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
Subchapter 4 - General Institution Regulations
Article 10 - Classification
Section 3375.3 - CDCR Classification Score Sheet, CDCR Form 839, Calculation

Universal Citation: 15 CA Code of Regs 3375.3

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

This section incorporates by reference CDCR Form 839 (Rev. 07/24), Classification Score Sheet.

The factors and related numerical weights used to determine an incarcerated person's preliminary score are listed below. Box numbers appear to the right, but refer to the first box on the left of each field.

(a) Background factors (Boxes 30-46):

(1) Age at first arrest (Boxes 30-31).

(A) Calculate the incarcerated person's age at first arrest based on the date of the incarcerated person's first arrest. If there is no record of arrests prior to the commitment offense, use the date of arrest for the commitment offense as the date of the incarcerated person's first arrest on CDCR Form 839, CDCR Classification Score Sheet.

(B) When the age of first arrest is determined, round down to the full year and apply that information to the Age at First Arrest matrix on CDCR Form 839.

(D) Enter all single digit numbers in the box to the far right.

(2) Age at Reception (Box 32).

(A) When the incarcerated person's age at reception is determined, round down to the full year and apply that information to the Age at Reception matrix.

(B) Enter the corresponding point value in the box to the right.

(3) Term points (term in years x 2) (Boxes 33-34):

(A) Presentence and postsentence credits shall not be subtracted from length of term. A sentence of death or life without possibility of parole shall result in a maximum score of 50. For sentences of 25 years-to-life for murder, the base term is 25 years. For sentences under Penal Code section 667.7 with a term of life without parole for 20 years, the base term is 20 years. For all other life sentences, the base term is 15 years. Any enhancements or determinate terms for other counts or offenses to be served consecutive to a life term shall be added to the base term before calculation of the term score.

(B) Enter term in whole years within the parentheses.

1. Multiply the number of years by two (2).

2. Enter this value in Boxes 33-34.

3. Any single digit value is entered in the box to the far right.

4. If the score is more than 50, then 50 shall be used as the final term score.

(C) If, subsequent to endorsement of the CDCR Form 839, the incarcerated person receives a new term, record the change in term points, if any, on a CDCR Form 840 (Rev. 07/24), Reclassification Score Sheet, as a result of this new term. Do not correct the CDCR Form 839.

(4) Street gang/disruptive group (Boxes 35-38). For the purpose of preliminary score evaluation, if there is information that the incarcerated person is or has been involved in gang activity, enter 6 points in Box 35.

(A) Type of street gang/disruptive group code. Apply the code that most closely identifies the incarcerated person's gang. Enter the appropriate alpha code in Boxes 36-37.

1. CR Crip street gang/disruptive group.

2. BL Blood street gang/disruptive group.

3. NH Northern Hispanic street gang/disruptive group.

4. SH Southern Hispanic street gang/disruptive group.

5. AS Asian street gang/disruptive group.

6. BD Bulldogs street gang/disruptive group.

7. WH White supremacists, neo nazi, skinheads, etc., street gang/disruptive group.

8. BK Black street gang/disruptive group (not Crip nor Blood).

9. MC outlaw motorcycle clubs street gang/disruptive group.

10. OT other street gang/disruptive group not listed.

(B) Method of verification code (Box 38). Apply the code that is most indicative of STG activity. Enter the appropriate alpha code in Box 38:

1. Code A -- Self admission. Staff shall document information about the incarcerated/supervised person's self-admission and specific involvement with the STG/street gang. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

2. Code B -- Tattoos and symbols. Body markings, hand signs, distinctive clothing, graffiti, etc., which have been certified by CDCR pursuant to Section 3378.1, as being used by and distinctive to specific STGs/street gangs. Staff shall describe the tattoo or symbol in detail. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

3. Code C -- Written material. Any material or documents evidencing STG activity such as the membership or enemy lists, roll call lists, constitutions, organization structures, codes, training material, etc., of specific STGs. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

4. Code D -- Photographs. Individual or group photographs with STG connotations such as those which include insignia, certified symbols, or validated STG affiliates. The date of the photograph shall be reasonably ascertained to be no older than four (4) years in order to be considered for a method of verification code. Any photograph being utilized as a source item that depicts STG affiliates shall be required to have at least one of the individuals previously validated by the department, or be validated by the department within six (6) months of the photograph's established or estimated date of origin. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

5. Code E -- Staff information. Documentation of staff's visual or audible observations which reasonably indicate STG activity as described in Subsections 3314(a)(3)(L) and (M), Administrative Rules Violations, STG Contraband and Behavior; or Subsections 3315(a)(3)(Z) and (AA), Serious Rules Violations, STG Violent, Disruptive, or Controlling Behavior. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

6. Code F -- Other agencies. Information evidencing STG affiliation provided by other agencies including, but not limited to, police reports, crime reports, or arrest reports evidencing STG conduct, which have not been submitted, considered, and incorporated within received court documents. Any information from another agency shall be documented by the staff person who receives such information, citing the source and validity of the information. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

7. Code G -- Association. Information related to the incarcerated person's association with validated STG affiliates. The association shall be more than a chance encounter or an innocuous association, but rather, a pattern or history of encounters that involve STG behavior and/or an occurrence of conducting STG related business. Direct contact with a validated STG affiliate is not necessary to show this association. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

8. Code H -- Offenses. Where the circumstances of an offense indicates that the offense was committed for the benefit or promotion of, at the direction of, or in association with an STG. Staff shall document and disclose this information to the incarcerated/supervised person in written form that would not jeopardize the safety of any person or the security of the institution.

