Current through Register 2024 Notice Reg. No. 38, September 20, 2024
This section incorporates by reference CDCR Form 841
(Rev. 07/24), Readmission Score Sheet.
The factors and their related numerical weights used to
recalculate an incarcerated person's preliminary score upon readmission to the
Department are listed below. Box numbers appear to the right, but refer to the
first box on the left of each field.
(a) Favorable behavior since last review
(Boxes 48-53). The categories below provide favorable points for six-month
intervals. When an incarcerated person's status is interrupted during the
period without incarcerated person fault, the period shall be considered
continuous.
(1) For each six-month period of
continuous minimum custody, four points shall be entered in Boxes
48-49.
(2) Apply one-half favorable
behavior points for less than a full six-month review period.
(3) Unfavorable behavior points shall be
assessed at full value.
(A) For each six-month
period since the last review with no serious disciplinary, two points shall be
entered in Boxes 50-51.
(B) For
each six-month period with an average or above average performance in work or a
Rehabilitative Program managed by the Division of Rehabilitative Programs, as
defined in section
3000, two points shall be entered
in Boxes 52-53.
1. Part-time assignments
which, when work and program hours are added together, are equivalent to a
full-time assignment shall be combined.
2. Favorable points shall not be granted for
average or above average performance for who are not assigned to a program,
unless the incarcerated person is diagnosed as totally disabled as defined in
section 3000.
3. Time that an incarcerated person spends
during a six-month review period with a diagnosis of being totally disabled as
defined in section
3000 shall count for the purpose
of granting favorable points for average or above average
performance.
(b) Unfavorable behavior since last review
(Boxes 54-71):
(1) For each serious
misbehavior for which the incarcerated person was found guilty during a
six-month review period, apply eight points for a Division A-1 or A-2 offense;
apply six points for a Division B, Division C, or Division D offense; apply
four points for a Division E or Division F offense, 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 in Boxes 54-59. Only
misbehavior that is equivalent to a serious rule violation as defined in
section 3315 shall be recorded. This
includes behavior while in the county jail or conduct that occurred while the
incarcerated person was housed in another state or federal jurisdiction.
(A) Do not include any administrative rule
violations.
(B) When the serious
misbehavior also includes other factors listed in subsection (2) through (7)
below, assess additional points for each applicable factor.
(2) For each battery on a non-incarcerated
person or attempted battery on a non-incarcerated person during any six-month
review period, eight points shall be entered in Boxes 60-61.
(3) Battery means any offense as described in
section 3005(d) where
criminal prosecution had, or would normally have taken place.
(4) For each battery on an incarcerated
person or attempted battery on an incarcerated person during any six-month
review period, four points shall be entered in Boxes 62-63.
(A) Refers to situations where one or more
incarcerated persons are clearly the victim.
(B) Do not include mutual combat where both
incarcerated persons were co-responsible.
(5) For each incident involving the
distribution of any controlled substance, per subsection
3323(c)(6), in an
institution/facility or contract health facility, for distribution and sales,
four points shall be entered in Boxes 64-65. Points shall not be assessed for
personal use or possession of a small quantity of drugs, or being under the
influence.
(6) For each
well-documented serious disciplinary for possession, manufacture, or attempted
manufacture of a deadly weapon where apparent use was intended, 16 points shall
be entered in Boxes 66-67. Points shall not be assessed for possession of
commonly available and unmodified objects, unless they were used as weapons and
that fact is documented in the disciplinary report. 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).
(7) For each serious
disciplinary where the incarcerated person led a facility riot, racial
disturbance or work strike, four points shall be entered in Boxes 68-69.
Include any willful and deliberate behavior that may have led 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, of the type described in section
3005.
(8) For each battery that caused serious
bodily injury, 16 points shall be entered in Boxes 70-71. incarcerated persons
who conspired in or ordered the battery shall receive the same points.
(A) Serious bodily injury is that which is
defined in Section
3000.
(B) Any attempted battery which may have been
life threatening but circumstances such as heavy clothing prevented the
homicide shall be included.
