ADOPTED TEXT - NCR 17-04 01/01/18 1

TEXT OF ADOPTED REGULATIONS In the following text, strikethrough indicates deleted text; underline indicates added or amended text. California Code of Regulations, Title 15, Divison 3, Adult Institutions, Programs, and Parole Subchapter 6, Article 7 3600. Searches of Parolees. Section 3600(a) is unchanged and is shown as reference (a) Any contraband or evidence of illegal activity shall be seized by the parole agent or the law enforcement officer conducting a search of a parolee's person, property, or residence. Property not belonging to the parolee shall be seized only when needed as evidence to support a parole violation charge. (b) Property seized as evidence by departmental staff shall be documented on a CDCR Form 1136 (Rev. 10/06 02/17), Evidence Report and Inventory Receipt Evidence/Property Report and Inventory Receipt, which is incorporated by reference. A copy of the form will be available to either the parolee or a responsible adult, or left at the place of seizure. Section 3600(c) and (d) are unchanged Section 3600(e) is amended to read: (e) If Division of Adult Parole Operations (DAPO) staff’s forced entry, or if forced entry by peace officers of another agency upon the explicit request of DAPO staff, into a structure results in damages to the structure, the parole office shall make available to the landlord, or owner, or owner’s representative, the Department of General Services’ claim form DGS ORIM 06 (Rev. 05/2017), Government Claim Filing Instructions and DGS ORIM 06 (Rev. 05/2016), Government Claim Form, which is incorporated by reference, for filing a claim against the State. needed to recover repair costs through the Victim Compensation and Government Claims Board. Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3067, 5054, Penal Code; Sections 13920 and 13921 13950 and 13951, Government Code; People v. Giles, 233 Cal.App.2nd 643, 43 Cal.Rptr. 758 (1965); and People v. LaJocies 119 Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).

Final Statement of Reasons NCR 17-04 01/01/18 1

FINAL STATEMENT OF REASONS: The Initial Statement of Reasons (ISOR) is incorporated by reference. UPDATES TO THE INITIAL STATEMENT OF REASONS: The Notice of Proposed Regulations was published in the California Regulatory Notice Register on June 30, 2017, which began the public comment period. The Notice of Change to Regulations 17-04 was mailed on June 30, 2017 and posted on the Department’s Internet and Intranet websites. The public hearing was held on August 18, 2017. No comments were received at the public hearing. During the 45-day comment period, one written comment was received. This comment is discussed below under the heading, “Summary and Response to Written Public Comment.” DETERMINATION: The Department has determined that no alternative considered would be more effective in carrying out the purpose for which the regulation is proposed, would be as effective and less burdensome to affected private persons than the adopted regulation, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. INCORPORATED BY REFERENCE Forms CDCR 1136 (Rev. 02/17), Evidence/Property Report and Inventory Receipt, DGS ORIM 06 (Rev. 05/2017), Government Claim Filing Instructions, and DGS ORIM 06 (Rev. 05/2016), Government Claim Form, were made available to the public throughout the rulemaking, and will continue to be made available upon request. To publish these documents into the California Code of Regulations would be cumbersome and impractical, and would increase costs to the Department. ASSESSMENTS, MANDATES, AND FISCAL IMPACT This action will neither create nor eliminate jobs in the State of California, nor result in the elimination of existing businesses, or create or expand businesses in the State of California because they are not directly affected by the internal management of inmates in State prisons. The Department has determined this action imposes no mandates on local agencies or school districts; no fiscal impact on State or local government; or Federal funding to the State, or private persons. It is also determined that this action neither affects small businesses nor has a significant adverse economic impact on businesses, including the ability of California businesses to compete with businesses in other states because they are not directly affected by the internal management of inmates in State prisons. This action also has no costs or reimbursements to any local agency or school district within the meaning of Government Code Section 17561. The Department has made an initial determination the proposed action will have no significant effect on housing

Final Statement of Reasons NCR 17-04 01/01/18 2

costs. Additionally, there has been no testimony or other evidence provided that would alter the Department’s initial determination. The Department, in proposing adoption of these regulations, has not relied upon any technical, theoretical, or empirical study, report, or similar document. Non-substantive formatting changes and typographical errors and/or omissions are corrected throughout the document to ensure clarity and consistency. PUBLIC HEARING COMMENTS: A public hearing was held on August 18, 2017, at 10:00 a.m. No one provided comments at the public hearing. SUMMARY AND RESPONSE TO WRITTEN PUBLIC COMMENT: COMMENTER #1 Commenter states the proposed text in Section 3600(e) is not clear as to whether it applies to structures not belonging to, or inhabited by, a parolee. Commenter states the meaning of the text implies the forced entry and search of a structure only pertains to a parolee’s residence. Commenter states the regulations do not specify if DAPO mistakenly enters and damages the wrong structure whether the owner of the mistaken structure is able to submit a claim form for compensation. Commenter offers an example of rewording of Section 3600(e) to more clearly describe the intent of the language.

Response 1: The commenter has misinterpreted Section 3600(e), as the text does not make a distinction between a parolee and any other person as the property owner. The language of the regulation for the option to obtain the claim form applies to any person whose property is damaged as a result of forced entry made by DAPO or at the request of DAPO.

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