Probation Department Policy/Procedure Manual

1.10 Adult Prison Staffing

Location	Division Wide
Section	N/A
Subject	1.10 - Adult Prison Staffing on recommendations for CDCR/PC1170(5)(h)(B) serving out their time (maxing out their time)
Purpose	The California Community Corrections Performance Incentives Act of 2009, established a system of performance-based funding that shares state General Funding savings with county probation departments
Effective Date	9/6/2022
Previous Effective Date

 

Officers considering a recommendation of state prison (CDCR) of an adult placed on formal probation or an offender serving out his/her time on their mandatory supervision case(s) per PC1170(h)(5)(B) in response to a probation violation shall first complete the Adult Staffing Memorandum. Once the Memorandum is completed, the officer (DPO) will schedule a time to present the case to their SDPO. In the Memorandum, the DPO will present reasons why a prison sentence or maxing out of time should be imposed. If the SDPO is supportive of this recommendation, the DPO will then email their CDPO to arrange a time to meet with both their SDPO as well as their CDPO to staff the case. There are no set times for these meetings.

In the event the referring DPO is unavailable, the case will be presented by the officer’s supervisor.

Officers shall only make state prison recommendations in response to probation violations and new probation-eligible felonies. (This does not apply to the Investigations Unit.)

Decisions will be reached by consensus when possible. If consensus cannot be reached, the Chief Deputy of the Adult Division will make a final decision.

 

Adult Staffing Memorandum

• Section 1: Offender’s identifying information, the date the offender was put in custody if the offender is still in custody or put the date of release if they are no longer in custody. Then state “Yes” if the offender is in custody or “No” if the offender is out of custody. (Ex. 09/21/22 – Yes) Also, put in the scores of all assessments that have been done to include the dates of those assessments. If the assessment does to apply to the offender, enter N/A.

• Section 2: Current Matter is what is the offender’s committing offense (principal case), add any aggravating or mitigating factors there may be. Aggravating and Mitigating factors are determined at the time of the offense, not at the time of violation.

• Section 3: Prior Record – In order of newest to oldest, add the sentencing date of the offense, description of the offense, the code of law violated, the degree (1^st, 2^nd, …) if applicable, if it is an enhancement, and the triad/time relating to each charge. Do not add the current/principal matter here.

• Section 4: Custody Credit Information – Add custody credits for each case being addressed in this recommendation. In regard to the Johnson Waiver (the defendant waiving his/her credits), if this is an option the defendant is willing to do, the DPO needs to contact the defense attorney in the case to have him/her request of the Court to grant this. (This is for offenders who are amenable to probation supervision.)

• Section 5: Prior Probation Experience (for open formal cases only) – Was the offender compliant? Attend all counseling? Does their behavior support further probation supervision or that the offender is not amenable to probation supervision?

• Section 6: Offender Criminogenic Risk Factors – fill in comments here that are seen from LSCMI scoring

• Section 7: Current Medical Issues – Does the offender have anything currently concerning that is medically related like Stage 4 cancer, dialysis, …?

• Section 8: Community Safety Concerns – Put in details regarding each category that relates to the offender.

• Section 9: Services Provided – Fill in what is specific to the offender and the case(s) being addressed. Include a thorough description of what rehabilitative steps have been taken well as specific information supporting that the probationer poses or does not pose a risk of danger to the community.
• Section 10: Additional Information – Put any information you want to add that does not fit a category above.
• Section 11: Referring DPO’s recommendation(s) – Put in and support what your recommendation is. If your recommendation is not approved, put in backup recommendation(s) here as well.