Cal. Code Regs. tit. 15 § 3999.30
| State of California | Department of Corrections and Rehabilitation |
Memorandum
Date:
| To: | Associate Directors, Division of Adult Institutions |
| Wardens | |
| Classification and Parole Representatives | |
| Correctional Counselor Ills, Classification Staff Representatives | |
| Correctional Case Records Managers | |
| CAL FIRE |
INSTRUCTIONAL MEMORANDUM
| Subject: | YOUTH OFFENDER PROGRAM CAMP PILOT PROGRAM AT GROWLERSBURG CONSERVATION CAMP AND PINE GROVE YOUTH CONSERVATION CAMP |
PILOT PROGRAM PURPOSE
The purpose of this memorandum is to announce the expansion of the Youth Offender Program (YOP) Camp Pilot Program (CPP) to Pine Grove Youth Conservation Camp (PGYCC). The YOP CPP affords youth offenders the opportunity to be housed at a lower security level than their placement score permits. The YOP CPP allows youth offenders who are currently ineligible for Conservation Camp (CC) participation due to a Level-III placement score or a Violent Administrative Determinant (VIO AD), the opportunity to participate in the YOP CPP.
The YOP was established in 2014, pursuant to Assembly Bill 1276, which enacted California Penal Code (PC) section 2905, requiring the California Department of Corrections and Rehabilitation (CDCR or department) to afford special classification consideration for every youth offender. Pursuant to PC section 2905, a youth offender is defined as an individual under 22 years of age. CDCR defines a youth offender as an individual committed to the department who is 25 years of age or younger. While PC section 2905 states that a youth offender is under 22 years of age, the department extends the opportunity for participation in the YOP to offenders between the ages of 22-25. The expanded age range affords these young offenders the opportunity to house at a lower security level for greater access to programs with the goal of increasing the likelihood of rehabilitation, during critical development stages in their life.
The purpose of the YOP CPP is to encourage youth offenders to commit to positive change and self-improvement with the goal of being law-abiding members of society upon release. By participating in the YOP CPP, youth offenders have the opportunity to receive valuable wildland firefighting training, which enhances their opportunities for future firefighting careers. In addition, pursuant to PC section 1203.4b, an incarcerated individual who successfully participated in the California Conservation Camp program as a firefighter, and has been released from custody, may petition the court to withdraw a guilty plea or set aside a plea of guilty and dismiss the accusations or information against the offender and the offender shall thereafter be released from all penalties and disabilities resulting from the offense of which they have been convicted, with some exceptions.
The order does not relieve the offender of the obligation to disclose the conviction on any questionnaire or application for licensure by the Commission on Teacher Credentialing, a Peace Officer, Public Office, or for contracting with the California State Lottery Commission. Additionally, incarcerated individuals who have been convicted of murder, kidnapping, rape, lewd acts on a child under 14, any felony punishable by death or imprisonment for life, any sex offense requiring registration pursuant to PC section 290, escape from a secured perimeter within the previous 10 years, or arson, are automatically ineligible.
PILOT PROGRAM REQUIREMENTS
The YOP CPP at Growlersburg CC and PGYCC operates under the authority of Penal Code section 5058.1 and affects no more than 10 percent of the total State offender population. The primary incentive of this pilot program is to allow youth offenders to be housed at a lower security level than their placement score permits.
PILOT PROGRAM LOCATION AND DURATION
As of August 7, 2023, the YOP CPP has been operating at Growlersburg CC and will now expand to PGYCC, both of which are under operational administration of the Sierra Conservation Center (SCC). YOP participants shall be transferred to SCC for Fire Camp training prior to camp placement. The pilot program is in effect for 24 months and both programs expire by operation of law at the end of this period ending on July 27th, 2025 unless the pilot program is promulgated through the Administrative Procedure Act. If the pilot program is not promulgated through the Administrative Procedure Act, the Youth Offenders and Peer Mentors shall be returned to SCC for housing placement through Institutional Classification Committee (ICC).
