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§ 3078.3. Alternative Custody Program Exclusionary Criteria.

15 CA ADC § 3078.3Barclays Official California Code of Regulations

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 6.8. Alternative Custody Program
15 CCR § 3078.3
§ 3078.3. Alternative Custody Program Exclusionary Criteria.
Currentness
(a) Mandatory exclusionary criteria includes, but is not limited to:
(1) Current conviction of any of the crimes listed as a violent felony in Penal Code (PC) section 667.5(c) including stayed counts and enhancements.
(2) Current conviction of any of the crimes listed as a serious felony in PC sections 1192.7(c) or 1192.8 including stayed counts and enhancements.
(3) Current or prior conviction for an offense that requires the person to register as a sex offender as provided in Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal Code.
(4) High risk to commit a violent offense as determined by the department using the California Static Risk Assessment tool, as provided in section 3768.1.
(5) History of escape within the last 10 years from a facility while under juvenile or adult custody, including, but not limited to any detention facility, camp, jail, or state prison facility or inmates that have been reviewed for escape and have been assessed an administrative determinant of ESC, as provided in subsection 3375.2(b)(9).
(6) Active or potential misdemeanor or felony holds, warrants, or detainers.
(7) Active or potential United States Immigration and Customs Enforcement holds, warrants, or detainers.
(8) Active restraining order.
(9) In-custody misconduct equivalent to a Divisions “A-1” through “C” offense, as defined in section 3323, during the last 24 calendar months, except for physical possession of alcohol.
(10) Security Housing Unit or Psychiatric Services Unit terms in the last 12 calendar months.
(11) Current Close or Max Custody, as defined in section 3377.2.
(12) Current or prior conviction for a sexually violent offense, as defined in Welfare and Institutions Code section 6600(b).
(13) Validated active or inactive STG-I members or associates, as defined in subsection 3378.1(c). Validated STG dropouts are not excluded from ACP.
(b) Additional exclusionary criteria shall be reviewed on a case-by-case basis, including but not limited to:
(1) The inmate has not satisfactorily complied with rules and regulations while in custody or on parole.
(2) Current or prior child abuse conviction(s), or conviction(s) where the offense was related to abuse or neglect of a child.
(3) Current or prior conviction(s) for stalking.
(4) Prior ACP participation that resulted in a return to an institution.
(5) Upon review of all case factors, no appropriate transitional care facility, residential drug or treatment program or residential home is available in the community.
(6) Current or prior conviction(s) for arson.
(7) Prior conviction of any of the crimes listed as a violent felony in Penal Code (PC) section 667.5(c) or serious felony in PC sections 1192.7(c) or 1192.8 including stayed counts and enhancements.
(8) Validated as an STG-II member or associate.
(c) An inmate's existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the inmate from eligibility to participate in ACP.

Credits

Note: Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 290, 667.5(c), 1170.05, 1192.7(c), 1192.8 and 5054, Penal Code. Section 6600(b), Welfare and Institutions 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; 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 subsections (a), (a)(2)-(3) and (a)(13), repealer of subsections (a)(13)-(16), repealer and new subsection (b)(1), repealer of subsection (b)(2), subsection renumbering, amendment of newly designated subsections (b)(2)-(5) and new subsections (b)(6)-(c) 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.
8. Certificate of Compliance as to 3-29-2016 order transmitted to OAL 9-6-2016 and filed 10-11-2016 (Register 2016, No. 42).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 3078.3, 15 CA ADC § 3078.3
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