Feb. 10, 2014

Associate Directors Wardens, Division Of Adult Institutions

by Pablo Piña (author's profile)

Transcription

Associate Directors
Wardens, Division of Adult Institutions
Page 14

Knowledge of how he/she knew the offender to be involved with the STG. Multiple confidential sources providing information regarding a single STG related incident or behaviour shall constitute one source item. Exclusive reliance on hearsay information provided by informants will not be used for validation purposed or placement in the step down program. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Debriefing Reports (three points): Only information referencing specific STG related acts or conduct shall be considered as a source item, when utilising information from another offender's debriefing. Confidential material obtained from a debriefing report shall also meet the requirements established in CCR, Title 15, Division 3, Section 3321. Multiple sources of information relative to a single related act or conduct shall be considered a single source of validation. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Written Materials (Offender identified in written material not in his possession - two points Personal Possession - four points): Any material or documents evidencing STG activity such as the membership or enemy lists, constitutions, organisational structures, codes, training material, etc. of specific STGs or addresses, names, identifies of validated STG affiliates. Although the item by itself may not evidence STG activity, when considered with other STG activity/behaviour it gives credence to a STG nexus. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Photographs (four point): Individual or group photographs with STG connotations such as those which include insignia, symbols or other validated STG affiliates. The date or age of a photograph shall be reasonably ascertained prior to any photo being relied upon for inclusion as a source item. No photograph shall be considered for validation purposes that are estimated be older than four years. Any photograph being utilised as a source item that depicts STG members shall require that at least one of the individuals be previously validated by the Department, or validated by the Department within six months of the photograph's established or estimated date or origin. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any persons or the security of the institution.

Staff Information (four points): Documents of staff's visual or audible observations which reasonably indicate STG activity as described in Section 3314(a)(2)(L) and (M), Administrative Rules Violations, STG Contraband and Behaviour, or Section 3315 (a)(3)(Y) and (Z). Serious Rules Violations, STG Activity or Behaviour, as described in Section 1200 of this Instructional Memorandum. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the securirty of the institution.

Other Agencies (four points): Information evidencing STG affiliation provided by other agencies including, but not limited to, police reports, crime reports, or arrest reports evidencing STG conduct, which have not been submitted, considered and incorporated within received court documents. Any information form another agency shall be documented by the staff person who received such information, citing the source and validity of the information. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Visitors (four points): Visits from persons or entities that are documents as wilfully promoting, furthering or assisting STG affiliated in activities associated with the STG. Staff shall articulate the basis for concluding the relationship between the visitor(s) and offender is STG

Associate Directors
Wardens, Division of Adult Institutions
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related in nature of that the visitor(s) and offender engaged in conduct related to the STG. Staff shall articulate the basis for identifying the visitor(s) as associated with the STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Communications (Four Points): Documentation of telephone conversations, conversations between offenders, mail, notes, greeting cards, or other communication, including coded messages evidencing STG activity. Staff shall articulate why, based on either the explicit or coded content the communication is reliable evidence of association or membership with the STG. Staff shall document and disclose ifnormation to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Self Admission (5 points): Staff shall document information about an offender's verbal, written or otherwise implied admission and specific involvement with the STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Offenses (Six points): When circumstances of an offense conclude that the offense was committed for the benefit of, at the direction of, or in association with any STG; such as where the offense is between rival STGs, the victim is verified as a STG affiliate, or the offender's crime partner is a verified STG affiliate. Staff shall articulate the basis for determining an offense to be STG related. Multiple sources of information relative to a single incident or offense will be considered one source of validation. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Tattoos and/or Body Markings (six points): Tattoos and/or body markings identified by investigators as being used by and distinctive to a specific STG. Staff shall descirbe the tattoo and/or body marking and articulate why they concluded the tattoo and/or body marking is used by and distinctive to a specific STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Legal Documents (seven points): Court transcripts, Probation Officer's reports, or other legal documents evidencing STG conduct. Staff shall document and disclose this information to the offender in a written form that would not jeopardise the safety of any person or the security of the institution.

Section 400.2. Validation Procedure
The validation process is a critical component of curtailing STG behaviour. Once an offender has been identified as a STG affiliate and vetted through the validation process, CDCR staff shall track their movement, monitor their conduct and take interdiction action, as necessary.

The validation procedure shall be completed as follows:
(a) Institution or STG Investigative Staff:
1) Institution or STG Investigative Staff will collect evidence of STG behaviour or intelligence documenting that a subject may be involved in STG activities.
2) STG Investigative staff initiate the validation process by reviewing all evidence and intelligence that has been gathered to determine that there is adequate, credible evidence to warrant further action. If so, the following steps will be completed. If not, the subject will continue to be tracked.

