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§ 3075.2. Releases.

15 CA ADC § 3075.2Barclays Official California Code of RegulationsEffective: December 20, 2022

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs (Refs & Annos)
Article 6.5. Intake, Release and Discharge of Inmates
Effective: December 20, 2022
15 CCR § 3075.2
§ 3075.2. Releases.
Currentness
(a) Day of release.
(1) Inmates, except as otherwise provided by applicable law and regulations, shall be released on their scheduled release date. Inmates shall not be retained beyond their discharge date.
(b) Release Instructions.
(1) Notification of registration requirements:
(A) An inmate required to register pursuant to Penal Code sections 186.30, 290, or 457.1, or Health and Safety Code section 11590 shall be notified of the requirement before being released from custody.
(B) Such inmates shall complete a SS Form 8047, Notice of Registration Requirement, acknowledging notification of the requirement.
(2) Reporting instructions for inmates being released to parole, except for inmates released to non-revocable parole as provided in section 3505:
(A) The Release Program Study (RPS) (Rev. 8/12), located in SOMS, which is incorporated by reference; the automated Notice and Conditions of Parole (NOC) (Rev. 07/22), which is incorporated by reference, the automated Special Conditions of Parole (SCOP) (Rev. 04/19), which is incorporated by reference, and reporting instructions, shall be explained to the inmate at least 45 days before their scheduled release to parole or, if less than 45 days remain as a result of a change in the inmate's legal status, as soon as possible.
(B) The CDCR Form 611 shall specify a date, time, place and official to whom a newly released inmate shall report.
(C) Parolees designated as the highest control or highest risk classification shall report to their assigned parole unit on the first working day following release or within two calendar days from release, as instructed by a parole agent. Under no circumstances shall parolees designated as the highest control or highest risk classification be granted a delay in reporting to their assigned parole unit.
(D) Authorized delay in reporting for cases not designated as the highest control or highest risk classification.
1. Any delay in reporting to an assigned parole unit upon release from incarceration shall be case conferenced with a unit supervisor for approval. Parolees released from incarceration shall report to their assigned parole unit and any delay in reporting shall only be approved in extenuating circumstances, on a case-by-case basis, when the circumstances surrounding the release prevents the parolee from reporting in a timely manner and are beyond their control (e.g., parolee cannot report to the assigned parole unit as instructed due to the distance between the release location and the assigned parole unit). The unit supervisor should only authorize the amount of time reasonably necessary to allow the parolee to report to the assigned parole unit. Under no circumstances shall the delay in reporting be authorized for more than seven calendar days from the parolee's scheduled reporting date.
(3) Notice and conditions of parole requirements, except for inmates released to non-revocable parole.
(A) Prior to any parole proceeding, the parole agent shall complete the CDCR Form 2289 (Rev. 04/20), Notice and Request for Assistance During a Parole Proceeding, which is incorporated by reference, and verify any known disabilities that may require a reasonable accommodation or modification during a parole proceeding by reviewing case documents and CDCR databases.
(B) The automated NOC and, if applicable, the automated SCOP shall be interpreted or otherwise effectively communicated to all parolees.
(C) The parole agent shall request the parolee to sign a printed copy of the automated NOC, and a printed copy of the automated SCOP (if applicable), after explaining the form(s) to the parolee. If the parolee refuses to sign the NOC or SCOP, the parole agent shall attempt to resolve the issue. If the parolee continues to refuse to sign the NOC or SCOP, the parole agent shall note the refusal in the signature block of the NOC or SCOP and advise the parolee that the conditions of parole are imposed regardless of the signature.
(D) If an interstate cooperative parolee, as defined in section 3000, refuses to sign conditions of parole, this shall be considered behavior requiring retaking and reported to the state from which the parolee was sent, with a recommendation that the offender be returned to the sending state.
(E) Any special conditions of parole imposed by the department shall be related to the inmate's commitment offense or to conduct that may reasonably lead to future criminal behavior.
(F) When a department-imposed special condition no longer applies to a parolee, a unit supervisor or higher level staff may remove or modify any but the following department-imposed special conditions:
1. A prohibition on the use of alcoholic beverages pursuant to Penal Code section 3053.5.
2. A requirement to participate in psychiatric treatment, unless behavioral health reintegration staff have recommended, in writing, that the treatment be discontinued.
(G) Within five days after verbally requiring or prohibiting specific behavior of a parolee, staff shall give the parolee written confirmation of such instructions.
