§ 3078.4. Alternative Custody Program Processing.
15 CA ADC § 3078.4Barclays Official California Code of RegulationsEffective: January 5, 2022
Effective: January 5, 2022
15 CCR § 3078.4
§ 3078.4. Alternative Custody Program Processing.
(3) Preliminary screening for ACP eligibility shall be completed by the Correctional Counselor utilizing the criteria provided in section 3078.2 on a CDCR Form 2235 (03/16), Alternative Custody Program Screening Form, which is incorporated by reference. Upon completion, the CDCR Form 2235 shall be forwarded to Women and Children Services Unit (WCSU) for further screening.
(1) Within 30 calendar days after a finding that the applicant is potentially eligible for participation in ACP, an Individualized Treatment and Rehabilitation Plan (ITRP) shall be developed by designated institution staff in consultation with the inmate based on the assessment completed in (a)(4) above and a review of the inmate's central file. The ITRP shall address a full range of issues including those directly and indirectly related to the specific needs of the potential ACP Participant. The ITRP shall describe specific activities and services needed to achieve identified goals. The ITRP shall address, but is not limited to the following factors:
(2) Institution staff shall coordinate with the ACP Program Manager, as defined in section 3078, to identify appropriate transitional care facility, residential drug or treatment program or residential home consistent with the offender's needs and availability of appropriate program(s). When available and appropriate, the department shall prioritize the use of evidence based programs and services. Other factors to be considered include but are not limited to:
Placement resulting in a potential participant residing in close proximity to any person that was the victim of the potential participant's crime.
(1) The ITRP and all other pertinent information will be presented to the Institution Classification Committee (ICC), as provided in subsection 3376(c)(2), for program participation consideration. The ICC will consider the totality of the information along with input from the inmate prior to recommendation for ACP placement.
(d) Except as necessary to comply with any release notification requirements, the inmate shall be released to the program no later than seven business days following notice of acceptance into the program, or if this is not possible in the case of an inmate to be placed in a residential drug or treatment program or in a transitional care facility, the first day a contracted bed becomes available at the requested location.
Credits
Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
History
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, including amendment of subsection (a)(4); 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).
7. Amendment of subsection (b)(1)(G) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5-14-2014 (Register 2014, No. 20).
9. Amendment of subsections (a)(1)-(2), new subsection (a)(3), subsection renumbering, new subsection (a)(5), amendment of subsections (b)(1) and (b)(2), repealer of subsections (b)(2)(A)-(B), amendment of subsection (b)(3) and new subsections (d)-(e) filed 3-29-2016 as an emergency; operative 3-29-2016 (Register 2016, No. 14). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-6-2016 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-29-2016 order transmitted to OAL 9-6-2016 and filed 10-11-2016 (Register 2016, No. 42).
11. Amendment of subsection (e) filed 3-25-2020 as an emergency; operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
12. Emergency filed 3-25-2020 and operative 6-1-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (e) refiled 2-25-2021 as an emergency; operative 3-10-2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-8-2021 or emergency language will be repealed by operation of law on the following day.
14. Amendment of CDCR Form 1516-ACP (incorporated by reference) and amendment of subsection (b)(4) and Note filed 5-26-2021; operative 7-1-2021 (Register 2021, No. 22). 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.
15. Amendment of subsection (e) refiled 10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3078.4, 15 CA ADC § 3078.4
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