9. Code I -- Legal documents. Probation officer's report, court transcripts, or other legal documents evidencing STG activity. Staff shall assure the document containing this information is disclosed to the incarcerated/supervised person in written form that would not jeopardize the safety of any person or the security of the institution.

10. Code J -- Communications. Documentation of conversations, conversations between offenders/others, mail, greeting cards, notes, or other communication, which include coded or explicit messages evidencing STG activity. Staff shall document and disclose this information to the incarcerated/supervised person in a written form that would not jeopardize the safety of any person or the security of the institution.

(5) Mental Illness (Box 43). Do not make an entry in Box 43 during intake processing. This box is only used during the CDCR 839 correction process to remove previously-assessed Mental Illness points.

(6) Prior sentences (Box 44). This item requires a review of the probation officer's report (POR) and the CI&I/CLETS in order to identify prior sentences of 31 days or more. Apply no more than one point.

(A) Jail or county juvenile sentence of 31+ days (Box 44).

1. Count any sentence of 31 days or more. Do not include suspended sentences or sentences for violations of Post-Release Community Supervision or parole.

2. Count any incarceration under a delinquency petition which involves a crime rather than "status offender" placements. For example, "beyond parental control" should not be counted. Burglary, however, would be counted.

3. Count CDCR placements for diagnostic evaluation pursuant to Penal Code Section 1203.03"Z" cases, followed by a grant of probation.

(7) Prior Incarceration(s) (Boxes 45-46)

(A) Division of Juvenile Justice (formerly California Youth Authority), state or federal level juvenile, which includes state or federal facilities for juvenile offenders (Box 45).

(B) CDCR, California Rehabilitation Center, adult state, federal level (Box 46):

1. Count any state or federal level incarceration.

2. Count previous commitments to the civil addict program.

(8) Correction to CDC 839 Score Sheet (Prior to Rev. 07/02) (Boxes 47-49)

(A) Use this section to correct a CDC 839 score sheet with a form revision date prior to 07/02.

(B) This area shall not be used for changes or adjustments to term points.

(b) Prior Incarceration Behavior (Boxes 50 through 64):

(1) Last 12 months of Incarceration (Boxes 50-52). Prior incarceration behavior in any correctional agency shall include the last 12 consecutive months in custody, prior to the date that the incarcerated person was received in CDCR, going as far back as necessary to attain a total of 12 months. This includes behavior while in county jail, after conviction, or during transportation to the reception center. For example, behavior while incarcerated in juvenile hall or federal prison or while serving a civil addict commitment shall also be counted.

(2) Twelve months of incarceration is also defined as 360 days. For ease and consistency of rule application, a month is considered a 30-day month.

(A) Only misbehavior which is equivalent to a serious rule violation, as defined in section 3315, shall be recorded.

(B) If the incarcerated person has a prior incarceration for 12 months or more but adequate documentation of the incarcerated person's behavior is not available, four (4) favorable points shall be granted.

1. If behavioral information becomes available later, these items may need to be corrected.

(3) Favorable prior behavior (Box 50):

(A) If the incarcerated person had no serious disciplinary(s) in the last 12 months of incarceration(s), four points shall be entered in Box 50.

(B) If there is no record of unfavorable prior behavior, enter four (4) favorable points in Box 50.

(4) Unfavorable prior behavior (Boxes 51-52).

(A) For each serious disciplinary in the last 12 months of incarceration(s), with the exception of use of any controlled substance, as identified in H&SC 11007, or alcohol, based solely on a positive test result from an approved departmental testing method pursuant to section 3290, four points shall be entered in Boxes 51-52.

(B) Serious Disciplinary History (Boxes 53-64).

A single serious disciplinary offense for which an incarcerated person was found guilty may result in the assessment of points on the classification score sheet for more than one factor listed in subsections 3375.3(b)(4)(C) through (H) of this section. Unfavorable behavior points shall be assessed for offenses that occurred while the incarcerated person was incarcerated with any correctional agency. Points shall not be assessed for serious disciplinary offenses that occurred 10 or more years prior to the date of the incarcerated person's initial reception on the current term of incarceration.

