Section 3077.1 - Senate Bill 618 Program Participant Determination, Assessment, and Processing(a) When an offender is arrested and charges filed, the participating county district attorney (DA) will conduct preliminary screening for Senate Bill (SB) 618 Program eligibility utilizing the criteria provided in subsections 3077(b), (c) and (d). If the offender is identified as a possible SB 618 Participant, as defined in section 3000, the DA, defense attorney, and court shall affirm eligibility for the SB 618 Program, as defined in section 3000. If eligibility for participation is approved by the court, the offender will be petitioned to voluntarily participate in the SB 618 Program. If the offender agrees, the court will refer the case to county probation for presentence investigation, multidisciplinary assessment, and the development of a Life Plan, as described in subsection 3077.1(b). Within 3 working days of the court referral, the offender will be transported to a predetermined county site for assessment by a Multi-Disciplinary Team (MDT). (1) The MDT shall include the following: (A) County Probation Officer.(B) Community Case Manager (CCM) who will assist the SB 618 Participant in the community to which he/she is released and will help to develop a community reentry plan with the SB 618 Participant, his/her family, treatment and social service providers, and community support persons.(C) Correctional Counselor (CC) I. The CCI shall make appropriate placement recommendations to a primary California Department of Corrections and Rehabilitation (CDCR) institution or facility and an alternate CDCR institution or facility. The Participant's Life Plan and available Cognitive Behavioral Interventions, and Academic Education or Career Technical Education programs to advance the Participant's Life Plan, shall be used in consideration of the institution or facility recommendation.(D) Prison Case Manager (PCM). The PCM shall be a licensed Clinical Social Worker, or other professional social work classification such as a Bachelor or Master's degree in Social Work. The PCM will work with the SB 618 Participant from time of assessment at the county facility to parole release. The PCM is a member of the CDCR institution's Multidisciplinary Team.(2) The MDT may also include the following: (A) An education specialist who is a subject matter expert on educational and Career Technical Education programs assessment, testing and programs.(B) A licensed mental health clinician who is a subject matter specialist on mental health and substance abuse screenings, assessments and treatments.(C) Medical staff, which will include but not be limited to, doctors, nurse practitioners, nurses, dentists, optometrists, and medical technical assistants. Medical staff may perform medical assessments pursuant to the provisions of section 3077.2.(b) The Life Plan. The SB 618 Participant's Life Plan will be a plan based on the assessed needs of the offender which shall outline the incarcerated person's specific programming needs and act as a guide for the SB 618 Participant from sentence and incarceration through release on supervised parole. The Life Plan, which may be referenced differently at each participating county (e.g. Case Plan, Participant Plan, etc.), shall be developed by and have the concurrence of the participating county's MDT.(1) The Life Plan shall: (A) Include, but not be limited to, the SB 618 Participant's court recommended behavioral health treatment, education literacy, and Career Technical Education program needs.(B) Include a recommendation for completion while in state prison, all programs to address those needs identified in the assessment.(2) The CDCR, to the extent feasible, shall provide to the SB 618 Participant, all programs pursuant to the Life Plan recommendations.(c) Within 23 days of the court referral, the following will occur:(1) The SB 618 Participant's Life Plan, as described in subsection 3077.1(b), shall be developed.(2) The county probation officer will include the Life Plan with the pre-sentence report and return it to the court.(d) Within 28 working days post conviction, the court will affirm the Life Plan recommendations and sentence the Participant to state prison.(e) Within 14 working days after sentencing, the SB 618 Participant shall be transported to the appropriate CDCR institution for placement.(f) All SB 618 Participants in substance abuse programs will be subject to random drug testing pursuant to the provisions of section 3290.(g) Upon the SB 618 Participant's arrival at the institution's reception center (RC), the SB 618 RC CCI will review the SB 618 Participant's Life Plan, complete the casework and recommend endorsement for placement into the General Population. The case will be presented to a Classification Staff Representative for endorsement with the SB 618 Participant in RC status.Cal. Code Regs. Tit. 15, § 3077.1
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
1. New 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, including amendment of subsections (a)(1)(C) and (d), transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
3. Amendment of subsections (a)(1)(C), (a)(2)(A) and (b)(1)(A) 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.
4. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5/14/2014 (Register 2014, No. 20).
5. Amendment of subsection (a)(1)(C) filed 4-27-2021 as an emergency; operative 4/27/2021 (Register 2021, No. 18). 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 2-1-2022 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of History 5 (Register 2021, No. 36).
7. Amendment of subsection (a)(1)(C) refiled 2-1-2022 as an emergency; operative 2/1/2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (a)(1)(C) refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
10. Change without regulatory effect amending subsection (b) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).