PILOT PROGRAM STRUCTURE AND CRITERIA
The YOP CPP shall operate as a voluntary program under the authority of PC section 2905. The YOP CPP allows Level II and III YOP offenders who are not currently eligible to participate in the CC program due to a VIO AD, the opportunity to participate in a camp program. The YOP candidates shall be under 26 years of age. Prior criteria required the YOP Candidate to possess high school diploma or general equivalency degree in order to participate in this pilot program. Growlersburg CC and PGYCC now offer either a high school diploma or general equivalency degree program in which the YOP participant can achieve possession of the required degree while participating in the pilot program and being housed at camp. Offenders shall meet all other criteria established in the Placement Criteria For Youth Offender Program Camp Pilot Program at Growlersburg Conservation Camp and Pine Grove Youth Conservation Camp (Attachment A).
All eligible YOP offenders with Level II placement scores and a VIO AD; or Level III YOP offenders with or without a VIO AD may be reviewed for YOP CPP placement by an ICC, if no other minimum custody exclusionary criteria exists. ICC will note the violent conviction associated with the VIO AD and document the reason the inmate is eligible or ineligible for CPP placement based on the totality of the offender's case factors as they mitigate or aggravate the offender's suitability for placement in consideration of a previous history of violence, positive programming since incarceration and no history of violence since incarceration.
YOP offenders shall be assessed for YOP CPP eligibility during their annual review. If a YOP offender meets eligibility for and would like voluntary placement into the YOP CPP, they shall be referred to ICC during their annual committee review. If the ICC grants placement, an Age Administrative Determinant (AGE AD) is required.
If eligible, the counselor shall prepare to add the AGE AD Override in CDCR's Strategic Offender Management System (SOMS) in 'pending approval' status, noting in the Comments Section the reason for eligibility and refer the case to Classification Staff Representative (CSR) for endorsement. The AGE AD affords the youth offender the opportunity to receive an override for placement at a facility which is not in accordance with their placement score. YOP offenders with a Level IV placement score are excluded from CPP eligibility. For the purpose of this Pilot Program, ICC has the authority to refer YOP offenders with level III placement scores for the CPP. Offenders shall meet all criteria established in Attachment A to be a firefighter. No other CC policies, procedures, or exclusionary criteria change as a result of this Pilot Program Instructional Memorandum.
PILOT PROGRAM PROCEDURES
Any YOP offender who meets the aforementioned criteria and wishes to participate in the YOP CPP may be referred by the ICC, to be endorsed for transfer to SCC. Upon arrival at SCC, the offender shall be reviewed by the ICC for possible placement into the YOP CPP. SCC ICC shall note the sending institution's recommendation for camp placement, the AGE AD, the reasons for the referral of camp placement and shall approve or deny the camp placement.
YOP offenders deemed ineligible or denied placement into the YOP CPP due to their current placement score, academic needs, medical needs, Rules Violation Reports, or other mandated program assignments which preclude camp placement, shall be re-reviewed for YOP Camp Pilot Program placement upon completion of their mandated assignment, or at subsequent annual reviews under the age of 26.
Should a YOP offender be deemed not appropriate for YOP CPP placement, the YOP offender shall be reviewed by the ICC and all exclusionary factors shall be thoroughly documented in the Classification Committee Chrono in SOMS.
PEER MENTORS AND ELIGIBILITY
Beyond regular programming for youth offenders, offenders 26 years of age and older shall be afforded the opportunity to participate in this pilot program, by volunteering to become Peer Mentors. Benefits of being a Peer Mentor include strengthening their communication skills, making a pro-social impact in the prison environment, and serving as a resource to the youth offenders.
At designated YOP institutions the Every Student Succeeds Act (ESSA) teacher, or designee, shall train the YOP Peer Mentors utilizing the mentor curriculum consisting of 26 modules. Once the training is completed, the YOP Peer Mentor candidate participates in a 500-hour internship in education, where the candidate provides tutoring and mentorship to youth offenders who are assigned to education and other work training assignments. Once the 500-hour internship is completed, the YOP Peer Mentor candidate shall be certified and assigned as a YOP Peer Mentor.
Due to the length of time required to become a YOP Peer Mentor, only certified YOP Peer Mentors who have completed the required training will be considered for this Pilot Program. Only offenders with a Level I or Level II placement score may be assigned as a YOP Peer Mentor at Growlersburg CC and PGYCC. Offenders previously excluded from CC opportunities due to placement score, a VIO AD, or both, may volunteer for the YOP Peer Mentor opportunity; however, all other existing camp placement criteria shall be met (refer to Attachment A).
