Ronald Adams v. J. Gastelo

Filing 3

ORDER SUMMARILY DISMISSING PETITION FOR LACK OF SUBJECT MATTER JURISDICTION REFERRING THE PETITION TO THE U.S. COURT OF APPEALS PURSUANT TO NINTH CIRCUIT RULE 22-3(A); DENYING A CERTIFICATE OF APPEALABILITY by Judge Manuel L. Real: This action is dismissed without prejudice for lack of subject-matter jurisdiction pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. LET JUDGMENT BE ENTERED ACCORDINGLY. A certificate of appealability is denied. (see attached) (copy of petition and appeal form attached) (Attachments: # 1 copy of petition, # 2 Appeal Form 12) (jm)

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 1 of 179 Page ID #:1

~ot~c~~.1 L ~dc~n,,,s.
NAME

AILED
U.S. DISTRICT COURT

p~~~s7
PRISON IDENfIFICATIONBOOKING NO.

APR 28 201T

~i4 L• Me,i,~"s <'ni13,tN ~~s~ lat~!&~x f~l.U!`
ADDRESS OR PLACE OF CONFRJEMF.N7'

CALIFORNIA
DEPUTY

~i~d'~s~~. c~,,n1.34~3~t-klof
Notc:

II is your raponsibiliry to notify the Clerk ofCourt in vrriting ofany
change ofsddras. Ifrepresented by an attorney, provide his one,
-mail address.
address, telephone and facsimile numbers,and o

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:

~~I 17 -~32 ~ ~.C~~M.
To be supplied by the Clerk of the United States Disvict Court

FULL NAME(Include name user which you were com~icre~

Petitioner,
v.

AMENDED
PETITION FOR WRIT OF HABEAS CORPUS
BY A PERSON IN STATE CUSTODY
28 U.S.C. § 2254

~1A~Rd~- ~. G~►S~~~o. C'c~G~-~~8~
AUTHOR17Fn
NAME OF WARDEN, SUPERINTENDENT, JAILOR OR
PERSON HAVING CUSTODY OF PEi7'fIONER

Respondent.

PLACE/COUNTY OF CONVICTION C:('fLy.Z.Y~ ~d f~ I.06'/~.i~~LAS
PREVIOUSLY FILED, RELATED CASES IN THIS DISTRICT COURT
(List by case number)

cv

cv

~//fy~3~~~ ~' ~~?

I
NSTRU4TIONS -PLEASE READ CAREFULLY
1. To use this form, you must be a person who either is currently serving a sentence under a judgment against you in a California
state court, or will be serving a sentence in the future under a judgment against you in a California state court. You are asking for relief
from the conviction and/or the sentence. This form is your petition for rolief.
2. In this petition, you may challenge the judgment entered by only one California state court. If you want to challenge the judgment
entered by a different California state court, you must file a separate petition.
3. Make sure the form is typed or neatly handwritten. You must tell the truth and sign the forth. If you make a false statement of
a material fact, you may be pros~uted for perjury.
4. Answer all the questions. You do not new to cite case law, but you do need to state the federal legal theory and operative facts
in support of each ground. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to
submit additional or correct information. If you want to submit a legal brief or arguments, you may attach a separate memorandum.
5. You must ir►clude in this petition ~ the grounds for relief from the conviction and/or sentence that you challenge. And you must
state the facts that support each ground. Ifyou fail to set forth all the grounds in this petition, you may be barred from presenting additional
grounds at a later date.
S. You must pay a fee of SS.00. If the fee is paid, your petition will be filed. if you cannot afford the fee, you may ask to proceed
rnforma pauperis (as a poor person). To do that, you must fill out and sign the declaration o~'the last two pages of the form. Also, you
must have an authorized officer at the penal institution complete the certificate as to the amount of money d eeurities on de osit your
_io
credit in any account at the institution. if your prison account exceeds 525.00, you must pay the filing f
LODGED
C(.L'~-1K U.8. DIST~ICTC01
6. When you have completed the form, send the original and two copies to the following address:
Clerk of the United States District Court for the Central District of California
United States Courthouse
~R 2 7 207
ATTN: Intake/Docket Section
312 North Spring Street
~TRtC OF CALIF
i
Los Angeles, California 90012
DE

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 $ 2254)
CV-69 (04/05)

Page 1 of 10

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 2 of 179 Page ID #:2

PLEASE COMPLETE THE FOLLOWING:(Check appropriate number)
This petition concerns:
a conviction and/or sentence.
1.
2 O prison discipline.
.
3 O a parole problem.
.
4 C~other.
.
PETITION
1. Venue
yb~
a. Place ofdetention ~~./~~E',~i/"~~ M~~tJS ~p~jv'y ~=
b Place ofconviction and sentence ~[~'e,Qt~at2 Cc~u~~- ~i~ y ca- ~c.•~~-~s.~f'
.

2
.

C011VtC[IOD OIl W~110E1 ~]C ~1Ctlt10I1 IS b8S8d (a stparale pelifion must befiledjor euch convicfrun being ulfackedJ.

a. Natwe of offensts involved ~~r~ ou ~aM:~: C~iPAL ~~~l~ri0~ffra.! ~ ~~. r~~jrJ d~ ~~- :a$~ f9 LL',~
svc/~S
~

b. Penal or other code section or sections: ~u.~~l['c~dc 5~.~_~'ae,.l :Zt'~''v K-1 ~~~1

c Case number:~(o~.~ foC~
.
d Date ofconviction: ~t Ilr~- ~'~ ~~(
.
e Date ofsentence: / ~- ~ ~3 - c~ ~drd
.
f Length ofsentence on each count: 1 ~ . ~4~~A'Y ~ •t'-1 ~f ?fr.~l ~ ~hcl`S Sfi~17^ Cs c t ~S}~''t ~l' S ix~~
.
„ mo - ~~ •• }~ti~~~s ~~c~.•
~,l t
g Plea ~~~
.

J:

1fdNot guilty
D Guilty
~ Nolo contendere
h. Kind of trial (~~,t o~J:
u Jury
Judge only

3 Did you appeal to the California Court of Appeal from the judgment ofconviction?
.
~f SO, give the following information for your appeal

a. Case number: C.Jif/

Yes u No

~ond~rru~na~~py~frtir cau.r~fAP~Qide~;~;on;fa,~oltaht~~:

r;~.1~1

b. Grounds raised err:re~h~:
T

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY(28 U.S.0 $ 2254)
CV-69 (04/05)

Page 2 of 10

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 3 of 179 Page ID #:3

(2)
(
3)
(
4)
(
5)
(
6j
c. Date of decision:
u. Result

4 If you did ~ppea3, did you aisc~ file a Fetztion for Revie;~~ ~~~ih the CAE #E -~~= Supreme ~nurt of the Court of Appeal
.
decision`?

❑Yes

u No

ifso give the following information fond arra~h ~ap;e~~ ofrhe ~er~rr~~n ra.R~ v;~,

and the Supreme Courf ruling ifuvnilableJ:

a Case number:
.
b. Grounds raised ~rsr ea~ti~:
(
1)
EZ)
(
3)
f4
)
~~)
(
6)
c. Date of decision:
d. Result

5. If you did not appeal:
a. State your reasons

b. Did you seek permission to file a late appeal?

❑Yes 0'No

6 Hav you previously filed any habeas petitions in any state co~~rt with respect to this judgment of conviction'?
.
Yes

G No

Ifso, give the following information for each such petition ~~,3e ydd;r;~,n~~E,aK~s rfnece.csnry, arrd otlach copies ojthe petitions and ihr
rulings stn the petitions ifavailnb(eJ:

PETITION FOR WRIT OF HABEAS CORPUS RY A PARSON IN STATE CUSTODY (2R US.0 § 2254)
CV-69 lU4/OS)

Pale 3 of 10

s

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 4 of 179 Page ID #:4
a. (1)Name ofcourt: SU ~('~{ ~~ ~'7U~" 0~ C~:~.• ~..Dl3i+~1~',~ c~~ ~.5 {'~h.Y,~~~
( Case number:,~lnaZ d~ ~ ~`c
2)
( DBtC t11Cd (or if mailed the dn~e the pe~itfon wos tw~red over ~o the prison aathoriuesjoy mailtn~: ~~~'~,~ r~~ ~,~~Q~~
3)

( Grounds raised p;~r eo~~J:
4)

( .J.1~15(}~fc[i~c~~ ~t/r~~►•~`~ ~ P~c:J~~~Ac $c~~ki~ ,r~f~~~gCC1
a)
~,ea
(b) i
t~~ ~►~ ~ ~~ w ~a p~ ~~ec.~~f~. ,ASS i~ s {
(d)
(e)
~~

=
(5)Dateofdecision:l e fa~~sgr^~. 2.~ 2oe3 i9f~~c~., ~ ion. ~ls Lxl~il~i~ r~~•
(6) Resuh `Thy

C~~+~{ ~

~ a c nos 1~~,~►~ ~ c.~ f~ ~+~c ~e r~ e}s c.~

rf ~i!~

~~ ~~+ia ~e(t t s Cor r~~~ ~~,~ sk~c ec.+r►•aA~.e ~ ~ ~ i~ ~L ee~ a •~ 6.c c.~ ~e.Y~a ~c~ e
(7) Was an evidentiary hearing held?

b. (1)Nameofcourt:~SclP~.~2i~f~

C~'Yes u No

r5c~~'~ e3~ Gt`~L- ~dc~~'Y t~ LUaS ~r~4~.?~te-s'

( Case number: ~(o~4Q~~
2)
i
( D8tC t1~Cd (or ijmailed, the dale the peti►ron was yarned over to the prison authorities for mailing: ~ I~I~I Z !s elQl..3
3~

(4) Grounds raised per eah~:
(a)

R_C..1t`D~ ~t-u(l.7 Co~J~tc,~~'E.a➢ /3.~si~ r.v Ie'

( .~~~~c~~-~u~
b)
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( Date of decision: ~ ~- - ~~ l= rr,~.,
5)
(6)Result

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~, ~t — ;lS= ~3

~t~ Coc~~A /'r✓Y~rvec~u; d~,..r~,~ ~/.t f:~.~~vti~

( Was an evidentiary hearing held?
7)

❑Yes u

c. (1)Name of court:. ~v~~f c;~ 19 PP~zs ~ P~ ~i~r~~ ,~ ~~v~~c,.J
( Case number: (t~' .~~~ ~i ~( S~
2)
( Date filed ~w;fmailed t/re dale the pelilion
3)

vas tanned over to!hr prison au~lwriliesjor mailing:

( Grounds raised p~s~ eah~:
4)

(
a) Thy- i'~! ~a~S tl~~c~- cF ~u~~~s•~~ ~.:.~~ ~ut~ ~ ~ C ti~sr~c~ ~l
b}
(

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~'~`~'/'fiC~ ~~iC~ ~~I ~~l'iJ~•/~ ~~~ ~f/'~Ui'i ~/ CG/.~lOi'f~(.
~

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY(28 U.S.0 § 2254)
CV-69 (04/05)

Page 4 of 10

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 5 of 179 Page ID #:5

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 6 of 179 Page ID #:6

(~)
(
d)
fie)
~fl
( Date of decision: ~✓~Y~r~c.~
5)
( Result ~~-i1J L ~.
6)

( Was an evidentiary hearing held?
7)

❑Yes

o

For this petition, state every ground on which you claim that you are being held in violation of the Constitution,
laws, or treaties ofthe United States. Attach additional pages if you have more than five grounds. Summarize
briefly the facts suppoRing each ground. For example,if you are claiming ineffective assistance of counsel, you
must state facts specifically setting forth what your attorney did or failed to do.
CAUTION:

Exhausriorr Requirement: In order to proceed in federal court, you must ordinarily first exhaust
your state court remedies with respect to each ground on which you are requesting relief from the
ederal court. This means that, prior to seeking relief from the federal court, you first must
f
present ail of your grounds to the California Supreme Court.

a. Ground one: Daft f~r~t~~sS iiiCLeic~ u~e~ tl~c U~wt~ $eta Cow~i~~~u~i~w3~ _,~~ c,.,,~A Cv~u~~Gf~ ~ f~.~ 4,~t~.~.1~

rs~

~r ~_ Cc~~c_,S~c-~~~c._~8~ ri~~t o~wt~.~R ~~,r c~Nu'ow:,:tt

S
( Supporting FACTS: ~i~ c` ~ C I.c'~~ ~zln ~`1f51 $I,~~ ~ec~('L~ t-e.~ ~L.r ~~~=
1)
i =-iyi~ ~iL~ iv ~~ Jew ~c v~An.~s#~ cx.1 G ~~ ~t~.Dk3~' CU~~t~ia~ 't
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"I~L~t ~'~lc Cl,~ar~~ r~- ~e.,ac...~ Ga1~ Sew ~Co~.1~~~j ~!'./-IL ~U1°~lfi~f~ra.l'~aJ
(2}Did you raise this claim on direct appeal to the California Court of Appeal?

❑Yes

O No

{ Did you raise this claim in a Petition for Review to the California Supreme Court?
3)

D Yes

D No

( Did you raise this claim in a habeas petition to the California Supreme Court?
4)

❑Yes

O No

b
.

( Supporting FACTS:.~,~~~~ ~liGr'If ~~
1)

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.

'Clpe~2fG~ ~O(~~ ~itl.f~~.~ /~,rts~~~,~°►,1 rA ~1~5 CC?~/°r~~5
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(2)Did you raise this claim on direct appeal to the California Court of Appeal?

❑Yes

d No

( Did you raise this claim in a Petition for Review to the California Supreme Court?
3)

❑Yes

u No

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY(28 U.S.0 § 2254)
CV-69 (04/05)

Page 5 of 10

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 7 of 179 Page ID #:7

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 8 of 179 Page ID #:8

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 11 of 179 Page ID #:11

(4)Did you raise this claim in a

bees petition to the C lifomia Supreme Court?

~
Ye
No

c Ground three:
.

( Supporting FACTS:
1)

( Did you raise this claim on direct appeal io the California Court of Appeal?
2)

O Yes

u No

( Did you raise this claim in a Petition for Review to the California Supreme Court?
3)

❑Yes

O No

( Did you raise this claim in a habeas petition to the California Supreme Court? ;.
4)

D Yes

D No

( Did you raise this claim on direct appeal to the California Court of Appeal?
2)

uY

C°1No

( Did you raise this claim in a Petition for Review to the California Supreme Court?
3)

QY

u No

d Ground four:
.

( SuppoRing FACTS:
1)

( Did you raise this claim in a habeas petiaon to the California Supreme Court?
4)

es

u No

e. Ground five:

( Supporting FACTS:
1)

( Did you raise this claim on direct appeal to the California Court of Appeal?
2)

❑Yes

( Did you raise this claim in a Petition for Review to the California Supreme CouR?
3)

O Yes

( Did you raise this claim in a habeas petition to the California Supreme Court?
4)

O Yes

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY (28 U.S.0 § 2254)
CV-69 (04/05)

Page 6 of 10

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 12 of 179 Page ID #:12

8, If any ofthe grounds listed in paragraph 7 were not previously presented to the

Supreme Court,state

briefly which grounds were not presented, and give your reasons: _~

court with respect to this judgment of conviction?

9 Have you previously filed any habeas petitions in any
.
O Yes

u No

Ifso, give the following information for each such e1

( aJditional pages ijnecessory, and attach copies ofthe petitions and
use

the rulings on the petitions ijovaflableJ:

a (1)Name ofcourt:
.
( Case number:
2)
( Date filed ~w Imailed the date
3)

was turned over fo the prison

( Grounds raised (Jisr eachj:
4)
Ca)
~~)
(
c)
(
d)
(
e)

(
fl
( Date of decision:
5)
( Result
6)

( Was an evidentiary ly6aring held?
7)

❑Yes u No

b (1)Name ofcourt:
.
( Case number:
2)
( D3[6 f11Cd (oi ijnwiled the dnlc 1/rt petition wus tarrred over to the
3~

'uu~hvriliesjor mailinp~:

( Grounds raised ~t~~r e~~~:
4)
(
a)

ro~
c~~
(
d)
(
e)
(
~
( Date ofdecision:
5)
( Result
6)

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY(28 U.S.0 § 2254)
CV-69 (04/05)

Page 7 of 10

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 13 of 179 Page ID #:13

(7)Was an evidentiary hearing held?

❑Yes u No

'
10. Do you have any petitions now pending (i.e., filed but not yet decided) any state or federal court with respect
to thisjudgment ofconviction?

O Yes

D No

If SO, give the following information.~~o~ra~,Q ropy ofr~~r~r~on ~ ~vp,t~n~e~:

1)
( Name of court:
2)
( Case number:
3)
( Date filed ~o.iJmailed, the dare the petition was rurne~over ~o thr prison uulhoriliesJor mailing:
4)
( Grounds raised (rsr ea~n~:
a)
(
~~)
c)
(
d)
(
e)
(
~~

1 1. Are you presently represented by counsel?

❑Yes

C31Vo

Ifso, provide name, address and telephone number:

WHEREFORE,petitioner prays that the Court grant petitioner relief to which he may be entitled in this proceeding,

Signature ofAttc~ney(Jany)

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.

Executed on•~''t" S— ~-~
Date

Signature of etitioner

PETITION FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY(28 U.S.0 ~ 2254)
CV-69 (04/05)

Page 8 of 10

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 14 of 179 Page ID #:14

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 16 of 179 Page ID #:16

EARL \i'ARREN BOILDING
3i0 DIcALLISTER S'I'RE ET
APKIL BOF,LK

S AN FRANCiSC0. CA 94102

AIiTOn1ATIC .4VPEALS SUNERI'ISOR

(ais) sus-~noo

~Su~xPxrtE C~~ixz# of C~S~ltfoz~t~
JORGE E. NA~'ARRETE
C Ol?R'I' ADTIINISTRA'COR AND
C LERK OF THE SUPREAfIi COI~R'I'

February 6, 2017

Ronald Adams, P-65157
California Men's Colony State Prison
P.~. Box 8101
San Luis Obispo, California 93409-8101
Re:

B252445/A620066 — In Ronald Lee Adams on Habeas Corpus

Dear Mr. Adams:
Returned unfled is your petition for review received February 6, 2017. A check of the
Ce~~t of Appeal docket shows that a denial order was filed on November 20, 2013. This court lost
jurisdiction to act on any petition for review on January 19, 2014. (See Cal. Rules of Court, rule
t~.SOG~('e).) Without thisjuris~tictiony this court is unable to consider your requestfor legal relief.
In the event there is a desire to file a petition for writ of habeas corpus, a copy ofthe form is
enclosed. Please complete the form as fully as possible and sign it on page six (we must have an
original signature). You may attach any documents to the completed form.

Very truly yours,
JORGE E. NAVARRETE
Court Administrator and
Clerk of the Supreme Court

By: C.Won ,

Enclosure:
cc:

Rec.

puty Clerk

Case 2:17-cv-03218-R-FFM Document 1 Filed
ID #:17
California Courts -Appellate Court Case Information 04/28/17 Page 17 of 179 Page Page 1 of 2

~}3j}~I1a~E ~.OUTtS ~.a5~ ~I1~01'TI1~~i011

CALIF~~RNIA COURTS
Tris~unic~.aEear~r~cHOFcr~L~FORNiA

2nd Appellate District

Change court J

Court data last updated: 03/01/2077 12:42 PM
Docket (Register of Actions)

In re RONALD LEE ADAMS on Habeas Carpus
Division 7
Case Number 6252445
Description

Date

Notes

1 1/14/2013

Petition for a
writ of
habeas
corpus filed.

1 1/2Q/2013

Order
The petition for writ of habeas corpus
filed herein November 14, 2013 has been
denying
petition filed. read and considered. The petition is
denied.

~~y
~
'~
09/11/2014

~

se
mplete.
Petitioner Adam's requesting copy of
Returned
document for petition filed in case 8232338 People v.
Vargas. Notice sent to petitioner re
nonconformance. court's copy policy.

Click here to request automatic e-mail notifications about this case.

Careers ~ Contact Us (Accessibility ~ Public Access to Records ~ Terms of Use 0 Privacy O 2017
Judicial Council of California

http://appellatecases:courtinfo.ca.gov/search case/dockets.cfm?dist=2&doc_id=2061429&d... 3/1/2017

California Courts -Appellate Court Case Information 04/28/17 Page 18 of 179 Page Page 2 of 2
Case 2:17-cv-03218-R-FFM Document 1 Filed
ID #:18

