Section 3078.3 - Alternative Custody Program, Male Community Reentry Program, and Female Community Reentry Program Exclusionary Criteria(a) Mandatory exclusionary criteria for the Alternative Custody Program (ACP):(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 incarcerated persons 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 restraining order.(8) In-custody misconduct equivalent to a Division "A-1" through "C" offense, as defined in section 3323, within the last 24 calendar months, except for physical possession of alcohol, drugs, or drug paraphernalia.(9) Restricted Housing Unit, Security Housing Unit or Psychiatric Services Unit terms within the last 12 calendar months.(10) Current Close or Max Custody, as defined in section 3377.2.(11) Current or prior conviction for a sexually violent offense, as defined in Welfare and Institutions Code section 6600(b).(12) Validated active or inactive Security Threat Group (STG)-I members or associates, as defined in subsection 3378.1(c). Validated STG dropouts are not excluded from ACP.(b) Additional ACP exclusionary criteria shall be reviewed on a case-by-case basis, including but not limited to: (1) The incarcerated person 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) Male Community Reentry Program (MCRP) screening shall be completed on a CDCR Form 2226-MCRP (Rev. 08/24), Male Community Reentry Program Eligibility, which is incorporated by reference. Mandatory exclusionary criteria for MCRP: (1) A current or prior conviction for an offense that requires the participant 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 (PC), an "R" Suffix as provided in subsection 3377.1(b), or a current or prior conviction for a sexually violent offense, as defined in Welfare and Institutions Code section 6600(b).(2) A California Static Risk Assessment (CSRA) score of 5 (high violence).(3) A 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 incarcerated persons that have been reviewed for escape and have been affixed with an administrative determinant of ESC, as provided in subsection 3375.2(b)(9).(4) Felony detainer inquiry or active felony hold, warrant, or detainer. Incarcerated persons with a detainer inquiry or active hold based solely on their immigration status shall not be precluded from placement in a MCRP.(5) In-custody misconduct equivalent to a Division "A-1" through "C" offense, as defined in section 3323, within the last 24 calendar months, except for physical possession of alcohol, drugs, or drug paraphernalia (distribution and trafficking offenses are exclusionary).(6) Restricted Housing Unit, Security Housing Unit or Psychiatric Services Unit terms within the last 12 calendar months.(7) An administrative determinant of DIS affixed as provided by subsection 3375.2(b)(7). The Institution Classification Committee (ICC) may remove a previously affixed DIS administrative determinant and refer for MCRP placement in the same committee action.(8) Validated active or inactive STG-I members or associates, as defined in subsection 3378.1(c). Validated STG dropouts are not excluded from MCRP.(9) An administrative determinant of ARS affixed as provided by subsection 3375.2(b)(2).(10) A current requirement for Level IV 180-design housing as provided by subsection 3375.1(a)(4)(A). Incarcerated persons housed in 180-design facilities who are eligible for 270-design housing are not excluded from MCRP.(11) Current Close or Maximum custody, as defined by section 3377.2.(d) Additional MCRP criteria shall be reviewed on a case-by-case basis:(1) An administrative determinant of VIO imposed or a review pending as provided by subsection 3375.2(b)(28), based on a conviction for an offense not listed in PC section 667.5(c).(2) A current or prior violent felony conviction, including stayed counts or enhancement for offenses pursuant to PC section 667.5(c).(3) A current or prior sexual conviction which does not require PC section 290 registration (no "R" Suffix imposed).(4) A current or prior child abuse arrest(s), good cause finding, or probable cause finding by the Board of Parole Hearings, or conviction(s) where the offense was related to abuse or neglect of a child.(5) A current or prior conviction(s), good cause finding, or probable cause finding by the Board of Parole Hearings for stalking.(6) An active restraining or protective order(s).(7) An arrest, good cause finding or probable cause finding by the Board of Parole Hearings for arson or possession of an explosive device.