(4) Notice of non-revocable parole requirements:
(A) Inmates who are approved for non-revocable parole shall have an automated NOC and, if applicable, an automated SCOP effectively communicated to them at least 45 days prior to their scheduled release to parole, or as soon as possible if less than 45 days prior to release remain. The automated NOC and the automated SCOP shall document the offender's understanding of requirements including, but not limited to, the following:
1. Return to the county of last legal residence prior to incarceration pursuant to Penal Code 3003(a).
2. Obligation to register with local law enforcement as ordered by law.
3. Obligation to pay outstanding restitution balances while on non-revocable parole.
4. Search and seizure requirements pursuant to Penal Code section 3067.
(5) Reporting instructions and notice of conditions of release for inmates released to Postrelease Community Supervision as provided in section 3079:
(A) The CDCR Form 611 (Rev. 8/12), Release Program Study; and the CDCR Form 1515-CS (Rev. 08/12), Notice and Conditions of Postrelease Community Supervision, which is incorporated by reference, and any additional reporting instructions or conditions received by the supervising county shall be explained to the inmate at least 45 days before their scheduled release date or, if less than 45 days remain as a result of a change in the inmate's legal status, as soon as possible.
(B) The CDCR Form 611 shall specify, at minimum, a place and official to whom a newly released inmate shall report.
(c) Release Clearances.
(1) Before release, an inmate shall be provided a CDC Form 162 (Rev. 1/66), Release Clearance, to obtain the signature indicating the release clearance of the facility officials as designated thereon, and return the form to the facility's receiving and release office.
(2) The original CDC Form 122 (Rev. 12/85), Property Receipt-Release, which is completed by receiving and release staff, shall be provided to the inmate before release.
(3) At the time of release, the inmate shall be presented a CDCR Form 102 (Rev. 03/22), Release Statement, which is hereby incorporated by reference, to sign acknowledging receipt of any California identification card, medical card, debit card with terms and conditions, instructional flyer, cash, check(s), or transportation voucher, and clothing, or any combination thereof. Failure by the inmate to sign the CDCR Form 102 shall not be justification for withholding either the inmate's release allowance or any trust account funds, as described in subsections 3075.2(d) and 3075.2(d)(1).
(d) Release Allowances. A release allowance is a sum of money intended for the rehabilitative purpose of assisting in an inmate/parolee's reintegration into society, and shall only be provided to an inmate/parolee who is released from a CDCR Institution/Community Correctional Facility to the direct supervision of a parole agent in the community, is placed on non-revocable parole, is released to Postrelease Community Supervision, is released to an alternative custody program pursuant to 15 CCR § 3078, et seq., is released upon completion of a term of imprisonment to local law enforcement as a result of a detainer or hold, is released to the custody and supervision of the Department of State Hospitals, is released to a detainer or hold pursuant to commitment proceedings as a sexually violent predator (Welfare and Institutions Code, Article 4, Section 6600), or is discharged from the jurisdiction of the CDCR. Except as stipulated below, inmates/parolees shall receive the release funds specified in Penal Code (PC) Section 2713.1, for six months or more served in a CDCR Institution/Community Correctional Facility. Inmates/parolees serving less than six months in a CDCR Institution/Community Correctional Facility shall be given a prorated daily rate for each day, or fraction of a day, in custody up to the amount specified in PC 2713.1 utilizing the formula:
Release funds per the amount specified in PC 2713.1 divided by 182.5 days (six months) equals the daily rate rounded to two decimal places.
The cost of the following items shall be deducted from the inmate's release allowance in connection with the inmate's release:
Release apparel not previously purchased by the inmate or inmate's designee.
Any transportation costs paid by the state.
Clothing and public transportation, if required, shall not be denied due to an insufficient release allowance.
Parolees who willfully abscond shall forfeit any remaining release allowance otherwise due to them. Parolees placed in custody and released from county jail as a result of a parole violation are not eligible for CDCR release allowance.
(1) A release allowance shall not be provided to an inmate released to the custody of the federal government or another state unless the inmate is released from custody and available for parole supervision in California or a state under the interstate compact (Article 3 (commencing with Section 11175) and Article 3.5 (commencing with Section 11180) of Chapter 2 of Title 1 of Part 4 of the Penal Code)). Inmates released to the custody and supervision of the U.S. Immigration and Naturalization Service and awaiting a deportation hearing date are not entitled to receive a release allowance.
(2) Inmates erroneously received into CDCR and ultimately transferred back to the county jail to serve county jail commitment pursuant to PC Section 1170(h), are not eligible to receive a release allowance.
(3) If an inmate is eligible for release allowance of $200, pursuant to PC section 2713.1, the department shall give the inmate the option of receiving the release allowance and any inmate trust account balance on a debit card or a check. The inmate will be notified of the option of debit card or check at least ten (10) business days before release. If it is not possible to notify the inmate at least 10 business days before release due to a changed release date, the inmate shall be notified as soon as the changed date is determined. The inmate shall make the selection at the time of notification. If the inmate does not select a disbursement option, the release allowance and the inmate trust account balance shall be issued by check(s).