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=2061429&d... 3/1/2017

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 19 of 179 Page ID #:19

~~~~~-=x~
RNIA
SiJI'ERIOR COURT OF THE STATE OF CALIFO
~~ ~;,rs ~=~ u~~o;'`an ~ries
FOK THE COUNTY OF I.,OS ANUELES

i
2

~~-r

3

RONALD LEE ADAMS

)

4

Petitioner,

)

5
6

Wit" *

s
`'Y:? '' ,s

x

~

Case No.: A6200~ ~~~, ~

*~~a
'U_

~ `(`~~`i

~ ,.~ ,, '~~.

v.

1 ~:i,iLb ~'~s.r1~cE'YC

ORDER RE: PETITION FOR
W RIT OF HABEUS CORPUS

STATE OF CALII'ORNIA
Respondent

8
9

IN CHAMBERS
10

11
12
13
14

is ~

Petition for Writ of ~-Iabeas Corpus by Ronald

Lee Adams,Pro se ("Petitioner"). No

appearance by a Respondent. DENIF,D.
"The Court has read and considered the Petition
Petitioner on or about November 29, 2016, and
1.

16

for Writ of Habeas Corpus filed by

finds that the following apply:

Petitioner has failed to show a prima facie case

for relic£ People v. Duvall

(
1995)9 Cal. 4th 464, 474-75.

1 ~~
.
2

ficant delay in seeking habeas

Petitioner has failed to explain and justify the signi

in (1949) 34 Cal. 2nd 300,

18

re .Swa
relief I~z re Clark(1993; 5 Ca! 4t" 75.0. 765; In

19

302.
20
3.

The petition presents claims raised and rejected

21

in a prior habeas petition and

Petitioner has not alleged :facts establishing an

exception to the rule barring

reconsideration of claims previously rejected.

Such successive claims constitute

22
23
24

h
(2012)55 Cal. 4' 428, 455; In
an abuse of the writ of habeas corpus. In re Reno

25
26
_7
7
28

ORDER

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 20 of 179 Page ID #:20

i

re Martinez(2009)46 Cal. 4th 945,956; In re Clark(1993)5 Cal. 4th 750, 767-

2

68; In re Miller (1941) 17 Cal. 2°d 734, 735.

3
4

For all of the foregoing indicated reasons, the petition is DENIED.
The clerk is to give notice and send a copy of the order to the District Attorney (Habeas

5

Corpus Litigation Team), 320 West Temple Street, Room 540, Los Angeles, CA 90012, and
6
petitioner as follows:

8
9

io

Ronald Lee f~dams
CDC #P65157
California Mens Colony East
P.O. Box 8101
San Luis Obispo, CA 93409

ii 'I
12
13

December 6, 2016
JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
ORDER
.8
2

SUPERIOR'COURT

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 21 of 179 Page ID #:21
0~~~ ~

Name:,~(~W
Address: .~'

~C ~f~~~

~~7LI•

MC-275

6 ~~~ t~~
S

~.~L ~Cd~1~S
~~ffe~

rl

rz 1~

~
~v
Cy~`"v

~S~nJ.tu>~ U~lsp~ ~~- `~3~vrk~~t
5(~']
CDC or ID Number: ~~;
-~ ~

~!~

~

f

~a_.

P TITION FOR WRIT OF HABEAS CORPUS
e ~1~lG~e/~~i~ /~~'~t"cG~J

~

Petitioner
vs.

No.
( be supplied by the Clerk of the Court)
To

.
~"~~:lt a~ C.✓FLt~v~.~ ~
Respondent

INSTRUCTIONS—READ CAREFULLY
If you are challenging an order of commitment or a criminal conviction and are filing this petition in the
Superior Court, you should file it in the county that made the order.
If you are challenging the conditions of your confinement and are filing this petition in the Superior Court,
you should file it in the county in which you are confined.
Read the entire form before answering any questions.
• This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and
correct. Because the petition includes a verification, the making of a statement that you know is false may result in a conviction
for perjury.
Answer all applicable questions in the proper spaces. If you need additional space, add an extra page and indicate that your
answer is "continued on additional page."
• If you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies.
Many courts require more copies.
• If you are filing this petition in the Court of Appeal and you are an attorney, file the original and 4 copies of the petition and, if
separately bound, 1 set of any supporting documents(unless the court orders otherwise by local rule or in a specific case). If you
are filing this petition in the Court of Appeal and you are not represented by an attorney, file the original and one set of any
supporting documents.
• If you are filing this petition in the California Supreme Court, file the original and 10 copies of the petition and, if separately bound,
an original and 2 copies of any supporting documents.
Notify the Clerk of the Court in writing if you change your address after filing your petition.

~~

Approved by the Judicial Council of California for use under rule 8.380 of the California Rules of Court(as amended
effective January 1, 2007). Subsequent amendments to rule 8.380 may change the number of copies to be f~r~~h91 ~b ~~ 7
Supreme Court and Court of Appeal.

CLERK ~~ ipr~~~~~ ~..,...._
Form Approved (orOplional Use
Judicial Council of California
MG275 Rev. January 1, 2010]

PETITION FOR WRIT OF HABEAS CORPUS

Penal Code,§ 1473 al seq.;
Cal. Rules of Court, rule 8.380
www.courtinlo.ca.gov

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 22 of 179 Page ID #:22
MC-275
This petition concerns:
conviction
~A
j

Q Parole

Q A sentence

~ Credits

Q Jail or prison conditions

Q Prison discipline

~/
Other (specify): ~~~' /~}f.~- C1~ d C~'~~ f~,v
1. Your name: ~b~,3~j,,~
2 Where are you incarcerated?
.

~at~S
CP.~.~,~~Q~F
}~p1~
Criminal conviction

3 Why are you in custody?
.

~~'}~~~4-~S!>I~1 C~_L.i, ~

~,~J1,~1 ~,v~~~S L,(~(jj~{~

Q Civil commitment

Answer items a through i to the best of your ability.
a. State reason for civil commitment or, if criminal conviction, state nature of offense and enhancements (for example,"robbery with
use of a deadly weapon").

b. Penal or other code sections:
c. Name and location of sentencing or

d. Case number:
e. Date convicted or committed:
f Date sentenced:
.
g. Length of sentence:
h. When do you expect to be released?

v

i. Were you represented by counsel in the trial court?

4. What was

Q Yes

Q No

If ves. state the attomev's name and address:

LAST plea you entered? (Check one):

Not 9uiltY 0 GuiltY Q
5. If you pleaded not guil
Q Jury

MC-275[Rev. January 1, 2070

Nolo contendere QOther:

at kind of trial did you have?

Judge without a jury

~ Submitted on transcript

Q Awaiting trial

PETITION FOR WRIT OF HABEAS CORPUS

Page 2 of 6

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 23 of 179 Page ID #:23

MC-275
6. GROUNDS FOR RELIEF
Ground 1: State briefly the ground on which you base your claim for relief. For example, "The trial court imposed an illegal
enhancement." (If you have additional grounds for relief, use a separate page for each ground. State ground 2 on page 4.
For addifional grounds, make copies of page 4 and number the addi6ona/ grounds in order.)

Supporting facts:
Tell your story briefly without citing cases or law. If you are challenging the legality of your conviction, describe the facts on which
your conviction is based. If necessary, attach additional pages. CAUTION: You must state facts, not conclusions. For example, if
you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or failed to do and
how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition.(See In re Swain (1949)34
Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when) or place (where). (If
available, attach declarations, relevant records, transcripts, or other documents supporting your claim.)
6 ►'~S

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b. Supporting cases, rules, or other authority o tional
(Briefly discuss, or list by name and citation, the cases or other authorities that you think are relevant to your claim. If necessary,
attach an extra page.)

MC-275 Rev. January t, 2010]

PETITION FOR WRIT OF HABEAS CORPUS

Page J of 6

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CDC or ID Number: ~~S
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CCirf~~~~ c,~ ,L~s /~.v~~t~.s
(
court)
PETITIOtd FOR Wf2lT OF HAC~EAS CORPUS
Petitioner
N0. ~Cv~CL.i.~~ n

VS.

( be supplied by the Clerk of the Court)
To
Respondent

lNSTRUCTIOPJ~—READ CAREFULLY
If you are challenging an eider of commitment or a criminal convection and are filing this Petition in the
Superior Court, you should file it in the county that made the order.
. If you are challenging the conditions of you. confir~ernent and are f~lin~ th6s petition in the Su~erivr Court,
you sr~ould fife it in the cownty in which you are conned.
Read the entire form before answering any questions.
• This petition must be clearly handwritten in ink or typed. You should exercise care to make sure all answers are true and
correct. Because the petitiar includes a ~>erification, the making of a statement that you know is false may result in a conviction
for perjury.
• Answer all applicable quzstions in the proper spaces. If you need additional space, add an extra page and indicate ;her your
answer is "continued on additional page."
• ff you are filing this petition in the superior court, you only need to file the original unless local rules require additional copies.
Many courts require more copies.
• If you are filing this petition in the Court of Appeal and you are an attorney, file the original and 4 copies of the petition and, if
separately bound, 1 set of any s«pporting documents(unless the court orders otherwise by local rule or in a specific case). I# you
are filing this petition in the Court of Appeal anG you are not represented by an attorney, file the original and one set of any
supporting documents.
• If you are filing this petition in the California Supreme Court, file the original and 10 copies of the petition and, iF separately bound,
an original and 2 copies of any supporting documents.
• Noiify the Clerk of the Court in writing if you change your address after filing your petition.
Approved 5y the Judicial Council of Caiifornia for use under rule 8.380 of the California Rules of Court(as amended
effective January 1, ?.007), Subsequent amendments to rule 8.380 may change the number of copies to be famished to the
Supreme Court and Court of Appeal.

FoRn nPpro~ec mr oP~iona~ uea
Jutllcial Couiuil of Catilomla
MC-275 ~Ray. January 1, 2010

PETITION FQR WRIT OF HABEAS CORPUS

-

Pagc 1 of 6
PO~Bi case,§ 1473 a1 seq.;
L'al. Rules of Court, rule 8.380
www.cnuAlnlo.ca.gov

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 34 of 179 Page ID #:34
(
This psti

MC-275

concern:

A conviction

~ Parole

A sentence

0 Credits
Q Prison discipline

Q Jail or prison conditions

,
L I Other (specify): ~(~C~~~~~~J~daC~- (~ ~Pf~ ~ ~.~...~...,~
~
~ (`~►,~G
L~ _ L,_ ~C
1. Your name: ~}a~iN/
yl~,.S.
2. Where aro you incarcerated? ~C~L
i
3. Why are you in custody?

~~v'~~5~~[

~Criminai conviction

M ~l ~$i~ W

C ~~'. L ~s t ~MG,)

~'i~~

Q Civil commitment

Answer items a through i to the t~:st of your ability.
a. State reason for civil corr,mitment or, if criminal conviction, state nature of offense and enhancements (for example, "robbery with
use of a deadly weapon"}.

b. Pen~1 or other code sections:
c. Name and location of sentencing or committing court:

d. Case number:
e. bate convicted
f. Date sentenced'
g. Length of sentence:
h. When do you expect to be released?
i. Were you represente8 by counsel in the trial court?

Q Yes

Q No

Ifyes. state the attomev's name and address:

4. What was the LAST p ea you entered? (Check one):
"~] Not guilty

~ Guilty ~

No!o contendere Q Other:

5. If you pleaded not guilty, what kind of trial did you have?
Q Jury [~ Judge without a jury

MG275 (Ray. Jenu:~ry 1, 20t0]

Q Submifted on t' ranscript

(~ Awaiting trial

P~T'I710id FOR WRIT OF HABEAS CORPUS

Paee z ors

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 35 of 179 Page ID #:35
MC-275
6. GROUNDS FOR RELIEF
Ground 1: State briefly the ground on which you base your claim for relief. For exarple, "The trial court imposed an illegal
enhancement." (If you have additional grounds for relief, use a separafe page for each ground. Sta[e ground 2 on page 4.
For additional grounds, make copies of page 4 and number the additional grounds in order.)

a. Supporting facts:
Tell your story briefly without citing cases or law. If you are challenging the legality of your conviction, describe the facts on which
your conviction is based.!f necessary, a!tach additional pages. CAUTION: You must state facts, not conclusions. For example, if
you are claiming incompetence of counsel, you must state facts specifically setting forth what your attorney did or failed to do and
how that affected your trial. Failure to allege sufficient facts will result in the denial of your petition.(See !n re Swain (1945)34
Cal.2d 300, 304.) A rule of thumb to follow is, who did exactly what to violate your rights at what time (when)or place (where). (If
available, attach declarations, re/avant records, transcripts, or other documents supporting your claim.)

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b. Supporting cases, rules, or other authority o tional
(8,-iefly discuss, or lrsf by name and crtafion, the cases or other authorities fhaf you think are relevant to your claim. if necessary,
attach an extra page.)

MC-275 (Rev. January t, 2010)

PETITIQN FOR WRIT OF HABEAS CORPUS

Pape ] ot6

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 36 of 179 Page ID #:36

MC-275

(i/apH. .able):

7• Ground 2 or Ground

a, Supporting facts:

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MC-275 (Rev. January 1, 2010]

PETII"ION FOR WRIT QF HABEAS CORPUS

Pose ~ m s

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 37 of 179 Page ID #:37

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 53 of 179 Page ID #:53

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 54 of 179 Page ID #:54

~ G~
SUP~RTdR COURT OF CALIFORNIA, COUNTY OF LOS ANGE
LES
D ate: February 28, 200

~ HONORABLE: STEVEN SUZUKAWA
~
JUDGE

A620066
People of the State of California
vs
RONALD LEE ADAMS

F. JEFFERSON
NONE

CLERK
REPORTER

(P3rties and counsel checked if present)
Counsel for the People:
Deputy District Attorney: NO APPEARANCES
Counsel for Defendant:

NATURE OF PROCEEDINGS:

No APPEARANCES

CASE CALLED FOR HABEAS CORPIIS PETITION

PETITIONER, RONALD ADAMS, SEEKS TO SET ASIDE
TWO 1981 CONVICTIONS FOR ORAL COPULATION. HE
ERRONEOUSLY FILED A WRIT OF HPBEAS CORPUS,
BUT T1~E COURT WILL NONETHELESS DEAL WITH THE
ISSUES RAISE. IN ESSENCE, PETITIONER COMPLA
INS HE WAS IMPROPERLY CONVICTED OF A VIOLATION
OF
PENAL CODE SECTION 288A(C)
HE ARGUES THE STATUTE REQUIRES EVIDENCE
THE VICTIM WAS UNDER THE
AGE OF 14 AT THE TIME OF THE COMMISSION
OF THE OFFENSE. THE VICTIMS- HERE WERE ADULTS
.
WHILE PETITIONER IS CORRECT IN THAT THE
COMPLAINT ALLEGED THE WRONG CODE SECTION, HE CANNOT
ESTABLISH A SHRED OF PREJUDICE. HIS COUNSE
L WAS PUT ON NOTICE THE PETITIONER WAS CHARGE
D
WITH ORAL COPULATION. THE TRIAL COURT,
AFTER A BENCH TRIAL, CONVICTED PETITIONER UNDER THE
APPROPRIATE SECTION.

PETITIONER'S ALLEGATION HIS APPELLATE
COUNSEL WAS INCOMPETENT FOR NOT RAISING THE SAME
ISSUE
IS EQUALLY WITHOUT MERIT. COUNSEL COULD
NOT POSSIBLY ESTABLISH PETITIONER WAS DENIED
ANY
LEGAL RIGHT.

FnTIT~C2:~n' J

iCLQtiLJT

FCR ;
ELIy: I3 DENIED.

A COPY OF THIS MINUTE ORDER .IS SENT
TO PETITIONER VIA U.S. MAIL AT HIS LAST KNOWN ADDRES
S;
~iR. RONALD ADAMS, CDC #P-65157
P.O. BOX 7599/B-4-206
PELICAN BAY STATE PRISON
:
RESCENT CITY, CA. 95531

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 55 of 179 Page ID #:55

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 56 of 179 Page ID #:56

1875 CENTURY PARK EAST
SUITE 1340
L OS ANGELES
C ALIFORNIA 90067

ROBERT A. KASHFIA
RYAN D. KASHFIAN
'
GEORGE E. AKWO
OLGA Y. NOVAK
G OHAR O. FAYYAZ'

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A ttorneys and Counselors at Law

MATTHEW W. KRUPKE
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Thursday, September 24, 2015

For Immediate Delivery via U.S. First Class Mail
ATTORNEY CLIENT
PRIVILEGED
COMMUNICATION
CONFIDENTIAL

MR. RONALD ADAMS
#P-65157
CMCE -CALIFORNIA MEN'S COLONY EAST
P.O. Box 8101
San Luis Obispo, CA 93409

R~:

~`h Ci;
cuit hrpeila~ie Case ~ r~ll~w Up hegardiri~ l~Iuirer
NINTH CIRCUIT COURT OF APPEALS PRO BONO ASSIGNMENT -MEDIATION

CA Case No.:
Case Name.
:

14-72413
ADAMS v. VALENZUELA

Dear Mr. Adams:
I hope this letter finds you well. We have had more than a couple of conversations with the
mediator and the Attorney General's Office. You had stated in your previous letter that your
goals are as follows:(1)to have counts # 3,4, and 5 of your 1981 conviction overturned, and (2)
to correct any classification error with the CDCR regarding your abstract judgment.
Additionally, you expressed some issues regarding the visitation rights of your nephews and
nieces.
Based on the research we have done, the conversations that we had with opposing side, we hope
this letter cari held answer a few of the q~uest:ons o::;:,nfusions i;~ }'cur previous letter and ~~~hat
will happen moving forward.

C ALIFORNIA

LOS ANGELES

CULVER CITY

DISTRICT OF COLUMBIA

WASHI IJGTON

WWW,KASHFIANLAW.COM

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 57 of 179 Page ID #:57

lf~ A~ ~ 1H[ 1F )[~Iv & 1[S A\~ lH[ 1F 1[ ~.ICI
A ttorney • end

L LP
C o u n~ e 1 o r• a t

La w

MR. RONALD ADAMS(#P-65157)
CMCE -CALIFORNIA MEN'S COLONY EAST
P.O. Box 8101, San Luis Obispo, CA 93409

September 24, 2015

Mediation Fol!ow Lp ; 9th Circuit Appellate Case

Page 2 of3

ADAMS v. VALENZUELA —Case No. 14-72413

1981 Conviction
Our records indicate that you are currently being held on your most recent convict
ion relating to
the incident you had with the repossession of your car in March of 1999
and not. your 1981
conviction. You are serving your sentence pursuant to a crime of carjacking,
or taking another's
vehicle without their consent. Therefore, with respect to counts # 3,
4, and 5 of your 1981
conviction, which you are not being incarcerated for, we must take into account
whether you :,an
get any relief in that regard.
I understood from your previous letter that you believe that counts #
3, 4, and 5 against you
pursuant to Penal Code 288a(c) are incorrect. You have said that court
records show that the
victim stated she that was married at the time, therefore she could not
be a minor, and that you
had ineffective counsel representing you. With all of this in consideration,
please keep in mind
that although the law has changed since the time of your arrest and convict
ion, the courts cannot
~apply,a new law to an old conviction This means that whatever crime
you were convicted of,
only the older (original) rule oflaw can apply to it. ~,~.'e cannot apple the newer
laws to your case.
Abstract Judgment
Nonetheless, we sought to look deeper into the 1981 statute. Attached
is a copy of the actual
statute at the time. It appears that the Abstract is not technically incorrect —whic
h is what the
Attorney General's office is saying. Even if the Abstract is incorrect, it appears
that your claim
should be brought in the Superior Court. The 9` Cucuit_apparently,caru~ot amend
the Abstract
which is what the ttome~ General, is saying as well. The Attorney General's office
has also said
that they feel like there is not much that they can to in relation to your goals.
As such, after
reviewing your case, the Attorney General's office believes that there is no
issue for them to
resolve.
Visitation Rights
You stated in your most recent letter that it is still your goal to get visitation rights
with your
nieces and nephews. I understand that, due to your criminal status as an alleged sex
offender, you
were restricted from being visited by minors. However, in your recent letter,
you have stated that
some of your nieces and nephews have either:(1) moved out of states or (2) are
now above age

C ALIFORNIA

DISTRICT OF COLUMBIA

L OS ANGELES OFFICE

C ULVER CITY OFFICE

WASHINGTON OFFICE

e'S CEI+TURt 7~RK E%.ST, SUi7E tJ40
L GS :,N GELES. Ca oli ilh~
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 58 of 179 Page ID #:58

1fC.~~ 1H[ 1F ][ A~I~ & 1[~~ A~~ lH(1F)( A~ 11~
A ttorney~

LLP
end

Counselor• at Law

MR. RONALD ADAMS(#P-65157)
CMCE -CALIFORNIA MEN'S COLONY EAST
P.O. Box 8]01, San Luis Obispo, CA 93409

September 24,2015

Mediation Follow Up ~ 9th Circuit Appellate Case

Page 3 of 3

ADAMS v. VALENZUELA —Case No. 14-724]
3

or older than 18. Moreover, we have investigated and found that on or about May 2015
8,
there
is no restriction currently. Please advise if this is incorrect.
Nonetheless, if any person or family member that you have is older than the age of
18, then they
are allowed to visit you regardless of your criminal status with the CDCR. I just want to
clarify if
this is still a problem for you? Do you have any nieces or nephews that are minors, under
the age
of 18, and who you would like to be able to visit you at your current location? If that
is still the
goal, please let me know, and we will work on a solution to correct that problem.
In light of the foregoing, there is not much we can do with respect to the 1981 convict
ion and it
appears the minors issue is resolved. Taking those into account, please advise what
you would
like me to do and how to proceed.
We have another phone conference scheduled for October 20, 2015. I just want to make
sure that
if there is anything we can do or add in light of the foregoing, it can be exhausted.
Thank you and I look forward to hearing from you.

C ALIFORNIA

DISTRICT OF COLUMBIA

L OS ANGELES OFFICE
1 875 CEIITUFY P~P,N EnST
C GS ~.FGEIES, C~ 4~Ub(
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WASHINGTON OFFICE
S UITE 700

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9. Lotteries. §§ 319-328.
10. Gaming. §§ 33~337s.
10.5. Horse Racing. §§ 337.]-33?.9.
]1. Pawnbrokers, Gold Buyers and Junk Dealers. ~§ ;43, 344.
]2. Other Injuries to Persons. §~ 346-367.
CHAPTER 1
Rape, Abduction, Carnal Abuse of Children, and Seduction
§ 261. Rape defined.
§ 261.5. Unlawful sexual intercourse.
§ 262. Rape of spouse defined: Time to report violation.
§ 263. What constitutes essential guilt of rape: Sufficiency of penetration.
§ 264. Punishment for rape: Recommendation by jury: Discretion of court.
§ ?64.1. Aiding and abetting another in rape: Punishment.
§ 265. Abduction of women for marriage or defilement: Punishment.
§ 266. Seduction for purposes of prostitution: Aiding and abetting: Procuri
ng illicit seaua
intercourse by false pretenses: Punishment.
§ 266a. Taking person for prostitution without consent or b}' false
representation: Punish
ment.
§ 266b. Taking person by force, to live in illicit relation: Punishment.
§ 266d. Receipt of money for placing person in custody for the purpose
of cohabitation.
§ 266e. Payment for purpose of prostitution or placing in immoral house.
y 266f. Selling person for immoral purposes.
§ 266g. Placing or permitting placing of one's wife in house of prostitu
tion: Punishment: Wife
competent witness.
§ 266h. Definition of pimping: Penalty: Competent ~~itness.
§ 266i. Pandering defined: Penalty: Competent witness.
§ 26%. Abduction for prostitution: Punishment.
§ 268. Seduction under promise of marriage: Penalty.
§ 269. Intermarriage, ~~hen a bar to prosecution.
§ 261. [Rape defined.) Rape is an act of
sexual intercourse accomplished with a person not the spouse of the perpetrator, under
any of the following circumstances:
1. Vdhere a person is incapable, through
lunacy or other unsoundness of mind,
~~hether temporary or permanent, of giving
legal consent.
2. Where it is accomplished against a
person's •ill by means of force or fear of
immediate and unlawful bodily injury on the
perso~i or another.
3. Where a person is prevented from resisting by any intoxicating, narcotic, or anaesthetic substance, administered b}~ or with
the privity of the accused.
4. V1%here a :person is at the time uncor,scious of the n;;rin~e of the act, and this is
known to the accused.

*
.'7yy:

5. Where a person submits under the
belief that the person committing the act is
the victim's spouse, and this belief is induced
by any artifice, pretense, or concealment
practiced by the accused, with intent to
induce such belief. [1872; 1889 ch 191 § l;
1897 ch 139 § l; 1913 ch 122 § 1; 1970 ch
1 301 § 1; 1979 ch 994 § 1; 1980 ch 587 § l.]
al
C Jur 3d Abortion and Birth Control § 8,
Appellate Re~~ie~v ~y~ ]57, ISB, 360 et seq.,
C
riminal Lau• ,ys§ .32, .36, 209, Z10, ?067,
2
068, ?071, ?078-2085, ?104, 2123, 2126,
2826; N~itkin Crimes pp 204, 26.3, Z64, 265,
266, ?67, ?68, 270, 475. 626, 919.
§ 261.5. [Unlawful sexual intercourse.]
Unlawful sexual intercourse is an act of
see ~.al intercourse accomplished «°ith ~ femaic not the ~~.~ire of the perpetrator, ~ti here
the female is under the age of 18 }ears.

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 64 of 179 Page ID #:64
.c.

§ 286

-'-1

r

-^y < ''~.

DEERING'S PENAL

§ 21, 2B, 266, 2.329, 23.31, .071, 3157;
§
W
itkm Crimes pp 27, 494, 519, 998; Evidence p 1035.

$';

•
•

child under the age of 14 years shall not
have his sentence suspended until the court
obtains a report from a reputable psychiatrist as to the mental condition of such
§ ?86.5. [Sexually assaulting animal.]
person. [1941 ch 1201 § 1; 1965 ch 1815
Any person who sexually assaults any ani§ 1.] Witkin Crimes pp 497, 1001, 1029.
ma] protected by Section 597f for the purpose of arousing or gratifying the sexual
§ 288a. Oral copulation.) (aj C3ra] copudesire of the person is guilty of a misdelation is the act of copulating the mouth of
meanor. [1975 ch 71 § 8.5.] 21 Cal Jur 3d
one person with the sexual organ of another
C
riminal Law § 3335.
person.
b)(1) Except as provided in Section 288,
(
§ 287. [Same]: Penetration sufficient to
any person who participates in an act of oral
complete the crime.] Any sexual penetration,
copulation with another person who is under
however slight, is sufficient to complete the
18 years of age shall be punished by impriscrime of sodomy. [1872; 1975 ch 71 § 9.] 21
onment in the state prison, or in a county
C Jur 3d Criminal Law §231; W'itkin
al
jail for a period of not more than one year.
C
rimes pp 494, 496.
( Except as provided in Section 288, any
2)
§ 288. [Crimes against children: Lewd or
person over the age of 21 years who particilascivious acts: Punishment.](a) Any person
pates in an act of oral copulation with
who shall willfully and lewdly commit any
another person who is under 16 ~~ears of age
lewd or lascivious act including any of the
shall be guilty of a felony.
acts constituting other crimes provided for
( Any person who participates in an act
c)
in Part 1 of this code upon or with the
of oral copulation with another person w•ho
body, or any part or member thereof, of a
is under 14 years of age and more than 10
child under the age of 14 years, with the
years younger than he, or when the act is
intent of arousing, appealing to, or gratifying
accomplished against the victim's will by
the lust or passions or sexual desires of such
means of force, ~~iolence, duress, menace, or
fear of immediate and unlaw~ru] bodily injury
person or of such child, shall be guilty of a
felony and shall be imprisoned in the state
on the victim or another person shall be
prison fora term of three, five, or seven
punished by imprisonment in the state
years.
prison for three, six or eight years.
( Any person who, while ~~oluntarily
( Any person who commits an act ded)
b)
scribed in subdivision (a) by use of force,
acting in concert with another person, either
violence, duress, menace, or threat of great
personally or by aiding and abetting such
bodily harm, and against the will of the
other person, commits an act of oral copulavictim shall be guilty of a felony and shall
tion when the act is accomplished against
be imprisoned in the state prison for a term
the victim's will by means of force or fear of
of three, five or seven years. [1901 ch 204
immediate and unlawful bodily injury on the
§ 1; 1933 ch 405 § 1; 1937 ch 545 § 1; 1976
victim or another person shall be punished
ch 1139 § 177, operative July 1, 1977; 1978
by imprisonment in the state prison for five,
ch 579 § 17; 1979 ch 944 § 6.5.] Cal Jur 3d
seven, or nine years.
Appellate Re~~iew §§ 475, 484, 485, 491 95
( Any person who participates in an act
e)
5
of oral copulation while confined in any
28-SSl, 556, Criminal Law §§ 1013, 1261,
state prison, as defined in Section 4504 or in
1616, 1624, 16.30, 1634, 1636, 1641, 2250,
any local detention facility as defined in
2
262, 2271-2275, 2277-2281, 2282287,
Section 6031.4, shall be punished by impris290, 2292, 2296-2298, 2301, 2302, 2?p4-2
onment in the state prison, or in a county
2307, 2826, .3068, 3224; Witkin Crimes pp
jail for a period of not more than one year.
44, 122, 204, 283, 289, .324, 497, 500, SOS,
( Any person who commits an act of
~
5
35, 567, 914, 919, 955, 998, 1010, 1029,•
oral copulation, and the victim is at the time
C
riminal Procedure pp 67, 172, 17.3, 203,
unconscious of the nature of the act and this
57; E~~idence pp 29.3, .?77, 515, 622, 779,
5
is known to the person committing the act,
1107, 1125; Summar}~ (Bth ed) p 5546.
shall be punished by imprisonment in the
§ 288.1. [Same: Suspension of sentence.]
state prison, or in a c~,~inty jail for a period
A n}' person convicted of commining any
of not more than one _,c:ar. []915 ch 586 § 1;
le«~d or lasci~-ious act including any of the
1921 ch 848 §§ 1, 2; 1st Ex Sess 1150 ch 56
acts constitutir~ other crimes provided for
§ 1; 1st Ex Sess 1952 ch 23 § 3; 1955 ch 274
in Part 1 of this code u~~on or with the
§ 1; 1975 chs 71 § ]0, 877 § 2; 1976 ch 1 139
body, or any part or member th~:~eof, of a
§ 173, operative July 1, 1977; 1977 ch 490

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 65 of 179 Page ID #:65

o

~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 66 of 179 Page ID #:66
~

f

.. SUPERIOI~ ~JURT OF ~`fi~ ST'~T'.~ ~F C~~`Gi~~VZA
FO~t TH3E COIIN~'Y d~` LOS ANGLES
the People of the Sate of Caliiorua,

~

No.

~.

~`-o2006b

rlaint~fi,
v.

R OPIA~D ~,~DA.'~S ,

1fiT~~E3R3f_4T'ION
Vio. Sec. 20'] P.C. (CTS.
and II)
V
.0
io. Sec. 28~a(c) i , (CT. IIi ,
I V 2nd V)
R
io. Sec. 245Ca) P.C. (Clo VI, V-II)
P
io. Sic. 261~2)/2~?(3) P.c.
CTS, i1~I, Ig ~d b)
(

Defendant.

C OIIl~~ I

The said

~
t~ 0~-4~,.D L~ ADSNIS

is accused by t!~e ~~s.rict Atto-ney of a.^.d for the County or Los Ar,~~l~s, State o~ Cc1LIOT'a, t7V
~.nfe~a~ion, v? t:,e

grime of ~~~~"L1~u OI S~C~10~ 21i7 O- ',~'v ~~~?~ v0'~~

a felony, committed as follows: T7a: tPe mid

OIl Ot aD~llC LII~

_P~s

v~.rl

C~j~ 0[

~~?~e~ ~~ ~-D`-"

~' ~~~~~~~
1

~C
i'~~

Calilor~;a, did wil:rul!y~ z~a unlawfully, and f0=C1b1~ ~

~ ai 2P.Q lIl iil.~ ~OLII'}~ Oi !JOS ~:7~~1aS, 5[8Ce Of

S~~31 , ~~e ~

.a
..nd 3~ieS

rudrey ?ice in the Coun~y of I,os Az5zles, Maze o~ Cali~or:~~a .tiLL did
~~? 1
t,~?~ said A'1~A~ 1~1C~ ~.,0 2~Ot11~~ CO1Li.T~'S~ S~c^~L~~ COL'.'_~~~ ~?1~
-;.3~1ot;~e:^ p~T't of i,he said LCS 4~~e1e5 Co1z71t~.
v 1S 1LL~}1?I' ~.~1?~E'~ vi3i, 1Il L~e CO~TL'1S310Il P..'~d ~t~~~~~?;1 CO~II1SS10Il

of rrie above offense the said deiend~t, ~OI~T~LD Imo. ADaM"~~; p~~scnall~
—use a firearm, to ~~t, a revolver, wither the ~ean~no of ?enal Code
Section 12022.5.
I~ is 't:rzner alleged Zhat in the commission and a~tempted co~.mission
of zhe above offense zne said defendan~, ROl`iALD I,~ A~r1,S, personall3
used a firearm, to wit, a revolver, within the aeanin~ of Penal Code
Section 1?03.05(a)(1).

Filed in open Superior Court of the State of
California, County of Los ,4ngeles, on motion
of the District Attorney of said County.
DATED:
JOHN J. CORCORSN, Clerk
By
Deputy

JOHN K_ VAN DE KAMP, District At~orney
for the County of Los Angeles, Stale of California
.
r~—
BY ------------------------------------------------------------------------Deputy

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 67 of 179 Page ID #:67

,~

_

_

~~~

COUNT i
'
For a r~urther and separate cause or' complaint,
D?I~g D
offenses as the charge
ser r`orth in

CJILT2f?f11' 07f2f152 01 r1l@ SUf1l
E

class of crimes and

hereof, complainant further complains and says

:
That on or about .he
8th
dcy of
~.ngelps, Stage of Caliromia, the crime of
Los
a felony, was commitred by

kebruary 1981

, at and

in

the

County

-

Ron21d L~e Adams

who did willfully end unlawTully~
~d

•

of

20~ 0~ Tom, ~V~ CGDE
-

IOT'C2?bl~~ s~ea1, ~~:~, 2,n.d
~_~sz ~~-,,.,,Lo
G 2.~2.r1~uES ~ i.I1? COl1L' t
l
,~ O_` L05 ~+ngBl~S ~ ;Si,2.~n 0~
C3~1 C?'Il1~ ~.Q Q1C1 L2~e
~
+1.12 52.1
J ~~'+,±.~' ~i~ariades 1Ili.0 2~^O~L
i1~2' COl1I1~_~y~ S~3t~~ CGLL~~'~
2..TC~ ~II.O~~.~i
p art oT ~~e said Los

Q~eles G~un~y.

