Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Day of release.
(1) Incarcerated persons,
except as otherwise provided by applicable law and regulations, shall be
released on their scheduled release date. Incarcerated persons shall not be
retained beyond their discharge date.
(b) Release Instructions.
(1) Notification of registration
requirements:
(A) An incarcerated person
required to register pursuant to Penal Code sections
186.30,
290, or
457.1, or
Health and Safety Code section
11590
shall be notified of the requirement before being released from
custody.
(B) Such incarcerated
persons shall complete a SS Form 8047, Notice of Registration Requirement,
acknowledging notification of the requirement.
(2) Reporting instructions for incarcerated
persons being released to parole, except for incarcerated persons released to
non-revocable parole as provided in section
3505:
(A) The CDCR Form 611, Release Program Study
(RPS) (Rev. 07/24), located in SOMS, which is incorporated by reference; the
automated Notice and Conditions of Parole (NOC) (Rev. 07/22), which is
incorporated by reference, the automated Special Conditions of Parole (SCOP)
(Rev. 04/19), which is incorporated by reference, and reporting instructions,
shall be explained to the incarcerated person at least 45 days before their
scheduled release to parole or, if less than 45 days remain as a result of a
change in the incarcerated person's legal status, as soon as
possible.
(B) The CDCR Form 611
shall specify a date, time, place and official to whom a newly released
incarcerated person shall report.
(C) Supervised persons designated as the
highest control or highest risk classification shall report to their assigned
parole unit on the first working day following release or within two calendar
days from release, as instructed by a parole agent. Under no circumstances
shall supervised persons designated as the highest control or highest risk
classification be granted a delay in reporting to their assigned parole
unit.
(D) Authorized delay in
reporting for cases not designated as the highest control or highest risk
classification.
1. Any delay in reporting to
an assigned parole unit upon release from incarceration shall be case
conferenced with a unit supervisor for approval. Supervised persons released
from incarceration shall report to their assigned parole unit and any delay in
reporting shall only be approved in extenuating circumstances, on a
case-by-case basis, when the circumstances surrounding the release prevents the
supervised person from reporting in a timely manner and are beyond their
control (e.g., supervised person cannot report to the assigned parole unit as
instructed due to the distance between the release location and the assigned
parole unit). The unit supervisor should only authorize the amount of time
reasonably necessary to allow the supervised person to report to the assigned
parole unit. Under no circumstances shall the delay in reporting be authorized
for more than seven calendar days from the supervised person's scheduled
reporting date.
(3) Notice and conditions of parole
requirements, except for incarcerated persons released to non-revocable parole.
(A) Prior to any parole proceeding, the
parole agent shall complete the CDCR Form 2289 (Rev. 07/24), Notice and Request
for Assistance During a Parole Proceeding, which is incorporated by reference,
and verify any known disabilities that may require a reasonable accommodation
or modification during a parole proceeding by reviewing case documents and CDCR
databases.
(B) The automated NOC
and, if applicable, the automated SCOP shall be interpreted or otherwise
effectively communicated to all supervised persons.
(C) The parole agent shall request the
supervised person to sign a printed copy of the automated NOC, and a printed
copy of the automated SCOP (if applicable), after explaining the form(s) to the
supervised person. If the supervised person refuses to sign the NOC or SCOP,
the parole agent shall attempt to resolve the issue. If the supervised person
continues to refuse to sign the NOC or SCOP, the parole agent shall note the
refusal in the signature block of the NOC or SCOP and advise the supervised
person that the conditions of parole are imposed regardless of the
signature.
(D) If an interstate
cooperative supervised person, as defined in section
3000, refuses to sign conditions
of parole, this shall be considered behavior requiring retaking and reported to
the state from which the supervised person was sent, with a recommendation that
the offender be returned to the sending state.
(E) Any special conditions of parole imposed
by the department shall be related to the incarcerated person's commitment
offense or to conduct that may reasonably lead to future criminal
behavior.
(F) When a
department-imposed special condition no longer applies to a supervised person,
a unit supervisor or higher level staff may remove or modify any but the
following department-imposed special conditions:
1. A prohibition on the use of alcoholic
beverages pursuant to Penal Code section
3053.5.
