Cal. Code Regs. tit. 15 § 3768.2

Current through Register 2024 Notice Reg. No. 21, May 24, 2024

Section 3768.2 - Exclusions from the Mandatory Use of the Parole Violation Decision-Making Instrument

(a) The CDCR Form 1500 (Rev. 05/13), Parole Violation Decision-Making Instrument (PVDMI), which is incorporated by reference, shall be used to assess all known parole violations except in the following circumstances:

(1) Any alleged violation committed by a felon from another state who is being supervised in California under the provisions of the Interstate Commission for Adult Offender Supervision (Compact).

(2) Any alleged violation which is based on in-custody behavior.

(3) If the automated PVDMI system is inoperable due to system failure. The Parole Automation Team (PAT) will notify system users of the failure and estimated time of system restoration, via electronic mail. Upon restoration of the system, the PAT will utilize electronic mail to notify users that the system is operational.

(4) Any alleged violation committed by a participant of a reentry court program shall have his or her violation referred to the reentry court for adjudication.

(b) For the purposes of this section, the PAT is defined as staff assigned to the Division of Adult Parole Operations that are responsible for the information technology and automation needs of the Division, and are responsible for the maintenance and support of the PVDMI system.

Cal. Code Regs. Tit. 15, § 3768.2

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3015, 5054 and 5076.2, Penal Code.

1. New section filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-7-2010 order, including amendment of section heading and subsection (a), transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
3. Amendment of subsection (a) filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
1. New section filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-7-2010 order, including amendment of section heading and subsection (a), transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
3. Amendment of subsection (a) filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and filed 8/27/2014 (Register 2014, No. 35).
5. Change without regulatory effect repealing subsection (a)(1) and renumbering subsections filed 4-22-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 17).