1~ 1S ~i;:~~~~= c~~~~2~ ~1'13v
„~ ~~~ CG~1S6~0~ .~CZ ~~L?
~.
~'J~eC~

iss~on c

CGTT'tT—
~~e ~~c~e o_~e~s~ ine sad d~=e~d:,s
~, _~oL~id L~~ ~d~s, ~~T_
S OIl~~l~ 't15~Q c, 1'~=@~T'II~
iN~ ~~ h'~~ ~~it~' LT~euL~n~ O
i~~al ~'.00_e ~y'C~20='S ~?0
22.~

Subscribed and sworn to before me on

I ssued by JOHN K. VAN DE KAN1P, Distr
ict Attorney
By

Deputy
W ITNESSES

Judge of the above en~irled Cou~r
~ ~~
'-`

Bail Recommended
$
CI I No. (or other)

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 68 of 179 Page ID #:68

_)

~~
COUWT

I'

For. c furrher and separa~e cause of co,~plaint, being
a differenr o~'r'ense or the same class of
crimes and
o~fenses as the charge
set forth in
hereof, compfafnant further complains and says:
Thar on or about the

8~h

day of
Los Angeles, Stage or` Cali~omia, the crime o.

February 1881
, at and in the
28u~(a)(e) OF `~E ~~
r~ ~OD~
,~

a felony, was committed by

Eonald Lee ~da..~s

who did willfully and unlawfully,

County

p~~icipate in ~ acs o~

o~a1 copy:..=a~~oa
W1LI1 ~1.Z~?y ~1C~~ 2.~~ G~.~C~ COIIi
~~~ ~h@ ~^~~.Z1C1~2:~1CT1 Cf 5~1~
~e?'SGIl 1~
sa..id act b~

~~.

force, violence, duress, meaance,
a..nd ~~eat of great bm~ily

.~i. ~S =iL~~~~ 2~1 2~aCj. ~ilg~ ~~
~1? C0~.1SS=.~'? c.~~ ~.~i.~~~~e
C~ C^v'7_T'?1SS=0I1 0
~`~~ c.;70yc O_~~LJ2~ ~tl? CnT_"EIlr~a_n~~ ap-~alC
i,o~ ~~'+c.~1S~ D~_
'SG12`~.~5
~ 5~~ ~ ~
1
^~T'2?T'T~, ~O W1L~ 2 _T'eJO~Y~~ ~ W1Lr
1Il ~t12 IIl2~~r' 02 1~2'~1'.3~
J
~
~`iOQ?
.
SBC~ZO~ ~2C~~.~.

1~..:`~:~~~

~~~1~~
~

X'l"5"J~~~

Subscribed and sworn to before me on
------Judge of she obove eni~rled Coup

Issued by JOHN K. VAN DE KAMP, District Attor
ney

ay

Deputy
W ITNESSES

Bail Recomrnendad

$
CI I No. for other)

of

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 69 of 179 Page ID #:69

-1
l

r,'`
~

4

co~rvr ~~
For e further and s~parate cause o. complain, being
a difTerent o`fens= ofi ~n~~ same cless of crime
s and
ofrenses as the charge
ser forth in

h ereof, complainan~ furt7er complains and scys:
That on or about the

8th

dey of

Los Angeles, State of Cclifornio, the crime o.
~on21d

o felony, was c~~nitT~~ by

~~bru~,~, 1981

, et and

in the

County

2gg(a)(e) 0~ Tt`'~"' ~7a...L CODE

L2B QCI.2,ID.S

1

w ho did willfully and unlaw~uliy ~ ~~~;
c;aa~e ~ ~ acs oT oral co~ula~i
on wi
u 2=?'s1cZ~a~22'13Ci2S ~ c.~1d Ci1Cl
COIIl
S21~. aCi Dy
~~LT.

TO~'CC~'~

V~0~~71C2~

peZ ~l]~ D~'i.1C1U3Z~0Il Oi
S2~
(~ ~e_T'SOL~ 1T~
C1LLT'~SS~ 7IlA~~.C2~ 2IlC~ i.t'?'
2o.L OS ~=e2.i, bOC~''~1~p

i. 15 ?
iL.
~~?= ~~~ e~~~3 ~:1 ~ ~i`?~ CCU
'
.S5=0Il 2~1~ G~~2~Ti~~Ci COi„
~SS? p~
Oi ~n2 abase Or=~eIlS~ ~h? S21C~
~?r~~^c~~ ~ ~`{O~?.ZC~ ~2~
~G'.c~~ ~ -D2_"SO~aI ~
U52G~ ~ ~~
ram ~ i.0 -vi_~ ~ ~ ~EVO~~i2T_' ,
,-'IIl
`vu1'~r.~ ~hE i2P~:~5 O.T_~ ~~Il2.~
~ cC~10~ 1~~72,~~
vOCB

X3
~.~ ~'X-u~Y
-

Subscribed and sworn to before me on
-------------------------------------J~dge of rh= aboe~e enriiled Covrr

I ssued by JOHN K. VAN DE KAMP, District Attor
ney
By

Bci~ Recommended
X:r,~v~'
^rxx

Deputy
WITNESSES

$
CI I No.(orotheri

or

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 70 of 179 Page ID #:70

( —'~
~.
`~:

~— ~

COU~1T

"v

ror a r'urther and separate cease of complaint, being a different orfense o.'the same c!e>; o;
crimes and
orfenses as the charge
set forth in
Hereof, complainan` further complains and says:
Tnot on or about the

~~h

"gib-T"aa-z'~ 1981

day of

Los Ang les, Sete of Calir'ornia, .he crime o.

, at and in the
~~~~~)~~) ~r m~-" -~'1~ C~r~,

Ci
r2~0'ly~ WQ~ COrilRllt`2~Jy'

~on~d Lee Adams

w ho dio willfully and unl~w uliy , ~~-''~iCi~~te ~~

Coun~y

~ zc~ of orate ~op'~2~ic~ witi~l

1
'
-~~
b1QiP5' - Ce ~ ~uQ G1C1 COII1D2~ L~~ ~~~1C1y 2i,~011 D~ 58.1
D~?"SOn 1L'~
52.1
act by .force, ~iiQiB'~'~C? ~ dtL~~5.7 ~ n~Il~C? ~ 2nC1 i.ti'~ e~i, Oi o_ c''c.

both?S ~~.

1V 1S _~'"~~~T' c`.?~~c:~i ~~~L ~ ~~~ CCII',i~.i_SS_O~ ?.~~i ._u;,?I~TJ~2C~
.
^.O~'Z:~S_O~. Ci ir'2 c.}'-OV? v0._.i~~Se ~ti'E S=_..~.` '~eie=.1'.1a~~. ~:~~~2iri I~?n
~
_Q?,'~~. ~~=507'~~~/ ~.;iS@~ 1 =~~" ~'^1~~ ~O ik~ v. a .E"v0?VET_~ 7 iti~a~r'~. f~il~
!
.
'V2' -~ OT
'
'
J .~~l ~.
i'oIl=~ ~'iOC~ S~C~10nc I~r~7.' '2 I~Q .~r ~o

X~x'a'-k'~''~

Subscribzd and sworn to before me on
~~'~~~TXXX ---~------

---------------

Jvdge of the above eni~rled Coun

I ssued by JOHN K. VAN DE KAMP, District Attorney

~y
Deputy
WlTNc55E5

Boil Pecommpnded

$
CII No. for o~harl

of

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 71 of 179 Page ID #:71

~~.

Co[iNT

y—'

For a rurther and separate cause of complaint, being a different
offense of the same doss of c.imes and ofrenses as the charge
sit forth in
hereof, complainant rurrher complains and says:
Thct on or about the
~~h
day or
Fzb?'~~'S 19~i

, at and

in

the

County

or'

dos Angeles, State o1 Cal ~rornia, .he crime of ASSAULT 3Y MEANS
OF FARCE EIKELY T0~
PRO~J-CE GREAT BODILY Il~J;JRY ~`iN~ WITH DEA~3LY WEAPON,
.n violction of Section 2~5(a;,

Penal Code o Ca!ifornio, c felony, was committed by

Ronald ~~e Adams

w ho did v,.~i lifully and unlowTully comr-iit cn cssault upor J~_r_e Z2~asia~
~s
w ith a deadly weapon,.o wit,
and by means or Force l ikely .o produce great bodily injury
.

~evol'ver

! 15 =~~nE2' ~^ '' ~ ~sB~ ~i~GL ~ ~h~ C0~1
i,
SS=v^~ ~Cl .~~~?~~i,~~ COi~—
~ SS1~~T? O
~_i.~
bCV? O~~~S~ ~~~ S31C'i ~l~r?:iCi~L~
~OIl3~d ~~2 G~cICS~
p erso=:~~!~ liS~'~ a ~1~~21"II~ ~O ~r.~~ a _T ~TO~vn=~
'
W=~'~1Il ~~8 ~nc~iA~ Oi

teL~.l. erode Sec~io~ 12622.~.
Subscribed and ~vvom to b~fo~2 me on

-------------------------------------Judae of the acv= enrirled Coin

I;sued by JOHN K. VAN DE KAMP, Dis~rict r„tom~y

Bail Recommended

Ry

Deputy
WITNESSES

CI I No. for other)

~~..~~

• '•.
.

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 72 of 179 Page ID #:72

\:~~

COUNT i~T1
ror a Turfiner and separate cause of comp
laint, bein
offenses as the charge

g a different oTrense o.the same clas

set forth in

hereon, complainanfi further complains
That on or about the.

8th

s of c.imes and

and says:
day of

rebruary 1981 -

, a. and

in the County of
Los Angeles, State of California, the crime of
ASSAULT BY MEANS OF FARCE
LIK~LY TQ
PRODUCE G~cAT BODILY INJURY ~'►~ED
WITH DEAD!Y VaEAPQN; .n violation
o.' Se:.tion 245(a),
,~'~ Penal Cod
e of Cclifornia, a Telony, was committe
d by Ronald Lee .~d~s

who did willfully cnd unlawTully co~nrnit
an assault upon

eucL e~ Rice

with a a~adly weapon, .o wit,
and. by mac^s o .force likely to product
g.gat bodily injury.

2V0~VAT_'

1 1S Tli~~h2'_' ~~Zeo~C~ ~~2.~
~
~. ir? COL^~15S1v~? 2'~Q
2i.~e~p~ed CO~c~ SS1
01 ~i`12 3}JO1~B Of.~IlSB ~}1?
0~
Sc1Cl C~?i ~~Q2.Lt ~ ~0I]2.~ C~
Lc~'~ ~:'i2.~S ~ I7E?'SO'~~~ Zy
1S~C~ c 'T ~2'2y"L~~ T.O Zti1-G~ 2
1
_T'cVO1Si?I'~ w71~~.~?i ~ilE
~~2T1.'~~ Oi ~~~?~ ~0~
Sec
~

tion I2G%2,5,

Subscribed aid swam tc

b=iors me on
---------------------------Judge o` the above entitled court

Issued 'by JO IN K. `J,~,N DE K^,M?,
DisrrictAiiOfil2y
By

WITNESSES

---------

bail Recommended

Depury

$
CII No. (or otherl
x~-~xx

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 73 of 179 Page ID #:73

COiJtVT VI~I
ror a ~urher and separate
cause of complaint, being
a dinerent offense of the
same class of crimes
a nd of~enses os the charge
set forth in
h ereof, compicinani further
com
plains and says:

That on or about the

~~h

day of
Februaz'S 1881
, ❑t and in the Co
Los Angel=s, State o~ Cali'orni
unty of
a, the crime or RA°E,
in violation of Secrion 261
;2)/251(3), Penal Co
Cal ifornia, a ~elcny, wcs com
de of
mitred by
gp~~~~ ToA
~a~~

w {'1G C~I~ U/I i ITUi ~y^
~'1~ U~IQ~NTUI I`~/ }1J
V2 Gi~G~ C]CCO~"1F+~
iS~l ❑fl OC1 C~ S~XUC1
1 i1t@~CQUfS@ WIT~
'l O T?fl'lv~e
person, to wit,

n or

hll~e3 mice
,not his wile, vJhere she
resisted bui
w~cs overcome by force
and vioi~nc~, and wher
e s~'~e was pr~ven;Ed from
resis~ing by
~~?~:T On~ Ifilil~uf~f~
bodi ly harm t7CC
.^~f`i'ia~Jill`~

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2n~CUi1011.

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~ubscrib~c and sworn to ber
~r~ me on

03.05(~)(1)•----------

Issued by JOHN.! K. VAN
D~ K,gMP, Distrrict Attorn
ey
By

WITNESScS

Dep uty

----------------------

------

------------------------

-------ludoe e':h= c6o~e entii!ed
Cori
Bai l P,~commended

~~r
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CI I No. (or o'her)

i

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 74 of 179 Page ID #:74

~CJUNT v~III
Fora `urther and separate cause of comp
laint, being a different o~~Tense of
the same class or crimes
aid o~
rrenses as the charge
set north in
h ereon, compfainart further complain
s and says:
Tnat on or abour fhe
8th
day of
~'~br~aazy 1981
, at and in the County of
Los Angel=s, State o. California, the crim
e or R,4PE, in violation or Section 251 (2j/
26i {3), °enal Code of
Calirorria, a felony, wcs committed by
~o~~~- ~-'Pa ~~~5

w no aid wiil`ully end unl~w=ully hav
e and cc~cmplish an act of s?xuel ir,
'e~~~ourse with a female
p?rson, to wit,
~adre~ t~~ Ce
,nor his wife, where she resisted
but
it@~ ~25.STOf1C2 WaS OVE'iCO~ri
IE Dy f0~'C2 Qn(~ violence, ~r~
w{l~,'? S~`1A ~~v^.S ~7~~VaflfG~ T
rfO(7' f~Sls~ing by
thr~c ~ o~ great and ir;,m=di~t~ bodily
r
harm accomponi~~ by appa~ ~ni pe~•r✓er
o~ ~xacu ion.
I ~C 15 '~~nor all~~~
C~ ~}?2t "~ ~~'? COIIiIl11S5~
0~ ci~C~ c~v..~~~ C~
C OQ'
PS=C~ Oi ~_n@ ~bvV~ O=i
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t ~ ~0~=~~ ~ !.,~Z ~C~~S ~
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l~'J2?,j,

L~~~ ~c~i~"

Subscribed and sworn to b~rore m~
on
------Issued by JOHN K. VAN D~ K.AI`~1P,
District Attom~y

e -----------------Sail P,ecommended

ay

Deputy

~,

h.,a^ o~ tn_ aoo~e eniirledCourr

z
z'~"~;
f

fi x-~.r~-x
r.

WITNESScS

$
CII No. (or other)

x~~-x~X

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 75 of 179 Page ID #:75

COUNT
For e ~~urther and separate
cause cr complaint, being
a difref~nt ofrense or'
the same class of cri
and offenses as the charge
mes
set forth in
nereo;, complainant furthe
r complains and says:
That on or about the
8th
day o~
February- 1981
, or and in the County
cos Angeles, State or Colifo
of
rnio, the crime of RAPS, in
violation of Section 261(2j
/261 (3), Penoi Code or
Cal irornia, a r'elony, was com
mitted by
p~~~.al~ ~,ee 3d
~m~

w ho did wii irui ly and
unlav✓rul!y nave and acco~nplish ar act of s~xuci
in;ercou-se win o r~mal
perso^, fi0 Wli,
A_u~ro~ ~1Cc
not his wife, WI'l~f~ Sh2 ~'e5
her resistancF was overco
15±?Cl ~U i
me by force end vio{enc~,
and vrnere ;ne wcs p.
vented from rAsisri~g by
i ~"1(~~TS O ~1"B~i
t7^i(~ )1~(7?cOI~1E' ~JDG~
I ~y i'lp,'fTl
OCCO(7'i~Of112C~ by U~D
CJiEilf pOW~i 07
~X~CUt1011.

~'i, ~., rL=~~~~ 2.~~
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,
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OnS 103.06{a~{1) & l?C
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1
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S ubscrioed and sworn to

6~70f2

. ~ "may

:~1

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me on

J v~JL

~

-----------------------J~dge or th= aoa~e enifi iec ------Covn

Iss ~d by JOHN,l~ u'!.,
Gt MP, Distyfct Atforney
!C~
By

Bai l recommend

D onwd ?. Tremblers
g1L Deputy

W ITt~cSSES

~
`

C om~ion Brach Offi
ce
Comp~on PD ri1e~;i`
;

custody ~

81-1267

20,000

CII No. (or other)
cii~ u~:

bi~~~-~-`,'-

6022 605

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v
Si~T~iviEivI ~r ~t~Gn i S.

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~~yf~~arir~g e~... -------- ~,o~i-------~.-.
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at---- ~r , -~'oUl1C i,~~ic11G~i i?:j'J~Si,`.-Ci ~ Of ~:;. - '}-~ ~
.v

,
~

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 76 of 179 Page ID #:76

_

_

I

~
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 77 of 179 Page ID #:77

~,TATE OF G`ALIFORNIA
I NMATE/PAROLEE APPEAL
CDCR 602(REV. 08/09)

DEPARTMENT OF CORRECTIONS

AND REHABILITATION
Side 1

INtl UJG UIYLT ~:
Institution/Parole Region:

Ct~~~-~ 1 - ` _

~

Log #:

Category:

~

_
_
FOR STAFF USE ONLY
You may appeal any California Department of
Corrections and Rehabilitation (CDC
R) decision, action, condition, policy
adverse effect upon your welfare and for which
or regulation that has a materi
there is no other prescribed metho
al
d of departmental review/remedy
Regulations, Title 15,(CCR) Section 3084.1. You must
available. See California Code
send this appeal and any supporting
of
days of the event that lead to the filing of this appea
documents to the Appeals Coordinato
l. If additional space is needed,
r (AC) within 30 calendar
only one CDCR Form 602-A will
further guidance with the appeal process. No repris
be accepted. Refer to CCR 3084
als will be taken for using the appeal
for
process.
A eal is subject to re'ection if one row of text
er line is exceeded.
Name Las First):
1NRITE, PRINT, or TYPE CLEARLY
in black or blue ink.
CDC Number:
Unit'Cell Number:
Assignment:

`~

c~.

State briefly the subject of your appeal (Exa
mple:

(o S l SZ

~- P

damaged TV,job removal, etc.):

~"G~-"l LCJ~ V~- "~ ~ ~ 2:~. Fo~'6.~ ~
~~ ~..5'
,
r~ _

~ S~

~9~~~::,.; ~-1,~~ ~,z. ~~~7~~.G.t_~~
~.15~ i ~.: F~S

~t 3 r~

JAL L

Ci~1C AP~F~~S

prFICE

t

:~ t

lt~ s

~axJ~iJ ~ ~r

CMC APPEALS OFFICE

M AY 2 Z 201

S pporting Documents: Refer to CCR 3084.
3.
Yes, I have attached sugporting documents.
List supporting documents attaches' (2.g., CDC

~+P ~ 2 ~ 201
MAY 0 6 2016

B. Action requested (If you need more space
, use Section B of the CDCR 602-A):
~ , 1~
.

c

C..~ i 1'~ 1Q~

v~~ /~FF~~~ ,Z2w` ~_~
A Explain your issue (If you need more space
.
ld`
, use Section A of the CCCR 602-A
): l~ 3 e~~3s!6. 1~~
)!t.
~ [~ }'~ - ~~. ~
~
Z..
~~ ~ ~.~,~~L~~5
t~
~Cx1~1.~~ i'~~P 3N1~
~!'~~ jr i i.~~
f
tl V is ~ "— c ✓ /~,v 1%~/ Gc'.~~
i
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-1_==l_- ='~
1
.~~.t~ /~'t s~i~ Z.Z. IJj.'~~ ~1.°c+5
~i..~'.~¢ 1

GFF ~

~: ~

CMG APPEP+LS OFFI~~

1083, Inmate Property Inventory; CCC

128-G, Classification Chrono):

~~
'

u No, I have not attached any supporting docum
ents. Raason

\7
Inmata/Parolee Signature.

~ j
—

Date Submitted:

~ By placing m initials in this l ox, I waiv
'
e my right to receive an interview.
C. First Level -Staff Use Orly
StaFf — Cheak One. Is CDCR 602-A
This appeal has been:
Attached?
'Yes
u No
u Bypassed at tha First LQ~~ t Review. Go
Yo
to Sa~don E ~ ~ p
2G1~
'
Rejected (See a!:ached le:...r for instruc..on)
~r~,~ j~
Date: '~
~u ~~
L ~ ___
~_
a?e: _
Date:
Cancelled (See attached letter) Date:
J Data'
Accepted at the FjL Level of Review.
T
Assigned te:
~., +~'eh~------- Tit;e: ~J'~"~~'
Date Assiyred: ~_I
p Date Due:._ ~ ~
_ 11~_
First Level Responder. Complete a First Level
T
re;oons~clude Ir.?eriie~,vePs name
T
. t~t~e, infNr✓ievi da'~.~.'ion, and
complete the s~rtier; belo~, . — —
Ga~e of Irterview~ _ _
~~
Intervieav Location.: ___ _~ g__
_
Your appeal issue is: j$ Granted
_ _ _
u Grar:ted in Part
❑Denied
u O?her: _______~_______
_______ _______ ___
~
1 at~a had lettar. I' dr.:atistied w!th First
t
Laves response' m~lete Secticn D~
n
~~.. ; . _..
v~ . ` ~~'71.V1_~e
~~
~
~1
Tith= e.4
~_
!~~^.~t~ ~~~.L'
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.
.
~~__ S~gr;3t_,•~ ~
Da~e~empla_ted~~~~ ~-.
~
--.

~`~~~`~l~prE, LS (~FFi~

Date r~~~eived by Ai.'._

--- - _

- - --

r- - ------~

_. _ _ __

~~!, ~ ~.

~~}~ ~„ ~~~; , , , ~..,..- - -

JUN 2 ~ 2

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 78 of 179 Page ID #:78
l
STATE OF CALIFORNIA
INMATE/PAROLEE APPEAL
CDCR 602(REV. 08/09)

DEPARTMENT OF CORRECTIONS AND REHABILITATION

s~a~ z

D. If you are dissatisfied with the First Level response, explain the reason below, attach supporting documents and submit to the Appeals Coordinator
for processing within 30 calendar days of receipt of response. If you need more space, use Section D of the CDCR 602-A.

Inmate/Parolee Signature:

Date Submitted

E Second Level -Staff Use Only
.

Staff —Check One: Is CDCR 602-A Attached?

u No

❑Yes

This appeal has been:
u By-passed at Second Level of Review. Go to Section G.
u Rejected (See attached letter for instruction) Date:
u Cancelled (See attached letter)
u Accepted at the Second Level of Review

Date:

Date:

Date:

Assigned to:

Title:
Date Assigned:
Date Due:
Second Level Responder: Complete a Second Level response. If an interview at the Second Level is necessary, include interviewer's name and
title,
interview date and location, and complete the section below.
Date of Inter~~iew:

Your appeal issue is:
Interviewer:

Interview Location:
u t~enied

u vihe~:
See attached letter. If dissatisfied with Second Level response, complete Section F below.
Title:
Signature:
❑Granted

❑Granted in Part

~Prinl Namej

Reviewer:

Title:

Date completed

Signature:

(Prin. Nam=a

Date received by AC:

F If you are dissatisfied with the Second Level response, explain reason below; attach supporting documents and submit by mail for Third
.
Level
Feview. it must be received within 3G calandar days c. receipt cf pror response. Psail te: Chief, Inmate Appeals Branch. Department of Corrections
and
Rehabilitation, P.O. Box 942883. Sacramento, CA 94283-0001. If you need more space, use Section F of the CDCR 602-A.

Inmate/Parolee Signature:

Date Submitted:

G. Third Level -Staff Use Only
This appeal has been:
u Rejected (See attached letter for instruction) Date:
Date:
u Cancelled (See attached letter) Date:
u Accepted at the Third Level of Review. Your appeal issue is ❑Granted
See attached Third Levei response.

Date:

Date:

❑Granted in Part- ❑Denied

Date:

❑Other:

Third Level Use Only
Date mailed delivered to appellant

/

/

H. Request to Withdraw Appeal: I request that this appeal be withdrawn from further review because; State reason. (If withdrawal is conditional. list
conditions.)

Ir~mat2/Parolee Sig~atur~:
Print Stall Name:
v

^+r

08ie:

Title:

Date:

Signature:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 79 of 179 Page ID #:79

STATE C1F CALIFORNIA
INMATEJPAROLEE APPEAL FORM ATTACHME
NT
CDCR 602-A REV. 03/12)

DEPARTMENT OF CORRECTIONS AND

REHABILITATION
Side 1

IAB USE ONLY ~; tns6tutlon/Par
ole Region:

Log ~':

Categpry:

C~~C-E
FOR STAf'P USE ONLY

Attach this form to the CDCR 602, only if more
space is needed. Only one CDCR
602-A may be used.
Appeal is subject to rejection if one row of text per
line is exceeded. WRITE, PRINT, or
TYPE CLEARLY in black or
Name (Last, First):

CDC Number:

~

-

~

~~St~7

UniUCell Number:

Assignment:

~~~~

,~,f

A Continuation of CDCR 602, Section A only (Expla
.
in your issue):~-5~1r LG ~1~ C~i
Z t~-o.1~-

+~~
~~~Y~.~ ~~ .~~~~:~ ~ ~ s ;~• ~ ~~ 1~ ~~v~~e ~ s~~
a ~+~ ~.z ~~~--~
CCL ~P:~P~~L >4
~~~ la•.ti' :
Cvi -'... sa:5aC.'~ r

blue ink.

a~- i
.5 ~Cs~'~.~JS ~ ~i ~y iS ~ ~ 7~

~
c~v- i ~-11~ ~-~ s_=k~~~ ~ ~:~~~ ~s„~..,~ C..~c..s ~~~
l''l~' aA 1`L~~ C~~,,,~~,
~ Gam:,' C.~,r.~r+.... ~-~ G~'.~ 7 ~" C~v'~"
-~
Sp c~.0 .~—~•1~ ~
~',~ri~~t ~'

