California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Article 6.8 - Community Based Programs
Section 3078.4 - Alternative Custody Program, Male Community Reentry Program, and Female Community Reentry Program Processing

Universal Citation: 15 CA Code of Regs 3078.4

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Screening and Assessment for Alternative Custody Program (ACP) Cases.

(1) Every inmate shall be afforded the opportunity to sign and submit to their assigned Correctional Counselor a CDCR Form 2234 (03/16), Alternative Custody Program (ACP) Application and Voluntary Agreement, which is incorporated by reference.

(2) Upon receipt of a CDCR Form 2234, the Secretary or his or her designee shall respond to the applicant within two weeks to inform the offender that the Form 2234 was received and to notify the inmate of the eligibility criteria of ACP.

(3) Preliminary screening for ACP eligibility shall be completed by the Correctional Counselor utilizing the criteria provided in section 3078.2 on a CDCR Form 2235 (07/23), Alternative Custody Program Screening Form, which is incorporated by reference. Upon completion, the CDCR Form 2235 shall be forwarded to the Division of Rehabilitative Programs (DRP) for further screening.

(4) An assessment of the inmate's predictive factors shall be completed using the California Static Risk Assessment, as provided in section 3768.1. The result of the assessment shall facilitate decisions regarding the placement, supervision and case-management of an offender in a community setting.

(5) DRP shall review the CDCR Form 2235 and other case factors to determine if the inmate is potentially eligible for ACP. The inmate shall be notified in writing of a determination of potential eligibility.

(b) Individualized Reintegration Plan for ACP Cases.

(1) Within 30 calendar days after a finding that the applicant is potentially eligible for participation in ACP, an Individualized Reintegration Plan (IRP) shall be developed by designated staff in consultation with the participant based on the assessment completed in (a)(4) above and a review of the participant's file. The IRP shall address a full range of issues including those directly and indirectly related to the specific needs of the potential ACP Participant. The IRP shall describe specific activities and services needed to achieve identified goals. The IRP shall address, but is not limited to the following factors:

(A) Housing.

(B) Employment plans.

(D) Substance abuse treatment.

(E) Parenting and life skills.

(F) Anger management and criminal thinking.

(G) Career Technical Education programs and educational needs.

(H) Social services needs, e.g., Veteran's Affairs benefits, general assistance, social security.

(I) Medical, dental, and mental health needs.

(2) Staff shall coordinate with the ACP Program Manager, as defined in section 3078, to identify appropriate transitional care facility, residential drug or treatment program or residential home consistent with the offender's needs and availability of appropriate program(s). When available and appropriate, the department shall prioritize the use of evidence based programs and services. Other factors to be considered include but are not limited to:

Placement resulting in a potential participant residing in close proximity to any person that was the victim of the potential participant's crime.

(3) The potential participant shall agree to fill out and sign forms pertaining to any county, state, or federal medical benefit program(s) for which the participant is eligible.

(4) The participant shall sign the CDCR Form 1516-ACP (Rev. 04/20), Alternative Custody Program Requirements, which is incorporated by reference, agreeing to comply with the requirements of participation in ACP.

(1) The ITRP and all other pertinent information will be presented to the Institution Classification Committee (ICC), as provided in subsection 3376(c)(2), for program participation consideration. The ICC will consider the totality of the information along with input from the inmate prior to recommendation for ACP placement.

(2) Upon recommendation of ICC for ACP placement, the case will be referred to a Classification Staff Representative (CSR) for endorsement.

(3) Upon the endorsement of an ACP Participant, Case Records shall be notified to ensure the ACP release process is completed. Victim notification shall be made at least 45 days prior to the participant's release to ACP.

(4) Prior to release to ACP, Case Records shall notify local law enforcement of the jurisdiction in which the ACP Participant will reside, providing the following information:

(A) The participant's name, address, and date of birth.

(B) The current offense committed by the participant.

(5) Case Records functions of inmates on ACP shall be managed by the location designated by the Director, Division of Adult Institutions.

(6) While in the ACP, the participant's annual classification review, pursuant to subsection 3376(d)(2), shall be suspended.

(d) For ACP cases, except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location.

(e) Screening and assessment for Male Community Reentry Program (MCRP) cases.

(1) Every male inmate shall be afforded the opportunity to sign and submit to their assigned Correctional Counselor a CDCR Form 2234-MCRP (Rev. 07/23), Male Community Reentry Program (MCRP) Application and Voluntary Agreement which is incorporated by reference.

(2) Cases shall be screened by the assigned Correctional Counselor to determine eligibility, utilizing a CDCR Form 2226-MCRP (Rev. 10/23) Male Community Reentry Program Eligibility, which is incorporated by reference.

(3) Eligible cases shall be presented to the Institution Classification Committee (ICC), as provided in subsection 3376(c)(2), for program participation consideration. The ICC shall conduct any required case-by-case reviews and consider the totality of case factors along with input from the inmate prior to recommendation for MCRP placement.

(4) Upon recommendation of ICC for MCRP placement, the case will be referred to a Classification Staff Representative (CSR) for endorsement.

(f) Screening and Assessment for Female Community Reentry Program (FCRP) Cases

(1) Every female inmate shall be afforded the opportunity to sign and submit to their assigned Correctional Counselor or institutional Community Beds Coordinator a CDCR Form 2234-FCRP (Rev. 10/23) Female Community Reentry Program Application and Voluntary Agreement, which is incorporated by reference.

(2) Cases shall be screened by the assigned institutional Community Beds Coordinator to determine eligibility, utilizing a CDCR Form 2236-FCRP (Rev. 10/23) Female Community Reentry Program Screening, which is incorporated by reference.

(3) Eligible cases shall be presented to the ICC, as provided in subsection 3376(c)(2), for program participation consideration. The ICC shall conduct any required case-by-case reviews and consider the totality of case factors along with input from the inmate prior to recommendation for FCRP placement.

(4) Upon recommendation of ICC for FCRP placement, the case will be referred to a Classification Staff Representative (CSR) for endorsement.

Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.

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