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Criminal Justice Realignment:
What Counties Need to Know to
Implement
Presented:
September 2011
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Custody Decisions/PopulationManagement for N3
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Enhanced local custody and supervision tools: Alternative custody tools for county jails
Home detention for low-level offenders
Counties may contract for beds: With CDCR (healthy level II/III $77.00 day)
With other counties
With public Community Correctional Facilities
(CCFs) With Fire Camps (proposal $46.19/day)
Counties MAY NOT contract back parolerevocations
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Its Not Parole and Its Not Probation
Postrelease CommunitySupervision
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Key CDCR Determinations21
Does the inmate qualify for PRCS
What is the county of last legal residence
(CLLR)
What are the terms and conditions of release
(general and special)
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BREAK TIME
15 MINS
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Determination of an inmates status after
release, state or local
Are they a PRCS?23
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CDCR Screening Process24
Starts 180 prior to calculated release date Completed by Correctional Counselors in the
institutions The CDCR form 611 Release Program Study
determines if the inmate is PRCS eligible Counties will receive a pre-release packet if the
611 determines PRCS Counties will be mailed a post-release packet
within 2 days of release Counties need to complete the reporting
instruction portion of the RPS and return the formto the institution
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Special determinations to accessPRCS eligibility
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High Risk Sex Offenders (HRSO) All inmates who are required to register pursuant to Penal
Code Section 290 For male inmates the Static 99 tool will be utilized For female inmates the Female Sex Offender Risk Assessment
(FSORA) tool will be utilized
Mentally Disordered Offenders (MDO) This must be done close to time of release If an inmate is identified as PRCS initially and is
subsequently determined to be MDO, the county will benotified the inmate is no longer being sent to PRCS.
PC 3000(b)(2) (Longer Parole Tail than 3 years)
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CDCR Form 611, RPS
Section III., Supervision Determination by
Correctional Counselor
Section IV., Supervisor Review and Approval of
Screening Determination
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What if its Wrong?27
PRCS county contact should contactCorrectional Counselor at the institution
If still disagree contract Tanya Rothchild
Please review the packets carefully, especially
first batch as the process is new for everyoneand mistakes could be made
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County of Last Legal Residence29
Penal Code Section 3003 states inmates releasedfrom custody shall be sent to the county of their lastlegal residence pr ior to incarcerat ion
The Probation Officers Report shall be primary resource. The arrest report shall be used if there is no POR available
If inmate is serving a term for an in-custody offense,the county of the institution is NOT the CLLR
If the inmate was transient or from out of state whencommitted, CDCR advises its staff to utilize theCounty of Commitment.
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Can an inmate request a differentcounty of residence beside CLLR?
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Yes in the 611 RPS, if an inmate identifies adifferent county that information will be sent to theCLLR county
Legally, the inmate will be released to the CLLRbut there is a provision to start a county transferprocess at this point
However, regardless of where the inmaterequested to reside, if the reporting instructions
indicate an address in the CLLR. The inmate willbe told to report as directed. (A out of countyprocess may be initiated at any point)
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Out of County Placement/Transfer31
The inmates residence plan includes where he/shewould like to be released.
Ifhe/she does not, it may state transient or none
meaning they have no home to reside within the CLLR.
As the supervising agency, it is the countys decisionwhether this placement is approved.
If it is not, the county needs to let the institution know todeny the inmates request and provide and suitablealternative address if an acceptable one was notprovided.
H d h O f C
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How does the Out of CountyTransfer work between counties
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NO 1203.9 Process!!!!!
Supervising Entity Sending Determines whether the offender does permanently
reside out of county Must approve of the new address does not violate
terms and conditions If yes, must transmit prison packet within 2 weeks to
Supervising Entity Receiving
Supervising Entity Receiving Upon verification, shall accept JURISDICTION
Residence = customarily lives exclusive ofemployment, school or other temp purpose
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What terms and conditions attach?
PRCS Eligible; CLLRDetermined.
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What about Special Conditions35
Counties may send to the institution via fax SpecialConditions of Release that the inmate needs to haveprior to release.
CDCR requests the fax cover sheet provided todesignated county contacts be utilized for this purposeto ensure appropriate handling by institution staff.
Special conditions will be issued to the inmates by the
correctional counselors
The signed conditions will be returned to the countiespursuant to the direction provided on the form.
Thi CDCR ill ti t d
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Things CDCR will continue to dofor PRCS
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CDCR will continue to advise inmates ofanyregistration requirements
CDCR will also provide pre-release notifications to
victims and law enforcement as required by statute
Will not release any high risk on weekends or holidays
Prior to an inmate being released, CDCR staff will enterstatutorily required information into the Parole LawEnforcement Automated Data System (LEADS).
CDCR will provide information to DOJ for entry intoCLETS (further discussion on data entry)
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What to expect
Day of Release37
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What the Inmate should expect38
On an inmates day of release, he or she isprocessed out of the institution and taken to thelocal bus station for transport to their county oflast legal residence. Inmates may chose to have someone pick them up.
Each inmate is given $200 in release funds(commonly referred to as gate money).
The inmate is required to utilize these funds forthe purchase of the bus ticket.