MAYO 6 2016
CMC APPEALS OFFICE

2 ~ ~~~
Cti9C Ar~tALS OFFI~~
~A
~
tF fi ( ,~~ -~~~n., ~y-~
r
,~. -F- i~. j~ ~,.--~; ~x~;,>~~J ~~t
~
~~~f-~ ~' ~~ ~,~'~-s ~- '~'~.,j
: ~~SIC

~ '~ f

~r~_ vJ <

mil

~f~t,`~~--/s~~~-t

~
.~.
. ,.
-,.#

~l

InmatdParolee Signature:

B. Continuation of CDCR 602, Section B only (Actio
n

Date Submitted:

~ ~ `~

requested):

Inmate/Parolee Signature:
Date Submitted:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 80 of 179 Page ID #:80
STATE OF CALIFORNIA
INMATFJPAROLEE APPEAL FORM ATTACHMENT
CDCR 602-A (REV. 03/]2)

DEPARTMENT OF CORRECTIONS AND REHABILITATION
Sic'e 2

~..
D Continuation of CDCR 602, Section D only (Dissatisfied with First Level response):
.

InmateJParolee Signature:

Date Submitted:

F Continuation of CDCR 602, Section F only (Dissatisfied with Second Level response):
.

InmateJParolee Signature:

Date Submitted:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 81 of 179 Page ID #:81
State oi' California

Department of Corrections and Rehabilitation

Memorandum

4 ~ _~
l
7

Date

June 22, 2016

0
7

ADAMS, RONALD
P65157/Facility C-6356L
California Men's Colony

Subject

FIRST LEVEL REVIEW
CMC APPEAL LOG # CMC-E-16-01023
A review of your appeal has been completed. Your complaint, includi
ng requested
remedial action, has received careful consideration.
APPEAL ISSUE:
1 . In your appeal you contend that on January 3, 2016, you submitt
ed a California
Department of Corrections (CDCR) Form 22 Inmate/Parolee Reques
t for Interview,
Item or Service to your Correctional Counselor I (CCI) regarding a Visiting
Restriction
due to a prior conviction from 1981. The CDCR Form 22 was returned to
you by your
CCI with the response that the Visiting Restriction was determined by
the offense
shown on your Abstract of Judgment for Case A620066. You disagre
ed with the
response by your CCI and re-submitted the CDCR Form 22 to the CCI
Supervisor for
review. The CCI Supervisor informed you that the Abstract of Judgme
nt was a court
document, and any issues with said document need to be addressed with
the court.
Subsequently, you sent a new CDCR Form 22 dated February 8,
2016 to Case
Records in which you state that the Abstract of Judgment for Case A62006
6 is in
error, and by law, Case Records is to notify the court of said error.
2. In your appeal you also contend that the CDCR Form 22 dated Februar
y 8, 2016 is
missing along with the court documents and exhibits that were attache
d to it at the
time of submission.
ACTION REQUESTED:
1. In your appeal you request that the Case Records office return CDCR
Form 22 along
with all attachments and exhibits and that it be answered.
DETERMINATION:
• Your appeal was reviewed and assigned pursuant to Californ
ia Code of
Regulations (CCR), Title 15, Section 3084.5.
INTERVIEWS:
An interview was not completed in accordance with CCR Section 3084.9(
d)(1) & (2).
APPLICABLE DOCUMENTATION /EVIDENCE ASSOCIATED WITH
APPEAL:
• CDCR Form 22 Inmate/Parolee Request for Interview, Item, or
Service dated
November 3, 2015, January 3, 2016, and February 8, 2016
• CDCR Form 695 Appeal Screening Forms dated May 20, 2016,
April 28, 2016,
December 30, 2015, December 18, 2015
• CDCR Form 602 Inmate/Parolee Appeal Log# CMC-E-15-02804
• Page 1 of the Legal Status Summary (LSS) dated December 20,
1995
• Abstract of Judgment case number A620066
• Minute Order dated February 28, 2003 case number A620066
• October 20, 2015 Mediation Conference Letter
• Felony Complaint case number A620066 reflecting Counts
3-5 and 8-9

,.
f ti
~ iI~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 82 of 179 Page ID #:82
GMC Appeal Log # CMC-E-16-01023
First Level Review
Page 2 of 2

•
•
•
•
•
•

CDC 12881 Notice of Classification Hearing dated May 10, 2007
CDC 128-G Classification Chrono dated May 17, 2007
CDC 1286 General Chrono's dated May 19, 2007 and March 3, 2011
1981 Penal Code Sections PC 288a(c) and 261.2
PC 1202.05
Department of Operations Manual(DOM)Section 54020.10.1

RESPONSE TO ISSUES:
1 . A review of your file has been conducted and it has been found that no legal
errors
have been found on the Abstract of Judgment for discharged case number
A620066.
Your case and all counts have been recorded correctly according to the legal
documents contained in your central file.
2. Through further review it has been found that the CDCR Form 22 dated Februar
y 8,
2016 was answered by a Correctional Case Records Analyst (CCRA) on Februar
y
12, 2016 and returned to you with all documents attached, along with the
Penal
Code definition for PC288a(c). Additionally, the same CDCR Form 22
was
resubmitted, by you, for a Supervisor's Review; however no date for the
second
submission was notated on the CDCR Form 22. The Correctional Case Records
Supervisor received the CDCR Form 22, with all submitted documents,
and
responded to the issues. On June 21, 2016 these forms were returned
via
institutional mail. Please see attached CDCR Form 22 originally dated Februar
y 8,
2016.
RESPONSE TO ACTION REQUESTED:
1. Your request has been GRANTED. The CDCR Form 22 dated Februar
y 8, 2016,
along with the attachments and exhibits have been responded to and returned
to you
via institutional mail on June 21, 2016.
CONCLUSION:
Based on the aforementioned, your appeal is Granted at the First Level of Review.
APPEAL GRANTED

r ~~~~.
P. DENNY
Associate Warden, West Facility
California Men's Colony

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 83 of 179 Page ID #:83
l

~

lA
DEPARTMENT OF CORRECTIONS

~.--:~ GLEE REQUEST FOR INTERVIEW,ITEM OR SERVICE

AND REHABILITATION

, e ~ 10/09)
te
Kam
'

SECTION A: INMATFJPAROLEE REQUEST
NAME(PHnt):

(LAST NAME)

(FlRST NA61E)

HOUSMIGlBED NUMBER:

CDC NUMBER:

SIG

ASSIGNMEM:

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,._.

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RE:

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YOPIC Q.E MAIL, CONDITIOp{OF

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CONFINEMENT/PAFiOLE, EfC.):

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CLEARLY STATE THE SERVICE OA REM REQUESTED OR
REASON FOR INTERVIEW'
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rxoD ofD~v~aY ~c~cx nrraor~wTE sox ~ **NO RECEIPT
WILL BE PROVIDED IF REQUEST.IS

NT TH2OUGH MAIL: ADDRESSED TO:~ ~',~~,~f
_
- 0 DEL-iVERED'I'Q STAFF(STAFFTO COMPLETE
BOX BELOW AAFD-GIVE(`,O~DENE~OD~COPY TOINMA
TE/PAROLEE)s .
RECEIVED BY:PRINT STAFF NAME:

DATE:

SIGNATURE:

MAILED **
DATE MAILED:~/?
/!
~

FORWARDED TO ANOTHER STAFF?
-

(CIRCLE ONE)

YES

NO

IF FOpWARDED-TO WHOM:
DATE DELIVERED/MAILED:

METHOD OF DELIVERY: (
CIRCLE ONE)

IN PERSON

BY US MAIL

SECTION B: STAFF RESPONSE
RESPONDING STAFF NAME:!

~

~ ~~

f

DATE:

~

~//

j

SIGNATURE:

/

;%

~
/

`;~
f

^

DATE RETURNED:

~~

,",:~

SECTION C: REQUEST FOR SUPERVISOR REVIEW

PROVIDE REASON WHY YOU DISAGREE WITH STAFF
RESPONSE AND

s
:

~,

~

—

FORWARD TO RESPONDENT'S SUPERVISOR IN

PERSON OR BY US MAIL. KEEP FINAL CANAR

Y

=

" SIGI~`A~T AE:
DATE SUBMfTTER

~

~'.~

GFCTInN ilr SIIPFFiVISAR'S REVIEW
pECEIVED BY SUPERVISOR (NAM ~:

~
DATE:

Distribution'. Oriri{ral - Retum to Inmate/Parolee; Canary -Inmate/
Parolee's

SIGNATURE:

DATE RETURNED:

2nd Copy; Pink -Staff Members Copy; Goldenrod
- Inmate/Parolee's 1st Coov

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 84 of 179 Page ID #:84

_~

~
DEPARTMENT OF CORRECTIONS AND REHABILITATION

_ r

~NTERVI~W, I i ~M ors ~FRVICE
._ ~,
-.
STATE OF CALIFORNIA

-

'

I NMATE/PAROLEE REQUEST FOR INTERVIEW, ITEM OR SERVICE
CDCR 22(10/09)

SECTION A: INMATE/PAROLEE REGIUEST
(LAST NAME)

NAME (Print):

n

(FlRST NAME)

y
~

COC NUMBER:

~~V1~`

HOUSING/BED NUMBER:
~ ~~

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TOPIC (I.E. NAIL, CONOITIO OF CONFINEMENT/PAROLE, EfC.):

TO i1
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TUR

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ASSIGNMENT:

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es rlc~i~/

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~ i s t1ti~ Res ~t~~~~-t~o~ (~C;~sc oy:± ,~t~..y f.`t ~l e~~1;fr~~>`c~,~ c~ l~.~c ~1c .~~.~ ~ rc?. G ~l~i'c l~ is c~
~

,
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S
~11e CGWi/i~c~fc..,i i ~'~..~ CG ~ vec-~.
METHOD OF DELIVERY(CHECK APPROPRIATE BOX~
*NO

RECEI - T WII.L BE PROVIDED IF REQUEST IS MAILED **
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/

SENT THROUGH MAIL: ADDRESSED TO:~~ C~DUityU~~G1e ~. ~/~FT ~

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DATE MAILED:

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~G

ELIVERED TO STAFF(STAFF TO COMPLETE BOX BELOW A1VD GIVE GOLDENROD COPY TO INMATE/PAROLEEj:
FiECE1VED BY: PRINT STAFF NAME:

DATE:

SIGNATIIHE:

FORWARDED TO ANOTHER STAFF?
(
CIRCLE ONE)

DATE DELIVERED/MAILED:

IF FORWARDED —70 WHOM:

VES

NO

METHOD OF DELIVERY:
(
CIRCLE ONE)

IN PERSON

BY US MAIL

SECTION B: STAFF RESPONSE
RESPONDING STAFF NAME:

DATE:

SIGNATURE:

~5 1

SECTION C: REGIUES`T FOR SUPERVISOR REVIEW

DATE RETURNED:

I (~ 1

~

G(,~,{,LJ(~~

f'e V t` ~~~~-

PROVIDE REASON WHY YOU DISAGREE WITH STAFF RESPONSE AND FORWARD TO RESPONDENT'S SUPER VISOR IN PERSON OR BY US MAIL. KEEP FINAL CANARY

GN TURE:

DATE SUBMITTED:

— ~

~— l to

SECTION D: SUPERVISOR'S REVIEW
flECEIVED BY SUPEPVISOR (NAME):

~~- ~- ~~sr~
j
~fi~~
r ~'
s

GATE:

t~~u~~

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SIGNATURE:

GATE RETURNED:

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is ~ care

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~~, it t, ~~~/ ~'~L r~ /~~r'!~~, SS wr% >,t ' 'llfl=

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 85 of 179 Page ID #:85
~

iTA1EOI-cAurUKNIA

,..~ ..._... _. _,...,._...._.._. .. -----.-.--

1

N MATE/PAROLEE REQUEST FOR INTERVItW, ITEM OR SERVICE
:
DCR 22(10/09)

SECTION A: INMATE/PAROLEE REQUEST
(LAST NAME)

NAME (Printk

(FIRST NAME)

~

~~.~!

~

~

`

URE

~ ~ l~ ~.J

I~ +

ASSIGNMENT:

HOUSINGIBED NUMBER:

~3 Y

CDC NUMBER:

G

"1$/~RLY STATE T E SER
1

HOURS FROM~M

~
r~ . ~

r

1

SON F R INT

E OR ITE I~EQUES ED O

VIEW:

TO IC (I.E. MAIL, CONDITION OF CONFINEMENTIPAROLE, EfC.~:

—r~' ~~~

o—

Tw ~-ati ~-~"r~c•l r~ p ~-~ ~ r~s
►..~

~ ~ C'r~.~~ec~ ~~ ~ ~- ~`~zrx~... ~c ~-s~ S~~~~
~.,r~~~ ra.; r'-r►z~ :,~ t-l._c j4,?cS~%vc

b

TO ``!

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W~ILL BE P OVIDED IF REQUEST IS MOILED **
~rxo~ of DELivExY ~c~c~ .arrxor►ua~ sox ~ * *NO RECE PT ,/
ENT THROUGH MAIL: ADDRESSED TO: C~~L~ ~eCGY1j ~ ~lCelal~In .

DATE MAILED: "~/ °~/~

u DELIVERED TO STAFF(STAFF TO COMPLETE BOX BELOW AND GIVE GOLDENROD COPY TO 1NMATE/PAROLEE):
RECEIVED BY: PRINT STAFF NAME:

SIGNATURE:

DATE:

FORWARDED TO ANOTHER STAFF7
(
CIRCLE ONE)

DATE DELIVEREDIMAILED:

IF FORWARDED— TO WHOM:

RESPONDI

IN PERSON

BY US MAIL

~~
%

DATE:

STAFF NAME:

NO

ME?HOU OF DELIVERY:
(
CIRCLE ONE)

SECTION B: STAFF RESPONSE

YES

DATE RETURNED:

r~•~

SECTION C: REQUEST FOR SUPERVISOR REVIEW
PROVIDE REASON WHY YOU DISAGREE WITH STAFF RESPONSE fSND FORWARD TO RESPONDENTS SUPERVISOR IN PERSON OR BY US MAIL. KEEP F1NAL CANARY
COPY.

SECTION D. SUPERVISOR'S REVIEW
RECEIVED BY SUPERVISOR (NAME):

0

~ ~

DATE:

~

SIGNATURE:

~

DATE RETURNED:

~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 86 of 179 Page ID #:86

Inmate/Parolee Request for Interview, Item or Service
CDCR 22
P65157 Adams, Ronald Lee
Section D: Supervisor's Review
have reviewed the legal documents contained in your central file under discharged California
Department of Corrections(CDCR) number C43417 and active CDCR number P65157. It was determined
that on October 22, 1981 you were convicted often counts from the Los Angeles County Superior Court
for case number A620066 and has been correctly recorded and discharged in the Strategic Offender
Management System (SOMS). The court found you guilty of committing Penal Code (PC) Section 288a(c)
Oral Copulation with Force as to Counts 3-5. In addition, the court found you guilty of PC 261.2/3
Rape/Resist Force/Violence as to Counts 8-10. The Probation Officer's Report and Legal Documents do
not reflect any documentation that the victims of your crimes were minors. PC 288a(c) states, "Any
person who participates in an act of oral copulation with another person who is under 14 years of age...
or when the act is accomplished against the victim's will by means of force..." There are no errors in the
crime description or offense codes listed on your Abstract of Judgment(AOJ). Therefore, the case will
remain recorded as reflected on your legal documents and no letter will be sent to the court for
correction. I have contacted the court to request any certified copies of any Minute Orders dated on or
after February 28, 2003 from the Los Angeles County Superior Court for case number A620066. If there
are any corrections to your case you will be notified via a Legal Status Summary.
Since you were incarcerated prior to January 1, 1993 for case number A620066 the counseling staff
would have had to complete a review of your central file to determine if you met the visiting restriction
criteria under PC Section 1202.05. It was counseling staff's responsibility to notify you by way of a CDC
Form 128b, General Chrono, which required your signature verifying notification. After effective notice
was provided to you, the CCI was to notify the Correctional Case Records Manager(CCRM)that the
inmate is within the restrictive criteria of PC Section 1202.05. At this point, the Correctional Case
Records Analyst(CCRA) was responsible for notifying the sentencing court, obtaining a court order to
restrict visiting with the child victim, and informing counseling staff. Then counseling staff is responsible
notifying the visiting staff. Once the court order was received by the facility, the inmate was to be
notified on a CDCR 128b1, Notice of Classification Hearing, which a Classification action will occur. We
have not received any amended legal documents which the court ordered PC 1202.05 Visiting
restrictions. On May 17, 2007 a Classification Committee Action conducted at Folsom State Prison
determined that you were prohibited from visiting with minors per California Code of Regulations(CCR)
Title 15 Section 3177. Case Records has not made any entries in SOMS that reflects a PC 1202.05 Legal
Mandate is required. If you disagree with the decision of a classification committee, you may file an
inmate grievance via the CDCR Form 602 appeal process as outlined in sections 3084 through 3084,9 per
CCR Title 15 Section 3173.1(g) Visiting Restrictions with Minors.

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 87 of 179 Page ID #:87

EJ

T. Montgo ery, CC

7 ~~\i~~

J

e 21, 2016

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 88 of 179 Page ID #:88

is
695
" ning For:
`
'
~~DC 603 Inmate/Parolee Appeals
CDC 1824 Reasonable Modification or Accommodation Request

RE: Screening at the FIRST Level
Wednesday, December 30, 201S
ADAMS, P6~1.57
C 00~ 3346001E
VISITING,, 12/30/2015
Log Number: CMGE-15-02804
(
Note: Lod numbers are assigned to all appeals for tracking purpos
es. Your appeal is
subiect to cancellation for failure to correct noted deficiencies.l
The znciosed do~urnents are being returned to you for the following
reasons:
Yoccr appeal has been rejected pursuant to the California Code
of Regulations, Title IS,
Section (CCR) 3084.6(b)(7). Your appeal is missing necessary
supporting documents as
established in CCR 3084.3. All documents must be legible (If necess
ary, you may obtain
copy(ies) ofrequested documents by sending a request with a signed trust
withdrawalform to
your assigned counselor). Your appeal is missing:
As previously informed, you must complete another CDCR 22form and submi
t to the staff
mem5er/area involved in this incident. Ifyou are not satisfied with the staff
response on the
C
DCR 22form,you need to send it to the supervisorfor review. Once you
have completed the
DCR 22process through the supervisor"s level, you may submit an appeat
C
at that time.

L±

K. Martin, SSA (A)
M. Mandella, OT
R. Ochoa, CCII
G. Luz, OT
__, H. Cervantez, CC-II
Appeals Coordinator
CMC
'

NOTE: If you are required to respond/explain to this CDCR Form
695, use

only the lines provided below.

Be advised that you cannot appeal a rejected appeal, but should take the correct
ive action necessary and
resubmit the appeal within the timeframes specified in CCR 3084.6(x)
and CCR 3084.8(b). Pursuant to
CCR 3084.6(e), once an appeal has been cancelled, that appeal may
not be resubmitted. However, a
separate appeal can be filed on the cancellation decision. The original appeal
may only be resubmitted if
the appeal on the cancellation is granted.
i~'OTE THIS CDCR 695 IS A P~Rn'IANEN'I' APPEAL ATTACHML~"T'AND IS
NOT TO BE REMOVED

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 89 of 179 Page ID #:89
r~
-

rn~a
M 695
_,keening ~'or:
CGC 602 lnmate/Parolee Appeals
CDC 1824 Reasonable Modification or Accom
modation Request

RE: Screening at the FIRST Level
F
riday, December I8, 201S
ADAMS, P65157
C 005 3346001E
VISITING,, 12/18/2015
Log Number: CMC-E-15-02804
(
Note: Lod numbers are assigned to all
appeals for tracking purposes. Your appeal
is
subject to cancellation for failure to corr
ect noted deficiencies.)
The enclosed documents are being returned to

you for the following reasons:

Your appeal has been rejected pursuant to
the California Code of Regulations, Title
IS,
Section (CCR) 3084.6(6)(7). Your appeal
is missing necessary supporting document
s as
established in CCR 3084.3. All documents
must be legible (If necessary, you may obta
in
copy(ies) ofrequested docu`nents by.sending a
request with a signed trust withdrawalform
to
your assigned counselor). Your appeal is missing:
- Completed CDCR 22 through the Supervisors

Leve!

Complete another CDCR 22form and submit to the
staff member/area involved in this
incident. Ifyou are not satisfied with the staffresp
onse on the CDCR 22form,you need to
send it to the supervisorfor review. Once you have
completed the CDCR 22process through
the supervisor's level, you may submit an appeal at that
time.
d`..,
~~ K. Martin, SSA (A)
—
M. Mandella, OT
_
R. Ochoa, CCII
_ J. Javaux, AGPA
G. Luz, OT
H. Cervantez, CC-II
Appeals Coordinator
CMC

\

~~

~ ~.
~~~
p
1,

~r
~ J^
~~~

1~TE: If you are required to respond/explain to
this CDCR Form 695, use only the lines provided
below.

i~A~ ~hL kt~c IafihGi~vt~+ (~F,~,

~
~'~~~,~c ~~~~~~1
11

r°

r~Ft~r a~1 ~-1~i5 tiiS:~Ay►~•,~ :i~'.~uc. /~' /ICJ

~~c 13 /try ,:fir J-~~ ~~
L ~,l« ,1~:~ o~.~ ~-~L ~ fJ~4S~r,~{-~- ~.1;n~,~.~

zF
~ L"it
eC~'
Be advised that you cannot appeal a rejected appe
al, but should take the corrective action neces
sary and ~7- ~ $i7>c
resubmit the appeal within the timefi~ames spec
ified in CCR 3084.6(a) and CCR 3084.8(6). Pursu
ant to ~„~z ~kr
CCR 3084.6(e), once an appeal has been cancelled
, that appeal may not be resubmitted, Howe
ver, a
separate appeal can be filed on the cancellation decis
7
ion. The original appeal may only be resubmitte
d if
~'~~`~~~s
the appeal on the cancellation is granted.
NOTE THIS CDCR 695 IS A PERMANENT APPEAL
ATTACHMENT AND IS NOT -TO BL l7EMOV~D

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 90 of 179 Page ID #:90
~

~

.NfA ~
'LEE.APF'E~4L
O
~
. (REV. 08/9)
—
—--

DEPARTMENT OF CORRECTION

S AND REHABILITATION

IAB'tJSEONLV

'~__~_~,----------

Side 1
--~,----

~ InstituUoo~FarolP Region

Log fir:

Category

,~ - ~~-~-~ ~_-_Q-2_$_:0.4 -~~~__
~ORSTAFFUSFONLY
You may appeal any California Department of
Corrections and Rehabilitation (CDCR)
decision, action, condition, policy or
dverse effect upon your welfare and for which
a
regulation that has a material
there is no other prescribed metho
d of departmental review/remedy available.
Regulations, Title 15,(CCR) Section 3084.1. You
must send this appeal and any suppor
See California Code of
ting documents to the Appeals Coordinator
days of the event that lead to the filing of this appea
(AC) within 30 calendar
l. If additional space is needed,
~o
one CDCR Form 602-A will be accepted.
further guidance with the appeal process. No
reprisals will be taken for using the appea
Refer to CCR 3084 for
l process.
Ap eal is subject to re'ection if one row of
text per line is exceeded.
WRITE, PRINT, or TYPE CLEARLY
Name (Last; First):
in black or blue ink.
CDC Number
UniVCell Number:
Assignment:
State briefly the subject of your appeal(Exam

ple: damaged N,job removal, etc.):

A Explain your issue (If you need more
.
space, use Section A of the CDCR 602-A

):/~ L~O/:

rC~^f~".v~tJftL
~C~~~5~~' I~ o~ C'
~C. Sc_.~ G~ t~1.. ~ ~CIr^ 22 ~n.~c..~ L
11- ~c' C S
~ C~~

~~

~ ~~ ~r2v~~~~ C.~ is k1,~ cc~ c.~1 ~-k

c~ ts~„ ~ ~~C
~ l~~~i.~Y. ife~s .L r3c.~~c~e~ l~~ ~-1,.~
- ~1_r rc~~-r~ck~~~1 . Idc.sc cry d~l~P
s
B Action
.
requested (If you need more_space, use Secti
on B of the CDCR 602-A):~ .A~~
Lesfit>
^~.0 C.~ ~L~~IliCi f )C~~.. ~t~..~
' ~_L~ t
~.5~ ~r..e ~U 1~~
.
t/'is~~. C`t- ~CGt"J S '~b ~i~CUS
3
S '~~P ~'Cu~ - `~~'
LSw.P~~ ~-12 ~
-~

~

~i-~CP _ ~-ti

Y`~5(iCcs~-1 cal
Suppo

Documents: Refer to CCR 3084.3.
es, I have attached supporting documents.

List supporting documents attached (e.g., CDC 1083,
Inmate Property Inventory; CDC 128-G, Classi
-- fication Chrono)
-

u No, I have not attached any supporting docum
ents. Reason

Inmate/Parolee Signature:

Date Submitted: ~~ ~+-' (S

6y placing my initials %n.this box, I waive my
right to

receive an interview.

C First Level -Staff Use Only
.
Staff -Check One: Is CDCR 602-A Attac
This appeal has been:
hed?
u No
ypassed at the First Level of Review. Go to
Sec~p E.
ejected (See attached letter for instruction)
Date t~ ~ ~ `~"'' Date
Date:
Cancelled (See attached letter) Date:
Date:
u Accepted at the First Level of Review.
Assigned to
Titfe:
Date Assigned:
Date Due:
First Level Responder: Complete a First Level
response. Include Interviewer's name, title, interv
iew date, location, and ccmplete the sectio
n belov~~.
Date of Interview:
Interview Location: __
Your appeal issue is: ❑Granted
❑Granted in Part
❑Denied
❑Other:
See attached letter. If dissatisfied with First Level
response, complete Section D.
I n:er~iewer:
___ Title:
Signature:
(Print Namej
Date completed:
`
_
Reviewer.
Titles _
Signature:
(Print Nen~e)
Date received by AC:___,_ _ _
. Use Only
~~~:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 91 of 179 Page ID #:91
STATE OF CALIFORNIA
I NMATE/PAROLEE APPEAL
CDCR 602(REV. 08/09)

DEPARTMENT OF CORRECTIONS AND REHABILITATIOM1

Side 2
D. If you are dissatisfied with the First Level response, explain the reason below,
attach supporting documents and submit to the Appeals Coordinato
r
for processing within 30 calendar days of receipt of response. If you need
more space, use Section D of the CDCR 602-A.

Inmate/Parolee Signature:

Date Submitted

E Second Level -Staff Use Only
.

Staff —Check One: Is CDCR 602-A Attached?

❑Yes

u No

This appeal has been:
u By-passed at Second Level of Review. Go to Section G.
u Rejected (See attached letter for instruction) Date:
u Cancelled (See attached letter)
I ❑Accepted at the Second Level of Review

Date:

Date:

Date:

Assigned to:

Title:
Date Assigned:
Date Due:
Second Level Responder: Complete a Second Level response. If an interview at
the Second Level is necessary, include interviewer's name and
title,
interview date and location, and complete the section below.
Date of Interview:
Interview Location:

Your appeal issue is:

❑Granted

❑Granted in Part
❑Denied
❑Other:
See attached letter. It dissatisfied with Second Level response, complete
Section F below.
Title:
Signature:
(Print Name)

Interviewer:

~ ,..\

Reviewer:

Title

Date completed

Signature:

(Erin! Name)

Date received by AC:

F If you are dissatisfied with the Second Level response, explain reason
.
below; attach supporting documents and submit by mail for Third
Level
Review. It must be received within 30 calendar days of receipt of prior
response. Mail to: Chief, Inmate Appeals Branch, Department of
Corrections and
Rehabilitation, P.O. Box 942883, Sacramento, CA 94283-0001. If you need
more space, use Section F of the CDCR 602-A.

InmateJParolee Signature:

Date Submitted:

G. Third Level -Staff Use Only
~ This appeal has been:
i ❑Rejected (See attached letter for instruction) Date:
Date:.
Q Cancelled (See attached letter) Date:
u Accepted at the Third Level of Review. Your appeal issue is ❑Granted
See attached Third Level response.

Date:
u Granted in Part

Date:
❑Denied

Date:

❑Other:

Third Level Use Only
Date mailed delivered to appellant,/

/
H Request to Withdraw Appeal: I request that this appeal be withdrawn from further review because;
.
State reason. (If withdrawal is conditional, list
conditions.)

_

_`

Inmate/Parolee Signature:
_Title: _ __

__

_

Signature:_ __ ___

_Date,
Date:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 92 of 179 Page ID #:92

NIA

~~RQLEE APPEAL FORM ATTACH
MENT

6
Q2-A (REV. 03112)

Attach this form to the CDCR 602,
Appeal is subject to rejection if

only if more space is needed. Onl
y one CDCR 602-A may be used

one row of text per line is exceeded
.

Name (Last, First):

.

WRITE,PRINT, or TYPE CLEARLY
CDC Number:

~r*1C..A.,:S

A Continuation of CDCR 602, Section
.
A only (Exp

Unit/Cell Number:

Q~S1S7

~h,~ir^ ~r.

in black or blue ink.

i~c~i`~~,

Assignment:

~~f~S ~~~

lain your issue):lt

4
~ R C~,.t`tl~ ~c1.~ '~]~~- ~~~,c~ ~11~Y
~~v~i~~~c~GxY-~1S 7~.~.F-cS`I~~
~y
C.GWv~~~c~.J t,~s~~..~ c`l1,~...
~we.~o

~' ~ f~.~iwc~ c,.xs ~-~.Jt.~t`.ve

~"

J
Z

W

CO}

CL
Q
~-Cn

Inmate/Parolee Signature:

Date Submitted: ~ ~

B Continuation of CDCR 802, Sect
.

ion B only (Action requested):

InmatPJParoleA Signature:
Date Submitted:

L~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 93 of 179 Page ID #:93
DEPARTMENT OF CORRECTIONS AND REHABILITATION

STATE OF CALIFORNIA
I NMATFJPAROLEE APPEAL FORM ATTACHMENT
CDCR 602-A (REV. 03/12)

Side 2

D. Continuation of CDCR 602, Section D only (Dissatisfied with First Level response):

Date Submitted:

InmatelParolee Signature:
F Continuation of CDCR 602, Section F only (Dissatisfied with Second Level response):
.