A current YOP Peer Mentor, with a Level II placement score currently excluded from camp due to a VIO AD, who otherwise meets all other existing CC placement criteria, and wishes to participate in this YOP Camp Pilot Program may be reviewed by an ICC for transfer to SCC. YOP Peer Mentor offenders are assessed for YOP Camp eligibility during their annual reviews or when the ESSA teacher notifies the Correctional Counselor II of the Peer Mentor's certification and eligibility.
If ICC grants the placement of a Peer Mentor to Growlersburg CC or PGYCC, the Youth Offender Committee (YOC) AD is required. The counselor shall prepare to add the YOC AD Override in SOMS in "pending approval" status, noting in the Comments Section the reason for eligibility and referring the case to the CSR for endorsement.
Upon arrival at SCC, the inmate shall be reviewed by an ICC for possible placement and participation in this YOP CPP as a Peer Mentor. SCC ICC shall note the sending institution's recommendation for camp placement, the reasons for the referral, and shall approve or deny the camp placement as a Peer Mentor.
Participating YOP already housed at camp who will turn 26 during their term, may complete the YOP Peer Mentorship training in camp prior to their 26th birthday. Both Growlersburg CC and PGYCC have the established Peer Mentorship Program at their camps and staff will document and record the completion of YOP Peer Mentor Program. Those YOP housed at camp who do not complete the YOP Peer Mentorship training in camp prior to age 26 will be returned to a YOP institution for completion of the Peer Mentorship program prior to being returned to the camp.
No more than fifteen YOP Peer Mentors shall be assigned to each camp, Growlersburg CC or PGYCC. These YOP Peer Mentors may be assigned as firefighters or to non-grade positions, such as cooks or maintenance.
RESEARCH AND EVALUATION
The YOP CPP is a voluntary program designed to allow eligible youth offenders greater access to programs with the intent of increasing the likelihood of rehabilitation and decreasing recidivism. CDCR shall evaluate and assess the YOP CPP's effectiveness in achieving rehabilitative goals.
Growlersburg CC and PGYCC staff shall monitor and document any negative behavior, especially when the offender is to be assigned Off Reservation Work Details, such as grade projects or fire assignments. Staff shall document all disciplinary issues through the Rules Violation Report process in SOMS. Removal from the YOP CPP shall be documented and the offender shall be referred to ICC for review. If ICC removes the offender from the YOP Pilot Program, the counselor shall notate in the AGE or YOC AD Override comments section the reason for the removal and recommend placement at an institution consistent with the offender's case factors, and refer the case to the CSR for appropriate endorsement. Participation in the YOP CPP is voluntary. Any offender's requests to be removed from the YOP CPP shall be granted and documented on a CDC 128-B General Chrono and signed by the offender.
For the duration of the pilot program, CDCR shall evaluate and assess the program's effectiveness. Assessment of effectiveness shall be based upon the positive influence of the camp population. Additionally, camp staff are tasked to identify any issues involved with housing the YOP, the most common Rules Violation Reports generated, and any identified program changes or enhancements to be considered. The assessment also identifies which YOP participants successfully house and participate at camp as part of an inmate hand crew and are able to petition the court for felony expungement.
The results of the management reviews are shared with the Warden, Associate Director and CAL FIRE overseeing the YOP CPP. The results of all internal reviews may be utilized as supporting documentation for the development of future regulatory language.
If you have any questions regarding the YOP Pilot Program at Growlersburg CC or Pine Grove YCC, please contact Fred Money, Captain, Camp Liaison, Reception Centers Mission, at (916) 324-0756 or Fred.Money@cdcr.ca.gov.
DocuSigned by:
TAMMY FOSS
Undersecretary of Operations
California Department of Corrections and Rehabilitation
Attachment
cc: Jared D. Lozano
Jennifer Benavidez
Patrick Eaton
Tracy Snyder
Fred Money
Cal. Code Regs. Tit. 15, § 3999.30
Note: Authority cited: Sections 5058 and 5058.1, Penal Code. Reference: Section 5058, Penal Code.
Note: Authority cited: Sections 5058 and 5058.1, Penal code. Reference: Section 5058, Penal Code.
2. Amendment of section and new Attachment A filed 8-7-2024; operative 8/7/2024 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2024, No. 32). Section shall lapse by operation of law on 7-27-2025 pursuant to Penal Code 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.