-by-case review, or use of the six elements is not required, because the VIO AD was imposed automatically.
CCII’s summary: A four element review on is on done for a VIO AD REMOVAL and is when an IP has a VIO AD via CBC or Automatic, however there are no other convictions to be reviewed. So you are only reviewing the one conviction.
When would you use a 6-point VIO review? (Answer directly from Q&A)
Six element review: If the inmate does not have a VIO AD imposed and requires a case-by-case VIO review for a conviction, equivalent finding, or Div. A- 1 or A-2 RVR equivalent to a PC 667.5(c) offense with a date of discovery on or after February 20, 2017 listed within CCR, Title 15, sections 3375.2(b)(28)(F) through (I) for possible application of a VIO AD, and the inmate does not meet the criteria for VIO AD removal consideration specified in CCR, Title 15, sections 3375.2(b)(28)(J) through 3375.2(b)(28)(J)4., a case-by-case VIO review that addresses the totality of the inmate’s case factors which includes but is not limited to the six elements (circumstances of the offense, extent of injury to the victim(s), rationale for committing the offense, criminal intent versus neglect, history of committing similar acts, and the safety of the public, staff, and other inmates) is required. This ensures compliance with CCR, Title 15, section 3375.2(b)(28).
CCII’s Summary: 6 element review is any conviction requiring a CBC that has an offense date within 7 years.
How can an inmate acquire an RVR CBC VIO?
RVR CBC VIO reviews are required for guilty finding for which Division RVR(s) that are equivalent to PC 667.5c offenses. Day of Discovery 02/20/2017 or later. (If Affixed prior to 02/20/2017 review at Annual Review for removal consideration. Division A1 and A2
What is a Four-Element VIO Review? VIO Removal Review
(Macs question)
If the inmate has a VIO AD that was imposed automatically or via a six point case-by case review, has no other offense(s) for which mandatory six point case-by-case VIO reviews have yet to be completed and is being reviewed for VIO AD removal
consideration due to meeting the criteria specified in CCR, Title 15, sections 3375.2(b)(29)(J) through 3375.2(b)(29)(J)4., the classification committee must review the following four elements:
1. Circumstances of the offense
2. Positive In-Custody Behavior
3. Negative In-Custody Behavior
4. Safety of the public, staff, and inmates if housed in a minimum- security setting.
What is a Six-Element Review? The main VIO Review.
(Macs Questions)
If the inmate does not have a VIO AD imposed and requires a case-by-case VIO review for a conviction, equivalent finding, or Div. A-1 or A-2 RVR equivalent to a PC 667.5(c) offense with a date of discovery on or after February 20, 2017 listed within CCR, Title 15, sections 3375.2(b)(29)(F) through (I) for possible application of a VIO
AD, and the inmate does not meet the criteria for VIO AD removal consideration specified in CCR, Title 15, sections 3375.2(b)(29)(J) through 3375.2(b)(29)(J)4., a case-by-case VIO review that addresses the totality of the inmate’s case factors which includes but is not limited to the six elements:
1. Circumstances of the offense
2. Extent of any injury
3. Rationale for committing the offense
4. Criminal Intent versus Criminal Neglect
5. History of committing similar acts
6. The safety of the public, staff, and other inmates if housed in a minimum-security setting.
What is a Eight-Element Review?
(Macs Questions)
If an inmate does not have a VIO AD imposed and requires a case-by-case VIO review for a conviction, equivalent finding, or Div. A-1 or A-2 RVR equivalent to a PC 667.5(c) offense with a date of discovery on or after February 20, 2017 listed within CCR, Title 15, sections 3375.2(b)(29)(F) through (I) for possible application of a VIO
AD, AND the inmate meets the criteria to not have a VIO AD imposed initially as specified in CCR, Title 15, sections 3375.2(b)(29)(J) through 3375.2(b)(29)(J)4., a case-by-case VIO review which includes eight elements is required. In this case, the classification committee shall address:
1. Circumstances of the offense
2. Extent of any injury
3. Rationale for committing the offense
4. Criminal Intent versus Criminal Neglect
5. History of committing similar acts
6. Positive In-Custody Behavior
7. Negative In-Custody Behavior
8. The safety of the public, staff, and other inmates if housed in a minimum-security setting.
This ensures compliance with CCR, Title 15, sections 3375.2(b)(29) and 3375.2(b)(29)(J)5. Through 3375.2(b)(29)(J)5.d. In this case, there is overlap between the circumstances and safety elements of the two types of reviews, so a complete review result in adding positive in-custody behavior and negative in custody behavior to the standard six elements.
What reasons would make an inmate ineligible for a VIO Removal consideration?
VIO AD is not eligible to be considered for removal due to the following?
- Received a Comprehensive Risk Assessment (CRA) of “High” representing a high likelihood to commit another violent offense.
- ESC AD exclusion.
- Lifer I.P. has not received a BPH hearing resulting in a 3-year denial or less.
- Has NOT received a Comprehensive Risk Assessment (CRA) to evaluate his likelihood to commit another violent offense.
- Not within 5 years of EPRD.
- SEX AD exclusion/R-Suffix.
- 7 years have not elapsed since his violent offense.