~`vnaturt:

___

_

Date Submitted:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 94 of 179 Page ID #:94

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 95 of 179 Page ID #:95
~ I Ctrill~ Intl it~i~ ~~~~rt ~~ J `~.~0 lopv O~~ ~~~ltilnr [e.l~~
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 97 of 179 Page ID #:97

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t

~'UP~RZC~R COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Date: February 28, 2003

HONORABLE: STEVEN SUZUKAWA
JUDGE

A620066
People of the St-ate of California
va
RONALD LEE ADAMS

F. JEFFERSON
NONE

CLERK
REPORTER

(Parties and counsel checked if present)
Counsel for the People:
Deputy District Attorney: NO APPEARANCES

Counsel for Defendant:

NATURE OF PROCEEDINGS:

NO APPEARANCES

CASE CALLED FOR H1~.BEAS CORPIIS PETITION

PETITIONER, RONALD ADAMS, SEEKS TO SET ASIDE TWO 1981 CONVICTIONS FOR ORAL
COPULATION. HE
ERRONEOUSLY FILED A WRIT OF HABEAS CORPUS, SUT Tc:E COURT WILL NONETHELESS
DEAL WITH THE
ISSUES RAISE. IN ESSENCE, PETITIONER COMPLAINS HE WAS IMPROPERLY CONVICTE
D OF A VIOLATION OF
PENAL CODE SECTION 288A(C). HE ARGUES THE STATUTE REQUIRES EVIDENCE THE
VICTIM WAS UNDER THE
AGE OF 14 AT THE TIME OF THE COMMISSION OF THE OFFENSE. THE VICTIMS HERE
WERE ADULTS.

WHILE PETITIONER IS CORRECT IN THAT THE COMPLAINT ALLEGED THE WRONG
CODE SECTION, HE CANNOT
ESTABLISH A SHRED OF PREJUDICE. HIS COUNSEL WAS PUT ON NOTICE THE PETITION
ER WAS CHARGED
WITH ORAL COPULATION. THE TRILL COURT, AFTER A BENCH TRIAL, CONVICTE
D PETITIONER UNDER THE
APPROPRIATE SECTION.

PETITIONER'S ALLEGATION HIS APPELLATE COUNSEL WAS INCOMPETENT
FOR NOT RAISING THE SAME ISSUE
IS EQUALLY WITHOUT MERIT. COUNSEL COULD NOT POSSIBLY ESTABLIS
H PETITIONER -WAS DENIED ANY
LEGAL RIGHT.

F~TIT~CP~Ll\~J ~~r~QL'i.ST r^CR P.EL2~~ IS DENIED.

A COPY OF THIS MINUTE ORDER .IS SENT TO PETITIONER VIA U.S.
MAIL AT HIS LAST KNOWN ADDRESS;

MR. RONALD ADAMS, CDC #P-65157
P.O. BOX 7599/B-4-206
PELICAN BAY STATE PRISON
CRESCENT CITY, CA. 95531

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 98 of 179 Page ID #:98
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1 875 CENTURY PARK EAST
S UITE 1340
L OS ANGLES
C ALIFORNIA 90067

ROBERT A. KASHFIAN t
R YAN D. KASHFIAN "
G EORGE E. AKWO
O LGA Y. NOVAK
G OHAR O. FAYYAZ
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r E~evn cnE

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M ATTHEW W.KRUPKE~
t .o,.~„E~ ,~ oa.~,~~E ~~~ .,~~F~w~~~.

A ttorneys and Counselors at Law
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+ 1 31D 751 7579

Tuesday, October 20, 2015

Ilxl ~E: Sie1[5 n~TEUT U TRn ~[w 4p t. C. fl[(
n 11 r.~iT"f E.G i[I off.., l'I [. t: Iw C411"LNili.t

For Immediate Delivery via U. S. First Class Mail
MR. RONALD ADAMS
#P-65157
CMCE —CALIFORNIA MEN'S COLONY EAST
P.O. BOX 8101
San Luis Obispo, CA 93409

Re:

9"' Circuit Appellate Case — rollow Up From October lG, 201 11~Iediation c:,onference
NINTH CIRCUIT COURT OF APPEALS PRO BONO ASSIGNMENT -MEDIATION
CA Case No.: 14-72413
Case Name: ADAMS v. VALENZUELA

Dear Mr. Adams,
I hope this letter finds you well. Today, Ihad aforty-five (45) minute conversation with the
mediator and the Attorney General's office. We were able to ascertain that you had a visitation
restriction for two (2) years between May 2013 and May 2015. However, we don't know the
reason for this restriction. In fact, based on my conversations with the mediator, neither the other
side nor the mediator knows the reason for this restriction. We have no documentation as to the
restriction; therefore, are unaware the reasons for it.
The purpose of the mediation and from the mediator and the Attorney General's side in this
action was to attempt to find some practical solutions to the visitation rights only. It seems that
this was the reason why your matter was referred to the mediation panel originally, according to
the mediator.
Currently, based on the abstract sentencing documents for the 1999 conviction, it does not
appear that you were sentenced with regard to being a "child sex offender". There is no evidence
that you are in fact, classified as a "child sex offender." This is according to representations

C ALIFORNIA

~-OS AhIGFLES

CULVER UTY

DISTRICT OF COLUMBIA

\YASHINGI;i;I

WWW.KASHFIANLAW.COM

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 99 of 179 Page ID #:99

1f.~ A\~lH(1F1[A\lv & 1[~~A~~lHf1F1[ A\~
LLP
A 1 i or ne ys

and

Cou n eeI o rs a t

La w

MR. RONALD ADAMS(#P-65157)
CMCE —CALIFORNIA MEN'S COLONY EAST
P.O. BOX 8101, San Luis Obispo, CA 93409

October 20, 20]5

Mediation Follow Up — 9`h Circuit Appellate Case
ADAMS v. VALENZUELA —Case No. 14-72413

Page 2 of3

made by the Attorney General. From the reading of the abstract, the fact that your abstract
-contains "P_enal_Code_667_(A)"_is_seemingly_not ind cat _v_e_of anything_related to your claim that
-- ___
you are labeled as a "child sex offender." Nonetheless, we were searching to find some kind of
resolution with the Attorney General to assist you in this forum.
However, since there is no current restriction and the sentencing documents do not refer to any
"
child sex offender" status, there it appears that nothing further that can be done with respect to
mediation, according to the Attorney General and the mediator. Meaning, they were willing to
assist in your visitation rights. However, the practical solution of visitation was achieved with
respect to your classification and visitation rights. There is currently documentation as to any
restriction that prevents you from being visited by minors such as your nieces, nephews, and
girlfriend's children. Naturally, the prior restriction was lifted not through your petition, but
rather by elapsing of time.
Currently, the mediator wants to know whether or not the panel should know about what
happened in mediation. Traditionally all information is kept away from the 9`h Circuit Panel.
However, it is your decision whether you want to release this information.
As you know, our representation was limited to mediation. Since there is no resolution at
mediation, the scope of our representation has been completed and concluded. Unfortunately,
based on the limits that the Attorney General was able to assist with, and the state of any
restrictions, it seems our hands are tied with respect to achieving any practical result with
mediation other than visitation rights.
If you have any information regarding the 2013 restriction such details as to why the restriction
was first placed or a sentencing memo that specifically states a code section that accuses you of
being a "child sex offender," we can let the Attorney General and the mediator know, and
perhaps they may be willing to consider it.
However, at this time, there is not much we are able to do given the posture of mediation, the
mediator, and the Attorney General.
tt was a pleasure working for you. We tried out best in this forum. With respect to the State
matters, we are not able to assist in State proceedings as we only do pro bono work on the federal
panel.

C ALIFORNIA

DISTRICT OF COLUMBIA

L OS ANGELES OFFICE
1 875 CEWTU RY
l 05 ANGELES,
+ 1 710 751 7578
- 1 319 757 7579

VaRN EAST
Ca 40067
P
F

CULVER CITY OFFICE
;UITE 77.10

W ASHINGTON OFFICE

501) BRISTOL PkRKV/pY, SUIT[ 10!1
C U~VEft CITY, CA 902:}0
? IC lA8 9820 P

• 1 207. 576 9a 19

'• 1 7 f0 1 ifi 0500 F

WWW I(ASH ~Id NI AW !'n~~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 100 of 179 Page ID #:100
~r

lE.~ A\~]H[ lF l(A\lv & ]E.~ A\~)H[ 1F l( A\
LLP
A t~orneyc and Counselors a~ Lew

MR. RONALD ADAMS(#P-65157)
CMCE —CALIFORNIA MEN'S COLONY EAST
P.O. BOX 810], San Luis Obispo, CA 93409

October 20, 2015

Mediation Follow Up — 9`~' Circuit Appellate Case
ADAMS v. VALENZUELA —Case No. 14-72413

Page 3 of3

Lastly, the Attorney General denies your request that they recommend this go to the Superior
--Court....They.-ha~e_stated__that _this _is _the .District_Attorney's discretion .and .scope. It is _not._.
something within the powers of the Attorney General.
We wish you the best ofluck.

DISTRICT OF COLUMBIA

C ALIFORNIA
L OS ANGELES OFFICE

GULVER CITY OFFICE

WASHINGTON OFFICE

1 U75 CEIiTU k'/ PARn EAST, SUITE 134(1
L OS ANGF LF S . Ca 900x7
~ 1 J10 751 . ..~ ~3 P

607.] GRISTOL PwRKWAY. SUITE tU0
CULLER CITY. C;; 902'0
•t 7~0 34Z 99th

+I 207 S+h ~~1 I '~

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WWW.KASHFIANLAW.COM

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 101 of 179 Page ID #:101
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te •in 2~n a~t Of ora
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person ~n sazd act byforce, viQlence~ dur particip tion of ~
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For a further and~parate cause of action, bring a differen
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set fofth in
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County of !ps Angc]es, State of California, by
information, oflhecrimeof• vio],
ation of Section 288a(c)

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of- the Penal Codc,
a felony, committed as follows: That the said
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on or about the

8th
day of Febnl3Tp~ 1981
~~ ~nd,in the County of E,os
Ankles_ Slate of Ca:.forni:,, did willfully and unDJrfutly
partiepate In Hn act oS o1'al
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commission and attempted '~
coxmis~ion of the above offense
the
personally used a-Firearn, to xit, laid defendant, RO?faLD LEE ADAhS,
a~ revolver, within the meani
of Penal Code SeC`tion 12022
ng
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A~Icd I~ open ~upciior Court of the Stitt of
hfor~~u, County 4f F.os Angcks, on motion
9~thc [fEsllict AI lorpcy of said County: ~

YOHN K. VAT! D7: kAi~IP, District Atlornry
fOr the ~dunty of Los Angeles. Sl~tc of California
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by
this
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RONALD I,EE ADAt7S

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on o~ about the

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February, 1981 'a~. aria in the Caun~y.or l,os
8th
day of
Angeles. State ot('afifo:nia,did wi(ffully and unlawfu2ly , p~tieipate i71 an act of oral .
copulation xith ~,and d
id coapel the~par~ici~ation of
said person in said act by force, violence;
dura3s, menance', and
,threat of great bodily harA.

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I is further alleged that in the con~ission
and attemptci~
cos~ission of tt~e above offense the said defendant, RO~aLD
Z~~'.~' ADAPiS,
personally used a firearao,,wo xit~ a rewlver within
the meaning
of Penal Code Sections l 22.3 and 1~03.0v(a)~1).
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For a fur[j~cr and scparatc wusc of action, being a differcnl offenu of tha some class criincs
of
and offenses as the charge
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3~ORALD I.EE ADAl'iS
the said

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Filed in o~cn Su~rior ('ourt of the ~St~tc of
ali(ornia. County of L s Angrks, o~ motion
o f the bistrir[ Atlornc of ciid Counly.
DATED:

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IO11N K- VAA! DL 1:AMP, District Aiiorner
for Ifx County of [_os A~ip.-Irs. Si~i. of C~;i(~~rni~
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then 2nd [here overcorpe•by Corcc and violencC used upon and against
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and withtorce and violence,

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a femalt person, who ivas not then and there the wife of said

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unlawfull

without the consent and agains! the will oC [he said

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have and accomplish an.act of sezua] iirierrourse K•jeh and upon

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, Information, o[ the crirrm of !{.\PE, Sn viola tloA of Scclior. 261, Subdivisio
n 2,

Penal Code of California, a felony, commit led es fo1JeW~:' 7'het the said'

by said~dcfendanl.
It is--lurtheF alleged that. in the Coo~ission
and atte?~uted
fo~~lssio~l of the above offense, the
said deTen~ant, P.O;CALD L~:..ADAI'S;
~c~~so~ally u5~d•a firearm,, to xlt, a
revolver,. trith~n the weaning
oi`'
~nal Code Sectio❑ 12022.3 and 1203.06
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F~Icd in eyes Su~rrior Court n! the Slntr o!
Califq[nia, Co:~nl)• of 1.n5 ~cgcics, on (rtnlion ' '.
of the District Allomcy of sai4 CoYnly.
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 105 of 179 Page ID #:105
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~ , al and in ).he County of
.o
.Los Ang.^]es, State a( California, did wiN[ully, udlawlu]]y, feloniously, and~~y_~th force and riglerce,~
'...ha4e and a~rnmplish an act of sexual inte~coucse with and upon...

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informatlq~l. of .Lhe crime b! fLAT'E,~ ~~olatiort o[ ~clien 761, Sulxiivision 2
;

Pehal Cade n( Catilornla,-e felony, committed as follows: 1'ha! 4he said

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Ihrn .and there rezislcd the accomplishment of uid act of sexual intcrcoursc~bul her resistance was
then and there ovtrconie by Coree and violroCe used upon and a6ainsl Ih'r said
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~~`•by said ;dcfendant ,
It is Surther alleged thaE in the coagnission and
atteranted
of the above ofSense 'the said deSendant RON-4LU •i„E ADAt;S,
per~onally used a fireara~ to tiit a revolver
kiU~iin the meaning _
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oS Penal CodeTSections 1203.06(a)~1) and 1202c~.3.
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 106 of 179 Page ID #:106
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RONALD LEE ADAMS

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Is~ccused by the District Attorney of and Lor tae County of Los Angtles, &late u[ California, Dy Lhis
Y
information, of the crime of HAYS, in v~btalion of Scclion 261, £ubdivivon 2, r
•~

Penal Code of Uli.ornia, a [Elony, committed u Lollows: Vial the sald~

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op or about the

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Febz'u~.ry, 1 81

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ROlikJ,D I,E:E ADAT'1$

', at and in the County o[

Lqs Angeles, Slalr of Calilornla,~id willfully, unlawfully, lelooiously, and with forte and violence,
ha~~e land accomplisu an act of sexual interrou~e ~y~ih and upon

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a.(rinale person, who was noI Ihcn end ~herc the wife o(said
.,
witl~cut the consent anU aguinsl Lhc will of~lhe said

RDNAL~ LF.E ADA1`u
r

a'nd she, the s.n~1
Ihen and there resisted [he accompliehmcnl~o{ said act of scx~al intercnurse but her rrys{ance was
t hen and them overrorl~e by Corce and vioten~e used upon'ana against. the laid
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co~~?ysion of the above offense, th2 said defendant, ROi~AL"
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* person-illy used a firearm, to ~+it y a revolver, within the me ~ ii~~
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of l`enal Code actions .12U3.~(a)~1) ancf 12022.3.

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M. MICHAUD. CCU

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P65'l57

FOR CONSIDERATION

x/10/07

DEPARTMENT OF CORRECTIONS AND REHABILITATION
CDC-128-89 (3-88)

COPY TO INMATE

TITtE

CCI

lNSTfTUTION

FSP

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❑INCREASE #N CUSTODY
u ASSIGNMENT TO SECURITY kQUSiNG
u OTl~ER
Initial Classification Commfttee

ROUTING INSTRUCTIONS: ORIGINAL CLASSIFICAT1dN COMMfTTEE

STAFF NAME

tnifiai_

REASON:

REMOVAL FROM PROGRAM

u TRANSFER

YOU WILL ARPEAR BEFORE CLASSIFICATfOf~ COMMITTED ON
OF A MA,lOR PROGRAM CHANGE AS FQLLOWS:

E

NOT{CE OF CLASSiFICATI4N HEARING

STATE OF CALIFORNIA

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 107 of 179 Page ID #:107

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 108 of 179 Page ID #:108

INITIAL REVIEW
NO: P65157 NAME: ADAMS
MEPD: 8-25-2033 PS:49 NR: 3-08 CDC-128-G (Rev. 8140)
Custody: CLOBR WG: A2 PG: B eff: 4-Ofi-06 Assignment: U/A

S appeared before the Initial Classification Committee this date. S received advanced written notice of this
hearing as documented on the 12881 dated 5-10-07. He is a 5~0 year old BiACK 2nd-termer received into
CDC on 1-04-2000 from LA Count subseguent to a conviction for PG215 CARJACKING with
enhancements for Repeat Offender. N~N-CON 1 ROLLING of VC 10851 ~A}, Vehicle Theft. He received a
sentence of 36 years to Life. He was received at FSP from CSP-SAC for evel III placement on 5-04-a7 as
a result of non-adverse transfer with a CSR endorsement for FSP-III.
C-file reflects: H1W/D: NONE' SEX: Conviction for PC288A Oral Copulation -14 w/ Force and PC261.2,
Ra_pe with force, Violence and Threat with Use of Weapon. Arrest date of 2-08-81 and received by CDC on
-~~-82 for 25 year sentence. S is prohibited from visitinq with minors per CCR 3177; ESC: NONE;
3
ARSON: None; PC 296 Complete; REQ TO REG: PC 290; SvP: if S is a PC 29Q re9istrant and is within
nine months of release, is a SVP screening form in file"l N/A' ENEMIES:
Refer to CDC 812 for current locations. GANGS: NONE; CONF INFO: Present and audited by committee.;
DISC HX: 12-28-05, Willfully Obstruc{ing~ a~ Peace Officer. 5-23-05 Willfully Resisting a Peace Officer
Resultinq in the Use of Force. 5-23-05, Vl/ilffully Resisting a Peace dfficer Resulting in the Use of Force.
10-d7-OAF, Disrespect to Staff. 11-10-03, Grooming- Sfandards. 7 16-03, Disruptive Behavior Which
Threatened Staff 5afety. 7-08-03 Manipulation of Start. 6-15=03, Refusing to Abey Direct orders. 3-12-03,
Disrup~tive Behavior. 'f0-26-00 Willfully Delaying a Peace Officer• COMP. RESTRfCT: N/A' PC 1202.05:
N/A; MED: Meets criteria for F~/FH per CDC 128C dated 1-06-20b0; CCCMS: 128C dated $-28-07; DPP:
N/A' DDP: NCF per CDC 128C dated 2-09-2000' MDO: S does not meet offense criteria.; PC
305.6/3058.9: Applies; PC 3058.8: N/A; DVO: If S is unc~er PC 3058.6 or 3058.9 will this classification
action be within 120 daYs of his release date? No.' 1f yes, will S's release date chap~ge? N/A; TB
CODE: 22 dated 3-73-07~-Dent Class: 2; Restitution: CVO; Cc:rreht Balance: None; TABS: T.8 RGPL,~er
DVI CDC 1?_8B dated '!-2~-03.
Case was reviewed for e~llgibility, for the following programs: CCF/MCCF: Not eligible based on
time to serve.; FIRE CAMP: foot eligible based on time to serve.; MSF: Not eligible based on time to serve.;
SAP: Nat eligible based on time to serve.; REST. CTR: Not eligible based on length of term.
DOUBLE/SINGLE CELL REVIEW: A review of the central file, including disciplinary history revealed no
prior in cell vio{ence, predatory behavior toward other inmates or staff nor any case factors indicating S is
not compatible with double cell housing. Committee notes that S has been double cell housed since
reception in CDC.
INMATE'S PARTICIPATION: During committee S stated that he did not want to be at FSP. S specifically
requested to be considered for noth~ng when asked where he would like to work. S states that he foresees
no problems adjusting to the FSPIII-GP.
COMMENTS: S has prior CDC number C43417 that was archive reviewed per CDC 128B dated 8-06-01.
Committee acts to Release FSP-fly, Set custody at C~.OBR, P/O SS W/L effective 5-17-07. The inmate
stated that he did not a9ree with the committee action. S was advised of his rig ht to appeal this committee
action. Next Reclass: 308. Next BPT Hearing: 8-2011 for D c #1. S meets I~fe term criteria for Level II
housing per CCR #3375.2(a}(7).
CONCUR:
B MA FIELD P C. (C a~rperson)
.

M. C AUD,
I (Recorder)
K. M. UN
, CC 11
C CLE
.
CER, Education

cc: inmate
DATE 5-17-07

Classification UCC-V

Inst.: FSP

ADAIV~S
PGSl57

CDC-128-B Rev. 7174

1 NITlAL UCC

DATE

cc:

5/]9107

j
~isiting Sergeant

Central File {original)
Inmate

Type of Committee (lnitiat I UCC 1 ICC

On

VISITING R~STRICTIQN

Date Of Co~zi~z~ittee Action

S/y~lQ7

1
~

GENLR~IL C~~RONO

The above inmate has been restricted from visiting with minor children based on CCR 3173.1.
This decision was made during

NAI~~E and NUMBER

~<

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 109 of 179 Page ID #:109

~~'cM ~
- `~~p~ ~ S''~

7 AT~:
J

J
~ t ~~ ~ l

~c: Central File (ori~uiai)
Inmate
Visiting Lieutenant

II]5t1hit7011' '"'" ~'~"'~~

~,
~ . .~

~~?S~T~~G R?
~S'~~CT~ON '~~~/I~~X~IO?2S

Signature of staff member completing cha~ono

Printed Narne and title of staff member coinpletiz~g chronfl

Gr~I~~L CH~RONQ

visiting Staff notified by telephone ors ~ ~j

~}

cUc l~r;-~ pig,•. ai~a~

-~-~

ALL OT~-LER 112iNOP. CHILDI~N SHALL BE NON--COI~'TAG'T ~?~SITS ONLY PER CCR 3173.1

,.,

~C
. -'~c'c~'
~_

I'lie
' a~o~e innate is restr~cied fi
•om visiting with the following nunor child{ren) per CCR 3173.1(x):

1~A]V.[~ and NCJMBER

_

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 110 of 179 Page ID #:110

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 111 of 179 Page ID #:111
~

Page 1 of 1

PENAL CODE -PEN
PART 2. OF CRIMINAL PROCEDURE[68i - i62o] (Part 2 enacted 1872.)
TITLE 8. OF JUDGMENT AND EXECUTION [ii9i - i234.5~ (Title 8 enacted
1872.
)

CHAPTER i. The Judgment[ii9i - i2io.51 (Chapter Y enacted 1872.)
( Whenever a person is sentenced to the state prison on or after January 1, 1.993, for violating Section 261,
a)
i2o2.o5.

264.1, 266c, 285, 286, 288, 288a,288.5, or 289, and the victim of one or more of those offenses is a child
under the age of 18 years, the court shall prohibit all visitation between the defendant and the child victim.
The court's order shall be transmitted to the Department of Corrections, to the parents, adoptive parents, or

guardians, or a combination thereof, of the child victim, and to the child victim. if any parent, adoptive parent, or legal
guardian of the child victim, or the child victim objects to the court's order, he or she may request a hearing on the
matter. Any request for a hearing on the matter filed with the sentencing court shall be refereed to the appropriate
juvenile court pursuant to Section 362.6 of the Welfare and Institutions Code.
( The Department of Corrections is authorized to notify the sentencing court of persons who were sentenced to the
b)
state prison prior to January 1, 1993, for violating Section 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or 289, when
the victim of one or more ofthose offenses was a child under the age of l 8 years.
Upon notification by the department pursuant to this subdivision, the sentencing court shall prohibit all visitation
between the defendant and the child victim, according to the procedures specified in subdivision (a).
(
Added by Stats. 1992, Ch. 1008, Sec. 2. Effective January 1, 1993.)

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 112 of 179 Page ID #:112
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cniiC under tic a~~ o' ~=~ vear~ siiali clo:
~~'~~Itl:ll:

~I~t~.

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~1Q

C,~:~t:

r'.{`(-

a►~imai, j
~~`-~ ti ~86.~ `Se~ual~E~ assa~l,m~
n
.
w~h. s auali~ assaults and ails
c+~ .Any p~rsor
the pur"Z ma protecte~ 6~ ~~ ~~r~* ~~7 fo=
- ~ a ~i~ iuc the 5 = ua'
~--e,, nog ~,' ~ ~u~in~
~ ~./~

St~

~j~ C~PS1T'e

Oi th

pCS'S7t: 1;

,~,,, m anon. ~~~"'_ ct
Cnmina' ~rti ti~ -

e1311T1

Oi

h R715C1E-

~ i ~ b.~~-~ -'-' gal Ju< ,~'

~ ~8'. [Sams}: genet:atior sufficient to
n.
eompiete the crime, j And sexua~ penetratio
wever slight, i< su~,cient to complete the
ho
F 9.] 21
. v crime of sodom~~. f 1872: 1975 ch 71
~d Criminal Law § 2331; ~~~thin
` .Cal Jur
`-4 Crimes pp 49Y, 490.
Lewd or
,
1 ~ ~ 28&. [grimes against children:
acts: punishment.] (a) Any person
`L► ~ lascivious
it any
-~ ~ whc shall willfully and lewdly comm
lascivious act including any of the
~,,~ lewd or
ded for
~ acts constituting other crimes provi
of this cede upon or ~z~;-~tihe
~
, in Part 1
t ereoi, of a
body-, or any part or
age of 14 years, with the
~ ~ child under
arousing, appealing to, or gratifying
i
nt
such
the lust o: passions o: sexual desires of
or of such chili, shall be guilty of a
person
~
--'
:
state
felony and shall be imprisoned in the
a term of three, five, or seven
y prison for
J
'
U ~h:- ~.- years.
de(b) Any person who commits an act
force,
scribed in subdi~~ision (a) by use of
.i ~
great
~
1, violence, duress, menace, or threat of
the
bodily harm, and against the will of
.4~
of a felony and shall
,~ q ~~ '~t~ victim shall be guilty
term
be imprisoned in the state prison for a
[1901 ch Z04
,'~ ~ of three, five or seven years.
~~
§ 1; T976
~ ~ `~ § 1; 1933 ch 405 § 1; 1937 ch 545
; 1978
~ ch ll39 § 177, operative 7uly 1, 1977
-+.
17; 1979 ch 944 § 6.5.] Cal Jur 3d
'\.l ch 579 §
491-495,
~ ~ Appellate Review §§ 475, 484, 485,
S,'
inal Law §§ 1013, 1261,
~.., ,.,~ ~ 528-551, 556, Crim
1641, 2250,
"'^ ~~ 1616, 1624, 1630, 1634, 1636,
?277-2281, 2284-2257,
f~ ~ 226?, 2271-2275.
23042290, 2292, 2296-2298, 2301, 2302,
r
; Witkin Crimes pp
2307, 2826, 3068, 3?24
SOS,
44, ]22, 204, 283, 289, 324, 497, 500,
998, 1010, 1029,•
535, 567, 914, 919, 955,
203,
Criminal Procedure pp 67, 172, 173,
779,
SS7; Evidence pp 293, 377, 515, 622,
mary (8th ed) p 5546.
1107, 1125; Sum
§ 288.1. [Same: Suspension of sentence.]
any
Any person convicted of committing
ious act including any of the
lewd or lasciv
ded for
acts constituting other crimes provi
code upon or with the
in Part 1 of this
of, of a
body, or any part or member there
r?

