Cal. Code Regs. tit. 15 § 3078.5

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

Section 3078.5 - Alternative Custody Program Participant Case Management and Supervision

(a) Each Alternative Custody Program (ACP) Participant shall be assigned to the supervision of a designated Division of Adult Parole Operations (DAPO) staff who shall function as the case manager. The designated DAPO staff shall:

(1) Monitor, track, record, evaluate, and provide guidance to ACP Participants and their progress in meeting their Individualized Treatment and Rehabilitation Plan (ITRP) goals and objectives.

(2) Act as a liaison with the ACP Program Manager to ensure tracking and administrative processes are completed including but not limited to:

(A) Case Records, including such things as providing proposed address during the release process, reviewing and completing forms and documents regarding residence verification and reporting instructions, etc.

(B) Disciplinary process, including such things as obtaining copies of police reports, providing information regarding witnesses and witness testimony, curfew violation reports, positive anti-narcotic test reports, etc.

(C) Return to institution process.

(D) Transitioning from ACP to parole or post-release community supervision.

(b) Level of supervision will be determined by DAPO staff based on prior criminal history, case factors, risk factors and participant's current behavior. Supervision includes but is not limited to:

(1) Electronic monitoring, consistent with section 3540.

(2) Anti-narcotic testing, if applicable.

(3) Face-to-Face Contacts, as defined in section 3000.

(c) The participant and their residence shall be subject to search and seizure by a peace officer at any time of the day or night, with or without a warrant and with or without cause, for the purpose of verifying compliance with the requirements of the ACP.

(d) Subsequent residential and/or program changes after initial ACP placement shall require coordination between designated DAPO staff, involved relevant staff from the participant's program, if applicable, and the ACP Program Manager. Any such changes that involve movement into or between any combination of Transitional Care Facilities or Residential Drug or Treatment Programs, as defined in section 3078(d) and (e), must be coordinated between designated DAPO staff and the ACP Program Manager.

Cal. Code Regs. Tit. 15, § 3078.5

1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).

Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.