Associate Directors
Wardens, Division of Adult Institutions
Page 16

3) The STG Lieutenant or designee shall assign a staff member to conduct the investigation.
4) The assigned staff shall thoroughly review the evidence collected for corroboration and accuracy, review the central file including but not limited to CDC 115, Rules Violation Report, CDC Form 837, Crime Incident Reports, CDC Form 128-B, General or Confidential Chronos, conduct a search of the inmates cell/bed area, review visiting records, review housing records, interview witnesses, interview the subject, photograph the subject, contact outside agencies (as appropriate), and any other steps deemed necessary to ensure a complete and thorough investigation is completed.
5) The assigned staff shall prepare the validation package which shall consist of:
A. Form Q, Gang Validation Worksheet-considered investigative materials/not for distribution
B. Form Q-1, Body Markings Diagram-considered investigative materials/not for distribution
C. Form Q-2, Body Markings Photographs-considered investigative materials/not for distribution
D. CDCR Form 128-B STG2 Evidence Disclosure and Interview Notification (Attachment G)
E. CDCR Form 128-B STG3, Security Threat Group Validation Chrono (Attachment H)
F. The STG Investigator shall document in narrative fashion, the inmate's STG affiliation category of involvement, and specify each original, independent source item of information contained in the central file, which was relied upon to support the conclusion. Each source item shall be listed, including the investigator's explanation of the basis for the source items meeting the criteria set forth in this Instructional Memorandum.
G. CDCR Form 1030STG, Confidential Information Disclosure Form (Attachment I) disclosing each confidential source item in enough detail that the inmate can rebut the information.
H. CDCR Form CDCR 128-B3 STG Security Threat Group Identification Score Sheet
I. Photocopy of each non-confidential source items
6) The assigned staff shall serve a copy of the validation package to the subject. The notice will inform the subject that they will have a minimum of 72 hours to prepare a written response/rebuttal to the information contained in the validation package.
7) The assigned staff shall interview the subject to review the written response/rebuttal and provide the subject with a meaningful opportunity to be heard upon the conclusion of the preparation period, unless the time requirements are waived by the inmate, in writing.
8) The subject's mental health status and/or need for staff assistance shall be evaluated prior to the interview. The duties and functions of a staff member assigned to assist an inmate in the source items interview will be the same as set forth in CCR, Title 15, Section 3318. The reason for the decision will be included in the written document.
9) The interview shall be documented and include a record of the subject's position on each of the source items used in the validation. The assigned staff shall record information, via CDCR Form 128-B STG3, STG Validation Chrono, and provide a copy to the subject within 14 calendar days and prior to submission of the validation package to the OCS>
10) The validation package, along with the subject's written rebuttal and staff's CDCR Form 128-B STG3, STG Validation Chrono, outlining the subject's interview, shall be forwarded to the Senior Special Agent, SSU, or designee to request review of the validation package.

(b) Office of Correctional Safety:

Associate Directors
Wardens, Division of Adult Institutions
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SSU shall generally perform a quality control review of the formal validation package, upon receipt of all required document from the institution or region. This review shall be completed by OCS staff at a classification level no lower than Special Agent and will ensure that STG affiliate identifications are in compliance with source information requirements contained within this Instructional Memorandum.

1) A Special Agent shall be assigned to complete the review of the validation package.
2) The assigned agent shall ensure the input of information from the validation package into the STG tracking system.
3) The assigned agent shall thoroughly review the validation package.
4) The assigned agent shall recommend validation or rejection and complete the following:
A. The assigned agent shall prepare a CDCR Form 128-B2, Security Threat Group Validation/Rejection Review (Attachment J), noting the source items that were accepted and those that were rejected.
B. The agent shall note under the 'Action of Reviewer' section the recommended STG designation.
C. The assigned agent shall update status of the subject in the tracking system, noting the recommendation that has been made to the institution.
D. The assigned agent shall send the original CDCR Form 128-B2 to the STG Investigator at the originiating institution or region.

(c) STG Investigator:
1) The original CDCR Form 128-B2 shall be received by the originating STG investigator.
2) The STG Investigator or designee shall review the CDCR Form 128-B2 noting the evaluation and recommendations of OCS.
3) If incorrect information is contained on the CDCR Form 128-B2, the document must be returned to OCS for correction. Institution staff shall not make corrections, changes, or amendments to the CDCR Form 128-B2.
4) The STG Lieutenant or designee shall instruct staff to issue a copy on the CDCR Form 128-B2 to the identified subject, provide a copy to the captain of the facility where the inmate is assigned and forward the the original CDCR Form 128-B2 to the Classification and Parole Representation (C&PR) for placement into the central file.
5) The STG Investigator or appropriate lieutenant shall, as necessary, prepare a CDC form 114-D, Administration Segregation Unit Placement Notice. STG-I associates or any STG-II affiliate shall normally not be placed in the Administrative Segregation Unit (ASU). Consideration for placement into ASU will be based upon demonstrated STG behaviour or activity by the inmate which warrants consideration of placement into the Step Down Program in a Security Housing Unit or meets placement criteria as outlined in CCR Section 3334(a).
6) The STG Investigator or appropriate lieutenant shall assign staff to serve the CDC From 114-D to the subject and facilitate his/her placement into ASU, as appropriate.

