Cal. Code Regs. tit. 15 § 3359.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 3359.2 - Medical Parole Processing

(a) The incarcerated person's primary care physician shall refer the incarcerated person for medical parole to the Chief Medical Officer (CMO) or Chief Medical Executive (CME) of the institution where the incarcerated person is housed, utilizing the CDCR Form 7478 (07/24), Medical Parole Form, which is incorporated by reference, along with any other documentation the incarcerated person's primary care physician or designee considers useful in determining the incarcerated person's eligibility for medical parole. The incarcerated person's primary care physician or designee shall also ensure the CDCR Form 7385-MP (03/11), Medical Parole Authorization for Release of Information, which is incorporated by reference, is completed and signed by the incarcerated person or incarcerated person's designee.

(b) The CMO or CME shall review the CDCR Form 7478 and any other documentation submitted by the incarcerated person's primary care physician, and make a determination as to the incarcerated person's eligibility for medical parole based on the incarcerated person's medical case factors as described in subsections 3359.1(a)(1)-(2).

(1) If the CMO or CME does not concur with the primary care physician's recommendation, they shall note on the CDCR Form 7478 the reason for the denial, and will sign and return the CDCR Form 7478 to the primary care physician, within three working days. The CMO or CME, or designee, shall notify the incarcerated person and/or the incarcerated person's designee of the reason for denial in writing within 30 working days.

(2) If the CMO or CME concurs with the primary care physician's recommendation, he or she shall sign and forward the CDCR Form 7478 and any supporting documentation to the institution's Classification and Parole Representative (C&PR), within three working days.

(c) Upon receipt of the CDCR Form 7478, the C&PR shall review the incarcerated person's Central File to determine the incarcerated person's statutory eligibility for medical parole as described in subsections 3359.1(a)(3)-(4).

(1) If the incarcerated person does not meet the statutory requirements, the C&PR shall note the reason for denial on the CDCR Form 7478 and shall sign and return the form to the CMO or CME within three working days. The CMO or CME, or designee, shall notify the incarcerated person and/or the incarcerated person's designee of the reason for denial in writing within 30 working days.

(2) If the incarcerated person meets the statutory requirements, the C&PR shall complete and sign the CDCR Form 7478 and return the form to the CMO or CME, and attach the information outlined in subsections 3359.2 (d)(10)-(15), within three working days, and shall request that the incarcerated person's caseworker prepare an evaluation report.

(d) The incarcerated person's caseworker shall complete the evaluation report and submit it to the C&PR within five working days, including the following information and attachments:

(1) Incarcerated person's name and CDCR number.

(2) Current commitment offense, brief description of crime, and sentence.

(3) County of commitment and County of Last Legal Residence.

(4) Prior juvenile and adult criminal history (include all arrests and convictions).

(5) Active or potential holds, warrants, and detainers.

(6) Institutional adjustment including, rule violation reports, counseling chronos, pending disciplinary actions, gang/disruptive group information, placement score, current housing assignment, work/education assignments, participation in self-help activities, and other information deemed pertinent to the incarcerated person's case factors.

(7) Mental health and/or developmental disability status/information.

(8) California Static Risk Assessment (CSRA) Score, as described in section 3768.1, if available.

(9) Any victim(s)/victim(s) next of kin notifications.

(10) Abstract of Judgment for the incarcerated person's current commitment offense.

(11) Probation Officer's Report for the incarcerated person's current commitment offense.

(12) Legal Status Summary.

(13) Institutional Staff Recommendation Summary.

(14) Criminal Identification and Information Number issued by the California Department of Justice, Bureau of Identification.

(15) Most recent automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference, with the incarcerated person's full case factors.

(e) The C&PR shall review the evaluation report and attachments and forward the package to the Warden or Chief Deputy Warden, within three working days.

(f) The Warden or Chief Deputy Warden shall review, sign, and forward the original evaluation report and attachments to the Classification Services Unit, within three working days.

(g) Upon receipt of the original CDCR Form 7478 as noted in subsection 3359.2(c)(2), and the information outlined in subsections 3359.2(d)(10)-(15), the CMO or CME shall forward the documents, along with the completed CDCR Form 7385-MP to the designated California Prison Health Care Services office, who shall identify suitable placement for the incarcerated person, document the placement plan information on the CDCR Form 7478, and forward all the documents referenced in this subsection to the appropriate Division of Adult Parole Operations (DAPO) Re-entry Unit, within eight working days.

(h) DAPO Re-Entry Unit staff shall forward the CDCR Form 7478, CDCR Form 7385-MP, and attachments to the appropriate parole unit, where the assigned parole agent shall review the recommended placement plan. Within eight working days, the parole agent shall document their assessment of the placement plan on the CDCR Form 7478 and forward a copy to the designated California Prison Health Care Services staff, along with a copy of the CDCR Form 1515-MP (02/11), Conditions of Medical Parole, which is incorporated by reference, noting approval or disapproval of the proposed placement and any conditions of medical parole. The assigned parole agent shall also forward the original CDCR Form 7478, CDCR Form 7385-MP, and CDCR Form 1515-MP to the Classification Services Unit.

(1) If the identified placement plan is not approved, the parole agent shall document the reason for the disapproval on the CDCR 7478 and return the original form to the California Prison Health Care Services office, for consideration of an alternative placement.

(i) The Classification Services Unit shall review the CDCR Form 7478, CDCR Form 7385-MP, evaluation report, and CDCR Form 1515-MP, for completeness, and forward to the Board of Parole Hearings within three working days, after receiving the entire packet.

Cal. Code Regs. Tit. 15, § 3359.2

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.

1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
4. Amendment of subsection (d)(15) filed 7-31-2024; operative 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).