2. A requirement to participate in
psychiatric treatment, unless behavioral health reintegration staff have
recommended, in writing, that the treatment be discontinued.
(G) Within five days after
verbally requiring or prohibiting specific behavior of a supervised person,
staff shall give the supervised person written confirmation of such
instructions.
(4) Notice
of non-revocable parole requirements:
(A)
Incarcerated persons who are approved for non-revocable parole shall have an
automated NOC and, if applicable, an automated SCOP effectively communicated to
them at least 45 days prior to their scheduled release to parole, or as soon as
possible if less than 45 days prior to release remain. The automated NOC and
the automated SCOP shall document the offender's understanding of requirements
including, but not limited to, the following:
1. Return to the county of last legal
residence prior to incarceration pursuant to Penal Code 3003(a).
2. Obligation to register with local law
enforcement as ordered by law.
3.
Obligation to pay outstanding restitution balances while on non-revocable
parole.
4. Search and seizure
requirements pursuant to Penal Code section
3067.
(5) Reporting
instructions and notice of conditions of release for incarcerated persons
released to Postrelease Community Supervision as provided in section
3079:
(A) The CDCR Form 611 (Rev. 07/24), Release
Program Study; and the CDCR Form 1515-CS (Rev. 07/24), Notice and Conditions of
Postrelease Community Supervision, which is incorporated by reference, and any
additional reporting instructions or conditions received by the supervising
county shall be explained to the incarcerated person at least 45 days before
their scheduled release date or, if less than 45 days remain as a result of a
change in the incarcerated person's legal status, as soon as
possible.
(B) The CDCR Form 611
shall specify, at minimum, a place and official to whom a newly released
incarcerated person shall report.
(c) Release Clearances.
(1) Before release, an incarcerated person
shall be provided a CDC Form 162 (Rev. 1/66), Release Clearance, to obtain the
signature indicating the release clearance of the facility officials as
designated thereon, and return the form to the facility's receiving and release
office.
(2) The original CDC Form
122 (Rev. 12/85), Property Receipt-Release, which is completed by receiving and
release staff, shall be provided to the incarcerated person before
release.
(3) At the time of
release, the incarcerated person shall be presented a CDCR Form 102 (Rev.
07/24), Release Statement, which is hereby incorporated by reference, to sign
acknowledging receipt of any California identification card, medical card,
debit card with terms and conditions, instructional flyer, cash, check(s), or
transportation voucher, and clothing, or any combination thereof. Failure by
the incarcerated person to sign the CDCR Form 102 shall not be justification
for withholding either the incarcerated person's release allowance or any trust
account funds, as described in subsections
3075.2(d) and
3075.2(d)(1).
(d) Release Allowances. A release
allowance is a sum of money intended for the rehabilitative purpose of
assisting in an incarcerated/supervised person's reintegration into society,
and shall only be provided to an / incarcerated/supervised person who is
released from a CDCR Institution/Community Correctional Facility to the direct
supervision of a parole agent in the community, is placed on non-revocable
parole, is released to Postrelease Community Supervision, is released to an
alternative custody program pursuant to
15 CCR
§
3078, et seq., is released upon
completion of a term of imprisonment to local law enforcement as a result of a
detainer or hold, is released to the custody and supervision of the Department
of State Hospitals, is released to a detainer or hold pursuant to commitment
proceedings as a sexually violent predator (Welfare and Institutions Code,
Article 4, Section 6600), or is discharged from the jurisdiction of the CDCR.
Except as stipulated below, incarcerated/supervised persons shall receive the
release funds specified in Penal Code (PC) Section 2713.1, for six months or
more served in a CDCR Institution/Community Correctional Facility.
Incarcerated/supervised persons serving less than six months in a CDCR
Institution/Community Correctional Facility shall be given a prorated daily
rate for each day, or fraction of a day, in custody up to the amount specified
in PC 2713.1 utilizing the formula:
Release funds per the amount specified in PC 2713.1 divided
by 182.5 days (six months) equals the daily rate rounded to two decimal
places.