(d) Classification and Parole Representative:
1) The original CDCR Form 128-B2 shall be received by the C&PR of the originating institution for inclusion into the subject's central file.
2) The C&PR or designee shall be responsible for ensuring that each central file document identified and submitted as a source item for STG validation is clearly and permanently stamped according to its acceptance or rejection on the CDCR Form 128-B2. If the CDCR Form 128-B2 identifies that the document was accepted as a source item for validation, then the C&PR or designee shall stamp the document with the statement: 'This document meets the validation requirements established in CCR 3378.2.' If the CDCR Form 128-B2 identifies that the document was rejected as a source item for

Associate Directors
Wardens, Division of Adult Institutions
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validation, then the C&PR or designee shall stamp the document with the statement 'This document does not meet the validation requirements established in CCR CCR3378.2'

e) Captain:
1) Ensure the assigned caseworker schedules the inmate's appearance before the STG Unit Classification Committee within 30 days of the institutions receipt of the finalised CDCR Form 128-B2.
2) Ensure an Investigative Employee is assigned as appropriate

f) Correctional Counsellor I:
1) Prepare and serve the CDCR Form 128-B1 STG, Security Threat Group Unit Classification Committee - Notice of Hearing (Attachment K) to the inmate at least 72 hours prior to the STG Unit Classification Committee.
2) Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the STG Unit Classification Committee

g) Security Threat Group Unit Classification Committee is a unit classification committee responsible to review STG validation packages, after submission by the local STG investigator and evaluation by OCS. The STG Comittee will establish validation status (validated or rejected) and assign the level of validation (e.g. member, associate).
1) The STG Unit Classification Committee shall be convened within 30 days of the institution's receipt of a completed CDCR From 128-B2, Security Threat Group Validation/Rejection Review.
2) The validation package is reviewed noting the recommendation of OCS.
3) The committee shall determine if the package is complete, if the evidence is appropriate and if they concur with the recommendation of OCS.
4) The STG committee shall review the Inverstigate Employee's Report
5) The STG committeee shall seek input from the inmate.
6) If the committee has a difference of opinion with the recommendation of OCS, the committee chairperson shall suspend the hearing and ask that it be reschedules.
A. The committee chairperson shall contact the SSU Senior Special Agent to discuss and resolve the issue/concern.
B. If the issue/concern cannot be resolved with the SSU Senior Special Agent, the Committee shall elevate the issue/concern to the Warden and Special Agent in Charge, OCS, for further discussion and a final decision.
C. If the original recommendation of OCS requires a change based on the above referenced discussion, a new CDCR Form 128-B2 shall be completed by OCS and issued to the inmate.
D. The resulting CDC Form 128-G1 shall articulate the issue requiring case conference and the decided resolution.
7) The committee shall re-convene, as necessary and determine the appropriate level of STG affiliation, based on the totality of the information as follows:
A. STG-I Member
B. STG-I Associate
C. STG-II Memeber
D. STG-II Associate
8) The committee shall make one of the following referrals and determinations:
A. An inmate validated as a STG-I member shall be referred to ICC for transfer and placement recommendation into the SDP.

Associate Directors
Wardens, Division of Adult Institutions
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B. An inmate who is housed in ASU, validated as an STG-I associate and has one STG-related Rules Violation Report (RVR) as listed in the STG Disciplinary Matrix (refer to Instructional Memorandum Procedures Section 600.1) and which is also used as a validation source item, shall be referred to ICC for transfer consideration to the SDP.
C. An inmate who is housed in ASU, validated as an STG-II member or Associate, and has two STG-related RVRs as listed in the STG Disciplinary Matrix and which are also identified in CCR Section 3341.5(c)(9) SHU Term Assessment Chart, shall be referred to ICC for program review and consideration for placement in the SDP.
D. An inmate who is housed in ASU pending validation, whose validation is rejected, and who does not have documented STG behaviour or whose behaviour is determined to be non-STG related, shall be scheduled for ICC for release to appropriate general population housing.
E. An inmate who is housed in general population, validated as a STG-I Associate or any STG-II affiliate and who does not have documents STG behaviour, may not require referral to ICC and may be retained in appropriate general population housing.
F. An inmate who is housed in general population, whose validation is rejected, and who does not have documented STG behaviour, shall not require referral to ICC.
9) The committee chairperson shall verbally inform the inmate of the decision of the committee.
10) The committee chairperson, shall document the STG Unit Classification Committee review date and the STG designation that is being assigned in the area provided on the CDCR Form 128-B2.
11) The Committee Recorder shall prepare the CDCR Form 128-G1, Security Threat Group Unit Classification Committee - Results of Hearing (Validation)(Attachment L).
12) The committee chairperson shall ensure the inmate is provided with a copy of the CDCR From 128-G1, upon approval/signature by the Chairperson and the finalised CDCR Form 128-B2.
13) The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forwrad to OCS for tracking purposes and input in the STG database.

