Section 3744 - Factors Considered for Return or Transfer to a County or City Other than the County or City of Last Legal Residence(a) For return or transfer to a county or city other than the county or city of last legal residence, DAPO shall consider the following factors to determine if such a return or transfer is appropriate:(1) The need to protect the life or safety of a victim, a witness, the parolee, or any other person.(2) Public concern that would reduce the chance of the offender's parole being successfully completed, such as cases in which the offender's chances of successfully completing parole in the county or city of last legal residence are greatly reduced due to the offender's criminal history, public recognition, family ties, career, or behavior in custody that has resulted in extensive media coverage, public interest, or high notoriety.(3) The existence of a work offer, educational, or vocational training program. (A) For the purposes of this Section, "work offer" is a conditional letter of employment, and "work" is permanent employment that may enable the offender to be financially self-sufficient. Short-term employment is not of sufficient duration to qualify.(B) For the purposes of this Section, educational and vocational training are full-time programs that materially upgrade the offender's employment skills or education level.(4) The existence of immediate family members, as defined in Section 3000, in another county or city with whom the offender has maintained strong ties. (A) Upon proof of a familial relationship, on a case-by-case basis, DAPO may give consideration to other relatives who are not immediate family members if strong family ties have been maintained and the familial relationship would increase the chance of successful completion of parole. Documentation proving a familial relationship may include birth certificates, marriage certificates, or adoption records.(5) The availability of necessary outpatient treatment programs for offenders receiving treatment pursuant to PC Section 2960.(6) Availability for direct placement into a California Department of Corrections and Rehabilitation (CDCR) funded community-based residential treatment program which shall be approved for transfer provided there are no victim or witness residence restrictions as recorded in the offender's special conditions of parole. CDCR-funded community-based residential treatment programs may include Female Offender Treatment and Employment Program, Residential Multi-Service Center, Parolee Service Center, and Specialized Treatment for Optimized Programming.Cal. Code Regs. Tit. 15, § 3744
1. New section filed 3-18-2019; operative 7-1-2019 (Register 2019, No. 12).
2. Amendment of section heading and subsections (a), (a)(2)-(3), (a)(4) and (a)(6) filed 11-30-2021; operative 1-1-2022 (Register 2021, No. 49). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2960 and 3003, Penal Code.
1. New section filed 3-18-2019; operative 7/1/2019 (Register 2019, No. 12).
2. Amendment of section heading and subsections (a), (a)(2)-(3), (a)(4) and (a)(6) filed 11-30-2021; operative 1/1/2022 (Register 2021, No. 49). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.