[ is;
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i.

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~ J a c~r~ul.~t~ar ~ f a v ~~ c gnu
t 'b~
i~~h ate_ z~ ~ ~pu:a tn~ the mc'~u*h o`~
>i
lati,
one pe.scm v ~,h in_ se~;u _ c.~af .r ~~i~ ~tr~e~
}-~ersc?r..
(bl =i ~~ ~'= e_ nr~:,n - ir- ~ rior 52s.
v
as ~: rsor_ w n. ra-ticipat... it ar a;: ~ o o~ a;
person ~~ric is- ~nd~r
copulation w~itr another
I~ years oar ag shah be a~~ni~neG i~ i ,pri;~s
ty
onmen; in the state prison. or in a coun
~L
pe iod or not more tear ,one year.
jail for U
-~
'~ ~ ~,xcPpr as provided ir_ Secnor 288, and-,
the age of 21 rears who particlperson over
pates in ar act of ora~ copulation with
another person who is under 16 years of a~e'~
sha11 be guilty of a felony.
( c} Any person who participates ir: ar. ac:
~
f'b~al copulation wits another p~rsor who
o
o; age nd morP than 1G
is under 14 years
when the acs is
years younger than he
victim's v~ill by ~~
accomplished against
or
means o~ force, violence, duress, menace,
fear o'~ immediate and unlawful bodily injur}
be
on the victim o. another person. shat
punished 'b}~ imprisonment in the state
prison for three, sia or eight year
(d) Any person who, while voluntarily
r
acting in concert with another person, eithe
nall;~ or by aiding and abetting such ~1
perso
:aother person, commits ar. act of Drat copu
when the act is accom~Iished against
tion
fear of.~_
the victim's will by means of force or
e and unlawful bodily injury on the I~
immediat
hed
victim or another person shall be punis
ent in the state prison for five,
by imprisonm
seven, or nine years.
(e) Any person who participates in an act
any'
of oral copulation while confined in
ed in Section 4504 or in
state prison, as defin
inI
any local detention faci]ity as defined
be punished by impris- I
Section 6031.4, shalt
ty
onment in the state prison, or in a coun
more than one year.
jail for a period of not
of
(~ Any person whc commits an act
victim is at the time
oral copulation, and the
this
unconscious of the nature of the act and
act,
is known to the person committing the
hed by imprisonment in the
shall be punis
d
state prison, or in a county jail for a perio
one year. [1915 ch 586 ~ l;
of not more than
56
1921 ch 848 §§ 1, 2; lst Ex Sess 1950 ch
ch 23 § 3; 1955 ch 274
§ 1; 1st Ex Sess 1952
§ 1; 1975 chs 71 § 10, 877 § 2; 1976 ch 1139
490
§ 178, operative July 1, 1977; 1977 ch

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 113 of 179 Page ID #:113

i .'

i'
<I

I'"
I''
'
I

§ 2G1

DEERING'S PENAL

7.5. Obscene Matter. §§ 311-312.5.
7.6. Harmful Matter. §§ 313-313.5.
b. Indecent Exposure, Obscene Exhibitions, and Bawd~~
and Other Disorderly House
§§ 31 318.6.
9. Lotteries. §~ 319-328.
10. Gaming. §~ 33~337s.
1 U.5. Horse Racing. §§ 337.1-33?.9.
] . Pawnbrokers, Gold Buyers and Junk Dealers. §§ 343,
]
344.
1 2. Other Injuries to Persons. §§ 346-367.

,.,.
CHAPTER ]
I~:

(ail
i;

Rape, Abduction, Carnal Abuse of Children, and Seduct
ion
§ 261. Rape defined.
§ 261.5. Unlawful sexual intercourse.
§ 262. Rape of spouse defined: Time to report violation.
§ 263. What constitutes essential guilt of rape: Sufficiency
of penetration.
§ 264. Punishment for rape: Recommendation by jury: Discret
ion of court.
§ 264.1. Aiding and abetting another in rape: Punishment.
§ 265. Abduction of women for marriage or defilement:
Punishment.
§ 266. Seduction for purposes of prostitution: Aiding
and abetting: Procuring illicit sexua
intercourse by false pretenses: Punishment.
§ 266a. Taking person for prostitution without consent
or by false representation: Punish
ment.
§ 266b. Taking person by force, to live in illicit relation:
Punishment.
§ 266d. Receipt of money for placing person in custody
for the purpose of cohabitation.
~ 266e. Payment for purpose of prostitution or placing in
y
immoral house.
§ 266f. Selling person for immoral purposes.
§ 266g. Placing or permitting placing of one's wife in
house of prostitution: Punishment: Wife
competent witness.
§ 266h. Definition of pimping: Penalty: Competent witness
.
§ 266i. Pandering defined: Penalty: Competent witness
.
§ 267. Abduction for prostitution: Punishment.
§ 268. Seduction under promise of marriage: Penalty.
§ 269. Intermarriage, when a bar to prosecution.
§ 261. [Rape defined.] Rape is an act of
sexual intercourse accomplished with a person not the spouse of the perpetrator, under
any of the following circumstances:
1. Where a person is incapable, through
lunacy or other unsoundness of mind,
whether temporary or permanent, of giving
legal consent.
2. Where it is accomplished against a
person's will by means of force or fear of
immediate and unlawful bodily injury on the
person or another.
3. Where a person is prevented from resisting by any intoxicating, narcotic, or anaesthetic substance, administered. by or with
the privity of the accused.
4. Where a peisnn is at the time unconscious of the nature of the act, and this is
known to the accused.

5. Where a person submits under the
belief that the person committing the act is
the victim's spouse, and this belief is induced
by any artifice, pretense, or concealment
practiced by the accused, with intent to
induce such belief. [1872; 1889 ch 191 § 1;
1897 ch 139 § 1; 1913 ch 122 § 1; 1970 ch
1301 § I; 1979 ch 994 § 1; 1980 ch 587 § 1.]
al
C Jur 3d Abortion and Birth Control ~ 8,
Appellate Review §§ ]57, 158, 360 et seq.,
riminal Law §§ 32, 36, 209, 210, 2067,
C
2
068, 2071, 2078-2085, 2104, 2123, 2126,
2
826,• Witkin Crimes pp 204, 263, 264, 265,
2
66, 267, 268, 270, 475, 626, 919.
§ 261.5. [Unlawful sexual intercourse.]
Unlawful sexual intercourse is an act of
sexual intercourse accomplished with a fcm~ilc nut the ~F>iCe of tl~e perpetrator, ~vltere
the female is wider the age of 18 years.

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 114 of 179 Page ID #:114

Operations Manual

DEPARTMENT OF CORRECTIONS AND REHABILITATION

proof that the requirements of 3172(a) have been met or there is
explanation for the absence of a signature.
Acceptable explanations for the absence of a signature include, but are not
limited to:
•
A documented physical and/or mental condition or disability that may
exclude the inmate from mailing and/or signing the questionnaire.
Verification of inmate mailing has been established by other means,
such as a date officially stamped by the institution or by a staff
signature.
In accordance with CCR Subsection 3172(e) the visitor has been
•
directed to update a questionnaire on file by designated staff in
conjunction with a periodic review or a change in name, address,
telephone number, or arrest history.
•
When the completed CDCR Form 106 is received and processed at the
institution facility, the inmate shall receive a SOMS Notice of Visitor
Approval/Disapproval.
•
Inmates shall be responsible - for notifying visitor applicants of their
approval to visit.
•
Visitors may be required to contact the Department of Justice regarding
their criminal or arrest history.
ApprovaUDisapproval of Application to Visit
54020.8.1
The authority to approve or disapprove a CDCR Form 106 shall not be
delegated below the rank of correctional sergeant, parole agent II, or
correctional counselor II. An application to visit may be disapproved in
accordance with CCR Section 3172.1.
Arrest History Inquiry
54020.8.2
Revised April 3, 2014
Upon receipt of the CDCR Form l06 an arrest history inquiry shall be
completed and a determination to approve or disapprove visiting should be
made within 30 working days at a minimum, a Criminal Identification and
Information (CI&I) report shall be obtained if the California Law
Enforcement Telecommunication System lists a CI&I number for the
applicant. Reasons for delay beyond 30 days may be provided. to prospective
visitors upon inquiry by the individual applicant.
Notification
If the visiting application is disapproved, the applicant and the inmate shall
receive from visiting staff via SOMS Notice of Visitor Disapproval, written
notification of the disapproval and the process to appeal the decision. The
visitor shall be informed of the specific reasons) for disapproval.
Reconsideration ofDisapproval
54020.8.3
Revised April 3, 2014
Reconsideration of disapproval shall occur upon receipt of supporting
documentation and information, and included on a new CDCR Form 106
subject to the provisions of CCR Section 3172.L
Revocation of Approval to Visit
54020.8.4
Revised Apri! 3, 1014
An individual's approval to visit may be revoked when:
Information that would have resulted in visiting disapproval becomes
known after visiting approval has been granted.
•
My activity or event occurs subsequent to an approval to visit that
would have resulted in disapproval of the initial application.
Violations of State Law on Institution/Facility Property
54020.8.5
Visitor violations of State or federal law on institution facility property may
be referred to prosecuting authorities in accordance with CCR
Section 31762. The visitors visiting privileges shall be revoked pending
investigation and/or court disposition. If the visitor is not prosecuted or not
referred for prosecution, the visitor shall be subject to action in accordance
with CCR Subsections 31762(a)and (b). If the visitor is found not guilty or
a court dismisses the charges, visiting approval may be restored upon the
written request ofthe visitor.
Extenuating Circumstances for Visitor Approval
54020.9
Revised September 15, 1007
Exceptions to approval requirements for visitors may be made when death,
life-threatening illness, or injury occurs to an immediate family member,
including registered domestic partner, of the inmate.
Family emergency exceptions shall be made only for an inmate's immediate
f
amily members as defined in Section 3000 of the Title 15 or clergy.
Each request to visit because of a family emergency shall require proof of the
emergency and approval of the supervisor in charge of visiting.

Chapter 5

Visitors must present acceptable picture identification and pass an arrest
history inquiry in accordance with this Section.
The visit shall be conducted under the direct supervision of visiting or
designated staff.
54020.10
Visiting Requirements for Minors
Revised April 3, 1014
Minors shall be accompanied by an adult who has been approved to visit the
inmate.
Approval of an emancipated minor's visit requires aone-time submission of
a certified copy of the court order of emancipation. Staff shall note that the
original is certi£ed, and verification of the order shall be noted in SOMS.
The emancipated minor is subject to all the rules and regulations as set forth
for adult visitors.
If the accompanying adult is not the parent, legal guardian, or spouse of the
minor, a notarized written consent shall be required from the person with
legal custody of the minor, or a certified copy of a court order authorizing
the minor to visit while accompanied by a designated adult.
•
The notarized written consent or court order shall state the duration of
approval and must be presented each time the minor visits. The
notarized written consent must be renewed annually.
•
Staff shall note the notarized consent form is current and shall annotate
it in SOMS.
54020.10.1
Visiting Restrictions for Minors
Revised May 10, 2010
Any inmate convicted of specified criminal acts against minors shall be
prohibited from visiting with minors in accordance with provisions of CCR
Section 3173.1.
•
For inmates convicted ofPenal Code (PC) Sections) 261, 264.1, 266c,
285, 286, 288, 288a, 288.5, or 289 when the victim is a minor
visitation with the minor victim sha be prohi ite , except as
authorized by an order of the juvenile court pursuant to Welfare and
Institutions Code Section 362.6. Visitation pursuant to such an order
shall be limited to non-contact status.
•
For inmates convicted of PC Sec[ion(s) 261, 264.1, 266c, 269, 285,
286, 288, 288a, 288.5, or 289 when the victim is a minor, visitation
with any minor who is not the victim o t e came s a e limited to
non-contact status except as authorized by the Institution Classification
Committee.
For inmates convicted of PC Sections) 273a, or 273d, visitation with
•
the minor victim shall be limited to non-contact status.
•
For inmates convicted of violating PC Sections) 187, 269, 273a,
273ab, or 273d, when the victim is a minor, visitation with any other
minor shall be limited to non-contact status except as authorized by the
Institution Classification Committee.
•
When an inmate has been arrested, but not convicted of any crime
involving a minor victim included in this Section, a classification
committee shall determine whether all visitations with a minors) is to
be limited to non-contact status.
•
Untess otherwise prohibited, the inmate's visiting status shall be
unrestricted until a classification committee has done the following:
•
Made acase-by-case determination whether the inmate poses a
threat of harm to minor visitors in contact visitation.
•
Considered the circumstances of the misconduct involving a
minor victim in determining whether the inmate poses a threat of
harm to minor visitors in contact visitation. In making its
determination, the classification committee shall consider, but is
not limited to, arrest reports, probation officer reports, court
transcripts, and parole revocation transcripts.
•
if a classification committee determines that the inmate will pose a
threat of harm to minor visitors in contact visitation, it will order all the
inmate's visitation with minors be restricted to non-contact visiting
status.
•
If the inmate disagrees with the decision of a classification committee,
the inmate may file an inmate grievance via the CDC Form 602 appeal
process as ouNined in CCR Sections 3084.1 through 3085.
Processing Visitors
54020.11
Revised April 3, 10/4
Upon arrival at the visitor processing area, the visitor shall be issued a
SOMS. Visitor Pass.
Visiting staff shall:
Pa¢e 452

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 115 of 179 Page ID #:115
,'~E OF CAL`FORNIA

~

.nl"SATE/PAti20LEE REQUEST F~... ~..
CDGR 22.(1R/09)

SECTION A: INMATE/PAROLEE REQUEST
NAME (Print):

(FIRST NAME)

(LAST NAME)

SIGNATURE:'
.-

ASSIGNMENT:

HOUSINGBED lIUMBER;:

'
"

CDC NUMBER:

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fi

TOPIC (I.E. MAIL, CONDITION OF CONFINEMENT/PAROLE, ETC.):

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,~ARLY STATE THE SERVICE OR ITEM REQUESTED ORREASON FOR INTERVIEW:
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METHOD OF DELIVERY(CHECK APPROPRIATE BOX) **NO

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Q`SENT THROUGH MAIL: ADDRESSED TO:

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RECEIPT WILL BE kROVIDED IF REQUEST IS MAILED **
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DATE MAILED:

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u DELIVERED TO STAFF(STAFF TO COMPLETE BOX BELOW AND GIVE GOLDENROD COPY TO INMATE/PAROLEE):
RECENED BY: PRINT STAFF NAME:

DATE:

SIGNATURE:

FORWARDED TO ANOTHER SiAFF9
(
CIRCLE ONE)

IF FORWARDED — TO WHOM:

DATE DELNEREU/MAILED:

YES

NO

METHOD OF DELIVERY:
(
CIRCLE ONE)

IN PERSON

BY US MAIL

SECTION B: STAFF RESPONSE
RESPONDING STAFF NAME:

DATE:

SIGNATURE:

DATE RETURNED:

SECTION C: REQUEST FOR SUPERVISOR REVIEW
PROVIDE REASON WHY YOU DISAGREE WITH STAFF RESPONSE AND FORWARD TO RESPONDENTS SUPERVISOR IN PERSON OR BY US MAIL. KEEP FINAL CANARY
COPY.

SECTION D: SUPERVISOR'S REVIEW
RECENED BY SUPERVISOR(NAME:

DATE:

SIGNATURE:

DATE RETURNED:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 116 of 179 CORRECTIONS#:116
Page ID AND REHABILITATION
~IFORNIA~
~' ~ARTMENT OF

uvw~.,~ c~rAROLEE REQt1EST FOR WTER~I
CDCk 22(10/G9)
~
,

V, ITEM OR SERVICE
~
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~ECTfON A.INMATE/PAROLEE REQUEST
NAME(Print:

(LAST NAME)

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liOUSING/BED NUMBER:

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SENT THROUGH MAIL: ADDRESSED TO

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PROVIDE REASON WHY YOU DISAGREE WITH STAFF RESPONSE AND FORWARD TO RESPONDENTS SUPERVISOR IN PERSOl~ OR BY US MAIL.- KEEP FINAL;CANARY
COPY.

SECTION D. SUPERVISOR'S REVIEW
RECENED BY SUPERVISOR (NAME):

DATE:

SIGNATWRE:

DATE RETURNED:

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-

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 117 of 179 Page ID #:117

STATE OF G~ALIFOFNIA
INMATFJPAROLEE APPEAL
CDCR 602(REV. 08/09)

DEPARTMENT OF CORRECTIONS AND REHABIL

ITATION

Side 1

IAB USE ONLY i
I nstitution/Parole Region:

_,
Log #:

Category:

i
FOR STAFF USE ONLY
You may appeal any California Department of Corrections and
Rehabilitation (CDCR) decision, action, condition,
policy or regulation that has a material
adverse effect upon your welfare and for which there is no other ore~~r~ti^a -- '•
tmental review/remedy available. See Californ
Regulations, Title 15,(CCR) Section 308a i "~•~ -ia Code of
~ments to the Appeals Coordinator (AC) within 30
days of the event that lead to the fil
calendar
)CR Form 602-A will be accepted. Refer to CCR
further Quidance with the appeal pros
3084 for
Appeal is subject to rejection if c
S
WRITE, PRINT, or 1
CLEARLY in black or blue ink.
Name Las Firs[):
(
~
Unit/Cell Number:

Assignment:

~W WL~

State briefly the subject of your a~

~ ~ v~ =b 1~~~ r.;
~-ilc

s ARC,;Z ~ 201

A. xplain your issue (If you neec

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CMC APPEALS

OFFICE

+f..3~~.,~'Q 1

MAY Q 6 2016

B. Action requested (If you need m

GFF t
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L-KC~i1.cT ~J ~
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~

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CMC APPEALS OFFICE

M AY 27 2016
CMC APPEALS oFFiC~

S pporting Documents: Refer to CCR 3064.3.
Yes, I have attached supporting documents.
List supporting documents attached (e.g., CDC 1083, Inmate Propert

y Inventory; CDC 12$-G, Classification Chrono):

u No, I have not attached any supporting documents. Reason

Inmate/Parolee Signatu

__~ By placing ~

Date Submitted:"'C ~ ~J
'
l

s in this box, I waive my righ4 to receive an interview.

C First Level -Staff Use Only
.
Staff -Check One: Is CDCR 602-A Attached?
'Yes
u No
This appeal has been:
u Bypassed at the First Level of Review. Go to Secto~
,~r~ ~ O tU~~
~il~~~ L ~j
~
'~iejected (See attached letter for instruction) Date: HI
1Ufv
~
aTe: __
Date: _
Date:
u Cancelled (See attached letter) Date:
Accepted at the ~t Level of Review.
~y~~~
Assigned to:~~~h h~
----- Title: T"J ~YW~ _Date Assigned:
4►1~
p_ Date Due:_~~~J~p_
First Level Responder Complete a First Level responses.
elude ~r,'erdiev~2r's name. title, interview date, o tion,
a^d complete the se~tio~ below.
Date of Interview:
_~~~____
__ Inter✓iz~r~ Location: _ _~~~__
_,
__,___,_____
Your appeal issue is: ~ Granted
❑Granted in Part
Q Denied
❑Other: __
~]
J ~ h See at+ached letter. If dissatis`ied a+ith First Level
.
'
response, rr~plete Section D
~
C~~~su~Cua"„^ —_v~J'-~ J-~~'~1~_~_e__ Tide'
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 118 of 179 Page ID #:118

STATEt7h` CALIFORNIA
INMATE/PAROLEE APPEAL FORM ATTACHMENT
CDCR 602-A REV. 03/12)

DEPARTMENT OF CORRECTIONS AND REHABILITATION
Side l
IAB USE ONLY j Institution/Parole Region:

'i CSC-~

Log #:

Gategory:

1~^Q~~23
F
OR STAfF USE ONL Y

Attach this form to the CDCR 602, only if more space is needed. Only one CDCR
602-A may be used.
Appeal is subject to rejection if one row of text per line is exceeded. WRITE, PRINT,
or TYPE CLEARLY in black

-

or blue ink.
Auignment:

1~4 ~an~.s

~r~l~-~-

~ ~3SG

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A Continuation of CDCR 602, Section A only (Explain your issue):~
.

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CMC APPEALS OFFICE
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Inmate/Parolee Signature:

Date Submitted:
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B Continuation of CDCR 602, Section B only(Action requested):
.

InmateJParolee Signature:

Date Submitted:

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 119 of 179 Page ID #:119

State oT California
CDC FORM 695
Screening For:
CDC 6~2 Inmate/Parolee Appeals
CDC 1824 Reasonable Modification or Accommodation Request

RE: Screening at the FIRST Level
F
riday, May 20, 2016
ADAMS, P65157
C 006 3356001L
CASE INFO./RECORDS,Policy &Procedures, 05/06/2016
Log Number: CMC-E-16-01023
(
Note: Lod numbers are assigned to all appeals for tracking purposes Your anneal is
subiect to cancellation for failure to correct noted deficiencies.)
The enclosed documents are being returned to you for the following reasons:
Your appeal has been rejected pursuant to the California Code of Regulations, Title IS,
Section (CCR) 3084.6(b)(8). Your appeal involves multiple issues that do not derivefrom a
single event, or are not directly related and cannot be reasonably addressed in a single
response due to this fact. You may resubmit the unrelated issues separately using separate
appeals. Be advised that you are still subject to the submission of one non-emergency appeal
every l4 ca/endar days.
After a review oJyour CDCR 602 and attached CDCR 22forms,you have multiple issues.
I you're attempting to appeal an incorrect AOJ,you'll need to submit a new appeal solely
f
regarding that issue.
I you're attempting to appeal visiting restrictions, you'll need to submit a new appeal solely
f
regarding that issue.
K. Cox, SSA (A)
R. Ochoa, CC1I
J. Javaux, AGPA
~_
G. Luz, OT
Appeals Coordinator
CMC

NOTE: If you are required to re~spond/explain to this CDCR Form 695, use only the lines provided below.
~
'~t~~'~C

~/CYf~ Ql;~~~ra._ _ Iii ill iYr~i~i G~1w._.J~ /~.~.rfC'~ ~-pr dl

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a.,(' A.clat ~~' A~'/'~Aicr"ffu ~7.~ 4fF; ~~our~U1`~
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Be advised that you cannot appeal a rejected appeal, but should take the corrective action necessary and ~'k~ /S~1'u~
resubmit the appeal within the timeframes specified in CCR 3084.6(a) and CCR 3084.8(b). Pursuant to
CCR 3084.6(e), once an appeal has been cancelled, that appeal may not be resubmitted. However, a ~~~L `
A
separate appeal can be filed on the cancellation decision. The original appeal may only be resubmitted if~~
~~
the appeal on the cancellation is granted.
~~~~w
NOTE THIS CDCR 695 IS A PERMANENT APPEAL ATTACHMENT AND IS NOT TO BE REMOVED ~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 120 of 179 Page ID #:120
Mate of California
CDC FORM 695
Screening For:
CDC 6~2 Inmate/Parolee Appeals
CDC 1824 Reasonable Modification or Accommodation Request

RE: Screening at the FIRST Level
Thursday, April 28, 2016
ADAMS, P65157
C 006 3356001L
CASE INFO./RECORDS, Policy &Procedures, 04/25/2016
Log Number: CMC-E-16-01023
(
Note: Log numbers are assigned to all appeals for tracking nurnoses. Your anneal is
subiect to cancellation for failure to correct noted deficiencies.l
The enclosed documents are being returned to you for the following reasons:
Your appeal has been rejected pursuant to the California Code of Regulations, Title 1S,
Section (CCR) 3084.6(b)(7). Your appeal is missing necessary supporting documents as
established in CCR 3084.3. All documents must be legible (If necessary, you may obtain
copy(ies) ofrequested documents by sending a request with a signed trust withdrawalform to
your assigned counselor). Your appeal is missing:
I you have not received the staffresponse on the CDCR 22form,you need to send a new
f
DCR 22form to the supervisorfor review. Once you have completed the CDCR 22 process
C
through the supervisor's level, you may submit an appeal at that time~ll'

R. Webster, OT
K. Cox, SSA(A)
R. Ochoa, CCII
__' J. Javaux, AGPA
A ppeals Coordinator
CMC

~y

If you are required to respond/explain to this CDCR Form 695, use only the lines provided below.

~ `-) e.c~~cs!
'~

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~' 1._c,Se<✓f /~ ~~T[.~~ ~/~e.vi~"'- oa!

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Be advised that you cannot appeal a rejected appeal, but should take the corrective action necessary and
resubmit the appeal within the timeframes specified in CGR 3084.6(a) and CCR 3084.8(b). Pursuant to
CCR 3084.6(e), once an appeal has been cancelled, that appeal may not be resubmitted. However, a
separate appeal can be filed on the cancellation decision. The original appeal may only be resubmitted if
the appeal on the cancellation is granted.
NOTE THIS CDCR 695 IS A PERMANENT APPEAL ATTACHMENT A1vD IS NOT TO BE REMOVED

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 121 of 179 Page ID #:121

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 122 of 179 Page ID #:122
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 124 of 179 Page ID #:124

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 127 of 179 Page ID #:127

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 128 of 179 Page ID #:128

EXHIBIT i

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 129 of 179 Page ID #:129

515

AND ALSO --

1
2

MR. DHANIDINA:

3

THE COURT:

4

MR. DHANIDINA:

AND THE ALLEGATION?

AS TO HIS ALLEGATIONS.
IT IS ALSO ALLEGED UNDER THE SAME

5

CASE NUMBER THAT YOU HAVE SUrFERED THE FOLLOWING FELONY

6

CONVICTIONS.

7

TWO COUNTS OF PENAL CODE 207; THREE COTJNTS OF PENAL CODE

8

SECTION 28B(A)(C}; TWO COUNTS OF PENAL CODE SECTION 246;

9

THREE COUNTS OF PENAL CODE SECTION 261.2 AND 261.3.

FIRST, IN CASE NO. A620066 CONVICTION OF

10

IT IS ALSO ALLEGED YOU SUFFERED CONVICTIONS

11

IN CASE N0. A611480, VIOLATION OF PENAL CODE SECTION 211

12

AND VIOLATION OF 664/211.
THERE IS ALSO ALLEGED THAT YOU SUFFERED A

13
14

NO. A619509.

16

CODE SECTION 1170.12(A) THROUGH (D), 667(B) THROUG:3 (I)

17

AS WELL AS PENAL CODE SECTION 667(A) (1) AND PEI~IAL CODE

18

667.5 (B) .

~l

VIOLATION OF PENAL CODE SECTION a96 IN CASE

15

~ ~1,~

THESE P.LLEGATIONS ARE MADE UNDER PENAL

ALL RIGHT.

19

THE COURT:

20

THE DEFENDANT:

21
22

HELL.

ALL OF YOU.
THE COURT:

YOU KNOW WHAT,-ALL YOU BURN IN

ALL OF YOU.
NOW, HE HAS TO REMAIN.

23

ALL RIGHT.

24

JUST PICK HIM BACK UP AND PUT HIM IN THE

25

HE HAS OBVIOUSLY FAINTED.

26

ALL RIGHT.

27

JUST PICK UP HIS HEAD ENOUGH THERE.

28

THE COURT HAS SEEN THESE DEMONSTFcATIONS

,~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 130 of 179 Page ID #:130

s

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 131 of 179 Page ID #:131

SUPERIOR COUR
COUNTY OF LO A

EL

PROBATION OFFICER'S REPORT
DEFENDANT'S NAMES)

~~~~~~
REPORT SF(]I IFNrG nin t
COURT CASE NO

COURT

JUDGE

SC-D

CHEROSKE

TA100955

HEARING DATE

DEFENSE AT7Y.

PROSECUTOR

6-9-99

P.D.

D.A.

