Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
The automated CDCR Form 1500 shall be utilized as the reporting mechanism
within the Parole Violation Disposition Tracking System (PVDTS) for the
following types of alleged parole violations:
(1) Any alleged violation that can be
adjudicated by the Division of Adult Parole Operations at the parole unit
level.
(2) Any alleged violation
referred to the Board of Parole Hearings for final adjudication with a
recommendation to Continue On Parole, when the offender is not in custody,
excluding:
(A) Residential Substance Abuse or
Treatment Program placement recommendations.
(B) In-Custody Drug Treatment Program
placement recommendations.
(b) Prior to the initiation of the CDCR Form
1676 (Rev. 04/13) in the PVDTS program, the automated CDCR Form 1500 shall be
completed. Upon the completion of the CDCR Form 1676, it shall be forwarded to
the court as part of the revocation packet for final adjudication of the parole
violation(s) as referenced in Section
3763.
(c) The automated CDCR Form 1500, PVDMI,
shall be completed prior to the removal of a Penal Code section
3056 parole
hold. The CDCR Form 1500 is not required to be completed when an investigation
reveals that no parole violation occurred.
(d) The responsible parole agent will
complete the following sections of the automated CDCR Form 1500, PVDMI:
(1) Section A, Offender Information. Section
A requires manual entry for those portions that do not auto-populate upon entry
of the offender's prison number.
(2) Section B, California Static Risk Level.
Section B shall auto-populate. When a California Static Risk Assessment (CSRA)
risk number value, as described in section
3768.1, is unavailable, the parole
agent is responsible for requesting a CSRA risk number value upon discovery of
the violation.
(3) Section C,
Violations. Section C requires manual entry for those portions that do not
auto-populate.
(4) Section D,
Circumstances of Charges. Section D requires manual entry clearly articulating
the facts and circumstances for each charged violation.
(5) Section E, Mandatory Report to the Board
of Parole Hearings. Section E requires manual entry to designate if the
violation(s) are required to be reported to the Board of Parole Hearings in
accordance with section
2616 of the California Code of
Regulations, Title 15, Division 2.
(6) Section F, Instrument Response Level.
Section F shall auto-populate an appropriate response level to the alleged
violation. Response levels include:
(A) Least
Intensive. Least Intensive responses are those responses to a violation that
impose a minimal sanction and are based on the severity of the violation and
the risk score of the offender who committed the violation. The Least Intensive
Response Level could include a verbal reprimand, the imposition of a curfew, or
increased reporting instructions.
(B) Moderately Intensive. Moderately
Intensive responses are those responses to a violation that impose a
medium-range sanction and is based on the severity of the violation and the
risk score of the offender who committed the violation. The Moderately
Intensive Response Level could include community service, increased urinalysis
testing, or referral to a structured program.
(C) Most Intensive A. Most Intensive A
responses are those responses to a violation that impose a higher range
sanction and are based on the severity of the violation and the risk score of
the offender who committed the violation. The Most Intensive A Response Level
could include a referral to an In-Custody Drug Treatment Program or placement
into Mental Health Services.
(D)
Most Intensive B. Most Intensive B responses are those responses to a violation
that impose the highest range sanction and are based on the severity of the
violation and the risk score of the offender who committed the violation. The
Most Intensive B Response Level would result in a recommendation for revocation
by the parole agent.
(E) Most
Intensive C. Most Intensive C responses are those responses to a violation that
impose the highest range sanction and are based on the severity of the
violation and the risk score of the offender who committed the violation. The
Most Intensive C Response Level would result in a recommendation for revocation
by the PVDMI.
(7) Section
G, Recommended Responses. Section G requires the parole agent to select a
recommended response level as provided for in Section F, or the parole agent
may select an alternative response level. An alternative response selection
will require the completion of the "Parole Agent Override Section."
(8) Parole Agent Override Section. The parole
agent shall indicate stabilizing factors, which would mitigate the offender's
risk and support a less intensive response, or destabilizing factors, which
would support a more intense response. Overrides should not adjust the response
level by more than one level.
(9)
Section H, Agent's Recommended Response Level. The parole agent shall indicate
the specific program that the offender will be required to complete based on
the selected response level.
(e) The parole unit supervisor, or designee,
shall ensure the responsible parole agent completed all the required sections
of the automated CDCR Form 1500, PVDMI. Once verified, the unit supervisor
shall complete Section I, Unit Supervisor's Determination of the automated CDCR
Form 1500, PVDMI.
(1) Once the unit
supervisor reviews the CDCR Form 1500, PVDMI, the "Unit Response Level" shall
be selected. Unit Response Levels that differ from the response level provided
by an agent require articulation of the difference of opinion in the "comments"
area of Section I.
(2) The unit
supervisor shall print and sign the completed CDCR Form 1500, PVDMI document,
attach any supporting documents, and forward the completed PVDMI packet for
processing.
(f) Upon
receipt of the completed PVDMI packet, the Decentralized Revocation Unit parole
administrator shall review the parole unit's response level on the CDCR Form
1500, PVDMI.
(1) For violations that do not
require adjudication by the Board of Parole Hearings (BPH), the parole
administrator can elect to:
(A) Retain the
response provided by the unit supervisor and forward the completed PVDMI packet
to the BPH.
(B) Modify the response
provided by the unit supervisor, documenting the change in Section J of the
automated CDCR Form 1500, PVDMI, and forward the packet to the BPH, or return
the packet to the parole unit, depending on the modification.
(2) For violations that do require
final adjudication by the BPH, the parole administrator can elect to:
(A) Retain the response provided by the unit
supervisor and forward the completed PVDMI packet to the BPH.
(B) Modify the response provided by the unit
supervisor, documenting the change in Section J of the automated CDCR Form
1500, PVDMI and forward the packet to the BPH.
(g) A printed copy of the completed automated
CDCR Form 1500, PVDMI, shall be provided, or postmarked for delivery, to the
supervised person within 10 working days of the final adjudication of the
alleged violation.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
3015,
5054 and
5076.2, Penal
Code.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
3015,
5054 and
5076.2, Penal
Code.