Cal. Code Regs. tit. 15 § 3075.1

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3075.1 - Intake Processing

(a) A CDC Form 188-L (Rev. 3/89), Cumulative Case Summary, shall be prepared for each incarcerated person committed to the department and shall include:

(1) CDC Form 188, Legal Status Summary.

(2) CDC Form 112 (Rev. 9/83), Chronological History.

(3) Probation Officer's Report (POR).

(4) Criminal Identification and Investigation (CI&I) Report.

(5) A psychiatric/psychological evaluation, when completed pursuant to (c) below.

(6) The Institutional Staff Recommendation Summary (ISRS) described in (h), below.

(7) CDC Form 816 (Rev. 02/03), Reception Center Readmission Summary.

(8) A summary of the incarcerated person's social factors regarding the incarcerated person's: religion; driver's license number; social security number; and the names, birthdays, addresses and occupations of parents and siblings; dates and status of marriages; names, birthdays and custody of children; and family arrest history.

(b) Information affecting an incarcerated person's conditions of confinement or parole and sentence shall be solicited from sources outside the department, with or without the incarcerated person's consent, and shall include California Youth Authority/Division of Juvenile Justice commitment history within the last five years and history of any federal, state or local commitment.

(c) A psychiatric or psychological evaluation shall be prepared for each incarcerated person whose behavior or background information causes staff to believe a serious mental problem may exist.

(d) Casework information and documents important to the placement and supervision of the incarcerated person shall include:

(1) Notification in Case of Death, Serious Injury, or Serious Illness of an Incarcerated Person (see section 3999.417).

(2) CDCR Form 128-O ( ⁰⁷/₂₄ ), Document Receipt.

(3) CDCR Form 345 (Rev. 07/24), Authorization for the Secretary to Maintain Trust Account, which is incorporated by reference.

(e) All questionable information shall be verified to the extent possible.

(f) Information obtained from other documents shall indicate the source. Unverified information affecting an incarcerated person's conditions of confinement or parole and sentence shall be noted as unverified.

(g) Each incarcerated person shall before initial classification be provided a copy of their CDC Form 188-L from which the CI&I Report and CDC Form 112 have been removed.

(h) An ISRS shall be prepared for each person committed with or returned as a parole violator with a new life term.

(1) The ISRS shall state the sources of information used and summarize the incarcerated person's history of or status concerning: type of confidential information on file; holds or detainers; medical and dental requirements or limitations; results of a psychiatric or psychological referral; work experiences and skills; narcotics, drugs and alcohol use; escapes; arson offenses; sex-related offenses; Rehabilitative Program needs or interests; necessary casework follow-up; the counselor's evaluation of the incarcerated person; release plans if the incarcerated person has six months or less to release; classification score and custody designation suffix; community correctional facility eligibility; and recommended facility placement.

(2) An ISRS prepared for a Penal Code section 1203.03 (referred to as a presentence diagnostic) case shall:

(A) Address the incarcerated person's past criminal behavior.

(B) Include in the counselor's evaluation of the incarcerated person a sentencing recommendation to the court.

(C) If the court commits the incarcerated person to the department, include a supplemental report of any changes affecting the incarcerated person's conditions of confinement or parole and sentence since the presentence summary and a recommended facility placement.

(i) A CDC Form 816, Reception Center Readmission Summary, shall be completed for parole violators who are returned to custody with new terms other than a life sentence.

(j) Information affecting an incarcerated person's conditions of confinement or parole and sentence and received after completion of the ISRS or CDC Form 816 shall be incorporated into the incarcerated person's file.

(1) If the information is received after a transfer recommendation endorsement, or the nature of the information indicates a proposed classification action inappropriate, the case shall be referred to a classification committee for reconsideration.

(2) Information received after the incarcerated person has been transferred shall be forwarded to the incarcerated person's new facility.

Cal. Code Regs. Tit. 15, § 3075.1

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.01, 1203.03, 2930, 3002, 5054 and 5068, Penal Code.

1. New section filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
2. Change without regulatory effect amending subsection (d)(3) and adding new form filed 6-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).
3. Amendment of subsections (a), (a)(2) and (d)(1) filed 8-28-2000; operative 9-27-2000 (Register 2000, No. 35).
4. Change without regulatory effect amending subsection (a)(7) filed 8-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 34).
5. Change without regulatory effect amending subsections (b) and (d)(3) and amending and incorporating by reference Form CDCR 345 filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
6. Amendment of subsection (h)(1) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5-14-2014 (Register 2014, No. 20).
8. Amendment of subsection (d)(1) filed 6-2-2014; operative 6/2/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 23).
9. Amendment of subsection (a)(3) filed 6-14-2018; operative 10/1/2018 (Register 2018, No. 24).
10. Amendment of subsection (h)(1) filed 4-27-2021 as an emergency; operative 4/27/2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction of History 10 (Register 2021, No. 36).
12. Amendment of subsection (h)(1) refiled 2-1-2022 as an emergency; operative 2/1/2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (h)(1) refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
15. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).