Cal. Code Regs. Tit. 15, § 3075 - Initial Intake and County Reimbursements

(a) CDCR shall assign each county to a reception center (RC) institution for the delivery of new commitment State incarcerated persons.

(b) The county shall first contact the designated RC institution, on or before the Friday prior to the week of transfer, to notify and coordinate the upcoming delivery of the incarcerated person(s).

(1) In the event the RC is unable to accept delivery of the incarcerated person(s), the county shall contact the CDCR Intake Control Unit (ICU). The ICU will make every effort to direct the county to an alternate RC.

(A) If ICU is unable to provide an alternate RC for delivery, the county shall follow CDCR's notification process, pursuant to subsection (c), to be eligible for reimbursement.

(B) If ICU notifies a county that space is available at a RC after previously being denied, the county shall deliver the incarcerated person(s) within two working days (Monday through Friday, excluding holidays), from CDCR's notification of bed availability.

(C) If the county is unable to deliver the incarcerated person(s) within two working days, reimbursement will not be authorized for any additional days.

(D) Incarcerated persons shall be delivered in the order they were notified to the ICU.

(c) If the ICU has been notified by the county that a new commitment incarcerated person is ready to be transported, and the department is unable to accept delivery by the fifth working day (Monday through Friday, excluding holidays), pursuant to Penal Code (PC) Section 4016.5(a), a county shall be reimbursed for costs incurred resulting from the detention of a new commitment State incarcerated person, or a county referral of an incarcerated person pursuant to PC Section 1203.03.

(1) CDCR shall reimburse a county for each day of an incarcerated person's detention, starting on the day following the fifth working day after ICU is notified of the incarcerated person's denied delivery.

(2) The county shall not be reimbursed if, upon notification of the pending transport, ICU directs the county to deliver the State incarcerated person to an alternate RC and the county refuses or is unable to transport incarcerated persons to the alternate RC.

(3) The county shall not be reimbursed for the detention of an incarcerated person(s) for any period of time prior to notification and within the five-day time period after notification.

(4) CDCR shall not reimburse a claim that is in excess of six months from the close of the month in which the costs were incurred.

(d) A county is also entitled to reimbursement for mileage expenses incurred when transporting State incarcerated persons to a State institution. A mileage expense will be paid for a total round trip distance.

(e) Incarcerated persons received by the department shall be accompanied by either a copy of the minute order or an abstract of the judgment certified by the clerk of the court or judge. Confidential medical/mental health documents indicating that the incarcerated person is medically capable for transport are required upon delivery. The incarcerated person's identity shall be verified by staff to prevent inadvertent acceptance of a person not legally committed to the department.

(f) Upon staff's receipt of an incarcerated person's cash, personal securities and property, a CDCR Form 104 (Rev. 07/24), Property and Cash Receipt -- Arrival, which is incorporated by reference, shall be completed.

(g) Each incarcerated person shall be photographed and an identification card prepared. The identification photo shall be updated every five years or when there is a distinct change in the incarcerated person's physical appearance. An incarcerated person who noticeably changes their appearance will be charged for the cost of the updated identification photo/card, if the distinct change occurs anytime within the five-year period.

(h) Each incarcerated person shall be informed of the departmental grooming standards and shall be afforded an opportunity to comply prior to being photographed. Each incarcerated person will be advised that failure to comply with departmental grooming standards may result in the issuance of an administrative rule violation report and that a repeated pattern of administrative rule violations, may result in the incarcerated person being deemed a program failure pursuant to Section 3000. The processing officer will document on a CDC Form 128-B (Rev. 4/74), General Chrono, the incarcerated person's refusal to comply with the departmental grooming standards. The CDC Form 128-B will be forwarded to records for the incarcerated person's initial classification committee review.

(i) All condemned male incarcerated persons shall be delivered to San Quentin State Prison, pursuant to Penal Code section 3600.

(j) All condemned female incarcerated persons shall be delivered to the Central California Women's Facility, pursuant to Penal Code section 3601.

Notes

Cal. Code Regs. Tit. 15, § 3075

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1202a, 1203.03, 1216, 1217, 2081.5, 2901, 3058.5, 3600, 3601, 4016.5(a), 4537, 4750, 4751 and 5054, Penal Code; and Section 19853, Government Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1202a, 1203.03, 1216, 1217, 2081.5, 2901, 3058.5, 4016.5(a), 4537, 4750, 4751 and 5054, Penal Code; and Section 19853, Government Code.

1. Article 6.5 heading and new section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order including amendment of Note transmitted to OAL 4-15-92 and filed 5-28-92 (Register 92, No. 22).
3. New subsection (d) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-16-97 order, including further amendment of subsection (d), transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
5. Amendment of subsection (c) filed 1-17-2006 as an emergency; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (d) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
7. Certificate of Compliance as to 1-17-2006 order transmitted to OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
8. Change without regulatory effect amending subsection (b), repealing CDC Form 104 and incorporating by reference new CDCR Form 104 filed 7-30-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 31).
9. Amendment of section and Note filed 1-23-2014; operative 1-23-2014 pursuant to Government Code section 11343.4(b)(3)(Register 2014, No. 4).
10. New subsections (i) and (j) and amendment of Note filed 1-31-2024; operative 1/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).
11. Change without regulatory effect amending article heading, section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).