(A) If the total of an inmate's release allowance and trust account is $1,000 or less, the total amount will be loaded on a debit card, or the total amount will be issued by check, depending on the selection made by the inmate.
(B) If the total of an inmate's release allowance and trust account exceeds $1,000, and the inmate chose the debit card option, the release allowance will be disbursed by debit card. The inmate's trust account balance will be disbursed by check.
(e) Transportation Arrangements.
(1) An inmate's transportation upon release shall be arranged by the facility, unless a private party has contacted the facility at least three days before the inmate's scheduled release, has offered to provide transportation, and the facility has approved the arrangement.
(f) Exonerated Persons
(1) Release allowances and balance of trust account for exonerated persons being discharged from an institution shall be processed as described in section 3075.2(d)(5)(B).
(2) Release allowances and trust account balance for exonerated persons being discharged from a court, along with any other payments as specified in PC section 3007.05, shall be issued by check.
(3) The CDCR Form 102 (Rev.03/22), Release Statement, Section I, shall have the Exonerated checkbox marked.

Credits

Note: Authority cited: Sections 2713.1, 3000.03, 5058 and 5058.3, Penal Code. Reference: Sections 186.30, 290, 457.1, 1168, 1170, 1170.05, 2713.1, 2901, 2962, 3007.05, 3053.5, 3060.7, 3067, 3450, 3452, 3453, 3454, 5054, 11175, 11176 and 11180, Penal Code; Sections 2713.1, 6600, 6601 and 6604, Welfare and Institutions Code; 12 CFR 1005.10(e)(2), 31 CFR 1022.380; and Sabatasso v. Superior Court (2008) 167 Cal. App. 4th 791, 797.
History
1. New section filed 6-27-94; operative 7-27-94 (Register 94, No. 26).
2. Amendment of subsections (d) and (d)(1), new subsections (d)(2) and (d)(7), repealer of subsection (d)(4), subsection renumbering, amendment of newly designated subsection (d)(3)(C) and amendment of Note filed 1-21-2003; operative 2-20-2003 (Register 2003, No. 4).
3. Amendment of section and Note filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
5. New subsections (d)(8)-(d)(8)(B) and amendment of Note 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.
6. 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).
7. New subsections (d)(8)-(d)(8)(B) and amendment of Note 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.
8. Amendment of subsections (b)(2)-(b)(2)(B), new subsections (b)(5)-(b)(5)(C) and amendment of subsections (d) and (d)(2) and Note filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
10. New subsections (d)(8)-(d)(8)(B) and amendment of Note 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.
11. Certificate of Compliance as to 6-26-2012 order, including further amendment of subsections (b)(2)(A) and (b)(5)(A), repealer of subsection (b)(5)(C) and amendment of Note, transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
12. Certificate of Compliance as to 9-13-2012 order transmitted to OAL 1-11-2013 and filed 2-25-2013 (Register 2013, No. 9).
13. Change without regulatory effect amending subsections (d)(4)(C), (d)(5) and (d)(7) filed 3-11-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 11).
14. Amendment of subsection (b)(2)(A) filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 2-6-2014 order, including amendment of subsection (b)(2)(A), transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8-27-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
16. Amendment of section and Note filed 6-14-2018; operative 10-1-2018 (Register 2018, No. 24).
17. Amendment of section and Note filed 2-25-2019; operative 4-1-2019 (Register 2019, No. 9).
18. Amendment of subsections (b)(2)(A) and (b)(3)(A) filed 4-9-2019; operative 7-1-2019 (Register 2019, No. 15).
19. Amendment of subsections (c)(1) and (c)(3), new subsections (f)-(f)(3) and amendment of Note filed 10-8-2020; operative 1-1-2021 (Register 2020, No. 41).
20. Amendment of subsection (c)(3), repealer and new subsection (d)(3), new subsections (d)(3)(A)-(d)(3)(B), amendment of subsection (f), repealer and new subsection (f)(1), new subsection (f)(2), repealer of subsection (f)(3), subsection renumbering and amendment of Note filed 6-28-2022 as an emergency; operative 6-28-2022 (Register 2022, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-5-2022 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsections (b)(1)(A) and (b)(2)(A), new subsection (b)(3)(A), subsection relettering, amendment of newly designated subsections (b)(3)(B)-(C) and (b)(3)(F)1.-2., amendment of subsection (b)(4)(A) and amendment of Note filed 7-8-2022; operative 10-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 27). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
22. Certificate of Compliance as to 6-28-2022 order transmitted to OAL 11-4-2022 and filed 12-20-2022 (Register 2022, No. 51).
23. Change without regulatory effect repealing subsections (d)(4)-(d)(4)(B) filed 9-8-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 36).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3075.2, 15 CA ADC § 3075.2
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