Section 3078.9 - Community Participant Mother Program - Exclusionary Criteria(a) Mandatory exclusionary criteria for the Community Participant Mother Program (CPMP): (1) 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).(2) A current or prior conviction for arson, under Penal Code (PC) sections 450-455.(3) A current or prior conviction for a sex offense listed in PC section 667.6; an offense that requires the incarcerated 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 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).(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 CPMP.(5) The incarcerated person has a current commitment or prior conviction for a violent offense listed by PC section 667.5(c), with the following exceptions: (A) The Institution Classification Committee (ICC) shall conduct a case-by-case review of incarcerated persons with convictions for robbery or burglary, pursuant to paragraph (21) of PC section 667.5(c), to determine if placement is appropriate.(B) Incarcerated persons with a conviction of any offense listed in PC section 667.5(c) other than burglary or robbery, are only eligible for placement in the CPMP if an ICC determines there were unusual or mitigating circumstances. The ICC shall consider all relevant case factors, including, but not limited to, the passage of time since commission of the offense, if the offense was committed in response to a physically abusive partner, and, the incarcerated person's participation in rehabilitative programming while incarcerated.(6) The incarcerated person shall be designated Medium-A custody or lower, as provided in subsection 3377.1(a). Incarcerated persons designated Close or Maximum custody are ineligible.(7) Restricted Housing Unit, Security Housing Unit or Psychiatric Services Unit terms within the last 12 calendar months.(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 (distribution and trafficking offenses are exclusionary).(b) Additional CPMP exclusionary criteria shall be reviewed on a case-by-case basis:(1) Any prior Alternative Custody Program or Enhanced Alternative Custody Program participation that resulted in an adverse return to an institution.(2) Any current or prior conviction for the unlawful sale, or possession for sale, manufacture, or transportation, for controlled substances, if for large scale profit pursuant to PC section 3417. Current or prior convictions for Health & Safety Code sections 11358 and 11359 are eligible and do not require a review.(3) Validated active or inactive Security Threat Group I (STG-I) members or associates, as defined in subsection 3378.1(c). Validated STG dropouts are not excluded from CPMP.(4) 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.(5) The incarcerated person's and child(ren)'s current psychiatric, medical or dental condition that requires ongoing care. The ICC shall review all relevant information, including written opinions from staff physicians or psychiatrists, and determine if the incarcerated person's and child(ren)'s needs can be adequately met in a community facility.Cal. Code Regs. Tit. 15, § 3078.9
Note: Authority cited: Sections 3414, 5058 and 6252, Penal Code. Reference: Section 6600(b), Welfare and Institutions Code; Sections 11358 and 11359, Health & Safety Code; and Sections 3416, 3417, 3418, 3419, 3420 and 5054, Penal Code.
1. New section filed 6-19-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).
2. Change without regulatory effect amending subsections (a)(1), (a)(3)-(6) and (b)(4)-(5) filed 10-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 42).