Report 2008-104 All Recommendation Responses

Report 2008-104: Department of Corrections and Rehabilitation: It Does Not Always Follow Its Policies When Discharging Parolees (Release Date: August 2008)

Recommendation #1 To: Corrections and Rehabilitation, Department of

To prevent the automatic discharge of parolees, Corrections should ensure that staff promptly prepare discharge review reports for all eligible parolees.

Annual Follow-Up Agency Response From January 2011

On March 2, 2009, Corrections Division of Adult Parole Operations issued Policy Number 09-03 entitled Discharge Policy and Procedures. The policy, which addresses the procedures governing the parole discharge process, was incorporated into the Department Operations Manual. The policy requires district administrators to document their justifications for discharging parolees against the recommendation of parole agents and unit supervisors and requires the preparation of discharge review reports for deported parolees. The memorandum was distributed throughout the Department via hard copy as well as posted on Corrections intranet site. Pages 8, 12, and 13, of the memorandum specifically address the bureaus recommendations. The placement of the provisions from the memorandum into draft regulations has been completed and implemented by Corrections after the enactment of SB 3X 18. SB 3X 18 required amendments to the regulations which were incorporated and completed as of May 26, 2010. (2010-041, p. 90)

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Recommendation #2 To: Corrections and Rehabilitation, Department of

Corrections should finalize and implement the draft regulations and policy memorandum that will detail the policy and procedures governing its parole discharge process. The new policy should prohibit unit supervisors and district administrators from altering discharge review reports prepared by others. In addition, the new policy should require district administrators to document their justifications for discharging parolees against the recommendations of both parole agents and unit supervisors. Finally, the new policy should require that discharge review reports be prepared for deported parolees.

1-Year Agency Response

Corrections finalized and implemented a new policy memorandum, which defines all aspects of its parole discharge review process. For example, the new policy details the discharge review reporting process and the associated time frames. In addition, it requires district administrators to document sufficient justification for their decisions to retain or discharge parolees. Furthermore, the new policy prohibits deported parolees from discharging by operation of law without a substantive documented review. Corrections, new discharge policy and procedures memorandum, expressly prohibits unit supervisors and district administrators from altering discharge review reports prepared by others. (See 2010-406, p. 276 and p. 278)

California State Auditor's Assessment of 1-Year Status: Fully Implemented

Recommendation #3 To: Corrections and Rehabilitation, Department of

To ensure that parolees are discharged in accordance with its policies and with state laws, Corrections should make certain that the appropriate authority makes decisions to discharge or retain parolees.

1-Year Agency Response

Corrections new policy memorandum clearly delineates discharge and retain authority. In addition, Corrections reports that its Case Records Office redefined the manner in which discharged cases are entered into its database. According to Corrections, Case Records Office staff have also been trained on new recording procedures for entering the appropriate discharge reason and code into its database. (See 2010-406 p. 277)

California State Auditor's Assessment of 1-Year Status: Fully Implemented

Recommendation #4 To: Corrections and Rehabilitation, Department of

To document more accurately whether its staff completed discharge reports, Corrections should ensure that staff members properly code in its database the reasons for parolees' discharges. Further, to better identify the entities that make final discharge decisions for given cases, Corrections should establish a more precise method for maintaining information about which entity made the final discharge decisions, such as a new discharge reason code or a new data field that will track this information.

1-Year Agency Response

Corrections new policy memorandum clearly delineates discharge and retain authority. In addition, Corrections reports that its Case Records Office redefined the manner in which discharged cases are entered into its database. According to Corrections, Case Records Office staff have also been trained on new recording procedures for entering the appropriate discharge reason and code into its database. (See 2010-406 p. 277)

California State Auditor's Assessment of 1-Year Status: Fully Implemented

Recommendation #5 To: Corrections and Rehabilitation, Department of

Because we found some discharges that did not comply with Corrections' policies even after Corrections had implemented its protocol requiring that regional and district administrators review 10 percent of the discharge decisions made by subordinates, Corrections should consider providing to parole staff and analysts from the Case Records Office additional training on its discharge policies. If, after providing this training, regional and district administrators find that staff are still not following discharge policies, Corrections should consider requiring that the respective administrators perform these reviews before discharge decisions are finalized.

1-Year Agency Response

Corrections new policy memorandum clearly delineates discharge and retain authority. In addition, Corrections reports that its Case Records Office redefined the manner in which discharged cases are entered into its database. According to Corrections, Case Records Office staff have also been trained on new recording procedures for entering the appropriate discharge reason and code into its database. (See 2010-406 p. 277)

California State Auditor's Assessment of 1-Year Status: Fully Implemented

All Recommendations in 2008-104

Agency responses received after June 2013 are posted verbatim.