Cal. Code Regs. tit. 15, § 3078.6 – Alternative Custody Program and Enhanced Alternative Custody Program Return to Institution.

(a) An Alternative Custody Program (ACP) or Enhanced Alternative Custody Program (EACP) participant may be returned to state prison to serve the remainder of their original sentence, with or without cause, pursuant to the provisions of subsections (b)-(b)(7) below.
(b) Staff shall conduct a Case Conference Review, as defined in section 3000, regarding whether a participant should be returned to prison. ACP cases shall be reviewed by the Division of Adult Parole Operations (DAPO), and EACP cases shall be reviewed by the Division of Rehabilitative Programs (DRP). When determining a participant's retention in the program or return to prison, staff shall consider the totality of case factors, including the participant's behavior and program participation while housed in ACP or EACP. Reasons for return to prison may include, but are not limited to:
1. (1) Reasonable suspicion that the participant is not complying with the terms or requirements of the program exists.
2. (2) The participant for any other reason no longer meets the established criteria pursuant to section 3078.2.
3. (3) The electronic monitoring device is unable for any reason to properly perform its function at the designated residence or program.
4. (4) The participant's needs can no longer be met by existing community programs.
5. (5) Local law enforcement has identified the participant as a suspect in new criminal activity that if charged and found guilty would result in a misdemeanor and/or felony conviction.
6. (6) A felony hold, warrant or detainer is received by the department after an incarcerated person is placed in the ACP or EACP.
7. (7) The participant requests voluntary return.

Note: Authority cited: Sections 5058, 5058.3, 6252, 6253 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.

History

1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 3-5-2012 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).

3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.

4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).

5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).

7. Amendment of section heading and subsections (a)-(b), (b)(3) and (b)(6) and amendment of Note filed 6-19-2024; operative 7-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).

7. Change without regulatory effect amending subsection (b)(6) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).