Cal. Code Regs. tit. 15 § 3999.29
Memorandum
| Date: | December 1, 2021 |
| To: | Associate Directors, Division of Adult Institutions |
| Wardens | |
| Community Resources Managers |
INSTRUCTIONAL MEMORANDUM
Subject: ALTERNATIVE REHABILITATIVE ACHIEVEMENT CREDIT EARNING INMATE ACTIVITY GROUP PROGRAMS PILOT PROGRAM
PURPOSE
The purpose of this memorandum is to announce the implementation of the Alternative Rehabilitative Achievement Credit (RAC) Earning Inmate Activity Group (IAG) Pilot Program within the California Department of Corrections and Rehabilitation (CDCR). The implementation of this pilot program allows inmates to participate in self-help rehabilitative in-cell programming. For the duration of the pilot program, CDCR authorizes Community Resources Managers (CRM) to issue RAC hours for inmates who satisfactorily participate in CDCR approved in-cell RAC Earning IAG programs developed by grant funded providers.
The objective of implementing Alternative RAC Earning IAG Programs is to ensure inmates are afforded credit earning opportunities when in-person programming has not been available due to the Coronavirus (COVID-19) pandemic. The Alternative RAC Earning IAG in-cell programming also expands RAC earning to inmates who are unable to participate in in-person programming due to scheduling conflicts, extensive waitlists, and limited program slots.
PILOT PROGRAM REQUIREMENTS
The Alternative RAC Earning IAG Pilot Program is operating under the authority of Penal Code Section 5058.1. Program and participant information will be maintained in the Strategic Offender Management System (SOMS). The Division of Adult Institutions (DAI) will monitor this program to ensure it affects no more than 10% of the total statewide inmate population.
As part of its rehabilitative programming strategies, CDCR authorizes RAC participation hours to be awarded based on inmates' satisfactory completion of interactive in-cell rehabilitative programming modules. Inmate participation in this pilot initiative is voluntary and shall be made available on a first-come first-served basis. This initiative provides increased opportunities for inmate access to RAC earning programs utilizing existing credit earning procedures. Credit shall be awarded consistent with CCR, Title 15, Subsection 3043.4 (c)(2).
PILOT PROGRAM LOCATION AND DURATION
The Alternative RAC Earning IAG Pilot Program is being implemented utilizing Division of Rehabilitative Programs (DRP) grant funded RAC Earning IAG program providers included in the Innovative Programming Grants (Cycle 5), Victim Impact Grants (Cycle 6) and CARE Grants (Cycle 7) who are able to meet the program requirements to include RAC eligibility; program structure; and program procedures, as identified below. If a RAC Earning IAG program provider chooses not to participate or is determined to be ineligible for participation, the allotted participant spaces will be reallocated to other participating RAC Earning IAG programs.
The pilot program will remain in effect for up to 24 months upon approval, and will expire by operation of law at the end of this period, unless promulgated into regulations through the Administrative Procedure Act prior to expiration.
PROGRAM STRUCTURE
The CDCR Secretary has the ultimate responsibility for ensuring this pilot program is implemented in keeping with CCR, Division 3, Chapter 1, Article 3.5, Subsection 3043.4(a) which specifies the award of RAC requires verified attendance and satisfactory participation in approved group or individual activities which promote the educational, behavioral, or rehabilitative development of an inmate.
DRP shall be responsible to collaborate with the institutions' Community Resources Managers (CRM) in reviewing new RAC Earning IAG program applicants and programming modules. Additionally, DRP will provide direction to participating providers regarding program expectations and management. This shall include instructing providers to ensure the validity of submitted program material for indications of having been completed by an inmate other than the assigned participant. Such misconduct will result in removal from the program.
Each Warden has overall managerial responsibility for the pilot program implementation at their institution. The Warden is responsible for reviewing all submitted RAC Earning IAG program applicant submissions received by the CRM's Office, and upon determining the criteria for submission has been met, shall authorize the CRM to submit the CDCR Form 2136 (Rev. 8/20), Inmate Activity Group Approval form to the headquarters DAI for determination of RAC eligibility. The Warden or designee shall establish a Local Operational Procedure instructing staff and providers regarding program requirements.
The CRM shall be responsible for receiving, reviewing, and routing program applicant submissions for the Warden's review, and for submitting the locally approved CDCR Form 2136 (Rev. 8/20), Inmate Activity Group Approval form to DAI, Office of Policy Standardization, Community Partnerships Unit (CPU) for coordinating the review and Director of DAI or designee's determination of RAC program eligibility. Upon the Director of DAI or designee's final determination, the CPU shall return the completed CDCR Form 2136 (Rev. 8/20), Inmate Activity Group Approval form to the CRM. The CRM shall communicate with providers to secure printed program modules; review them for inappropriate content and contraband, and collect and distribute them to and from the inmate population. DRP and the institution shall review and determine approval for program modules; DAI then determines RAC program eligibility.
Those providers interested in participating in the pilot program shall be responsible for submitting their program proposals for review by DRP and the institution, which shall include a detailed program introduction and overview; an outline of modules and exercises; and an estimated timeframe for completion of each.
Participating providers shall be responsible for generating all printed programming materials and shall assume any costs associated with shipping program modules to and from the institutions; or alternatively coordinating in-person delivery and collection of modules to and from the institutions. Providers shall review all received program modules, evaluate and document each inmate's participation, and submit a list of participants who successfully completed each module along with tracking lists.
