Cal. Code Regs. tit. 15 § 3378.5

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

Section 3378.5 - Debriefing Process

Debriefing is the process by which a STG coordinator/investigator determines whether an offender (subject) has dropped out of a STG. A subject shall be debriefed only upon his or her request, although staff may ask a subject if he or she wants to debrief. The Debrief Process may include a two-step process that consists of an interview phase (Phase I) and an observation phase (Phase II).

(a) CDCR has established a Debrief Processing Unit (DPU) to house incarcerated persons who are assigned to Phase I of the Debrief Process. A DPU may be established at any institution or facility the Department deems appropriate. An evaluation of the need for the observation phase will be based upon individual case factors including the STG affiliate's housing prior to beginning the debrief process. The observation phase of the Debrief Process shall begin when the incarcerated person's autobiography is accepted and ICC changes his status to Post-Debrief Intake Panel (DIP). Time served in the observation phase may overlap with time spent in the interview phase. Time spent in the observation phase should be up to six months, as long as the incarcerated person is actively participating in assigned program activities.

(b) The purpose of the debrief interview is to provide staff with information about the STG's structure, activities, and affiliates. The debrief process is not for the purpose of acquiring incriminating evidence against the subject. The object of the debrief process is to learn enough about the subject and the subject's current STG to:

(1) allow staff to reasonably conclude that the subject has dropped out of the STG, and

(2) allow staff to reclassify the subject based upon the offender's needs in conjunction with the security of the institution, as well as, the safety and security of staff and other offenders. A requirement of the interview phase is that the offender provides staff an autobiography of their STG involvement, which is then verified by staff for completeness and accuracy.

(c) Incarcerated persons undergoing the debrief process may be subject to a period of observation (Phase II) with other incarcerated persons who are also undergoing the debrief process. The period of observation shall be up to 6 months in duration and may occur in the DPU or the Transitional Housing Unit (THU).

(d) Upon completion of the debrief process, the incarcerated person shall be housed in a facility commensurate with the incarcerated person's safety needs, placement score and other case factors.

(e) A waiver of the right against self-incrimination is not a precondition of an offender (subject) undergoing the debrief process since the information is provided for administrative purposes. A subject shall not be required to complete the debrief process and the subject is free to terminate the debrief process at any time. If, during the debrief interviews, a subject makes a statement that tends to incriminate the subject in a crime, the STG coordinator/investigator may stop any discussion about the matter and continue on with another topic. Prior to questioning the subject about the incriminating matter, the subject must waive the right against self-incrimination (Miranda). The decision by the subject to exercise the right against self-incrimination shall not affect the determination of whether the subject successfully participated in the debrief process.

(f) Incarcerated persons will be afforded expanded program opportunities as they progress through the DPU. Detailed information about the operation of the DPU is located in section 3378.7.

Upon receipt of notification of an incarcerated person's intent to disassociate from an STG, the institutional STG investigator shall ensure the incarcerated person has been placed in appropriate housing to address the incarcerated person's safety in accordance with sections 3335 through 3336, 3340, and 3342.

The STG investigator shall contact the validated incarcerated person within five (5) business days of receipt of the notification to conduct an Initial Debrief Intake Interview.

The Initial Debrief Intake Interview document must be finalized and available at the initial ICC. During the initial ICC, the incarcerated person will be notified of ICC's actions and will be referred for transfer to the DPU in accordance with subsection 3378.7(b). Exceptions to transfer by ICC will be for:

(1) Incarcerated persons serving an active Determinate RHU term. In this instance, the debrief process will continue at the respective RHU institution and upon resolution of the Determinate RHU term, the incarcerated person will be considered for transfer to a facility commensurate with their current programing needs, to include the DPU for Phase I or THU for Phase II.

(2) Incarcerated persons awaiting appearance before the Board of Parole Hearings (BPH), shall be retained at the local institution until completion of the BPH process in advance of a transfer to the DPU for Phase I or THU for Phase II in accordance with section 3379(a)(3).

