Cal. Code Regs. tit. 15 § 3375.5

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 3375.5 - CDCR Readmission Score Sheet, CDCR Form 841, Calculation

This section incorporates by reference CDCR Form 841 (Rev. 07/24), Readmission Score Sheet.

The factors and their related numerical weights used to recalculate an incarcerated person's preliminary score upon readmission to the Department are listed below. Box numbers appear to the right, but refer to the first box on the left of each field.

(a) Favorable behavior since last review (Boxes 48-53). The categories below provide favorable points for six-month intervals. When an incarcerated person's status is interrupted during the period without incarcerated person fault, the period shall be considered continuous.
(1) For each six-month period of continuous minimum custody, four points shall be entered in Boxes 48-49.
(2) Apply one-half favorable behavior points for less than a full six-month review period.
(3) Unfavorable behavior points shall be assessed at full value.
(A) For each six-month period since the last review with no serious disciplinary, two points shall be entered in Boxes 50-51.
(B) For each six-month period with an average or above average performance in work or a Rehabilitative Program managed by the Division of Rehabilitative Programs, as defined in section 3000, two points shall be entered in Boxes 52-53.
1. Part-time assignments which, when work and program hours are added together, are equivalent to a full-time assignment shall be combined.
2. Favorable points shall not be granted for average or above average performance for who are not assigned to a program, unless the incarcerated person is diagnosed as totally disabled as defined in section 3000.
3. Time that an incarcerated person spends during a six-month review period with a diagnosis of being totally disabled as defined in section 3000 shall count for the purpose of granting favorable points for average or above average performance.
(b) Unfavorable behavior since last review (Boxes 54-71):
(1) For each serious misbehavior for which the incarcerated person was found guilty during a six-month review period, apply eight points for a Division A-1 or A-2 offense; apply six points for a Division B, Division C, or Division D offense; apply four points for a Division E or Division F offense, with the exception of use of any controlled substance, as identified in H&SC 11007, or alcohol, based solely on a positive test result from an approved departmental testing method pursuant to section 3290 in Boxes 54-59. Only misbehavior that is equivalent to a serious rule violation as defined in section 3315 shall be recorded. This includes behavior while in the county jail or conduct that occurred while the incarcerated person was housed in another state or federal jurisdiction.
(A) Do not include any administrative rule violations.
(B) When the serious misbehavior also includes other factors listed in subsection (2) through (7) below, assess additional points for each applicable factor.
(2) For each battery on a non-incarcerated person or attempted battery on a non-incarcerated person during any six-month review period, eight points shall be entered in Boxes 60-61.
(3) Battery means any offense as described in section 3005(d) where criminal prosecution had, or would normally have taken place.
(4) For each battery on an incarcerated person or attempted battery on an incarcerated person during any six-month review period, four points shall be entered in Boxes 62-63.
(A) Refers to situations where one or more incarcerated persons are clearly the victim.
(B) Do not include mutual combat where both incarcerated persons were co-responsible.
(5) For each incident involving the distribution of any controlled substance, per subsection 3323(c)(6), in an institution/facility or contract health facility, for distribution and sales, four points shall be entered in Boxes 64-65. Points shall not be assessed for personal use or possession of a small quantity of drugs, or being under the influence.
(6) For each well-documented serious disciplinary for possession, manufacture, or attempted manufacture of a deadly weapon where apparent use was intended, 16 points shall be entered in Boxes 66-67. Points shall not be assessed for possession of commonly available and unmodified objects, unless they were used as weapons and that fact is documented in the disciplinary report. Include possession of a razor blade (whether modified or not) in a segregated program housing unit (e.g., Administrative Segregation Unit, Security Housing Unit, Psychiatric Services Unit) or restricted housing unit (i.e., EOP RHU, CCCMS RHU, or GP RHU).
(7) For each serious disciplinary where the incarcerated person led a facility riot, racial disturbance or work strike, four points shall be entered in Boxes 68-69. Include any willful and deliberate behavior that may have led to violence or disorder, and any willful attempt to incite others, either verbally or in writing, or by other deliberate action, to use force or violence upon another person, of the type described in section 3005.
(8) For each battery that caused serious bodily injury, 16 points shall be entered in Boxes 70-71. incarcerated persons who conspired in or ordered the battery shall receive the same points.
(A) Serious bodily injury is that which is defined in Section 3000.
(B) Any attempted battery which may have been life threatening but circumstances such as heavy clothing prevented the homicide shall be included.
(c) Prior Preliminary Score (Boxes 75-77):
(1) The prior preliminary score is the calculated score that appears on the most current classification score sheet. Enter that value in Boxes 75-77.
(2) When the most current score appears on the CDCR Form 839 (Rev. 07/24) or later, CDCR Classification Score Sheet, enter the value from that score sheet that is the preliminary score.
(3) When the most current score appears on the CDCR Form 840, (Rev. 07/24) or later, CDCR Reclassification Score Sheet, enter the value from that score sheet that is the new preliminary score.
(4) When the most current score appears on the CDCR Form 841, (Rev 07/24) or later, CDCR Readmission Score Sheet, enter the value from that score sheet that is the new preliminary score.
(d) Net Change in Score (Boxes 78-80):

Combine the total favorable points (item C.4.) with the total unfavorable points (item D.8.). Enter the total as a plus or minus value for net change in score.