RACE

DPO

AREA OFFICE

PHONE NO.

B

SWEARINGEN

SOUTH CENTRAL

[phone]

RONALD LEE ADAMS

ADDRESS (PRESENT/RELEASE)

1209 WEST SPRUCE STREET
COMPTON,CALIFORNIA 90220
BIRTHDATE

GENDER

12-27-56(43)

M

DRIVER'S LICENSE/EXP. DATE

CITIZENSHIP STATUS

N3425481

B

MAIN NO.

PROBATION NO.

CII NO.

X - 1728700

A05446204

TYPE REPORT

CUSTODY STATUS/RELEASE DATE

DAYS IN JAIL THIS CASE

ESTIMATED Q VERIFIED
123 DAYS

Probation and Sentence
Pre-Conviction (131.3 CCP)
Deferred Entry of Judgment
Post Sentence
Diversion (Specify)

T_

~MP'NDED

B OOKING NO.

5984192
PRESENT OFFENSE: LEGAL N15 I UKY

CHARGED with the crimes of (INCLUDE PRIORS, ENHANCEMENTS OR SPECIAL CIRCUMSTANCES)

~ 1999

~~}~~'
COUNT ONE - 215(A)PENAL CODE(CARJACKING);
COiTNT TVVO: 108 1(A) VEHICLE CODE(UNLAtiVFULLY DRNING OR TAKING OF A VEHICLE);
COiJNT THREE: 245(A)(1)PENAL CODE(ASSAULT WITH DEADLY WEAPON);
COUNT FOUR: 245(A)(1)PENAL CODE(ASSAULT WITH DEADLY WEAPON,BY MEANS LIKELY TO PRODUCE
GREAT BODILY INNRY);
CONTINUED NEXT PAGE)
(
CONVICTED of the crimes of (INCLUDE PRIORS, ENHANCEMENTS OR SPECIAL CIRCUMSTANCES)
PRE-PLEA

DATE OF REFERRAL

CONVICTED BY

APRIL 28, 1999

NOT APPLICABLE

COUNTS)CONTINUED TOP 8 S FOR DISPOSITION

ALL
SOURCES OF INFORMATION

PROPOSED PLEA AGREEMENT

NOT APPLICABLE

NOT APPLICABLE
DATES)OF OFFENSE

TIME(S)

~~

0630

MARCH ~S, 1999
DEFENDANT:
(SEE PRIOR
RECORD
SECTION)

~ N/A
~ ON PROBATION

❑SENTENCED TO STATE PRISON/COUNTY JAIL ON CASE
❑PENDING PROBATION VIOLATION

HOLDNVARRANTS

❑PENDING NEW CASE

u ON PAROLE-REMAINING TIME

RECOMMENDATION:
u PROBATION

~ DENIAL
u COUNTY JAIL
~ STATE PRISON

❑DIAGNOSTIC STUDY
u 707.2 WIC
u 1203.03 PC

u CYA

❑OTHER

u YES ~ NO

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 132 of 179 Page ID #:132

f

~,~~~~

1

PRESENT OFFENSE CONTINUED:

2

-(I) PENAL CODE: ON 11-24-81, CONVICTED OF
-(D) AND 667(B)
SPECIAL ALLEGATION 1170.12(A)
CODE,261.2 PENAL CODE AND 2613 PENAL CODE,NUMBER A620066;
288(A)PENAL

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

ON 12-1-77, CONVICTED OF TWO COUNTS OF 211, NUMBER A611480 AND SPECIAL ALLEGATION
667.5(B) PENAL CODE: ON 11-24-81, CASE NUMBER A620066; ALSO 496 PENAL CODE, NUMBER
A619509.

o

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 133 of 179 Page ID #:133

~~~,~~~
SOURCES OF INFORMATION (this page)

PRESENT OFFENSE:

1

POLICE REPORT

(CONTINUED)

2
3
4

-ARREST DATE

TIME

BOOKED AS

OFFENSE

LOCATION OF ARREST

ARRESTING AGENCY

3-8-99

0630

SAME

215 PENAL
CODE

1209 WEST SPRUCE

COMPTON POLICE
DEPARTMENT

5
6
7
8
CO-DEFENDANTS)

CASE NO.

DISPOSITION

9
NONE

10
11
12

ELEMENTS AND RELEVANT CIRCUMSTANCES OF THE OFFENSE:

13

ON

MARCH 8, 1999, THE DEFENDANT HAS BEEN CHARGED

1~VITH

14

CARJACICING, UNLAWFUL TAKING OF A VEHICLE AND TWO COUNTS OF ASSAULT WITH DEADLY

15

WEAPON.

16

TWO VICTIMS ARRIVED AT THE DEFENDANT'S HOME TO REPOSSESS A

1~

VEHICLE. DEFENDANT CAME RUNNING OUT OF THE HOME YELLING FOR THE VICTIMS TO STOP.

1~

HE BECAME ANGRY AND AT ONE POINT THE DEFENDANT PICKED UP A GARDENING HOE AND

19

ATTEMPTED TO HIT BOTH REPOSSESSORS. THERE WAS ALSO A PHYSICAL ALTERCATION WITH

20

PUNCHING AND HICKING.

21

THE DEFENDANT THEN JUMPED IN THE TO~V TRUCK AND DROVE OUT OF

22

THE DRIVEWAY AT A HIGH RATE OF SPEED DROPPING THE REPOSSESSED CAR 1N THE DRIVEWAY

23

OF THE

24

LOCATION..- _ ._

_

_,

_ _

OFFICERS RESPONDED TO

_ _.
1209 WEST SPRUCE, DEFENDANT'S HOME.

25

OFFICERS THEN GOT A CALL FROM 708 108TH STREET IN THE CITY OF LOS ANGELES REGARDING

2
6

THE "CARJACKING." A FEMALE CALLER, NAMED SHERI, STATED THE DEFENDANT WAS AT HER

27

RESIDEiVCE AND THAT THE TOW TRUCK WAS NEAR THE AREA OF 108TH AND VVATTSWORTH.

28

OFFICERS RESPONDED TO THE LOCATION AND RECOVERED THE TOW TRUCK.

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 134 of 179 Page ID #:134

~~£~?~'7

i

SHORTLY AFTERWARDS THEY SAW THE RED HYUNDAI THAT THE

2

DEFENDANT WAS DRIVING AFTER HE LEFT THE TOW TRUCK. THE DEFENDANT WAS ON SIGHT

3

AT 1209 WEST SPRUCE STREET.

4

THE DEFENDANT TOLD OFFICERS THAT HE HAD BEEN PEPPER SPRAYED

5

AND HAD BEEN KICKED BY BOTH MEN (VICTIMS) IN THE MOUTH. THE DEFENDANT ADMITTED

6

TO PUNCHING ONE OF THE VICTIMS IN THE HEAD WHILE JiJMPING INTO THE TOW TRUCK. THAT

7

HE THEN TOOK OFF T~O HIS FRIEND'S HOME WHERE HIS FRIEND THEN CALLED THE POLICE

8

DEPARTMENT.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 135 of 179 Page ID #:135

~Q'~~~~

1

UKc;tS OF INFORMATION (Ihis page)

VICTIM;

2
3
4

NAME

COUNTS)

BOB FORRESTER
JOSEPH REYES

COUNT ONE,TWO,THREE AND FOUR.

INJURY: PROPERTY LOSS (fl'PE /COST /ETC.)

5

NONE

6
7

INSURANCE COVERAGE

NO

8
9
10

ESTIMATED LOSS

LOSS: u YES ~ NO

NO

APPLIED FOR VICTIM RESTITUTION FUND

u UNK

❑YES

u NO

VICTIM STATEMENT:

11
12

RESTITUTION ALREADY MADE

NO

PROBATION OFFICER CALLED MR. FORRESTER WHO STATED THERE WAS NO
DAIv1AGE TO THE VEHICLE AND NO INJURIES TO EITHER OF THE VICTI1dS.

13
14
15
16
17
18
19
20
21
22
23
24

MATED LOSS TO ALL VICTIMS

RESTITUTION I

25
26

TWO

~ NOTIFIED OF P&S HEARING

NONE

YES u NO

DOES DEFENDANT HAVEINSURANCE
TO COVER RESTITUTION:

u YES ~ NO

?'7

Zs

VICTIM LIST CONTINUES NEXT P~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 136 of 179 Page ID #:136

~~~~~~
SOURCES OF INFORMATION (this page)

PRIOR RECORD:

CII; TCIS;PROBATION;SUPERIOR COURT RECORDS.

2
3

4

AKA'S:
RONALD LEE ADAMS;POKEY LEE ADAMS; RONALD THOMAS;POKEY THOv1AS; RONNIE L. TH0~1AS; ROMVI:
L. MOSES; RONALD LEE MOORS;RONME LEE ADAMS.
JiJVENILE HISTORY:

5
6

11-23-73

7
8

(DEFENDANT WAS THE DRIVER OF THE VEHICLE, A JUVENILE PASSENGER GOT OUT AND
SNATCHED A WOMAN'S PURSE. THE DEFEi~TDANT DID WELL ON PROBATION AND PAID HIS
RESTITUTION.)

9
10

2.21-75

ANAHEIM POLICE DEPARTMENT - 459 PENAL CODE (BURGLARY). ON
4-24-75, IN FULLERTON COURT MJMBER NM7501656, DEFENDANT ~ONVICfED
OF 602.5 PENAL CODE(ENTER/ETC. NONCOMI~~ERCIAL D`VELLING): SUIvL~1ARY
PROBATION, JAIL.

11
12

(THE DEFENDANT IN 1977, STATED THE OFFICERS OCCURRED AT THE DISNEYLAND PARKII~IG
LOT WHEN SEVERAL AUTOMOBILES WERE BROKEN INTO. HE WAS WITH OTHER JWE\"ICES
BUT THAT THE JUVENILES WERE RESPOIv'SIBLE AND Iv'OT HIM.)

13
14
15

8-5-76

LOS ANGELES SHERIFF'S DEPARTMENT - 459 PENAL CODE (BURGLARY). ON
9-27-76, IN TORRANCE COURT NUMBER M168477 DEFENDANT COWICfED:
T~VO YEARS SUMMARY PROBATION,JAIL.

16
1'7
18
19

LOS ANGELES SHERIFF'S DEPARTMENT - 602 WELFARE AI`TD INSTITUTIO\TS
CODE; 487.2 PENAL CODE (GRAND THEFT PERSON). A PETITION `VAS
SUSTAINED 2-28-84: HOME ON PROBATION.

(THE OFFENSE Ii~1VOLVES T~VO COUNTS OF 459 PENAL CODE. ON 8-5-76, IN COUNT OI~'E THE
DEFENDANT DROVE HIS 1968 CHEVROLET WITH CO-DEFEiVDANT RANDY SOWELL AS A
PASSENGER. THE CRIME SCENE WAS IN RANCHO PALOS VERDES. A 1975 DODGE VAN VAS
BROKEN 1NT0. A NEIGHBOR DROVE UP AND YELLED AT THE DEFENDANTS. THE
DEFENDANT AND HIS COMPANION DROVE AWAY. THE LICENSE h'[IMBER OF THE
DEFENDANT'S VEHICLE WAS NOTED.

20
21
22
23
2
4

(I:~I COUNT TWO,'THE CRIME ALSO OCCURRED IN RANCHO PALOS VERDES. THE VICTIM'S
VEHICLE WAS BURGLARIZED ON AUGUST 4, 1976, IN EARLY A.M. SEVERAL ITEMS WERE
TAKEN FROti1 THE VEHICLE AND ENTRY 1~VAS GAINED BY A PRIED WING WINDOW. THE
ITEMS TAKEN WAS SUBSEQUENTLY RECOVERED AND DEFENDANT'S CAR WAS STOPPED.
(THE DEFENDANT TOLD THE INVESTIGATING OFFICER THAT HIS CO-DEFENDANT H.AD
ASKED HIM TO GNE A RIDE TO THE PALOS VER.DES AREA SO HE COULD GO STEALING. THE
DEFENDANT BLAMED THE CO-DEFENDANT AND DENIED BREAI:ING INTO ANY VEHICLES.)

25
26
27

R _ lenenncl

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 137 of 179 Page ID #:137

~~~

1

11-8-76

2

COMPTON POLICE DEPARTMENT — 664/211 PENAL CODE (ATTEMPTED
ROBBERY); 211 PENAL COD$ (FIRST DEGREE ROBBERY). ON 12-1-77, IN
SUPERIOR COURT, NUMBER A611480 DEFENDANT CONVICTED: 36 MONTHS
FORMAL PROBATION, JAIL.

3
(THE PROBATION OFFICER RECEIVED THE PROBATION AND SENTENCE REPORT FROM
SUPERIOR COURT ARCHNES. AT 8:00 P.M., OFFICERS ARRESTED THE DEFENDANT AND
CO-DEFENDANT STEVE WILSON. THE VICTI'vIS IN COUNT ONE RESIDED IN LYNWOOD.
THE COUPLE WERE N THE MARKET BASKET PARKING LOT WHEN THE DEFENDANT'S
VEHICLE STOPPED NEAR THEM. THE CO-DEFENDANT ASKED DIRECTIONS A\TD THEN
PRODUCED A 32 CALIBER BLUE STEEL REVOLVER, POINTED AT THE VICTIMS. THE CODEFENDANT DEMANDED MONEY. THE MALE VICTIM TURNED HIS POCKETS OUT
SH0I~VING THAW HE HAD NO MONEY. THE FEMALE VICTIM STATED SHE HAD NO MONEY.
THE DEFENDANT THEN VAS HEARD TO SAY,"LET'S GO,THESE PEOPLE DON'T HAVE ANY
MO~'EY." AS THE DEFENDANT DROVE AWAY PARTIAL LICENSE PLATE NUMBER WAS
RECORDED.

c
}
5
6
'
7
g

9
(THE VICT~I IN COUNT T'~VO WAS ROBBED IN THE PARKING LOT OF A SAFE~VAY
GROCERY STORE AT ROSECRANS AND CENTRAL. THE DEFENDANT DROVE NEXT TO HER
AND SHOWED HER A MATCHBOX. HE ASKED HER DIRECTIONS TO THE ADDRESS ON THE
COVER. ?HE CO-DEFENDANT THEN BRANDISHED A tiVEAPON DEMANDII~'G THE VICTIM'S
PURSE. FEARING ~'OR HER LIFE, THE VICTIM PLACED THE PURSE IN THE CAR AND
DEN1Ah'DED BY BOTH DEFENDANTS. THE DEFENDANTS WERE ARRESTED SHORTLY
AFTER~VAR.DS. THE DEFENDANT STATED HE HAD BEEN FORCED BY THE CO-DEFENDANT
TO DRNE HIS VEHICLE TO THE CRIME SCENES. THE CO-DEFENDANT TOLD OFFICERS
THAT IT HAD BEEN THE DEFENDANT ~VHO HAD THE IDEA TO COMMIT THE ROBBERIES.
AT ONE POI~i iT THE DEFENDANT STATED THE CO-DEFEIv'DANT HELD THE GUN ON HIM.
THE DEFEiv'DANT WAS C0~IVICTED BY NRY AND FURTHER STATED THAT THE JURY
SHOULD HAD BEEN PICKED MORE CAREFULLY. THE CO-DEFENDANT VAS SENT TO THE
CALffORMA YOUTH AUTHORITY.)

1O
11
j2

13
14
15

16
4-3-80

LOS ANGELES SHERIFF'S DEPARTMENT — 484(E)(1) PENAL CODE (ACQUIRE
CREDIT CARDS WITHOUT CONSENT). ON 2-17-81, IN CULVER CITY COURT
Iv'U;~iBER N34012, DEFEI~~ANT CONVICTED: JAIL.

11-3-80

LOS ANGELES SHERIFF'S DEPARTMENT — 496 PENAL CODE (RECEIVE/ETC.
KNOWN STOLEN PROPERTY). ON 11-24-81, IN SUPERIOR COURT, NUMBER
A619509, DEFENDANT CONVICTED: TWO YEARS STATE PRISON
CONCURRENT WITH A620066. RECEIVED AT CALIFORNIA DEPARTMENT OF
CORRECTIONS NUMBER C43417.
RETURNED FOR VIOLATIONS.
DISCHARGED 5-21-98.

2-8-81

COMPTON POLICE DEPARTMENT — 288A(C) PEI`TAL CODE (ORAL
COPULATION: MINOR IS 14/ETC. BY FORCE); 261.2/261.3 PENAL CODE(RAPE
WITH FORCE AND THREAT); 12022(B)PENAL CODE(KITH USE OF WEAPON).
DEFENDANT SENTENCED TO STATE PRISON NUMBER A620066
CONCURRENT WITH A619~09. RECEIVED AT CALIFORNIA DEPARIT~ENT OF

1']

18
19
2
0
21
22
23

~ - ranann~~

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 138 of 179 Page ID #:138

~~

CORRECTIONS MTMBER
DISCHARGED 5-21-93.

C43417.

RETURNED

FOR

~~~~

VIOLATIONS.

(THE PROBATION OFFICER REQUESTED CASE A620066 FROM DEPARTMENT OF
CORRECTIONS ARCHIVES. IT WAS NOT RECEIVED. CASE THEN REQUESTED FROM
SUPERIOR COURT RECORDS. IN ERROR, SUPERIOR COURT ARCHIVES SENT PROBATION
OFFICER INFORMATION ON CASE A611480. PROBATION OFFICER RE-REQUESTED CASE
BUT NOT RECEIVED AT TIME OF DICTATION.)' ~(P~~-' ¢" ~,
'
(
~(~;

4
5

l

~~{~ ~
CODE (POSSESS ~~
-

9-20-82

SAN QUENTIN STATE PRISON - 4573.6
PENAL
DRUG/ALCOHOL/ETC. IN PRISON)-DETENTION ONLY.

4-2-84

$AN QUENTIN STATE PRISON - 4573 PENAL
NARCOTIC/ALCOHOL/ETC.PRISON)-DETENTION ONLY.

6-13-97

LOS AI`TGELES POLICE DEPARTMENT - 273.5(A) PENAL CODE (II`'FLICT
CORPORAL INJURY TO SPOUSE/COHABITANT). ON 7-17-97, SAN FERNANDO
NUMBER 7SF04051, CASE DISMISSED DUE TO DELAY.

6
7

CODE

(BRIi~1G

8
9
10
11
12

(
ON APRIL 6, 1993, DEFENDANT RETURNED TO CALffORIVIA DEPAR"IMENT OF
CORRECTIONS Iv'UMBER C43417 FOR VIOLATION. DISCHARGED MAY 21, 1998.)
1 1-7-98

13

SAN BERNARDINO SHERIFF'S - 273.5(A) PENAL CODE (INFLICT CORPORAL
INJURY TO SPOUSE/COHABITANT). ON 1-20-99, IN FONTANA COURT
NUMBER MBA022961, DEFENDANT CONVICTED: 36 MONTHS SUMMARY
PROBATION,30 DAYS JAIL.

14
15
16
17

(
DEPUTY DISTRICT ATTORIrTEY, PATRICK GOONEY, FAXED A COPY OF THE POLICE
REPORT. THE VICTIVi 1 WAS CRYSTAL DIAIvTE HARRIS. OFFICERS ARRIVED AT 14520
VILLAGE DRIVE, UNIT 1706. OFFICERS OBSERVED THE VICTIiV1 DRESSED Oiv'LY IN A TORtiT
SWEATSHIRT AND PANTIES. THE VICTLtiI WAS SCREAMING, "HELP, HELP, ARREST TI-~
MOTHER FUCKER!" THE DEFENDANT THEN EXITED THE APARTMENT AND WALKED
DOWN THE STEPS. "I'~IE DEFENDANT CASUALLY TRIED TO WALK AWAY FROM THE AREA,
HOWEVER, WAS ARRESTED.

18
19
20
21
22

(
THE VICTIM WAS OBSERVED TO HAVE RED MARKS ABOUT HER NECK AIv'D SHOULDER
AREA ALONG WITH SLX-INCH LONG RED MARK. VICTIM STATED SHE RECENED AFTER
BEING THROWN ACROSS THE CARPETING. THE VICTIM STATED THAT SHE AND T'HE
DEFENDANT HAD BEEN COHABITATING FOR THE PAST FOUR YEARS WITH NO CHILDREN.
THE VICTIM HAD ARRIVED AT 3:00 A.M.(VICTIM WORKS AT ONTARIO AIRPORT). THERE
WAS A VERBAL DISAGREEMENT AND THE ASSAULT BEGAN. PARAMEDICS ARRIVED
HOWEVER THE VICTIM DECLINED TO GO TO THE HOSPITAL. OFFICERS STATED THAT
THERE WERE RUG BURNS AND SCRATCHES ON THE NECK AND BLOOD OF THE VICTIM'S
MOUTH.)

23

- 8 -(ADAMS)

