Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The California Department of Corrections and Rehabilitation
(CDCR), pursuant to the provisions in sections
3375 through
3379, provides upon reception, an
assessment and classification process to each person committed to the custody
of the CDCR. Exception to this are Senate Bill (SB) 618 Participants, as
defined in section
3000, who will be participating in
a SB 618 Program, as defined in section
3000. Pursuant to the authority
and process as described in this section, SB 618 Participants, prior to
reception by the CDCR, shall be assessed by the county in which the offender is
adjudged to have committed his or her crime.
(a) Assessment transfer authority. Pursuant
to Penal Code (PC) section 1203.8, the CDCR is authorized to enter into an
agreement with up to three counties in the State of California to carry out the
assessment of nonviolent felony offenders and to develop a multi-agency plan
(MAP).
(1) The MAP shall be developed at the
participating county and subject to the approval of the CDCR, will be the
general plan and agreement permitting the transfer of the assessment
responsibility to the county. The MAP shall be developed by and have the
concurrence of the following local county representatives or their designees,
which shall include:
(A) The presiding
judge.
(B) The chief probation
officer.
(C) The district
attorney.
(D) The county defense
agency.
(E) The local custodial
agency (e.g. sheriff).
(2) The MAP shall be submitted to the Board
of Supervisors for approval.
(b) Inmate eligibility. An eligible offender
may voluntarily participate in a SB 618 Program. To be eligible, the offender
must meet the following criteria:
(1) Is
convicted in the current case of a non-violent felony.
(2) Must be in custody to participate with no
convictions under PC section 667.5(c) except as provided in subsection
3077(d)(1).
(3) Is a legal resident
of the participating county at the time of his or her conviction (county of
last legal residence).
(4) Is
sentenced to a state prison for a period of 7 and 72 months with time to serve
remaining to permit commencement and completion of programming of no more than
36 months or less than 4 months.
(5) Is able to live independently in the
General Population (GP) of the participating institution independent of housing
designation.
(6) Has a
classification score below 52 points.
(c) Exclusionary criteria. An offender is
excluded from participating in the SB 618 Program if he or she:
(1) Is a documented and validated STG member
or associate.
(2) Has a prior
conviction where the offender's victim(s) suffered death, disability, or
serious injury.
(3) Has any history
of sex or arson offenses subject to registration pursuant to PC sections
290 and 457.1.
(4) Possesses outstanding or active felony
holds from other jurisdictions.
(5)
Qualifies for participation in a drug treatment program as defined in PC
section 1210(b).
(6) Repeat offenders with a new sentence and
who are offered a probationary sentence are not automatically excluded from
consideration for participation in the SB 618 Program upon approval of the
court.
(d) Discretionary
factors. The following are discretionary factors that will be taken into
consideration when determining on a case-by-case basis, SB 618 Program
eligibility:
(1) Prior convictions for PC
section 667.5(c). Where a defendant has been out of custody for no less than
five years and has committed no other violent felony as defined under Penal
Code section
667.5(c),
prior convictions for violent felonies under Penal Code section
667.5(c)
that do not involve death, great bodily injury or permanent disability will be
screened for SB 618 eligibility on a case-by-case basis.
(2) Repeat offenders as described in
3077(d)(1) with a new offense who pick up a new prison term are not
automatically excluded from consideration for participation in the SB 618
Program upon recommendation of the court with concurrence of CDCR.
(3) Parole violators with a new term, who
before parole were SB 618 Participants, are automatically excluded from
consideration for participation in the SB 618
Program.
Note: Authority cited: Section 5058, Penal Code.
Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
667.5(c),
1203.8 and
5054, Penal
Code.