h) Institution Classification Committee:
1) The committee shall review the CDCR Form 128-B2 STG Security Threat Group Validation/Rejection Review and the CDCR FOrm 128-G1, Security Threat Group Unit Classification Committee - Results of Hearing (Validation).
2) The committee shall assess a determinate SHU term for any inmate found guilty in a disciplinary hearing of an offence listed in CCR, Section 2241.5(c)(9), with one of the following dispositions:
A. The ICC has discretion has to assess and suspend any determinate SHU term to facilitate the inmate's placement in the SDP as may be appropriate.
B. When the ICC elects to assess and impose a determinate SHU term, the inmate, whenever possible shall not be housed with the SDP portion of the SHU.
C. Updated segregation reasoning must be provided in a new CDC Form 114-D, when the reasons for segregation changes.
3) The committee will review the inmate's housing needs as follows:
A. STG-I Member:
i. Requires placement in the Step Down Program at a SHU.
B. STG-I Associate:
i) If the validation source items include a documented STG behaviour or activity as listed in the STG Disciplinary Matrix and which is also identified in CCR Section

Associate Directors
Wardens, Division of Adult Institutions
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3341.4(c)(9) SHU Term Assessment Chart - requires referral for transfer to the SDP and endorsement by the CSR.
ii) if the validation source items do not meet the designated behavioural criteria for SDP placement - Release to general population unless the placement score or case factors have changed and the inmate requires further housing consideration.
C. STG-II Member or Associate:
i) If the validation source items include include two occurrences of documented STG behaviour or activity as listed in the STG disciplinary Matrix which is also identified in the CCR Section, 3341.5 SHU Term Assessment Chart - requires referral for transfer to the SDP and endorsement by the CSR.
ii) If the validation source items do not meet hte designated behavioural criteria for SDP placement - Release to general population unless the placement score or case factors have changed and the inmate requires further housing consideration.
4) The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
5) If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement. The CSR shall ensure segregation notice is appropriate and all source documents supporting the validation are stamped and present in the file.

Inmates who arrive to CDCr with a new commitment and who were previously validated by CDCR while a private citizen shall be referred to the STG Unit Classification Commitee. The committee shall affirm or reject the validation, as described in Section 400.2. The inmate shall be referred to ICC for determination of housing based upon the STG designation level assigned, as described in Section 400.2.

Section 500.3. Appeal of Validation

An inmate or parolee must submit his/her validation appeal within 30 calendar days of the STG Unit Classification Committee's final decision. The validation will be considered final upon the STG Unit Classification Committee assigning the validation status and finalising the CDCR Form 128-B2. Upon the inmate's receipt of the finalised CDCR Form 128-B2, he/she will have 30 calendar days to submit his/her appeal.

Section 500. Documentation STG Involvement and Activity

The CDCR has a zero tolerance for any STG behaviour or activity within its institutions. The STG policy recognised that STG groups and group-like activity pose a significant risk to the safety of others and secure orderly operation of its institutions. Every staff member who observes or witnesses STG behavior or activities has the responsibility to document their observations utilising the identified forms.
1) CDC Form 837, Crime Incident Report which shall be processed in accordance with CCR, Section 3268. A copy of the document shall be routed to the STG investigator.

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Replies (3) Replies feed

CJP Posted 10 years, 10 months ago. ✓ Mailed 10 years, 10 months ago   Favorite
After working on this transcript for over 2 hours, it became apparent that the pages have been uploaded in reverse order. To be honest after writing it up for so long and it not being in the right order has left me unmotivated. I hope that somebody else who has the time can finish the transcription.

admin Posted 10 years, 10 months ago. ✓ Mailed 10 years, 10 months ago   Favorite
Hi! CJP, thanks for pointing out the error. The post has been fixed and put in the correct order, and additionally, the transcription has been re-ordered and fixed as well. Apologies for the error.

CJP Posted 10 years, 10 months ago. ✓ Mailed 10 years, 10 months ago   Favorite
Thank you. I was going to have to go through it myself, I am glad that you did it for me I had sort of lost patience with it :) .
CJP

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