The California Department of Corrections and Rehabilitation (CDCR), pursuant to the provisions in sections 3375 through 3379, provides upon reception, an assessment and classification process to each person committed to the custody of the CDCR. Exception to this are Senate Bill (SB) 618 Participants, as defined in section 3000, who will be participating in a SB 618 Program, as defined in section 3000. Pursuant to the authority and process as described in this section, SB 618 Participants, prior to reception by the CDCR, shall be assessed by the county in which the offender is adjudged to have committed his or her crime.
(a) Assessment transfer authority. Pursuant to Penal Code (PC) section 1203.8, the CDCR is authorized to enter into an agreement with up to three counties in the State of California to carry out the assessment of nonviolent felony offenders and to develop a multi-agency plan (MAP).
(1) The MAP shall be developed at the participating county and subject to the approval of the CDCR, will be the general plan and agreement permitting the transfer of the assessment responsibility to the county. The MAP shall be developed by and have the concurrence of the following local county representatives or their designees, which shall include:
(A) The presiding judge.
(B) The chief probation officer.
(C) The district attorney.
(D) The county defense agency.
(E) The local custodial agency (e.g. sheriff).
(2) The MAP shall be submitted to the Board of Supervisors for approval.
(b) Inmate eligibility. An eligible offender may voluntarily participate in a SB 618 Program. To be eligible, the offender must meet the following criteria:
(1) Is convicted in the current case of a non-violent felony.
(2) Must be in custody to participate with no convictions under PC section 667.5(c) except as provided in subsection 3077(d)(1).
(3) Is a legal resident of the participating county at the time of his or her conviction (county of last legal residence).
(4) Is sentenced to a state prison for a period of 7 and 72 months with time to serve remaining to permit commencement and completion of programming of no more than 36 months or less than 4 months.
(5) Is able to live independently in the General Population (GP) of the participating institution independent of housing designation.
(6) Has a classification score below 52 points.
(c) Exclusionary criteria. An offender is excluded from participating in the SB 618 Program if he or she:
(1) Is a documented and validated STG member or associate.
(2) Has a prior conviction where the offender's victim(s) suffered death, disability, or serious injury.
(3) Has any history of sex or arson offenses subject to registration pursuant to PC sections 290 and 457.1.
(4) Has a United States Immigration and Customs Enforcement hold from countries without immigration treaties.
(5) Possesses outstanding or active felony holds from other jurisdictions.
(6) Qualifies for participation in a drug treatment program as defined in PC section 1210(b).
(7) Repeat offenders with a new sentence and who are offered a probationary sentence are not automatically excluded from consideration for participation in the SB 618 Program upon approval of the court.
(d) Discretionary factors. The following are discretionary factors that will be taken into consideration when determining on a case-by-case basis, SB 618 Program eligibility:
(1) Prior convictions for PC section 667.5(c). Where a defendant has been out of custody for no less than five years and has committed no other violent felony as defined under Penal Code section 667.5(c), prior convictions for violent felonies under Penal Code section 667.5(c) that do not involve death, great bodily injury or permanent disability will be screened for SB 618 eligibility on a case-by-case basis.
(2) Repeat offenders as described in 3077(d)(1) with a new offense who pick up a new prison term are not automatically excluded from consideration for participation in the SB 618 Program upon recommendation of the court with concurrence of CDCR.
(3) Parole violators with a new term, who before parole were SB 618 Participants, are automatically excluded from consideration for participation in the SB 618 Program.
1. New article 6.7 (sections 3077-3077.4) and section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
3. Amendment of subsection (c)(1) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
This database is current through 4/26/24 Register 2024, No. 17.
