Audit of the California Department of Corrections and Rehabilitation’s Release Date Calculations Fact Sheet

Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General Summary Fact Sheet Independent August 15, 2024 Prison Oversight Audit of the Department of Corrections and Rehabilitation’s Release Date Calculations (Audit Report № 23–01, August 2024) Background happened in the court proceeding, and any other judicial In the figure below, we list key milestones in the orders. Next, analysts are required to review, interpret, department’s release date calculation process. After and analyze the court documents and verify that the listed sentencing, incarcerated people and the legal documents crime and sentence, including applicable enhancements, needed to calculate release dates are usually transferred are correct. If analysts identify discrepancies in court by bus from a county jail to one of the department’s three documents, such as the imposition of an incorrect term or reception centers. Reception centers are designated a sentence enhancement, they refer the case to the Legal prisons responsible for receiving newly incarcerated Processing Unit at departmental headquarters which people, classifying both their security level and eligibility works with the courts to resolve the discrepancies. for educational and work programs, and recommending a mainline prison for their first housing assignment. Following the completion of the reception process, incarcerated people are transferred to a mainline prison Departmental policy requires analysts to complete for a more permanent housing placement. There, the intake audits and calculate the initial release dates of all department requires analysts to complete a second intake incarcerated people within five days of their arrival at a audit within 45 days of arrival. In addition to routine reception center. To complete this process, technicians recalculations triggered by credits earned or forfeited, begin by collecting, date stamping, and scanning all legal mainline prison analysts must also recalculate release documents transferred from the counties with the newly dates if an incarcerated person is resentenced by the court incarcerated people. These documents generally include or convicted of an additional crime while in prison. Lastly, the abstract of judgment, which is the official record of the department requires analysts to perform several audits an incarcerated person’s conviction and sentence, the as the incarcerated person’s earliest possible release date minute order, which is the official record that details what approaches along with numerous other duties. Figure 1. Key Milestones in the Department’s Release Date Calculation Process IP is IP is sentenced. released. IP receives IP’s additional sentence sentence is term. reduced. C D C R C D C R IP is transferred Case records IP is transferred Case records Case records Case records Case records to CDCR staff collect, to mainline staff review, staff recalculate staff audit staff complete reception review, and prison. verify, and release IP’s entire file warden’s center. verify legal analyze legal date upon approximately checkout order documents to documents resentencing or 120 and before IP’s calculate initial and calculate additional term, 10 days before release date. release date release date and as credits IP’s release within five days. within 45 days. are earned or date. forfeited. Note: IP refers to incarcerated person. Source: The OIG’s analysis of departmental policies. Page 1 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General Summary Fact Sheet Independent August 15, 2024 Prison Oversight The Department Can Improve Its Processes and calculations more difficult. The implementation of revised sentencing laws increases analysts’ workloads Procedures to Reduce Calculation Errors and by triggering complicated release date recalculations Early or Late Releases for much of the incarcerated population. In addition, The department collects erroneous release data by since May 2021 analysts have had to perform manual requiring prisons to report incidents of early or late calculations because the numerous revisions in laws releases. Specifically, since 2004, the department and policy caused the department to discontinue has released approximately 2,300 incarcerated using calculation software that could not be modified people from custody either early or late, resulting in to accommodate the revisions. These realities, in litigation against the department. To determine if light of staff shortages, increase the risk that errors there were similarities among self-reported release in release date calculations will result in incarcerated date calculation errors, and to better understand how people being released either before or after completing errors were made, we completed an in-depth review of their sentences. five cases in which incarcerated people were released early, and five cases in which they were released late. Furthermore, according to analysts, legal documents Although we found that many of the errors related to were sometimes missing from files preventing the application of credits, the individual circumstances analysts in reception centers, and occasionally in of each case leading to errors were generally unique, mainline prisons, from completing timely release and the department did not always use the collected date calculations in compliance with departmental data to prevent mistakes from being repeated. policy. In addition to missing documents, many Furthermore, the department does not conduct legal documents sent to reception centers contain independent, random audits of release date calculations discrepancies that analysts must resolve before to identify unreported errors or other weaknesses at completing release date calculations. Common individual prisons. discrepancies include inconsistencies between the court’s abstract of judgment and the minute order We also reviewed 20 cases of incarcerated people regarding sentencing terms, court orders for testing not released between July 1, 2022, and June 30, 2023, to being documented in either the abstract of judgment determine if they contained unreported calculation or minute order, recorded sentences that do not match errors. We found that while none of the final release the penal code charged, and errors made because of date calculations were inaccurate, four cases contained the improper application of sentence enhancements. calculation errors that could have led to early or late Resolving these discrepancies can prevent analysts from releases. In addition, the department mistakenly timely and accurately calculating release dates. released one incarcerated person from custody without requiring he serve a court-ordered two-year Vacancy rates for analyst and case records technician parole period. positions also negatively affected departmental operations. Excluding managers, we found that the Finally, analysts are required to review all the department’s statewide vacancy rates for case records legal documents and other relevant information in staff ranged from 12 percent to 40 percent in September an incarcerated person’s file for accuracy before 2023, and from 15 percent to 37 percent in May 2024. completing an initial release date calculation or Some prisons had more than a 50 percent vacancy rate recalculation. However, we found that analysts for individual classifications. The high vacancy rates in duplicated the mistakes made by prior analysts in both most case records departments increase workloads and sets of cases we reviewed with self-reported errors and likely contribute to inaccurate release date calculations. those we reviewed with unreported errors. The negative impact of the shortage of analyst and Several Factors Contribute to Release Date technicians is magnified by the fact that the department also has a high case records supervisory vacancy rate. Calculation Delays and Errors When analyst and technicians do not have supervisors Sentencing laws and subsequent case law are extremely to assist with complicated tasks