(8) An administrative determinant of PUB, as provided in subsection 3375.2(b)(18). The ICC shall consider whether the incarcerated person's notoriety will negatively impact the program.(9) Any prior ACP or Enhanced Alternative Custody Program (EACP) participation that resulted in an adverse return to an institution.(10) A documented history of failure or refusal to house in a Non-Designated Programming Facility (NDPF).(11) Incarcerated persons identified with a Disability Placement Program (DPP) designation which impacts placement.(12) Incarcerated persons identified as a participant in the Developmental Disability Program (DDP).(13) A current psychiatric, medical or dental condition that requires ongoing care.(e) Female Community Reentry Program (FCRP) screening shall be completed on a CDCR Form 2226-FCRP (Rev. 08/24), Female Community Reentry Program Screening, which is incorporated by reference. Mandatory exclusionary criteria for FCRP:(1) A current or prior conviction for an offense that requires the participant to register as a sex offender as provided in Chapter 5.5 (commencing with section 290) of Title 9 of Part 1 of the PC, or a current or prior conviction for a sexually violent offense, as defined in Welfare and Institutions Code section 6600(b).(2) A CSRA score of 5 (high violence).(3) A 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 incarcerated persons that have been reviewed for escape and have been affixed with an administrative determinant of ESC, as provided in subsection 3375.2(b)(9).(4) Felony detainer inquiry or active felony hold, warrant, or detainer. Inmates with a detainer inquiry or active hold based solely on their immigration status shall not be precluded from placement in a FCRP.(4) Felony detainer inquiry or active felony hold, warrant, or detainer. Incarcerated persons with a detainer inquiry or active hold based solely on their immigration status shall not be precluded from placement in a FCRP.(5) In-custody misconduct equivalent to a division "A-1" through "C" offense, as defined in section 3323, within the last 24 calendar months, except for physical possession of alcohol, drugs, or drug paraphernalia (distribution and trafficking offenses are exclusionary).(6) Restricted Housing Unit, Security Housing Unit or Psychiatric Services Unit terms within the last 12 calendar months.(7) An administrative determinant of ARS affixed as provided by subsection 3375.2(b)(2).(8) Validated active or inactive STG-I members or associates, as defined in subsection 3378.1(c). Validated STG dropouts are not excluded from FCRP.(9) Current Close or Maximum custody, as defined by section 3377.2.(f) Additional FCRP criteria shall be reviewed on a case-by-case basis:(1) A current or prior child abuse conviction(s) or convictions where the offense was related to abuse or neglect of a child.(2) A current or prior conviction(s), good cause finding or probable cause finding by the Board of Parole Hearings for stalking.(3) Any prior ACP or EACP participation that resulted in an adverse return to an institution.(4) An arrest, good cause finding or probable cause finding by the Board of Parole Hearings for arson or possession of an explosive device.(5) A current or prior conviction of any of the crimes listed as a violent felony in PC section 667.5(c) including stayed counts and enhancements.(6) A current or prior conviction(s) for a sexual offense not requiring registration pursuant to PC section 290, or a currently imposed "R" suffix.(7) An active restraining or protective order.(g) An incarcerated person's existing psychiatric or medical condition that requires ongoing care is not a basis for excluding the incarcerated person from eligibility to participate in the ACP or EACP. ICC shall review all relevant information and determine if the incarcerated person's needs can be adequately met in a community facility.Cal. Code Regs. Tit. 15, § 3078.3
Note: Authority cited: Sections 5058, 5058.3, 6252 and 1170.05, Penal Code. Reference: Sections 290, 667.5(c), 1170.05, 1192.7(c), 1192.8, 5054 and 6258.1, Penal Code; and Section 6600(b), Welfare and Institutions Code.
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.
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).
9. Amendment of section heading, section and NOTE filed 6-19-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).
10. Change without regulatory effect amending subsections (a)(5), (b)(1) and (c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
11. Change without regulatory effect amending subsections (c) and (e) filed 10-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 42).