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In re•Department of Corrections andRehabilitation

Regulatory Action:

Title 15, California Code of Regulations

Adopt sections:Amend sections: 300Q, 3753, 3754, 3763,

6766, 3769.6Repeal sections:

NOTICE OF APPROVAL OF REGULATORYACTION

Government Code Section 11349.3

OAL Matter Number: 2017-0531-04

OAL Matter Type: Regular (S)

This regulatory action by the California Department of Corrections and Rehabilitationamends sections in CCR title 15, regarding parole ..holds and revocation. The changesimplement Penal Code section 3000.08 regarding the handling and #ding of a petition torevoke parole in court and the forms used to notify a parolee of their rights under theAmericans with Disabilities Act while in custody afi a county jail pending parolerevocation proceedings.

OAL approves this regulatory action pursuant to section 11349.3 of the GovernmentCode: This regulatory action becomes effective on 10/1/2017.

Date: July 12, 2017

Original: Scott KernanCopy: Josh Jugum

For: Debra M. CornezDirector

a _ ' ~STATE OFCALIFORNIA--OFFICE OF ADMINISTRATIVE I.AW ,__--- ~ ~' - ~ -. ;' y i~ FOr USe by Secretary Of State Only

`NQT~CE Pl')BLICATION/REGI~~a~~''1~, .5 ~St.~B~iI~~S#p~ r`~ee

irevers~ ~'s on

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OAL FILE' NOTICE FILE NUMBER REGULATORY ACTION NUMBER EMERGENCY NUMBER

Nu~B~~s z- ~~ ~--~.~ s ~ -~ ,~ o ~ ~ — a ~ ~ ~ ~ oFor use by C}ffice of Administrative Law (OA~j only

NOTICE REGULATIONS

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of the S~at~ of CaN~omiar-_~'' ~,

___ ___ —. ____ —__~—~ ~ ~ _ --r ~ _. _ _ -_ _. _

AGENCY WITH RULEMAKINGAUTHORITY AGENCY RLE. NUMBER Uf any)

California Department of Corrections and Rehabilitation µ 16-0142

A. PUBLICATION OF NOTItE (Complete for publication in Notice Register)_ __.

1. SUBJECT OF NOTICE ~ v TITLES} ~ FIRST SECTION AFFECTED ̂^ 2 REQUESTEp PUBLICATION DATE

3. NOTICE TYPE '_.____ e___—___

4. AGENCY CONTACT PERSON TELEPHONE NUMBER ~ FAX NUMBER (Optional)

~___~Notice re Proposed r ~Re ulato Action ~1 Qther

OAL USE ACT pN ON PROPOSED NOTICE NOTICE REGISTER NUMBER PUBLICATION DA

ONLY ADProved as Approved as Disapproved/ ..~ , ~a m "~ "" ;, ~ ~ "~3 ~ 1 ̀ ;~

~~ .~ ~„~Submitted ~ Modified ~ Withdrawn ~ d ~. ~ , c

B. SUBMISSION OF REGULATIONS (Complete when submitting regulations)

1a. SUBJECT OF REGULATIONS) 16. ALL PREVIOUS REIATEp OAL REGULATORY ACTIpN NUMBFR(5)

Parole Halds and Revocation ~~j a~~~~~~r~ uest

2. SPEQFY CALIFORNIA CODE OF REGULATIONS TITLE(5) AND SEGTION(S) gncluding title 26, if toxic related)

SECTtON(5) AFFECTED A°oPT ~ ~~~~

(List ali section numbers)

ii'id1VMt~t18l~y. A~BC~t AMEND

additional sheet if needed.) 3Q00, 3753, 3754, 3763, 3766, 3769.6- -- ----- -- REPEALTITLES)

15

3. TYPE OF RLING

Regular Rulemaking (Gov. p g y ❑ ~ y p ~ Changes Without Regulatory ~~X ~ Certificate of Com liance: The a enc officer named Emer enc Reado t (Gov.Code § 11346) below certifies that this agency complied with the Code, §11346.1(h)) Effect {Cal. Code Regs., title

O Resubmittai of disapproved or provisions of Gov. Code §§113A6.2-11347.3 either 7, §100)withdrawn nonemergency before the emergency regulation was adopted orfilin Gov. Cpde §§713493, ~ File &Print ~ Print Oniy

9 t within the time period required by statute.t 1349.4)

