Section 3745 - Transfer or Return of Offender to the County or City of Last Legal Residence(a) If a transfer or return of an offender to a county or city other than the county or city of last legal residence is based on placement into a CDCR-funded community-based residential treatment program, and the offender does not successfully complete the CDCR-funded community-based residential treatment program, the offender shall be transferred to the county or city of last legal residence.(b) If a transfer or return of an offender to a county or city other than the county or city of last legal residence is based on participation in an educational, employment, training, or treatment program and the qualifying program is no longer offered within that county or city, the offender may be allowed to participate in a similar program in another county or city if one is available and provided there are no victim or witness residence restrictions as recorded in the offender's special conditions of parole or board-ordered conditions prohibiting placement in a specific county or city. The offender shall be transferred to the county or city of last legal residence if no programs are available, or if the offender does not successfully complete the program.(c) The offender shall be transferred from a county or city other than the county or city of last legal residence to the county or city of last legal residence upon a new misdemeanor or felony criminal conviction.(d) At the discretion of the unit supervisor, an offender transferred or returned to a county or city other than the county or city of last legal residence may be transferred to the county or city of last legal residence if the offender violates their general or special conditions of parole. In determining whether to transfer an offender back to the county or city of last legal residence after a violation of a general or special condition of parole, the unit supervisor shall consider the following factors: (1) Seriousness of the violation.(2) Victim-related violation.(3) Goals and progress performance while under supervision.(4) Overall conduct while under supervision.(e) If an offender successfully completes an educational, employment, training, treatment or a CDCR-funded community-based residential treatment program in a county or city other than the county or city of last legal residence, the offender shall be given the option to remain in that county or city provided the offender does not violate any condition of parole and has established an appropriate residence. A residence is considered appropriate as long as it does not cause the offender to violate his or her general or special conditions of parole or any other applicable statutory requirements. The Department shall verify the appropriateness of a residence by completing a CDCR Form 1658 (Rev. 6/11), Pre-Parolee Residence/Employment Verification, which is incorporated by reference.Cal. Code Regs. Tit. 15, § 3745
1. New section filed 3-18-2019; operative 7-1-2019 (Register 2019, No. 12).
2. Amendment of section heading and section 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: Section 3003, Penal Code.
1. New section filed 3-18-2019; operative 7/1/2019 (Register 2019, No. 12).
2. Amendment of section heading and section 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.