(C) For each battery on a non-incarcerated person or attempted battery on a non-incarcerated person, eight points shall be entered in Boxes 53-54.1. Battery shall include any offense described in section 3005(d).

(D) For each battery or attempted battery on an incarcerated person, four points shall be entered in Boxes 55-56. Assessments shall only include situations where one or more incarcerated persons are clearly the victim.

(E) For each involvement in the distribution of any controlled substance, per subsection 3323(c)(6), into a jail or correctional facility for distribution and sales, four points shall be entered in Boxes 57-58. Points shall not be assessed for incidents of personal use or possession of a small quantity of drugs.

(F) For each possession, manufacture or attempted manufacture of a deadly weapon:

1. Four (4) points shall be entered in Boxes 59-60 for each well documented incident of an incarcerated person's possession, manufacture, or attempted manufacture of a deadly weapon where apparent use was intended (does not include possession of commonly available and unmodified objects unless used as a weapon and this fact is documented in the disciplinary hearing process). Include possession of a razor blade (whether modified or not) in a segregated program housing unit (e.g., Administrative Segregation Unit, Security Housing Unit, Psychiatric Services Unit) or restricted housing unit (i.e., EOP RHU, CCCMS RHU, or GP RHU); or

2. Eight points shall be entered in Boxes 59-60 for each possession, manufacture or attempted manufacture of a deadly weapon incident, which occurred within five years of the incarcerated person's reception to the Department on the current term.

(G) For each instance of a leadership role in deliberate and willful behavior which might lead to violence or disorder, and any willful attempt to incite others, either verbally or in writing, or by other deliberate action, to use force or violence upon another person, as described in section 3005 (this involves a leadership role in a facility riot, racial disturbance or work strike), four points shall be entered in Boxes 61-62.

(H) For each battery that caused serious bodily injury, 16 points shall be entered in Boxes 63-64. Incarcerated persons who conspired in or ordered the battery shall also receive these points.

1. Serious bodily injury is that which is defined in section 3000.

2. Any attempt, which may have been life-threatening but circumstances such as heavy clothing prevented the homicide, shall be included.

(1) The incarcerated person's preliminary score is entered in Boxes 65-67 and is the result of adding the total points derived from background factors in subsection (a) with the total points derived from prior incarceration behavior in subsection (b).

(2) Right-justify the total score.

(3) Computations which result in a minus value shall be entered as zero.

(d) Mandatory Minimum Score Factor Code and Mandatory Minimum Score (Boxes 68-70):

(1) A mandatory minimum score is a score that is applied to an incarcerated person who has a case factor that requires that they be housed no lower than a specific security level.

(2) A mandatory minimum score factor is a case factor that requires the application of a mandatory minimum score.

(3) A mandatory minimum score factor code is a numeric code associated with a mandatory minimum score factor.

(A) If an incarcerated person has a case factor that requires the application of a mandatory minimum score factor code, enter the code that applies in Box 68.

(B) If one or more mandatory minimum score factors are present, determine which of the factors is associated with the highest score and enter that code in Box 68.

(e) Placement Score (Boxes 71-73).

(1) If there are no case factors that require a mandatory minimum score, enter the preliminary score as the placement score.

(2) If a mandatory minimum score has been applied, and it is greater than the preliminary score, enter the mandatory minimum score as the placement score.

(3) If a mandatory minimum score has been applied, and it is less than the preliminary score, enter the preliminary score as the placement score.

(f) Special Case Factors (Boxes 74-76)

(1) In Box 74, enter "A" if the incarcerated person has an active felony hold, warrant, or detainer. Enter "P" if the incarcerated person has a potential felony hold, warrant, or detainer. If the incarcerated person has both an active and a potential felony hold, warrant, or detainer, enter "A".

(2) In Box 75, enter "A" if the incarcerated person has an active United States Immigration and Customs Enforcement (USICE) detainer. Enter "P" if the incarcerated person has a potential USICE detainer.

(3) In Box 76, enter "R" if the incarcerated person meets the criteria for an "R" suffix per section 3377.1(b).

(g) Classification Staff Representative Action (Boxes 95-159):

(1) The CSR determines appropriate housing in keeping with Departmental needs, safety and security, the incarcerated person's placement score and administrative determinants. The three-letter codes from section 3375.2 shall be used to indicate the administrative determinants.

(A) Up to five administrative determinants may be entered in Boxes 134-148.

1. Reason for any administrative or irregular placement (Boxes 157-159).

2. Entered only if the facility's security level where the incarcerated person is placed is not consistent with their placement score.

(B) Enter one of the administrative determinant's three-letter code from section 3375.2.

(2) CSR approval of an administrative or irregular placement (administrative determinant) is valid only as long as the incarcerated person's placement score remains within the same facility security level as when the approval was given.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 4502, 5054 and 5068, Penal Code; Wright v. Enomoto (1976) 462 F.Supp. 397; Stoneham v. Rushen (1984) 156 Cal. App. 3d 302; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).

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