Section 3768.3 - Utilization of the Parole Violation Decision-Making Instrument(a) The automated CDCR Form 1500 shall be utilized as the reporting mechanism within the Parole Violation Disposition Tracking System (PVDTS) for the following types of alleged parole violations:(1) Any alleged violation that can be adjudicated by the Division of Adult Parole Operations at the parole unit level.(2) Any alleged violation referred to the Board of Parole Hearings for final adjudication with a recommendation to Continue On Parole, when the offender is not in custody, excluding: (A) Residential Substance Abuse or Treatment Program placement recommendations.(B) In-Custody Drug Treatment Program placement recommendations.(b) Prior to the initiation of the CDCR Form 1676 (Rev. 04/13) in the PVDTS program, the automated CDCR Form 1500 shall be completed. Upon the completion of the CDCR Form 1676, it shall be forwarded to the court as part of the revocation packet for final adjudication of the parole violation(s) as referenced in Section 3763.(c) The automated CDCR Form 1500, PVDMI, shall be completed prior to the removal of a Penal Code section 3056 parole hold. The CDCR Form 1500 is not required to be completed when an investigation reveals that no parole violation occurred.(d) The responsible parole agent will complete the following sections of the automated CDCR Form 1500, PVDMI: (1) Section A, Offender Information. Section A requires manual entry for those portions that do not auto-populate upon entry of the offender's prison number.(2) Section B, California Static Risk Level. Section B shall auto-populate. When a California Static Risk Assessment (CSRA) risk number value, as described in section 3768.1, is unavailable, the parole agent is responsible for requesting a CSRA risk number value upon discovery of the violation.(3) Section C, Violations. Section C requires manual entry for those portions that do not auto-populate.(4) Section D, Circumstances of Charges. Section D requires manual entry clearly articulating the facts and circumstances for each charged violation.(5) Section E, Mandatory Report to the Board of Parole Hearings. Section E requires manual entry to designate if the violation(s) are required to be reported to the Board of Parole Hearings in accordance with section 2616 of the California Code of Regulations, Title 15, Division 2.(6) Section F, Instrument Response Level. Section F shall auto-populate an appropriate response level to the alleged violation. Response levels include: (A) Least Intensive. Least Intensive responses are those responses to a violation that impose a minimal sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Least Intensive Response Level could include a verbal reprimand, the imposition of a curfew, or increased reporting instructions.(B) Moderately Intensive. Moderately Intensive responses are those responses to a violation that impose a medium-range sanction and is based on the severity of the violation and the risk score of the offender who committed the violation. The Moderately Intensive Response Level could include community service, increased urinalysis testing, or referral to a structured program.(C) Most Intensive A. Most Intensive A responses are those responses to a violation that impose a higher range sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Most Intensive A Response Level could include a referral to an In-Custody Drug Treatment Program or placement into Mental Health Services.(D) Most Intensive B. Most Intensive B responses are those responses to a violation that impose the highest range sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Most Intensive B Response Level would result in a recommendation for revocation by the parole agent.(E) Most Intensive C. Most Intensive C responses are those responses to a violation that impose the highest range sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Most Intensive C Response Level would result in a recommendation for revocation by the PVDMI.(7) Section G, Recommended Responses. Section G requires the parole agent to select a recommended response level as provided for in Section F, or the parole agent may select an alternative response level. An alternative response selection will require the completion of the "Parole Agent Override Section."(8) Parole Agent Override Section. The parole agent shall indicate stabilizing factors, which would mitigate the offender's risk and support a less intensive response, or destabilizing factors, which would support a more intense response. Overrides should not adjust the response level by more than one level.(9) Section H, Agent's Recommended Response Level. The parole agent shall indicate the specific program that the offender will be required to complete based on the selected response level.(e) The parole unit supervisor, or designee, shall ensure the responsible parole agent completed all the required sections of the automated CDCR Form 1500, PVDMI. Once verified, the unit supervisor shall complete Section I, Unit Supervisor's Determination of the automated CDCR Form 1500, PVDMI.(1) Once the unit supervisor reviews the CDCR Form 1500, PVDMI, the "Unit Response Level" shall be selected. Unit Response Levels that differ from the response level provided by an agent require articulation of the difference of opinion in the "comments" area of Section I.(2) The unit supervisor shall print and sign the completed CDCR Form 1500, PVDMI document, attach any supporting documents, and forward the completed PVDMI packet for processing.(f) Upon receipt of the completed PVDMI packet, the Decentralized Revocation Unit parole administrator shall review the parole unit's response level on the CDCR Form 1500, PVDMI.(1) For violations that do not require adjudication by the Board of Parole Hearings (BPH), the parole administrator can elect to:(A) Retain the response provided by the unit supervisor and forward the completed PVDMI packet to the BPH.(B) Modify the response provided by the unit supervisor, documenting the change in Section J of the automated CDCR Form 1500, PVDMI, and forward the packet to the BPH, or return the packet to the parole unit, depending on the modification.(2) For violations that do require final adjudication by the BPH, the parole administrator can elect to: (A) Retain the response provided by the unit supervisor and forward the completed PVDMI packet to the BPH.(B) Modify the response provided by the unit supervisor, documenting the change in Section J of the automated CDCR Form 1500, PVDMI and forward the packet to the BPH.(g) A printed copy of the completed automated CDCR Form 1500, PVDMI, shall be provided, or postmarked for delivery, to the supervised person within 10 working days of the final adjudication of the alleged violation.Cal. Code Regs. Tit. 15, § 3768.3
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3015, 5054 and 5076.2, Penal Code.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3015, 5054 and 5076.2, Penal Code.
1. New section filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-7-2010 order, including amendment of section heading and subsection (a), transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
3. Amendment of subsections (a) and (b) and repealer of subsections (b)(1)-(3) filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and filed 8/27/2014 (Register 2014, No. 35).
5. Amendment of subsection (b) filed 4-9-2019; operative 7/1/2019 (Register 2019, No. 15).
6. Change without regulatory effect amending subsection (g) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).