PROGRAM PROCEDURES
Program Application Submittals
The grant funded providers identified on the Pilot Grantee and Participant Listing shall be afforded an equal opportunity to submit in-cell Alternative RAC Earning IAG Pilot Program proposals for DRP and institutional review and consideration. Applicant submissions must be in writing to DRP. Upon review, DRP will forward received applications to the respective institution's CRM for review and routing for approval. Upon Warden's approval, the CRM shall generate CDCR Form 2136 (Rev. 8/20), Inmate Activity Group Approval forms, to be routed for RAC eligibility review and approval by the Director of DAI or their designee.
Applicant submissions shall include the following components:
* Program Facilitator or Director contact information
* Detailed program description, purpose, and objectives
* Participant membership criteria and disqualifiers
* Number of participants that can be served
* Methodology to ensure program fidelity is achieved through the evaluation of materials submitted by program participants
* Anticipated schedule to include a timeline for each of the following actions:
o Submitting electronic program modules to DRP and the CRM for review
o Mailing hard copies of program modules to the institution
o Collection of program modules from participants
o Reviewing completed modules received from the institution
o Submitting program completion tracking lists to DRP and the CRM, including participant names and CDCR numbers
Program Modules
Upon approval, providers shall begin submitting individual program modules electronically to DRP and the CRM for content review. Once the modules are approved, the provider will mail or make arrangements to physically deliver printed copies of the modules to the institutions for distribution to enrolled participants.
Providers shall also ensure the following components are incorporated into each module:
* Pre-printed materials require active inmate participation through reading and follow-up exercises or introspective questions based on the material provided.
* Estimated number of hours required for the successful completion of each module (each module must be tested by the provider to determine the estimated length of time required to complete).
Participant Enrollment
Once the Alternative RAC Earning IAG Pilot Program applicants have been approved, the CRM's Offices will begin accepting CDCR Form 2016 (Rev. 08/20), Inmate Activity Group Program Request forms from the inmate population and assigning participants in Strategic Offender Management System (SOMS) on a first-come first-served basis. Inmates shall not be enrolled in Alternative RAC Earning IAG Pilot Programs and in-person RAC eligible IAG programs of the same subject and title, or which contain the same programming material content.
Program Module Delivery and Tracking
Each week, the CRM's office staff or Self-Help Sponsors (SHS) will print the RAC program assignment rosters in SOMS. The SHS will hand-deliver program modules to each participant on the SOMS roster, noting on the roster the date and time modules were delivered, and obtain the participant's signature to confirm receipt.
Each week, the SHS will hand-collect any completed program modules, noting the date and time as verification of attendance on the same roster used to deliver the modules, and obtain the participant's signature. The SHS will submit completed rosters and all completed modules to the CRM. The CRM's office staff will prepare the collected modules to be mailed to or picked up by the provider within five business days from the date of collection. When completed program modules are ready to be picked up or mailed to the provider, the CRM's Office will send an electronic mail (email) notification to the program provider.
Completed Module Review and Verification
Upon receipt of the completed modules, the provider will review and document each inmate's participation on the program tracking list. Within five business days of receiving the completed modules, the provider will submit the program tracking list containing the list of participants who successfully completed each module to the CRM via email, with a courtesy copy to DRP. If the provider determines a submitted module was not completed, this shall also be noted by the provider and included on the program tracking list.
RAC Participation in SOMS
Based upon the estimated time required to complete each module, and within 10 calendar days upon receipt of documented satisfactory program participation, the CRM's Office will enter the attendance for each inmate into SOMS. RACs will be awarded upon a participant's completion of 52 hours of RAC eligible program participation.
RESEARCH AND EVALUATION
For the duration of the pilot program, CDCR shall evaluate and assess this program's effectiveness in affording inmate's access to alternative RAC earning program opportunities. Assessment of effectiveness shall be based upon measurably increased access to credit earning opportunities along with sufficient fidelity. Access and participation levels of in-cell programming will be compared to levels of in-person programming, with the assistance of SHS, completed modules will be randomly reviewed for indications of fallacious submissions. The results of these audits will be provided to the Wardens and Associate Directors who have oversight over the pilot program. The results of all internal audits will be utilized as supporting documentation for the development of regulatory language.
If you have any questions regarding the Alternative RAC Earning IAG Pilot Program, please contact Nicholle Hansen, Community Partnerships Manager (A), Office of Policy Standardization, DAI, at (916) 324-0794. For questions regarding innovative programming grants, please contact Nicki Singh, Staff Services Manager II, Special Programs and Contracts Unit, DRP at (916) 324-7023.
| /s/ | /s/ | ||
| CONNIE GIPSON | BRANT R. CHOATE, Ed.D. | ||
| Director | Director | ||
| Division of Adult Institutions | Division of Rehabilitative Programs | ||
Attachment(s)
cc: Kathleen Allison
Jeff Macomber
Charles Callahan
Kimberly Seibel
Kevin Hoffman
Shad Pulley
Mark Tillotson
Nicki Singh
Nicholle Hansen
Cal. Code Regs. Tit. 15, § 3999.29
Note: Authority cited: Section 5058 and 5058.1, Penal Code. Reference: Section 5058, Penal Code.