(3) Incarcerated persons who have a disciplinary case pending review/acceptance by the District Attorney shall be retained locally until completion of any projected/active RHU MRD, in advance of a transfer to the DPU. Thereafter, the respective Wardens will coordinate subsequent transfer needs to address required court hearing(s).

(4) Subsequent to ICC, the STG investigator will issue the autobiography instructions to the incarcerated person, who will have 30 days to complete and submit the autobiography. If the incarcerated person meets one of the transfer exceptions, he is still expected to complete the autobiography within 30 days. The STG lieutenant, at the incarcerated person's assigned institution, will collect the autobiography and forward it to the Office of Correctional Safety (OCS), Gang Intelligence Operations (GIO) Lieutenant for processing.

(g) Upon an incarcerated person's arrival at the DPU, an OCS investigator shall meet with the incarcerated person and collect the completed autobiography. If extenuating circumstances have prevented the incarcerated person from completing the autobiography, the incarcerated person may be issued an extension to complete their autobiography at the discretion of the OCS GIO Senior Special Agent. If the extension extends beyond 45 days (from the original date of assignment), the case shall be scheduled for a case conference to include the Captain, responsible for DPU, and the Senior Special Agent, Special Services Unit (SSU), OCS.

(1) If the incarcerated person fails/refuses to complete the debrief process, the incarcerated person shall be placed (or retained) in the RHU for review of potential safety concerns. The incarcerated person will be scheduled for appearance before ICC to further assess their status to include evaluation of Work Group/Privilege Group and a determination of appropriate housing. Appropriate housing may include return to General Population housing or referral to the DRB.

(h) The completed autobiography, including those received from incarcerated persons who are not currently housed at DPU, will be presented by OCS staff to the DIP. The DIP is a committee comprised of DAI and OCS representatives who have a primary role to evaluate debrief cases and delegate case responsibilities based upon the complexities of each case. The DIP is comprised of four members including one SSU Senior Special Agent, one representative from DAI at the level of Correctional Administrator, and two OCS GIO Lieutenants. A quorum will exist with the SSU Senior Special Agent, DAI representative, and one OCS GIO Lieutenant.

(1) Upon completion of each review, the DIP will determine one of two debrief categories and document the acceptance of the autobiography and the category chosen on a CDCR Form 128-B. The DIP will base their decision on the totality of case factors evidencing the incarcerated person's status and behavior within the STG. The categories are defined as follows:

(A) Category 1 (Complex): Debriefs to be completed by the OCS GIO. Debriefs assigned to Category 1 will typically be incarcerated persons who have held a high ranking position within the STG; who have committed or participated in serious criminal activities, Division A and B offenses as listed in the current disciplinary matrix in the furtherance of the STG; and/or have had an extensive history with the STG. All debrief reports assigned to OCS GIO investigators will normally be completed within 90 business days of assignment.

(B) Category 2 (Less Complex): All other debriefs will be classified under Category 2. The OCS GIO Lieutenant will assign the debrief report to be completed by an institutional STG Investigator. All debriefs assigned to institutional STG Investigators will normally be completed within 60 business days of assignment. Debriefs will be assigned to institutional STG Investigators on a statewide rotating basis.

Cal. Code Regs. Tit. 15, § 3378.5

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; and Toussaint v. McCarthy (9^th Cir. 1990) 926 F.2d 800.

1. Renumbering and amendment of former section 3378.1 to new section 3378.5(a)-(d), renumbering and amendment of former section 3378.2 to new section 3378.5(e) and new subsection (f) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
2. Amendment filed 10-9-2017 as an emergency; operative 10/9/2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-5-2018 order, transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).
5. Amendment of subsections (f)-(f)(1), (f)(3) and (g)(1) and repealer of subsection (i) filed 10-24-2023 as an emergency; operative 11/1/2023 (Register 2023, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (f)-(f)(1), (f)(3) and (g)(1) and repealer of subsection (i) refiled 4-8-2024 as an emergency; operative 4/11/2024 (Register 2024, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency language will be repealed by operation of law on the following day.
7. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
8. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsections (f)-(f)(1), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).