Emergency (Gov. Code, ~ Resubmittal of disapproved or withdrawn ~ Other (Specify)§71346.1(b)) emergency filing (Gov. Code, §11346.0

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TOTHE RUIEMAKING FILE (Cal. Code Regs. title i, 444 and Gov. Code 411347J)

5. EFfECTIVf DATE OF CHANGES (Gov. Code, §§ 17 343,4, 17346.1(d); Cai. Code Regs., title i, § 100 }Effective January 1, April 1, July 1, or Effective on filing with §t00Changes Without (~ EffectiveQctober 1 (Gov. Code §11343.4(a)) ~ Secretary of State ~ Regulatory Effect ~. J other (Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANpTHER AGENCY OR ENTITY

Deparcment of Finance (Form STD. 399} {SAM X6660) ~ Fair Political Practices Commission ~ Staze Fire Marshal

Other (Specify)

Josh Jugum 916 445-2228 (916 324-6075 I loshua.jugum@cdcr.ca.gov

$~ 1 certify that the attached copy of the regula#ion(s) is a true and correct copy For use by Office of Administrativ€

of the regalation(s) identified an this farm, that the information specified on this formis true and correct, and that 1 am the head of the agency taking this action,or a designee of the head of the agency, and am authorized #o make this certification.

SIGNATURE OF 'CY HEAC OR DESIGNEE ~~T~

TYPED N IT~E OF SIGNATORY

RALPH M. DIAZ, Undersecreta , Op ations

Adopted Text NCR 17-02 7/12/17 1

TEXT OF ADOPTED REGULATIONS In the following text, strikethrough indicates deleted text; underline indicates added or amended text. California Code of Regulations, Title 15, Divison 3, Adult Institutions, Programs, and Parole Chapter 1, Article 1, 3000. Definitions. Section 3000 is amended to alphabetically merge the definitions below with those that exist in the regulations:

* Notice Agent/Court Agent is the Division of Adult Parole Operations’ primary revocation and Americans with Disabilities Act representative to the local court, sheriff’s department, district attorneys, public defenders, and Department staff.

* Remedial sanction means any instruction, referral, penalty, or restriction, other than the filing of a petition for revocation, imposed upon a person under Division of Adult Parole Operations supervision, as a result of finding that the person has violated a condition of supervision.

* Technical violation means conduct that may not violate a state or federal statute, but is a violation of a condition of parole supervision.

* Note: Authority cited: Sections 243(f)(4), 2717.3, 3000.03, 5058, 5058.3 and 1170.05, Penal Code; Section 10115.3(b), Public Contract Code; and Sections 4525(a), 4526 and 14837, Government Code. Reference: Sections 186.22, 243, 314, 530, 532, 600, 646.9, 653m, 832.5, 1170.05, 1203.8, 1389, 2080, 2081.5, 2600, 2601, 2700, 2717.1, 2717.6, 2932.5, 3003.5(a), 3020, 3450, 3550, 4570, 4576, 5009, 5050, 5054, 5068, 7000 et seq. and 11191, Penal Code; Sections 1132.4 and 1132.8, Labor Code; Sections 10106, 10108, 10108.5, 10115, 10115.1, 10115.2, 10115.3 and 10127, Public Contract Code; and Section 999, Military and Veterans Code; Section 391, Code of Civil Procedure; Section 297.5, Family Code; Sections 8550, 8567, 12838 and 12838.7, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; In re Bittaker, 55 Cal.App. 4th 1004, 64 Cal. Rptr. 2d 679; Section 11007, Health and Safety Code; and Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH). Subchapter 6, Article 18. 3753. Review of a Parole Hold. Subsections 3753(a) through (d) are unchanged.