(e) Preliminary Score Subtotal
(1) The prior preliminary score subtotal is the combined value of the prior preliminary score and net change in score.
(2) Record this value on the line provided.
(3) Computations that result in a minus value shall be entered as zero.
(f) Change in term points (Boxes 81-83):
(1) If, during reception center processing, the incarcerated person has been designated as a PVRTC, do not enter a value. This area is left blank for an incarcerated person who has returned as a parole violator without a new term.
(2) If, subsequent to reception center processing, the parole violator receives a new term, record the change in term points, if any, on a CDCR Form 840 (Rev. 07/24), Reclassification Score Sheet, as a result of this new term. Do not correct the CDCR Form 841.
(3) If, during reception center processing, the incarcerated person has been designated as a PVWNT, the prior term points shall be given a minus value and combined with the new term points. To determine the new term points, multiply the number of whole years times two. Drop months from the calculation.
(4) Any term point adjustments that may have been recorded on a previous CDC Form 840 or CDC Form 841 must also be taken into consideration to determine the final total change in term points.
(5) Determine the difference between the new term points and the old term points. The resultant plus or minus figure is the change in term points.
(6) A change in the term points is recorded only if there is a change in the total term length.
(g) New Preliminary Score (Boxes 84-86):
(1) The incarcerated person's new preliminary score is the result of combining the preliminary score subtotal with the change in term points (if any).
(2) Right-justify the total.
(3) Computations that result in zero or a minus value shall be entered as zero.
(h) Mandatory Minimum Score Factor Code and Mandatory Minimum Score (Boxes 87-89):
(1) A mandatory minimum score is a score that is applied to an incarcerated person who has a case factor that requires that they be housed no lower than a specific security level.
(2) A mandatory minimum score factor is a case factor that requires the application of a mandatory minimum score.
(3) A mandatory minimum score factor code is a numeric code associated with a mandatory minimum score factor.
(A) If an incarcerated person has a case factor that requires the application of a mandatory minimum score factor code, enter the code that applies in Box 87.
(B) If one or more mandatory minimum score factors is present, determine which of the factors is associated with the highest score and enter that code in Box 87.
(C) Enter the mandatory minimum score that corresponds to the selected code in Boxes 88-89.
(i) Placement Score (Boxes 90-92)
(1) If there are no case factors that require a mandatory minimum score, enter the new preliminary score as the placement score.
(2) If a mandatory minimum score has been applied, and it is greater than the new preliminary score, enter the mandatory minimum score as the placement score.
(3) If a mandatory minimum score has been applied, and it is less than the new preliminary score, enter the new preliminary score as the placement score.
(4) The placement score is the primary factor that is used to determine the security level to which the incarcerated person is assigned.
(j) Special Case Factors (Boxes 93-95)
(1) In Box 93, enter "A" if the incarcerated person has an active felony hold, warrant, or detainer. Enter "P" if the incarcerated person has a potential felony hold, warrant, or detainer. If the incarcerated person has both an active and a potential felony hold, warrant, or detainer, enter "A".
(2) In Box 94, enter "A" if the incarcerated person has an active United States Immigration and Customs Enforcement (USICE) detainer. Enter "P" if the incarcerated person has a potential USICE detainer.
(3) In Box 95, enter "R" if the incarcerated person meets the criteria for an "R" suffix per section 3377.1(b).
(k) Classification Staff Representative (Boxes 117-181):
(1) The CSR determines appropriate housing in keeping with Departmental needs, safety and security, the incarcerated person's placement score and administrative determinants.
(A) The three-letter codes from section 3375.2 shall be used to indicate the administrative determinants. Up to five administrative determinants may be entered in Boxes 156-170.
(B) Reason for administrative or irregular placement (Boxes 179-181).
1. Entered only if the facility's security level where the inmate is placed is not consistent with his/her placement score.
2. Enter one of the administrative determinant's three-letter codes from section 3375.2.
3. CSR approval of an administrative or irregular placement is valid only as long as the inmate's placement score remains within the same facility security level as when the approval was given.

Cal. Code Regs. Tit. 15, § 3375.5

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 4502 and 5054, Penal Code.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 4502 and 5054, Penal Code.

1. New section and new form CDC 841 filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-27-2002 order, including further amendment of section and repealer and new form CDC 841, transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
3. Amendment of section heading, section and Note and incorporation by reference of form CDCR Form 841 filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
5. Amendment of subsection (a)(3)(C) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register 2013, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-7-2014 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-29-2013 order, including amendment of subsection (a)(3)(C), transmitted to OAL 4-4-2014 and filed 5-14-2014; amendments effective 5/14/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 20).
7. Redesignation of subsections (a)(3)(B)-(a)(3)(C)2. as subsections (a)(3)(A)-(a)(3)(B)2., including amendment of newly designated subsections (a)(3)(B) and (a)(3)(B)2., new subsection (a)(3)(B)3. and amendment of subsection (b)(1) filed 2-9-2017 as an emergency; operative 2-20-2017 (Register 2017, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-31-2017 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-9-2017 order transmitted to OAL 7-12-2017 and filed 8/23/2017 (Register 2017, No. 34).
9. Amendment of subsection (a)(3)(B) filed 4-27-2021 as an emergency; operative 4/27/2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 2021, No. 36).
11. Amendment of subsection (b)(6) and amendment of Note filed 11-30-2021; operative 1/1/2022 (Register 2021, No. 49).
12. Amendment of subsection (a)(3)(B) refiled 2-1-2022 as an emergency; operative 2/1/2022 (Register 2022, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-2-2022 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (a)(3)(B) refiled 5-2-2022 as an emergency; operative 5/3/2022 (Register 2022, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-1-2022 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed 8/31/2022 (Register 2022, No. 35).
15. Amendment of subsection (b)(6) 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.
16. Amendment of first paragraph and subsections (c)(2)-(4) and (f)(2) filed 1-31-2024; operative 1/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 5).
17. Amendment of subsection (b)(6) 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.
18. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
19. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (b)(6), 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).