Cal. Code Regs. tit. 15, § 3077.3 – Senate Bill 618 Participant Institutional Programming.

(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. (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. (2) A Classification Committee action shall be required to place SB 618 Participants onto a waiting list or remove them from a waiting list.
(c) A Classification Committee shall review the SB 618 Participant's progress and case factors at least once a year.
(d) The Prison Case Manager (PCM), as described in subsection 3077.1(a)(1)(D), shall:
1. (1) Monitor, track, record, and evaluate the SB 618 Participant's participation and completion in the assigned programs.
2. (2) Attend the SB 618 Advisory Committee meetings to report program status and to make any recommendations for changes in the SB 618 Participant's Life Plan, if appropriate.
3. (3) Assist the SB 618 Participant in meeting their Life Plan needs and goals.
(e) Six months prior to release, the PCM, the SB 618 Participant, parole representative, and the CCM will meet and revise the Life Plan with an emphasis on the community reentry plan for housing, transportation, and immediate enrollment in community support programs which include, but are not limited to, substance abuse and mental health services, work readiness training and placement.
(f) A SB 618 Participant who no longer wishes to participate in the SB 618 Program or is no longer eligible for retention at the SB 618 programming institutions, will be seen by an SB 618 Advisory Group in the institution or while on parole in the community. Reasons for being determined ineligible while in the program may include, but are not limited to, rule violations in prison with a guilty finding, archive information which if known prior to entry into the program, such as past violence, would have precluded the SB 618 Participant from the program, not following program requirements, and parole violations subsequent to parole. The respective Advisory Group will make a determination regarding the SB 618 Participant's continued participation in the SB 618 Program.
1. (1) The Advisory Group at the institution shall include:
  1. (A) Associate Warden or designee.
  2. (B) Classification representative or designee.
  3. (C) PCM Coordinator or designee.
  4. (D) SB 618 Participant's assigned PCM or designee.
  5. (E) Division of Community Partnership (DCP) analyst or designee.
2. (2) The Advisory Group in the parole community shall include:
  1. (A) SB 618 Participant.
  2. (B) SB 618 Participant's assigned:
    1. 1. Parole Agent or designee.
    2. 2. Community Case Manager or designee.
  3. (C) DCP analyst or designee.
3. (3) The respective Advisory Group's findings shall be documented on a CDC Form 128-B, (4/74) General Chrono, as described in section 3000 under General Chrono, with a copy placed in the SB 618 Participant's Central File.
4. (4) An SB 618 Participant who is determined to no longer be eligible for the SB 618 Program, may appeal the Advisory Group decision by utilizing the administrative remedies procedures as provided in the California Code of Regulations, Title 15, Chapter 1, Subchapter 5.1, Article 1, sections 3480 through 3487.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.

History

1. New section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 2-5-2009 order, including amendment of subsections (a) and (c), transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).

3. Amendment of subsection (f)(4) 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.

4. 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.

5. Amendment of subsection (f)(4) 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.

6. Amendment of subsection (f)(4) 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.

7. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).