The California Department of Corrections and Rehabilitation
(CDCR), pursuant to the provisions in sections
3375 through
3379, provides upon reception, an
assessment and classification process to each person committed to the custody
of the CDCR. Exception to this are Senate Bill (SB) 618 Participants, as
defined in section
3000, who will be participating in
a SB 618 Program, as defined in section
3000. Pursuant to the authority
and process as described in this section, SB 618 Participants, prior to
reception by the CDCR, shall be assessed by the county in which the
incarcerated person is adjudged to have committed their crime.
(a) Assessment transfer authority. Pursuant
to Penal Code (PC) section 1203.8, the CDCR is authorized to enter into an
agreement with up to three counties in the State of California to carry out the
assessment of persons convicted of nonviolent felony offenses and to develop a
multi-agency plan (MAP).
(1) The MAP shall be
developed at the participating county and subject to the approval of the CDCR,
will be the general plan and agreement permitting the transfer of the
assessment responsibility to the county. The MAP shall be developed by and have
the concurrence of the following local county representatives or their
designees, which shall include:
(A) The
presiding judge.
(B) The chief
probation officer.
(C) The district
attorney.
(D) The county defense
agency.
(E) The local custodial
agency (e.g. sheriff).
(2) The MAP shall be submitted to the Board
of Supervisors for approval.
(b) Incarcerated person eligibility. An
eligible incarcerated person may voluntarily participate in a SB 618 Program.
To be eligible, the incarcerated person must meet the following criteria:
(1) Is convicted in the current case of a
non-violent felony.
(2) Must be in
custody to participate with no convictions under PC section 667.5(c) except as
provided in subsection
3077(d)(1).
(3) Is a legal resident of the participating
county at the time of his or her conviction (county of last legal
residence).
(4) Is sentenced to a
state prison for a period of 7 and 72 months with time to serve remaining to
permit commencement and completion of programming of no more than 36 months or
less than 4 months.
(5) Is able to
live independently in the General Population (GP) of the participating
institution independent of housing designation.
(6) Has a classification score below 52
points.
(c) Exclusionary
criteria. An incarcerated person is excluded from participating in the SB 618
Program if they:
(1) Is a documented and
validated STG member or associate.
(2) Has a prior conviction where the
incarcerated person's victim(s) suffered death, disability, or serious
injury.
(3) Has any history of sex
or arson offenses subject to registration pursuant to PC sections
290 and 457.1.
(4) Possesses outstanding or active felony
holds from other jurisdictions.
(5)
Qualifies for participation in a drug treatment program as defined in PC
section
1210(b).
(6) Persons convicted of repeat offenses with
a new sentence and who are offered a probationary sentence are not
automatically excluded from consideration for participation in the SB 618
Program upon approval of the court.
(d) Discretionary factors. The following are
discretionary factors that will be taken into consideration when determining on
a case-by-case basis, SB 618 Program eligibility:
(1) Prior convictions for PC section
667.5(c). Where a defendant has been out of custody for no less than five years
and has committed no other violent felony as defined under Penal Code section
667.5(c),
prior convictions for violent felonies under Penal Code section
667.5(c)
that do not involve death, great bodily injury or permanent disability will be
screened for SB 618 eligibility on a case-by-case basis.
(2) Persons convicted of repeat offenses as
described in 3077(d)(1) with a new offense who pick up a new prison term are
not automatically excluded from consideration for participation in the SB 618
Program upon recommendation of the court with concurrence of CDCR.
(3) Parole violators with a new term, who
before parole were SB 618 Participants, are automatically excluded from
consideration for participation in the SB 618 Program.