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What should county expect39
PRCS should have all their reportinginstructions and information regarding theirsupervising entity contact
If CDCR mental health staff advise the custodystaff within the prison that an inmate appears toeither pose harm to themselves or the publicupon release, CDCR institution staff will advisethe county prior to the offenders release.
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What about complex cases40
If the county identifies information on the 611form regarding an inmates medical or mentalhealth condition, they can contact thedesignated representative at the institution
May request to move difficult to transport PRCSto a closer CDCR institution to arrange forcounty pick up
There will be additional work on some of thehigh need medical/MH inmates
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BREAK TIME
10 MINS
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Supervision, Revocation, Dischargeprocess
Now PRCS is in your county42
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PRCS Supervision43
Supervision levels and case plans not mandated by statutebut determined by supervising agency (probationdepartment) General statutory conditions to be agreed to by offender prior to
release from prison
Permits CDCR to hold inmate until credits exhausted untilthey sign
Adds term that they may be arrested by peace officer orprobation officer with or without a warrant when there is PCfor violation
Supervising agency may send special conditions to CDCR priorto release must have a nexus to the offender
Explicitly authorizes EM as possible condition May want to add restitution provisions
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PRCS Supervision44
Supervising agency has authority to handle allintermediate sanctions without court involvement, up toand including flash incarceration (up to 10 consecutivedays)
Flash incarceration is not subject to credits Not in statute, but CDCR meets the legal requirement of
a probable cause review process by ensuring within48 hours a paper review by a supervising agent tovalidate the arresting agents decision
Authorizes any peace officer to arrest for violation withPC but only supervising entity can seek a warrant
Tolls the PRCS time for absconders if warrantoutstanding
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PRCS Supervision45
Authorizes any peace officer to arrest forviolation with PC but only supervising entitycan seek a warrant This waiver was added to the terms and
conditions
Peace officer must bring the person before thesupervising entity for approval to hold (eitherunder flash or starting a revocation proceeding)
Tolls the PRCS time for absconders if warrantoutstanding
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PRCS Revocation Process46
Only supervising agency can petition forrevocation
Each supervising agency must establish an
assessment process to review applicability ofintermediate sanctions authorized by law prior tofiling a petition
Revocations capped at 180 days per event Jail only, no return to prison, custody credits apply
At completion of revocation time, offenders returnto PRCS (if they were revoked and reinstated) if
there is available time left on the three-year tail
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The Judiciarys Role in PRCS47
Judicial Council is to adopt rules of court and forms to handle finalrevocation process
Courts involvement starts with filing of a petition for final revocationof supervision
Prior to filing petition, supervising agency must assess anddetermine that intermediate sanctions are inappropriate
Courts will be authorized to appoint hearing officers for these cases
Hearing officers may modify conditions, revoke to jail (not prison) forup to 180 days, or refer to an evidence-based program such as areentry court
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MYTH The sanction for a revocation of
traditional adult probation is nowcapped at 180 days in jail.
No. Realignment does not affect felony
probation sanctions. Persons on felonyprobation for an offense that is ineligible forprison cannot be revoked to state prison,but will serve their revocation in county jail.
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PRCS Discharge Process49
Discharges by operation of law at the end of 3 years
Supervising agency (probation department) maydischarge after 6 consecutive months of no violations Violations = custodial sanctions
Must discharge after a continuous year served withno violations within 30 days
Violations = custodial sanctions
Courts WILL NOT be involved in the dischargeprocess for either PRCS or parolees
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Yes, it still exists
State Parole50
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State Parole51
Who remains on state parole?Third strikers
Individuals with a current serious and/or violent
commitment felonyHigh-risk sex offenders, as defined by CDCR
Mentally Disordered Offenders (MDOs)
Anyone on parole prior to October 1, 2011 Inmates who have an active parole term
applied under Penal Code Section 3000(b)(2)
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Parole Violations52
Board of Parole Hearings (BPH) retains authority overparole revocations until July 1, 2013
Same sanctions available as PRCS, including flashincarceration in county jail for up to 10 days
Violations will be served in jail starting October 1, 2011
Only persons sentenced to a term of life can be revokedback to state prison
Revocations capped at 180 days in jail, per event (exceptfor lifers)
After July 1, 2013, the final revocation process will workthe same for parolees as it does for PRCS (handled by thecourts)
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what the state will tell you and what itwont
Local planning process53
Community Corrections
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Community CorrectionsPartnerships (CCP): Membership
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14-member statutorily created CCP predatescriminal justice realignment Realignment defines CCP Executive Committee:
Chief Probation Officer (chair) Sheriff Police Chief District Attorney Public Defender Presiding Judge (or designee) One appointment by Board of Supervisors from among
head of DSS, MH, or ADP
Brown Act applicability: consult with countycounsel
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CCP Implementation Plan55
In realignment context, CCP is charged withpreparing a plan to present to the Board ofSupervisors to implement 2011 Public SafetyRealignment consistent with local needs andresources
Plan development involves the entire CCP
CCP Executive Committee votes to send plan
to BOS
Plan deemed accepted unless rejected byBoard by a 4/5 vote
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MYTH
The CCP plan must be submitted byOctober 1, 2011.
There is no deadline for the plan to be presented,and statute does not prescribe a particular format.However, once the BOS adopts a plan, the countymust furnish a copy to the Corrections StandardsAuthority within 60 days.
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QUESTIONS?
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