in calculations, the risk complex and change frequently, making release date that errors will be made but not reviewed or corrected Page 2 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General Summary Fact Sheet Independent August 15, 2024 Prison Oversight increases. In addition, supervisors generally are not analysts and supervisors from relying on a uniform required by departmental policy to ensure that analyst source—the Department Operations Manual —to perform release date calculations accurately. However, outline case records policies and procedures. The need without mandated reviews of calculations, supervisors to review numerous memoranda to determine which are unable to catch critical release date calculation are relevant to an individual case also likely leads to errors that may not be caught before, or even after, inconsistent application and errors. Furthermore, incarcerated people are released from custody. prisons generally rely on internally developed training methods and materials to instruct analysts, In addition, analysts are required to perform a which contributes to the lack of uniform release date multitude of tasks unrelated to release date calculations calculation policies and procedures. and consolidating analyst positions may increase efficiency and decrease vacancy rates. For example, The department’s training materials, like its release analysts are required to review an incarcerated date calculation processes and procedures, are neither person’s file in preparation for their release. In updated nor consolidated. Much like the memoranda that role, analysts meticulously review records of issued to instruct case records staff on how to perform arrests and prosecutions sheets to determine if other release date calculations, the department’s training jurisdictions issued warrants or detainers that would materials have been released sporadically, are outdated, prevent the incarcerated person from being released. and are not organized into updated training modules. In addition, analysts determine whether elderly and Because much of the department’s standardized youthful offenders may be eligible for parole, and training was outdated, we found that managers and respond to inquiries from courts, district attorneys, supervisors create in-house training materials for staff. law enforcement agencies, correctional counselors, and These training materials were generally intended to incarcerated individuals. train analysts to perform release date calculations and implement the policies and procedures outlined in the memoranda we discussed above. However, because the Departmental Policies, Procedures, and Training department had not developed or approved the training Are Outdated materials, there was no assurance that the training The policies and procedures in the department’s accurately reflected departmental policy. While there is operational manual regarding release date calculations value in utilizing the skills of managers and supervisors have not been updated since 1993, and training to provide supplemental, on-the-job training to case regarding how to perform release date calculations records staff, we believe updated and accurate primary is not standardized or centralized. Instead, the training should be developed by the department. The department relies on more than 140 memoranda following page provides a list of the recommendations to instruct analysts how to perform release date we offered in our report. calculations. This can be confusing and prevents both Page 3 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov Amarik K. Singh OIG OFFICE of the Inspector General INSPECTOR GENERAL Neil Robertson Chief Deputy Inspector General Summary Fact Sheet Independent August 15, 2024 Prison Oversight Recommendations The Department Can Improve Its Processes department should require to staff shortages or which meet and Procedures to Reduce Calculation Errors supervisors and managers to other criteria developed by the and Early or Late Releases review the release date calculations department. completed after incarcerated • The department should develop and people are transferred to their first ○ Analysts at departmental implement procedures to document mainline prison. headquarters should audit release that a supervisor reviewed and date calculations performed confirmed recalculations performed at prisons on a schedule to be • To help ensure release date to correct errors. developed and follow up with recalculations are performed training focusing on the areas correctly, the department should for improvement or weaknesses • The department should require require supervisors and managers to identified during the audit. case records supervisors and review the recalculations completed managers to conduct random audits after an incarcerated person is ○ To offer pay differentials or other to ensure staff are complying with resentenced by a county court. incentives to attract and retain departmental policy to perform case records staff in prisons with independent work. • To help ensure release date high vacancies. The job duties of calculations are performed technicians and analysts should • The department should determine correctly, the department should be revised to remove some or all what number or percentage of develop and require supervisors tasks from analysts unrelated release date calculation errors made to review the recalculations to performing release date at individual prisons will result completed after triggering events at calculations. in additional training for all case predetermined intervals. records analysts at the prisons. Departmental Policies, Procedures, and Training Are Outdated • The department should evaluate • The department should the classification specifications and • The department should update continuously monitor the early/ job duties of staff in case records and bring current the sections in late release report and require departments to determine how they its operation manual on the case semiannual training for all can be revised to attract and retain records policies and procedures. case records analysts at prisons a greater number of highly qualified demonstrating high error rates. staff. At a minimum, the department should evaluate whether: • The department should update release date calculation trainings to Several Factors Contribute to Release Date provide comprehensive instruction Calculation Delays and Errors ○ Case records department on performing release date functions should be consolidated calculations and other case records • The department should analyze into regional locations with job duties. current sentencing laws, identify liaisons at each prison or specific areas where sentencing consolidated into one central laws should be clarified and work location to aid recruitment and • The department should regularly with stakeholders to clarify those improve calculation consistency. update release date calculation areas to reduce calculation errors. training with changes in the law, ○ Any or all case records functions policy or procedures that occur need to be conducted on-site during the year. • The department should work at each prison or if specific with county courts to obtain job duties could be performed access to electronically available ○ The department should mandate remotely from headquarters or legal documents that courts are staff attend regular training on from more fully staffed prisons. statutorily required to provide the updates. including abstracts of judgment, ○ Case records staff at minute orders, charging documents, • The department should require departmental headquarters plea forms, and transcripts. case records staff to complete should include analysts whose job the comprehensive training duties include performing release before performing release date • To help ensure initial calculations date calculations at prisons calculations. are performed correctly, the where assistance is needed due Page 4 of 4 10111 Old Placerville Road, Suite 110, Sacramento, California 95827 5 Telephone: (916) 288-4233 5 www.oig.ca.gov