Adopted Text NCR 17-02 7/12/17 2

New subsection 3753(e) is adopted to read: (e) A parole hold placed by DAPO shall be removed if new felony or misdemeanor charges are filed before the petition for revocation is filed against a parolee for the same conduct in which the parole hold was placed. A petition for revocation shall not be filed in this situation. Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code. 3754. Notification of Reasons for a Parole Hold. Section 3754 is amended to read: (a) In all cases wherein the parole unit supervisor determines probable cause exists to retain the parole hold, the noticing parole agent shall notify the parolee in writing of the reasons for the retention of the parole hold no later than three business days from the date of placement of the hold, utilizing CDCR Form 1502-B (Rev. 04/13 05/15), Probable Cause Determination, which is incorporated by reference. The notice shall include a summary of the violation(s) relied upon to maintain the parole hold. (b) The noticing parole agent Notice Agent/Court Agent shall provide the parolee with the CDCR Form 2271 (04/14 Rev. 04/16), Notice and Request for Assistance During Parole Proceeding While in a County Jail, which is incorporated by reference, no later than three business days from the date of the placement of the hold. If the parolee is released from the custody of the county jail and is instructed to report to the court for a petition for revocation prior to him or her being served the CDCR Form 2271, the noticing parole agent shall ensure that the parolee is served with the CDCR Form 2271 upon the parolee reporting to the court, as previously instructed in subsection 3753(d). Subsection 3754(c) is unchanged. Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 1203.2, 3052, 3056, 3057, 5054 and 5076.2, Penal Code. Subchapter 6, Article 19. 3763. Petition for Revocation. Section 3763 initial paragraph is amended to read: Judicial Council of California Form CR 300 (Rev. 01/14 01/15), Petition for Revocation, which is incorporated by reference, or the unique court form established by a court for this purpose in a particular county, shall be utilized by the parole agent for submitting a recommendation for revocation of parole to the court. Subsections 3763(a) and (b) are unchanged.

Adopted Text NCR 17-02 7/12/17 3

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 1203.2, 3000.08(a), 3000.08(f), 3052, 3053, 3063, 5054 and 5076.2, Penal Code. 3766. Warrants. Subsections 3766(a) and (b) are unchanged. Subsection 3766(c) is amended to read: (c) Department staff shall utilize the CDCR Form 2274 (04/13), After-Hours Warrant Tracking Form, which is incorporated by reference, to process after hours warrant information received by the Administrative Officer of the Day, and manually enter warrant information into the following systems: (1) CLETS. (2) CalParole data system. Strategic Offender Management System. Subsection 3766(d) is unchanged. Note: Authority cited: Sections 1203.2, 3000(b)(9)(B) and 3060.7, Penal Code. Reference: Sections 3000(b)(9)(A), 3052, 5054, 5054.1, 5058 and 5058.3, Penal Code. 3769.6. Processing Absconders from Parole - Reentry Court Program. Section 3769.6 is amended to read: (a) In the event a parolee is determined to have absconded from Reentry Court Program (RCP) supervision, the violation shall be reported to the Board of Parole Hearings (BPH) court and processed pursuant to the provisions for the suspension of parole and issuance of a warrant in Title 15, Division 2, sections 2711 and 2731. as described in Section 3766(b)(1). Section 3769.6(b) is unchanged. (c) In the event the BPH acted to suspend the absconder's parole, the Reentry Parole Agent parole agent shall, upon being advised that the parolee is in custody, initiate the process for reinstatement of parole. (d) Pursuant to PC sSection 3015, the RCP judge has exclusive authority to hear and adjudicate the absconding charge. If the RCP judge chooses to terminate the parolee's participation in the RCP, the BPH shall retain the authority to hear the charge and determine appropriate sanctions. Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3000.08(c), 3015 and 5054, Penal Code.

Final Statement of Reasons NCR 17-02 7/12/17 1

FINAL STATEMENT OF REASONS: The Initial Statement of Reasons is incorporated by reference. DETERMINATIONS, ASSESSMENTS, MANDATES, AND FISCAL IMPACT: The Department has determined that no alternative considered would be more effective in carrying out the purpose for which this regulation is proposed, or would be as effective and less burdensome to affected private persons, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law, than the action proposed. The Department has made an initial determination that the action will not have a significant adverse economic impact on business. Additionally, there has been no testimony or other evidence provided that would alter the CDCR’s initial determination. The Department has determined that this action imposes no mandates on local agencies or school districts, or a mandate which requires reimbursement pursuant to Part 7 (Section 17561) of Division 4 of the Government Code. The Department has determined that no reasonable alternatives to the regulation have been identified or brought to the attention of the Department that would lesson any adverse impact on affected private persons or small business than the action planned. The Department, in proposing the adoption of these regulations, has not identified nor has it relied upon any technical, theoretical, or empirical study, report, or similar document. The Department has relied upon the results of the Economic Impact Assessment, which can be found in the Notice of Proposed Regulations and is available for review as part of the rulemaking file. PUBLIC COMMENTS RECEIVED DURING THE PUBLIC COMMENT PERIOD AND AT THE PUBLIC HEARING: No comments were received during the public comment period. A public hearing was held on May 23, 2017. There were no attendees and no comments received at the hearing.