1. (a) California Department of Corrections and Rehabilitation (CDCR) shall refer to the court an incarcerated person who meets the criteria for Compassionate Release and follow the processes set forth in Penal Code (PC) section 1172.2.

2. (b) The Primary Care Provider (PCP) shall identify incarcerated persons who meet the medical criteria for compassionate release set forth in PC section 1172.2(b), which is either:

   1. (1) The incarcerated person has a serious and advanced illness with end-of-life trajectory; or
   2. (2) The incarcerated person is permanently medically incapacitated with a medical condition or functional impairment that renders them permanently unable to complete basic activities of daily living, including but not limited to, bathing, eating, dressing, toileting, transferring, and ambulation, or has progressive end-stage dementia and that incapacitation did not exist at the time of the original sentencing.
3. (c) An incarcerated person, family member, or designee may independently request consideration of an incarcerated person for compassionate release by providing a written request to the institution Chief Medical Executive (CME).

4. (d) The PCP, in consultation with institution CME or designee, shall determine if an incarcerated person meets the medical criteria for compassionate release.

   1. (1) If the PCP determines an incarcerated person meets the medical criteria for compassionate release, and the incarcerated person is statutorily eligible pursuant to PC 1170.02 and PC 1172.2(o), the PCP, in consultation with the institution CME or designee, shall initiate the referral to the Director of Health Care Services. This begins the 45-calendar day window permitted by law within which an incarcerated person who meets the requirements of the law shall be referred to the court. The referral shall include the following:

      1. (A) CDCR 128-C, Medical-Psychiatric-Dental (Chrono) and
      2. (B) CDCR 7385-CR, Authorization for Release of Protected Health Information -- Compassionate Release.
   2. (2) If the PCP, in consultation with the institution CME or designee, determines that the incarcerated person does not meet the medical criteria or if the incarcerated person is not statutorily eligible pursuant to PC 1170.02 and PC 1172.2(o), they shall not initiate the referral to the Director of Health Care Services; and shall document that determination in the health record and notify the incarcerated person and headquarters Complex Care Team.

5. (e) Director of Health Care Services Review.

   1. (1) If the Director of Health Care Services does not concur that the incarcerated person meets the medical criteria for compassionate release, the Director, or designee, shall document the reason(s) for the decision and notify the PCP, Classification and Parole Representative (C&PR), institution CME, Classification Services Unit (CSU), headquarters Complex Care Team, and incarcerated person via a denial letter.
   2. (2) If the Director of Health Care Services concurs that the incarcerated person meets the medical criteria for compassionate release, the Director, or designee, shall notify the Warden, CSU, and C&PR to process the referral.

6. (f) Upon receipt of the Director's notification, if the incarcerated person is found eligible, the C&PR, or designee, shall notify the incarcerated person within 48 hours and do the following:

   1. (1) Explain the process, and offer the incarcerated person the opportunity to complete a CDCR 3038, Notification and Authorization to Incarcerated Person Regarding Compassionate Release, whereby they may designate a family member or other outside agent to be notified of their medical condition and prognosis and to inform that person regarding the compassionate release process. If the incarcerated person does not appear to understand or has been deemed mentally unfit, the incarcerated person's emergency contact shall be notified and informed of the compassionate release referral and process.
   2. (2) Offer the incarcerated person an opportunity to complete a CDCR 3039, Waiver of Defendant's Physical or Remote Presence at Compassionate Release Hearing. If the incarcerated person does not appear to understand or has been deemed mentally unfit, the incarcerated person's emergency contact shall be notified. The C&PR, or designee, shall indicate such on the CDCR 3039.

7. (g) The C&PR, or designee, shall prepare a referral packet which shall include, at a minimum, the following:

   1. (1) A Case Factor Summary in which the Correctional Counselor shall review and summarize relevant information from documents in the incarcerated person's central file including, without limitation, information regarding the current commitment offense, prior criminal history, institutional behavior, work and education assignments, participation in self-help activities, victim notifications, registration requirements, and known parole residency restrictions.
   2. (2) CDCR 3038
   3. (3) CDCR 3039
   4. (4) CDCR 128-C
   5. (5) CDCR 7385-CR
8. (h) The C&PR, or designee, shall obtain the Warden's signature and submit the compassionate release referral packet to the CSU.

9. (i) The CSU shall submit the approved packet to the appropriate court, the District Attorney's office, and the Public Defender's office. The CSU shall also notify applicable parties at CDCR, including the Office of Victim and Survivor Rights and Services (OVSRS).

   1. (1) OVSRS shall notify all victims registered with the Department pursuant to PC Section 679.03(b).
10. (j) Pursuant to PC section 1172.2(c), within 10 calendar days of receiving a referral for compassionate release, the sentencing court shall hold a hearing. CDCR shall facilitate an incarcerated person's or the legal representative's timely request to attend the hearing remotely.
11. (k) The C&PR, or designee, shall notify the incarcerated person of the court's decision.
12. (l) Pursuant to PC section 1172.2(l), if the sentencing court grants the recall and resentencing application, the incarcerated person shall be released by the Department within 48 hours of receipt of the court's order, unless a longer time period is agreed to by the incarcerated person. If the incarcerated person has agreed to waive the 48-hour release requirement, the Department shall request the sentencing court include in its order that the incarcerated person shall be released within 30 calendar days to allow for the coordination of their housing and medical needs in the community to a location where access to care is available.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 28(b), California Constitution; and Sections 1170, 1170.18(c), 1172, 1172.2 and 5054, Penal Code.

History

1. New section filed 3-3-2025 as an emergency; operative 3-3-2025 (Register 2025, No. 10). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 8-11-2025 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-5-2025 as an emergency; operative 8-11-2025 (Register 2025, No. 23). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 11-8-2025 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 6-5-2025 order, including amendment of section and Note, transmitted to OAL 9-12-2025 and filed 10-24-2025; amendments effective 10-24-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 43).