Source: ACSOL
The California Department of Corrections and Rehabilitation (CDCR) has issued new regulations that limit treatment requirements for registrants while on parole. The regulations were issued on October 14 and became effective on that date.
According to the regulations, registrants on parole will be evaluated annually to determine whether treatment beyond the first year of parole is required. If additional treatment is required, that decision must be written and a copy of that decision must be provided to the registrant within 30 days.
“The new regulations will benefit many registrants on parole who have been denied early discharge from parole in the past due to the fact that were undergoing treatment,” stated ACSOL Executive Director Janice Bellucci.
The regulations were issued after a lawsuit was filed earlier this year challenging an unwritten CDCR policy that required all registrants while on parole to undergo treatment the entire time they were on parole. CDCR’s policy was inconsistent with a state law that requires a minimum of one year of treatment as well as annual individual evaluations beyond that year in order to determine if additional treatment is required. Prior to these regulations, CDCR did not conduct annual individual evaluations.
“Because these regulations require CDCR to make a written record regarding treatment decisions and to provide copies of those decisions to registrants, registrants on parole will be able to challenge those decisions in court if CDCR’s decisions are not reasonable,” stated Bellucci. “For example, if a person has no parole violations, stable housing and employment, it is unlikely that CDCR can reasonably require additional treatment.”
According to the regulations, it is likely that registrants on parole will be required to undergo more than one year of treatment if they have a score of 11 or higher on the LS/CMI, a score of 4 or higher on the Stable-2007, a current failed polygraph exam and/or parole violations relevant to the registrant’s sex offense.
The regulations also identify three phases of treatment: curriculum, maintenance and aftercare. According to the regulations, the curriculum phase requires both individual and group therapy sessions as well as polygraph assessments. The maintenance phase requires individuals to attend group sessions only as well as polygraph assessments. The aftercare phase is voluntary and includes group meetings, but no polygraph assessments.
Also according to the regulations, decisions regarding whether additional treatment is required are to be made during containment meetings. Those meetings are to include a parole agent, a unit supervisor, a clinician and a registrant. Others who may join the meeting include family members of the registrant as well as any person that can provide a first-hand account of the positive progress the registrant is making. The regulations are silent regarding whether a registrant’s legal representative may participate in containment meetings.
“The newly issued regulations provide a path for registrants on parole to end treatment,” stated Bellucci. “We hope that CDCR will comply with these regulations in the future and if they do not, we will once again challenge their actions in court.”
Final Regulations - Oct 2024
The persons with a vested financial interest in treatment continuing are going to be making a decision if additional treatment is necessary?
I still see opportunities for abuse due to psychobabble to keep people in treatment and on parole..
First off, thank you Janice for fighting and pushing this thing through. We at least have a chance now.
The main problem I see after a readthrough of the discharge consideration criteria is the very narrow window for success they give us. The minimum score one can receive on the objective summary is a 6. However, to have a chance at a reduction requires one to get a score of 6-7. That is a very narrow window when being judged on 6 different categories. Not a lot of wiggle room. So even if you are perfect with no violations, attendance issues, or failed polygraphs, they can still easily fail you. Specifically, if they want to say that our “time is moderately structured and generally focused on pro-social activities”, that is worth 2 points and is on the scoresheet twice. So that is automatically a score of 8 even if everything else is perfect, which falls into the category of “No Change Warranted”.
Being limited in what we can do, where we can go, and who we can be around makes this a very subjective criterion.
I’m also assuming that the treatment providers are going to fill out this form? In my previous containment meeting, my PO requested a reduction in services, but the provider (which has no written curriculum or mechanism to complete treatment) said no. So, if some of the specific treatment providers continue to be the roadblock here, what would taking the CDCR to court do?
Does anyone know if there is a similar federal rule? If you’re on supervised release on federal seems like the “therapy” should eventually have an offramp.
I reenter society and was not put into transitional placement. Transient. Within 8 months, I was stable providing for myself. I’ve passed every polygraph, have not had any interactions with the law, passed every UA, have attended meetings and curriculum, unfortunately the clinician in charge has been given great authority to find every excuse to call Sacramento and have me violated. She just did this this past week, because she knew I was trying to get off of parole early, because I attended the class through the phone as like other people in group. She requires me to be face to face in group as the others would use the phone option. I felt uncomfortable. Because I didn’t return to face to face, she dismissed me and this another violation. I’m going on 2 years in treatment. How can this new regulation help me when the clinician is abusing her role in my future?
So will this make it easier to get discharge from parole? I completed program 2 years ago, been doing polys twice a year and no violations. so why am I still being held back? Been on parole since 2019. I just want my life back and be able to go see my daughter that is out of state
This is progress. And thank you Janice for all you do. My husband was put on the new aftercare program phase four months ago. He wasn’t told it was voluntary or that it meant he wouldn’t have to do polygraphs anymore. He is going to ask about this.
His parole agent put him up for his annual earned discharge consideration in august. They’ve done that the last two years. This year they said he’s doing everything right but the supervisor is denying him. The supervisor checked the deny box and in comments for why, he simply said “not been on parole long enough”. He’s been on for four years. So it doesn’t matter if you make it to the aftercare phase, are done with treatment, no violations, good housing and a job. They’ll still deny you cause you havnt done enough years and havnt been on parole long enough? So frustrating. How many years do we have to do to prove he should be off? Why even have an early discharge process if you’re not going to let people off early?
Among other things, these regulations identify a phase of treatment called “Aftercare.” The regulations state that “Aftercare” is voluntary. Why would anyone choose “Aftercare” when anything done in “Aftercare” can be reported to a parole officer? To add insult to injury, the regulations also state that those in “Aftercare” must pay costs associated with participating in that phase.
I’ve been doing therapy for 7 years. I’m moved from LA to antelope valley the new treatment is not considering my maintenance stage or anything but to start all over and I only have 10 months more of parole. I was almost gonna get discharge from treatment in LA and here they are making go twice a week. I thought my last ten months I’ll be able to work in peace. I wonder if these changes can help me.
Unfortunately, many of us have been in several treatment programs and are unable to achieve the maintenance phase do to disorganization in the treatment program. For example, clinicians who quit or get fired, Which put us in a situation to start the treatment program all over from the beginning. Also, CDCR has terminated contracts with treatment facilities, which force us into new treatment programs and starting all over. For three years, I have checked all the boxes for my parole conditions and polygraphs but can’t get referred for early discharge because I have not entered the maintenance phase of the treatment program, which will be unattainable with the high turnover rate of clinicians and doctors or CDCR canceling their contracts with treatment facilities. this is another area that CDCR does not address in the regulations, but it is certainly an ongoing problem throughout California.. Which has and will affect many that are in the treatment programs.
I hope the Federal government, at least in California, eventually follows suit with people on supervised release. I’m about to start over 3rd round (so a 4th round) of essentially identical therapy to what i graduated from in the past. The reason: because a medical condition makes it difficult for me, and many others with similar nervous system disorders, to pass the annual polygraphs. Fail: stay in or restart therapy until you pass .