The cost of the following items shall be deducted from the
incarcerated person's release allowance in connection with the incarcerated
person's release:
Release apparel not previously purchased by the
incarcerated person or incarcerated person's designee.
Any transportation costs paid by the state.
Clothing and public transportation, if required, shall not
be denied due to an insufficient release allowance.
Supervised persons who willfully abscond shall forfeit any
remaining release allowance otherwise due to them. Supervised persons placed in
custody and released from county jail as a result of a parole violation are not
eligible for CDCR release allowance.
(1) A release allowance shall not be provided
to an incarcerated person released to the custody of the federal government or
another state unless the incarcerated person is released from custody and
available for parole supervision in California or a state under the interstate
compact (Article 3 (commencing with Section 11175) and Article 3.5 (commencing
with Section
11180) of
Chapter 2 of Title 1 of Part 4 of the Penal Code)). Incarcerated persons
released to the custody and supervision of the U.S. Immigration and
Naturalization Service and awaiting a deportation hearing date are not entitled
to receive a release allowance.
(2)
Incarcerated persons erroneously received into CDCR and ultimately transferred
back to the county jail to serve county jail commitment pursuant to PC Section
1170(h), are not eligible to receive a release allowance.
(3) If an incarcerated person is eligible for
release allowance of $200, pursuant to PC section 2713.1, the department shall
give the incarcerated person the option of receiving the release allowance and
any trust account balance on a debit card or a check. The incarcerated person
will be notified of the option of debit card or check at least ten (10)
business days before release. If it is not possible to notify the incarcerated
person at least 10 business days before release due to a changed release date,
the incarcerated person shall be notified as soon as the changed date is
determined. The incarcerated person shall make the selection at the time of
notification. If the incarcerated person does not select a disbursement option,
the release allowance and the trust account balance shall be issued by
check(s).
(A) If the total of an incarcerated
person's release allowance and trust account is $1,000 or less, the total
amount will be loaded on a debit card, or the total amount will be issued by
check, depending on the selection made by the incarcerated person.
(B) If the total of an incarcerated person's
release allowance and trust account exceeds $1,000, and the incarcerated person
chose the debit card option, the release allowance will be disbursed by debit
card. The incarcerated person's trust account balance will be disbursed by
check.
(e)
Transportation Arrangements.
(1) An
incarcerated person's transportation upon release shall be arranged by the
facility, unless a private party has contacted the facility at least three days
before the incarcerated person's scheduled release, has offered to provide
transportation, and the facility has approved the arrangement.
(f) Exonerated Persons
(1) Release allowances and balance of trust
account for exonerated persons being discharged from an institution shall be
processed as described in section
3075.2(d)(5)(B).
(2) Release allowances and trust account
balance for exonerated persons being discharged from a court, along with any
other payments as specified in PC section 3007.05, shall be issued by
check.
(3) The CDCR Form 102
(Rev.03/22), Release Statement, Section I, shall have the Exonerated checkbox
marked.
Note: Authority cited: Sections
2713.1,
3000.03,
5058 and
5058.3, Penal
Code. Reference: Sections
186.30,
290,
457.1,
1168,
1170,
1170.05,
2713.1,
2901,
2962,
3007.05,
3053.5,
3060.7,
3067,
3450,
3452,
3453,
3454,
5054,
11175,
11176 and
11180, Penal
Code; Sections 2713.1,
6600,
6601
and
6604,
Welfare and Institutions Code;
12 CFR
1005.10(e)(2),
31 CFR
1022.380; and Sabatasso v. Superior Court
(2008) 167 Cal. App. 4th 791, 797.
Note: Authority cited: Sections
2713.1,
3000.03,
5058 and
5058.3, Penal
Code. Reference: Sections
186.30,
290,
457.1,
1168,
1170,
1170.05,
2713.1,
2901,
2962,
3007.05,
3053.5,
3060.7,
3067,
3450,
3452,
3453,
3454,
5054,
11175,
11176 and
11180, Penal
Code; Sections 2713.1,
6600,
6601
and
6604,
Welfare and Institutions Code;
12 CFR
1005.10(e)(2),
31 CFR
1022.380; and Sabatasso v. Superior Court
(2008) 167 Cal. App. 4th 791, 797.