(c) Prior Preliminary Score (Boxes 75-77):
(1) The prior preliminary score is the
calculated score that appears on the most current classification score sheet.
Enter that value in Boxes 75-77.
(2) When the most current score appears on
the CDCR Form 839 (Rev. 07/24) or later, CDCR Classification Score Sheet, enter
the value from that score sheet that is the preliminary score.
(3) When the most current score appears on
the CDCR Form 840, (Rev. 07/24) or later, CDCR Reclassification Score Sheet,
enter the value from that score sheet that is the new preliminary
score.
(4) When the most current
score appears on the CDCR Form 841, (Rev 07/24) or later, CDCR Readmission
Score Sheet, enter the value from that score sheet that is the new preliminary
score.
(d) Net Change in
Score (Boxes 78-80):
Combine the total favorable points (item C.4.) with the
total unfavorable points (item D.8.). Enter the total as a plus or minus value
for net change in score.
(e)
Preliminary Score Subtotal
(1) The prior
preliminary score subtotal is the combined value of the prior preliminary score
and net change in score.
(2) Record
this value on the line provided.
(3) Computations that result in a minus value
shall be entered as zero.
(f) Change in term points (Boxes 81-83):
(1) If, during reception center processing,
the incarcerated person has been designated as a PVRTC, do not enter a value.
This area is left blank for an incarcerated person who has returned as a parole
violator without a new term.
(2) If, subsequent to reception center
processing, the parole violator 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 841.
(3) If, during reception center processing,
the incarcerated person has been designated as a PVWNT, the prior term points
shall be given a minus value and combined with the new term points. To
determine the new term points, multiply the number of whole years times two.
Drop months from the calculation.
(4) Any term point adjustments that may have
been recorded on a previous CDC Form 840 or CDC Form 841 must also be taken
into consideration to determine the final total change in term
points.
(5) Determine the
difference between the new term points and the old term points. The resultant
plus or minus figure is the change in term points.
(6) A change in the term points is recorded
only if there is a change in the total term length.
(g) New Preliminary Score (Boxes 84-86):
(1) The incarcerated person's new preliminary
score is the result of combining the preliminary score subtotal with the change
in term points (if any).
(2)
Right-justify the total.
(3)
Computations that result in zero or a minus value shall be entered as
zero.
(h) Mandatory
Minimum Score Factor Code and Mandatory Minimum Score (Boxes 87-89):
(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 87.
(B) If one or more mandatory minimum score
factors is present, determine which of the factors is associated with the
highest score and enter that code in Box 87.
(C) Enter the mandatory minimum score that
corresponds to the selected code in Boxes 88-89.
(i) Placement Score (Boxes 90-92)
(1) If there are no case factors that require
a mandatory minimum score, enter the new preliminary score as the placement
score.
(2) If a mandatory minimum
score has been applied, and it is greater than the new 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 new preliminary score, enter the new
preliminary score as the placement score.
(4) The placement score is the primary factor
that is used to determine the security level to which the incarcerated person
is assigned.
(j) Special
Case Factors (Boxes 93-95)
(1) In Box 93,
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 94, 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 95, enter "R"
if the incarcerated person meets the criteria for an "R" suffix per section
3377.1(b).
(k) Classification Staff Representative
(Boxes 117-181):
(1) The CSR determines
appropriate housing in keeping with Departmental needs, safety and security,
the incarcerated person's placement score and administrative determinants.
(A) The three-letter codes from section
3375.2 shall be used to indicate
the administrative determinants. Up to five administrative determinants may be
entered in Boxes 156-170.
(B)
Reason for administrative or irregular placement (Boxes 179-181).
1. Entered only if the facility's security
level where the inmate is placed is not consistent with his/her placement
score.
2. Enter one of the
administrative determinant's three-letter codes from section
3375.2.
3. CSR approval of an administrative or
irregular placement is valid only as long as the inmate'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 and 5054, Penal Code.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
4502 and
5054, Penal
Code.