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 139 of 179 Page ID #:139

~~~J~3~
1

PERSONAL HISTORY:

JUUFiGtS Ur INFUKMAiION (this page)

PROBATION REPORT IN CASE A611480

2
3

SUBSTANCE ABUSE:

4

No record, indication, or admission of alcohol or controlled substance abuse.

5
6
7
8

Occasional social or experimental use of
X

See below: Indication /admission of significant substance abuse problem.
Referred to Narcotic Evaluator ❑Yes

u No

Narcotic Evaluator's report attached.

Additional Information
DEFENDANT BEGAN SMOKING NiARINANA PT 1977. ADMITTED NO OTHER

9
10

acknowledged.

DRUG USE.

11
12
13
14
15
16
17
18
19
20
PHYSICAL /MENTAL /EMOTIONAL HEALTH:

21
No indication or claim of significant physical /mental /emotional health problem.

22
See below:

Indication /claim of significant physical /mental /emotional health problem.

23
24

Additional Information
MILD ASTHMA.

25
26
27
28

- 9 - (ADAMS)

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 140 of 179 Page ID #:140

EXHIBIT 1

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 141 of 179 Page ID #:141
Number:
~ ~~RECTIONSgyO
`

F

o

a~
~
0.

16-14

Department of Corrections and Rehabilitation

Publication Date:
December 23, 2016

9d
Fy9

n
*

~ EOFCAL~F~Q \P
TAT
~

NOTICE OF CHANGE TO
REGULATIONS
Section(s): 3560,3561,3562,3563,3564,3565,
3570,3571,3572,3573,3580,3581,3582,3590,
3590.1, 3590.2, and 3590.3

Effective Date:
To Be Announced

INSTITUTION POSTING AND CERTIFICATION REQUIRED
This Notice announces the proposed amendments to Sections) 3560, 3561, 3562, 3563, 3564, 3565, 3571, 3581,
3582, 3590, 3590.1, 3590.2, and 3590.3 and the adoption of Sections 3570, 3572, 3573, and 3580 of the California
Code of Regulations (CCR), Title 15, Crime Prevention and Corrections, to incorporate into the CCR, provisions
concerning Supervision of Parolees.
IMPLEMENTATION: To be announced.
PUBLIC COMMENT PERIOD
Any person may submit written comments about the proposed regulations to the California Department of Corrections
and Rehabilitation, Regulation and Policy Management Branch (RPMB), P.O. Box 942883, Sacramento,
CA 94283-0001, by fax to [phone], or by e-mail to [e-mail]. All written comments must be
received by the close of the public comment period February 13, 2017, at 5:OOpm.
PUBLIC HEARING INFORMATION
A public hearing regarding these proposed regulations will be held February 13, 2017 from 10:OOam - 11:OOam in
the Kern/Colorado Room, located at 1515 S Street, Sacramento, CA 95811. The purpose of the hearing is to
receive oral comments about this action. It is not a forum to debate the proposed regulations. No decision regarding
the permanent adoption of these regulations will be rendered at this hearing. Written or facsimile comments
submitted during the prescribed comment period are given the same significance and weight as oral comments
presented at the hearing. This hearing site is accessible to the mobility impaired.
POSTING
This Notice shall be posted immediately upon receipt at locations accessible to inmates, parolees, and employees in
each Department facility and field office not later than five calendar days after receipt. Also, facilities shall make this
Notice available for review by inmates in segregated housing who do not have access to the posted copies, and shall
distribute it to inmate law libraries and advisory councils. CDCR Form 621-A (Rev. 09/14), Certification of Posting,
shall be returned to the RPMB electronically, by fax, or by mail. See Department Operations Manual Sections
12010.12.1 and 12010.12.2 for posting and certification of posting procedures.
CONTACT PERSON
Inquiries regarding this Notice should be directed to Timothy M. Lockwood, Chief, RPMB, California Department of
Corrections and Rehabilitation, P.O. Box 942883, Sacramento, CA 94283-0001, by telephone [phone] or
e-mail [e-mail]. Inquiries regarding the subject matter of these regulations may be directed to
Troy Todd, Parole Agent III, Division of Adult Parole Operations,[phone].
Original signed by:
RALPH M. DIAZ
Undersecretary, Operations
California Department of Corrections and Rehabilitation
Attachments

CDCR 1189(REV. 05/09)

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 142 of 179 Page ID #:142
i
NOTICE OF PROPOSED REGULATIONS
California Code of Regulations
Title 15, Crime Prevention and Corrections
Department of Corrections and Rehabilitation
NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and
Rehabilitation (CDCR), pursuant to the authority granted by Government Code(GC)Section 12838.5 and Penal
Code (PC) Section 5055, and the rulemaking authority granted by PC Sections 5058 and 5058.3, in order to
implement, interpret, and make specific PC Section 5054, proposes to amend Sections 3560, 3561, 3562, 3563,
3564, 3565, 3571, 3581, 3582, 3590, 3590.1, 3590.2, and 3590.3, and adopt new Sections 3570, 3572, 3573, and
3580 of the California Code of Regulations(CCR), Title 15, Division 3 concerning the supervision of parolees.
PUBLIC HEARING
:
Date and Time:

February 13, 2017 - 10:00 a.m. to 11:00 a.m.

Place:

Department of Corrections and Rehabilitation
Kern/Colorado Room
1515 SStreet —North Building
Sacramento, CA 95811

Purpose:

To receive comments about this action.

PUBLIC COMMENT PERIOD
:
The public comment period will close February 13, 2017 at 5:00 p.m. Any person may submit public
comments in writing (by mail, by fax, or by email) regarding the proposed changes. To be considered by the
Department, comments must be submitted by mail to CDCR, Regulation and Policy Management Branch,
P.O. Box 942883, Sacramento, CA 94283-0001, by fax at [phone], or by email at RPMB(a~cdcr.ca.~
before the close ofthe comment period.
CONTACT PERSON
:
Please direct any inquiries regarding this action to:
Timothy M.Lockwood, Chief
Regulation and Policy Management Branch
Department of Corrections and Rehabilitation
P
.O. Box 942883, Sacramento,CA 94283-0001
Telephone[phone]
In the event the contact person is unavailable, inquiries should be directed to the following back-up person:
S Pollock
.
Regulation and Policy Management Branch
Telephone[phone]
Questions regarding the substance ofthe proposed regulatory action should be directed to:
Troy Todd
Division of Adult Parole Operations
(
916)327-1136
AUTHORITY AND REFERENCE:
PC Section 5000 provides that commencing on July 1, 2005, any reference to the Department of Corrections in
this or any code refers to CDCR, Division of Adult Operations.
PC Section 5050 provides that commencing on July 1, 2005, any reference to the Director of Corrections in this
or any other code refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections
was abolished.

Notice —NCR 16-14, Supervision of Parolees

Page 1

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 143 of 179 Page ID #:143
1

PC Section 5054 provides that commencing on July 1, 2005, the supervision, management, and control of the
State prisons and the responsibility for the care, custody, treatment, training, discipline, and employment of
persons confined therein are vested in the Secretary of CDCR.
PC Section 5058 authorizes the Director to prescribe and amend regulations for the administration of prisons.
PC Section 50583 provides that an Emergency adoption, amendment, or repeal of a regulation by the Director
shall be conducted pursuant to Chapter 3.5 (commencing with Section 11340)ofPart 1 of Division 3 of Title 2 of
the Government Code.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW:
Current regulations provide for across-the-board enforcement of residency restrictions for specified sex offender
parolees as per PC Section 3003.5(b). In addition, current regulations: provide for the majority of parole
violations to be filed with the Board of Parole Hearings (BPH); do not specify the State Authorized Risk
Assessment Tools for Sex Offenders (SARATSO) for adult males -the Static-99R; do not include the Female
Sex Offender Risk Assessment (FSORA) for females; and do not make specific PC Section 3010.10 which
mandates the Division of Adult Parole Operations(DAPO)to file revocation petitions in superior court if a sex
offender on parole removes, disables, or tampers with their Global Positioning System(GPS)monitor.
The proposed regulations will provide compliance with the court decision In re Taylor, which requires that
residence restrictions on sex offender parolees must relate to the crime committed, have a direct relation to the
crime, and be made upon acase-by-case basis. Additionally, the proposed regulations will do the following:
update the proper jurisdiction regarding the majority of parole violations, which was moved from BPH to the
county superior courts as a result of the 2011 Public Safety Realignment Act; implement and make specific PC
Sections 290.03 and 290.04, which require DAPO to use evidence-based risk assessments and supplemental risk
assessments to determine the likelihood of sex offenders to commit a new sex crime, and specifically requires
CDCR to use the Static-99 risk assessment tool for adult males; incorporates by reference into the CCR the
Static-99R and the supplemental tools LS/CMI to measure risk of future violence and the STABLE2007/ACUTE-2007 to measure dynamic risk factors; incorporates the Department's risk assessment tool for
f
emales, the Female Sex Offender Risk Assessment (FSORA); and in compliance with PC Section 3010.10,
allows for DAPO to file revocation petitions in superior court if a sex offender on parole removes, disables, or
tampers with their Global Positioning System (GPS)monitor.
The broad objective of the proposed regulations is to update DAPO's processess and to comply with the court
decision regarding In re Taylor.
This action provides the following:
•

Removes language which is no longer applicable regarding BPH.

•

Renames Section 3570 to "Definition of a Sex Offender" and adopts new language to provide this
definition.

•

Revises Section 3571,"Sex Offender Residence Restrictions," to require these restrictions on a case-by-case
basis, and removes language that referred to an across-the-board 2,000 feet restriction for specified sex
offenders.

•

Adopts new Section 3572 "Violation of Parole for Disabling or Tampering with the Global Positioning
System Monitor."

•

Adopts new Section 3573 "Sex Offender Risk Assessment," and incorporates the Static-99R risk assessment
f adult males and the FSORA for adult females into the CCR by reference. Also incorporates by reference
or
into the CCR, the supplemental risk assments LS/CMI (for both males and females) and the STABLE2007/ACUTE-2007(for just males).

•

Provides a new definition fora "High Risk Sex Offender" in Section 3580.

•

Revises Section 3582,"High Risk Sex Offender Residence Restrictions," to remove language that referred
to an across-the-board 2,000 feet restriction for specified sex offenders and provides new language that a

Notice —NCR 16-14, Supervision of Parolees

page 2

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 144 of 179 Page ID #:144
~
f
residence restriction shall not be imposed unless it is supported by circumstances found in the parolee's
criminal history as described in Section 3571.
Removes unnecessary and duplicative language and renumbers subsections within Section 3582.
This Notice of Proposed Regulations includes revised text from the originally approved and adopted emergency
text regulations. The changes in these Proposed Text of Regulations were necessary to comply with SARATSO
Review Committee recommendations for supplemental risk assessments, and to provide correct terminology
regarding new risk category labels for the Static-99R. These changes were not initially included in the
emergency text regulations due to an oversight. The revisions to the emergency text language, which is now
included in these Text of Proposed Regulations, is as follows:
In Section 3570, to provide more clarity, the language "Chapter 5.5" was added. after "Sex Offender
Registration Act."
In Section 3573, the word "adult" was added in front of the words "male sex offender" for consistency and
clarity purposes; and, in order to provide consistency and comply with new SARATSO Review Committee
four (4) or higher" was replaced
approved risk category labels for the Static-99R, the language "a score of
with "an above average risk or higher to commit a new sex offense" regarding designating as a High Risk
Sex Offender. In addition to this section's language changes, a revised Static-99R replaces the initially
adopted Static-99R, to include the use of the new nomenclature language for the risk category labels. The
revised Static 99R is incorporated by reference into the CCR, and included in this Notice of Change to
Regulations.
In order to comply with PC 290.04(b)(2) which specifies use of supplemental risk assessments to the
Static-99R, existing subsection 3573(b) was relocated and renumbered as 3573(c) to accommodate for new
subsection 3573(b) which adds new text language to incorporate the supplemental assessments to the
Static-99R, the LS/CMI for risk of future violence, and the STABLE-2007/ACUTE-2007 for dynamic risk
f
actors. These supplemental assessments are incorporated by reference into the CCR, and included in this
Notice of Change to Regulations.
•

In new subsection 3573(c)(formerly 3573(b)) the word "adult" was added in front of the words `female sex
o
ffender/s" for consistency and clarity purposes.

•

Existing subsection. 3573(c) was relocated and renumbered as 3573(e) due to renumbering within the
section.

•

Existing subsection 3573(d) was relocated and renumbered as 35730 due to renumbering within the
section. Additionally, language which referenced "pursuant to section 3573(6) and (c)" was corrected to
"
pursuant to section 3573(a) and (c)."

•

New subsetion 3573(d) was added to incorporate the supplemental risk assessment LS/CMI for use with the
FSORA.

•

Section 3580 added the language "pursuant to the Sex Offender Registration Act, including" in front "PC
sections 290(c), ..." for clarity and consistency purposes. Additionally, language which referenced
"
pursuant to sections 3573(6) and(c)"was corrected to "pursuant to sections 3573(a) and (c)."

DOCUMENTS INCORPORATED BY REFERENCE
The Static-99R (Revised 11/2/16), FSORA (11/19/15), LS/CMI (10/28/16), and STABLE-2007/ACUTE-2007
(
10/28/16) risk assessments, as well as the CDCR Form 1650-D(Rev. 06/12), Record of Supervision, and CDCR
Form 602 (Rev. 08/09), Inmate/Parolee Appeal, are incorporated by reference into these regulations and will be
made available to the public along with the Notice of Proposed Regulations, Text of Proposed Regulations, and
Initial Statement of Reasons.
BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS:
The proposed regulations will benefit California parolees by promoting fairness and preventing discrimination
against sex offender parolees by removing blanket enforcement of PC Section 3003.5(6) on specified sex
Notice —NCR 16-14, Supervision of Parolees

Page 3

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 145 of 179 Page ID #:145
t
t
offenders. The protection of public safety will be enhanced by the use or the Static-99R and FSORA risk
assessment tools, along with the supplemental risk assessment tools LS/CMI and STABLE-2007/ACUTE-2007
to determine a sex offender parolee's likelihood of committing a new sex crime and what risk level they pose to
the community. Additionally, public safety is enhanced by DAPO's ability to file a parole revocation petition in
superior court if a sex offender on parole removes, disables, or tampers with their GPS monitor.
EVALUATION OF CONSISTENCY/COMPATIBILITY WITH EXISTING LAWS/REGULATIONS:
The Department has determined that these proposed regulations are consistent and compatible with existing state
laws and regulations. The Department reached this conclusion by reviewing existing CCR, Title 15, Division 3,
related to the supervision of parolees.
LOCAL MANDATES:
This action imposes no mandates on local agencies or school districts, or a mandate which requires
reimbursement of costs or savings pursuant to Government Code Sections 17500 - 17630.
FISCAL IMPACT STATEMENT:
•

Cost to any local agency or school district that is required to be reimbursed pursuant to
17500 et seq.:

none

•

Cost or savings to any State agency:

none

•

Other nondiscretionary cost or savings imposed on local agencies:

none

•

Cost or savings in federal funding to the State:

~.~a

EFFECT ON HOUSING COSTS:
The Department has made an initial determination that the proposed action will have no significant effect on
housing costs.
COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES:
The Department is not aware of any cost impacts that a representative private person or business would
necessarily incur in reasonable compliance with the proposed action.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT AFFECTING BUSINESSES:
The Department has initially determined that the proposed regulations will not have a significant statewide
adverse economic impact directly affecting businesses, including the ability of California businesses to compete
with businesses in other states.
EFFECT ON SMALL BUSINESSES:
The Deparhnent has determined that the proposed regulations will not affect small businesses. It is determined
that this action has no significant adverse economic impact on small business because they are not affected by the
supervision of parolees.
RESULTS OF ECONOMIC IMPACT ASSESSMENT:
The Department has determined that the proposed regulations will have no impact on the creation of new or the
elimination of existing jobs or businesses within California, or affect the expansion of businesses currently doing
business in California. The Department has determined that the proposed regulations will have no affect on
worker safety or the state's environment because the proposed regulations relate strictly to the supervision of
California parolees. The proposed regulations will benefit the health and welfare of California residents by
Notice —NCR 16-14, Supervision of Parolees

Page 4

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 146 of 179 Page ID #:146

1

i

promoting safety within California communities. There are no benefits to worker safety or the state's
environment other than those provided by the general enhancement of safety within California communities.
CONSIDERATION OF ALTERNATIVES
:
The Department must determine that no reasonable alternative considered by the Department, or that has
otherwise been identified and brought to the attention of the Department, would be more effective in carrying out
the purpose for which the action is proposed, would be as effective and less burdensome to affected private
persons than the proposed action, or would be more cost-effective to affected private persons and equally
effective in implementing the statutory policy or other provision of law. Interested persons are accordingly
invited to present statements or arguments with respect to any alternatives to the changes proposed at the
scheduled hearing or during the written comment period.
AVAILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS
:
The Department will make available the text and the Initial Statement of Reasons (ISOR) of the proposed
regulations. The rulemaking file for this regulatory action, which contains those items and all information on
which the proposal is based, is available to the public upon request directed to the Department's contact person.
The proposed text, ISOR, and Notice of Proposed Regulations will also be made available on the Department's
website httn://www.cdcr.ca.eov.
AVAILABILITY OF CHANGES TO PROPOSED TEXT:
After considering all timely and relevant comments received, the Department may adopt the proposed regulations
substantially as described. in this Notice. If the Department makes modifications which are sufficiently related to
the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the
public for at least 15 days before the Department adopts the regulations as revised. Requests for copies of any
modified regulation text should be directed to the contact person indicated in this Notice. The Department will
accept written comments on the modified regulations for 15 days after the date on which they are made available.
AVAILABILITY OF THE FINAL STATEMENT OF REASONS:
Following its preparation, a copy of the Final Statement of Reasons may be obtained from the Department's
contact person.

Notice —NCR 16-14, Supervision of Parolees

Page 5

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 147 of 179 Page ID #:147
TEXT OF PROPOSED REGULATIONS
In the following text, sir•-i~~~re~g#rindicates deleted text; underline indicates added or amended
text.
California Code of Regulations, Title 15, Division 3, Adult Institutions, Programs, and Parole
Subchapter 6. Adult Parole
Article 4. Global Positioning System Program
3560. Global Positioning System Program Establishment.
Section 3560 is amended to read:
Departmental use of Global Positioning System(GPS)technology is designed to monitor the whereabouts
of persons on parole by use of continuous electronic monitoring. The GPS program is for parolees who
are identified as requiring a high level of supervision, as described in section 3561. By placing a GPS
~as~~g monitoring device on a parolee, a parole Agent receives information about a parolee's
whereabouts, verifies the parolee's compliance with parole conditions, and is able to investigate
suspicious behavior patterns.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1,
3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054,Penal Code.
3561. Global Positioning System Technology on Eligible Parolees Designated as High Risk.
Subsection 3561(a)is amended to read:
( The California Department of Corrections and Rehabilitation (the Ddepartment) shall evaluate all
a)
parolees' criminal history and identify those parolees who require a high level of supervision, due to the
risk of victimizing the public by committing new crimes while on parole.
Subsection 3561(b)is amended to read:
( Parolees who are deemed to require a high level of supervision and subject to
b)
~
EGPS~ she
e~ monitoring include, but are not limited to:
Subsection 3561(b)(1)is unchanged.
Subsection 3561(b)(2)is amended to read:
( Any validated~Security Threat Groin member or associate as indicated on the CDCR Form 812
2)
(
Rev. 11/13), Notice of Critical Case Information-Safety of Persons (Non-confidential Enemies) or
CDCR Form 128-B2, (Rev. 06/14) Security Threat Group Validation/Rejection Review, which is
incorporated by reference.
Subsection 3561(b)(3)is deleted.

Proposed Text —NCR 16-14

12/9/16

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 148 of 179 Page ID #:148

Existing Subsection 3561(b)(4)is renumbered 3561(b)(3) and is otherwise unchanged.
{
4}~3~ When any parolee's case factors include unavailability for supervision, history of absconding parole
supervision, escalating parole violations, or other such factors that would indicate the parolee is likely to
re-offend, and where prevention ofreoffending and knowledge of the whereabouts of the parolee is a high
priority for maintaining public safety.
Subsection 3561(b)(5)is deleted.

.~

NOTE: Authority cited: Sections 5058- and 5058.3, Penal Code. Reference: Sections 3000.08
3004,
3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054,Penal Code.
3562. Global Positioning System Monitoring Device Placement Criteria.
Subsections 3562(a)through 3562(b) are unchanged.
Subsection 3562(c)is amended to read:
( The parolee shall be informed that non-compliance with the special condition of parole for GPS
c)
monitoring is a violation of parole and may result in ~e€e~r-a~~e t~c~~~~u~~=e-~~r
~~n*;~r ~~
„~;a~r~*;~ the parolee's arrest and filing of a revocation petition in the superior court.
„
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3000.08
3004,
3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054,Penal Code.
3563. Global Positioning System-Payments of Certain Costs by Parolees.
Subsections 3563(a)through 3563(a)(1) are amended to read:
( Parolees who are required to participate in continuous electronic monitoring by r'^~.^' D^~;+;^~;^„
a)
~ GPS3 pursuant to the law shall be required to pay for the costs associated with the GPS system.
f
However, the Ddepartment shall waive any or all of that payment upon a finding of an inability to pay.
The Department shall consider any remaining amounts the parolee has been ordered to pay in fines,
assessments and .restitution fines, fees, and orders, and shall give priority to the payment of those items
before requiring
the parolee to pay for *~~ ~'~'~~'„
~~~*~~M~-~R GPS monitoring.
( Ability to pay means the overall capability of the ~ parolee to reimburse the actual costs or
1)
portion of the costs, of providing
GPS monitoring.
Subsection 3563(a)(2) is unchanged.
Subsection 3563(a)(3) is amended to read:

Proposed Text —NCR 16-14

12/9/16

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 149 of 179 Page ID #:149
(3) The Department shall consider any remaining amounts a
~ parolee has been ordered to pay in
f
ines, assessments and restitution fines, fees and orders, and shall give priority to the payment of those
items before requiring
the ~e~se~ parolee to pay for the ~'~'~~' -~~~;*;~~;„~- ~~~~+~m GPS monitoring.
Subsection 3563(b)is amended to read:
( If the parolee disagrees with the Department's finding that the parolee has the ability to pay for the
b)
costs associated with tie ^'~'~~' r^~~*~^^~^^ ^~~~*~~ GPS monitoring, the parolee may file an appeal by
submitting a CDCR Form 602 (Rev. ~~ 08/09), Inmate/Parolee Appeal form to the departmental
appeals coordinator.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1,
3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054,Penal Code.
3564. Requirement for Lifetime Global Positioning System Monitoring.
Subsection 3564(a)is amended to read:
( Any parolee who has been convicted for a felony violation of a sex offense described in subdivision
a)
( of Penal Code~section 290 or any attempt to commit any of those offenses, released from custody
c)
on or after November 8, 2006, shall be subject to lifetime r='^'~~' D^~;*;^r;r~- c~~~*~m ECrpS} monitoring.
GPS monitoring shall commence within 48 hours of release from a Sstate correctional facility, or during
the first contact with a Parole Agent, whichever is sooner.
Subsection 3564(b)is amended to read:
( The ~f~~ep
b)
e~*~~reEt~e~.Ta~~~i~in~t-~e~ Department shall maintain GPS
monitoring for the entire period of parole supervision. Responsibility for lifetime supervision on GPS
monitoring will be transferred to another agency upon discharge from parole supervision and termination
of departmental jurisdictional authority.
Subsection 3564(c)is unchanged.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004 and 5054, Penal
Code.
3565. Transitioning Sex Offenders from Global Positioning System Monitoring to Local Law
Enforcement Monitoring.
Subsection 3565(a)is amended to read:
( An active parolee subject to lifetime ~''~'~~' D~~:*;~~:-~~ c~~~*~m ~GPS} monitoring upon release from
a)
custody shall be monitored by the Department
until discharged from parole and departmental jurisdiction.
Subsections 3565(b)through 3565(b)(1) are amended to read:
( Between ~1A-C9 60-90 days prior to the parolee's Ceontrolling Discharge Date (CDDS, Department
b)
'
-';~,;~:~~ ~~ ^ a„'* D~r~'o nror~*;~r~ staff shall notify, in writing, the assuming agency of the pending
discharge.~a~ Department staff shall:
Proposed Text —NCR 16-14

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(1) Make the parolee available to the assuming agency within five working days prior to the Ee~e~k~g
CDD to transition the parolee from departmental GPS equipment to the assuming agency's
equipment.
Subsection 3565(b)(2)is unchanged.
Subsection 3565(c)is amended to read:
( If no other agency assumes GPS monitoring prior to the parolee's discharge from departmental
c)
jurisdiction, the departmental GPS equipment
shall be removed and recovered from the parolee upon
reaching the parolee's r~ '~-~";r~- T';~~'~~r~-~ T'~+~ CDD.
„
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004 and 5054, Penal
Code.
Article 5. Sex Offenders
Section 3570 title heading is amended to read:
3570.

E Definition of a Sex Offender.

New Section 3570 is adopted to read:
For the purposes of Subchapter 6, sex offender means andperson currently under the jurisdiction of the
Department who has a current or prior conviction, or juvenile adjudication resulting in a commitment to a
California Youth Authority or Division of Juvenile Justice facility, listed in PC sections 290(c), 290.001,
290.002, 290.003, 290.004, 290.005, 290.006, 290.007, or 290.008. A sex offender will be required to
register upon release from custody in accordance with the Sex Offender Registration Act, Chapter 5.5,PC
sections 290 throu~,h 294, inclusive.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290(c), 290.001,
290.002, 290.003, 290.004,290.005, 290.006, 290.007, and 290.008,Penal Code.
^
3571. Sez Offender Residence Restrictions.
Section 3571 is amended to read:
sSex offenders
'
z-.~-0~, ~'°
~ ~e maw subject to residence restrictions as specified in this section with the
approval of the Unit Supervisor, on a case-by-case basis based on the particularized circumstances of each
individual parolee.
Subsections 3571(a)through 3571(a)(5) are unchanged.
New Subsection 3571(a)(6)is adopted to read:
( Residence restriction means a condition of parole, or an instruction from the Parole Agent prohibiting
6)
a parolee from residing at a location based on criteria related to the residence and the parolee's specific
individual circumstances pursuant to subsection 3571(b).

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New Subsection 3571(b)is adopted to read:
~~ The Unit Supervisor must approve a residence restriction that was proposed by the Parole A ent
before it is imposed on a sex offender. Anv residence restriction that will prohibit a parolee from residing
within any distance of a park where children re ug larly epublic or private school serving andgrades
at
of kindergarten through 12, or other location decided upon by the Parole Agent shall be justified based on
a connection between the parolee's commitment offense, criminal history, and/or future criminality, to be
determined on a case-bv-case basis.
Existing Subsection 3571(b)is renumbered 3571(c) and amended to read:
ro
,.oio„~oa ~~.,,i,,, ; o ,.oa ~„ ,.o ;~~a,.„
„~ +„ nr co,.~;,.,,~ ion
~ A sex offender
~
t~„-,,,,,.i. ion n~~~ ;,,,.~„~;..o~ may not, during the period of parole, reside in any single family dwelling with
any other person also required to register as a sex offender, unless those persons are legally related by
blood, marriage, or adoption.
Existing Subsection 3571(b)(1)is renumbered 3571(c)(1) and is otherwise unchanged.
( A residential facility located within a single family dwelling which serves six or fewer persons shall
1)
be excluded from this restriction.
Existing Subsection 3571(c)is deleted.
rtirs~
~~

~~
.~ ~

•
~~~

Subsection 3571(d)is amended to read:
( A sex offender~released on parole
d)

,
, shall not be subject to a residence restriction in
addition to subsections 3571(b) and 3571(c) above, or required by section 3582, unless that residence
restriction is supported by circumstances found in the parolee's criminal history.
Subsections 3571(e) through 3571(e)(1) are unchanged, but are shown for reference purposes.

( Residence Verification and Approval. The Division of Adult Parole Operations(DAPO)shall monitor
e)
compliance with the residence restrictions contained in this section.
( Parolees subject to residence restrictions are responsible for finding compliant housing.
1)
Subsections 3571(e)(2) through 3571(e)(3)(B) are amended to read:
( During the initial interview between.the parolee and the Parole Agent upon release from custody,
2)
and before any change of residence while under parole supervision, the parolee shall provide his or her
Parole Aagent with the address where he or she intends to reside upon verification and approval of the
Parole Agent.
( The Parole Agent shall utilize available resources to identify any public ar private schools and
3)
;
oa
~~+~~~ ~~nnn ~o~ „~ ~~,o ~ „ioo~~ ~
~*~~-~ parks where children regularly gather, '^^^+~a ~
r~~~
Ito determine if any will fall within any residence restrictions imposed on the parolee. Available
resources that maybe considered include, but are not limited to:
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(A)The California Department of Education's website= which lists public, private= and charter (a category
of public) schools.
( Internet ~e directories and navigation system services, such as MapQuest and Goole
B)
services, ~-T~'~~*~ ~-~a -~~"~~-~ -~~~~~' which list public schools by district, including city and/or county
public school directories.
Subsections 3571(e)(3)(C) through 3571(e)(3)(E) are unchanged, but are shown for reference
purposes.
( Listings provided by city halls that include local schools and parks.
C)
( Resources available on the Internet, such as satellite maps.
D)
( Observations from site visits or familiarity with the community.
E)
Subsections 3571(e)(4)through 3571(e)(5) are amended to read:
( If any public or private schools and/or parks where children regularly gathers are identified to be
4)
;
~,nnn ~o~ „~ ~,,o ,..,,.,.~oo~~ ~,.,.,.,,~~a the residence restriction, the Parole Agent
a
~re~~} within
shall use a Global Positioning System (GPS) measuring ~~ device to determine m~~t~er-a~x-y
«

~,

„ ~~ ~' *~-~„~;* r~*'~ ~* ~
*
~*~-~~* ~ r~+'~ ~- „+~ the distance from the residence to the school and/or
park. The distance shall be measured from the primary entrance of the proposed residence to the nearest
exterior property boundary ofthe school and/or park.
( Parolees shall be advised whether the proposed residence is compliant with the residence restriction.
5)
I the residence is noncompliant based on the r'Dc ~~~-~~~~*~~„ measurements taken by the Parole Agent,
f
as described in subsection 3571(e)(4) above, the actual distance and name of the prohibited public or
private school, or park where children regularly gather, and method of measurement shall be disclosed to
the parolee upon his or her request.
Subsection 35710 is amended to read:
~~
~'~*~a ~ ~~;a~
„~~ r~~*r:~*;~~ ~ -~*~;~~a ;„ *'~;~ ~~~*;~„ A parolee who has a special condition of parole
prohibiting contact with specified minors shall not be allowed to reside in any residence where a minor
with whom the parolee is prohibited from having contact also resides.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04, 290.06,
3003.5,.3008 a 3053(a) and 5054, Penal Code; Doe v. Schwarzenegger (2007)476 F.Supp.2d. 1178; In
re E.J. (2010) 47 Ca1.4th 1258; People v. Lent(1975) 15 Ca1.3d 481;~People v. Dominguez (1967)
256 Ca1.App.2d 623; United States v. Wolf,Child(9th Cir. 2012), 699 Fad 1082; and In re Tavlor (201
60 Ca1.4th 1019
.
New Section 3572 title heading is adopted to read:
3572. Violation of Parole for Disabling or TamnerinE with the Global Positioning System Monitor.
New Subsection 3572(a)is adopted to read:
( A sex offender subject to GPS monitoring by CDCR as a condition of parole, shall not remove,
a)
disable, render inoperable, or knowingly circumvent the operation of, nor permit another person to
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 153 of 179 Page ID #:153
remove, disable, render inoperable, or knowingly circumvent the operation of, an electronic, GPS, or
other monitoring device affixed to his or her person, when he or she knows that the device was affixed as
a condition of parole.
New Subsection 3572(b)is adopted to read:
( This section shall not apply if the removal, disabling, rendering inoperable, or circumventin ~of, an
b~
electronic, GPS, or other monitoring device, is performed by a physician, emer~encv medical services
technician, or by anv other emergency response or medical personnel when doing so is necessary during
the course of medical treatment ofthe person subject to monitoring.
New Subsection 3572(c)is adopted to read:
( This section shall not apply if the removal, disabling, rendering inoperable, or knowingly
c)
circumventinem
the operation of an electronic, GPS, or other monitoring device, is authorized or required
by a court, or the law enforcement, probation, parole authority or other entit~ponsible for placing
monitoring device on the person, or that has, at the time, the authority and responsibility to monitor the
electronic, GPS, or other monitoring device.
New Subsection 3572(d)is adopted to read:
( When probable cause is discovered that a sex offender has removed, disabled, rendered inoperable,
d
knowingly circumvented the operation of, or attempted to circumvent the operation of, or permitted
another person to remove, disable, render inoperable, or knowin~y circumvent the operation of the
monitoring device, notwithstanding subsections 3572(b) and 3572(c) above, DAPO shall refer the
violation to superior court.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3000.08(c) and
3010.10, Penal Code.
New Section 3573 title heading is adopted to read:
3573. Sex Offender Risk Assessment.
New Subsection 3573(a)is adopted to read:
( The Department sha11 utilize the Static-99R (Revised 11/2/16) risk assessment, which is incorporated
a)
by reference, -for adult male sex offenders. Any adult male sex offender who is assessed with an above
average risk or higher to commit a new sex offense shall be designated as a High Risk Sex Offender
(
HRSO), as defined in Section 3580, for the purposes of residence restrictions and supervision while on
parole•
New Subsection 3573(b)is adopted to read:
( The Department's contracted sex offender treatment providers shall utilize the Level of Service/Case
b)
Management Inventor~LS/CMI) (10/28/2016) and the STABLE-2007/ACUTE-2007 (10/28/2016),
which are incorporated by reference, as supplemental assessments to the Static-99R for adult male sex
offenders. The LS/CMI will measure risk of future violence of adult male sex offenders, and the
STABLE-2007/ACUTE-2007 will measure dynamic(chan~in~l risk factors of adult male sex offenders.

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New Subsection 3573(c)is adopted to read:
( The Department shall utilize the Female Sex Offender Risk Assessment (FSORALII/19/2015,
c)
which is incorporated by reference, for adult female sex offenders. Any adult female sex offender who is
assessed in the cate~ry of "Moderately High Risk" or higher shall be designated as a HRSO for the
purposes ofresidence restrictions and supervision while on parole.
New Subsection 3573(d)is adopted to read:

~d 'The Department's contracted sex offender treatment providers shall utilize the LS/CMI(10/28/2016
which is incorporated by reference, as a supplemental assessment to the FSORA for adult female sex
offenders. The LS/CMI will measure risk of future violence of adult female sex offenders.
New Subsection 3573(e)is adopted to read:
( The Department may conduct on-going risk assessments of sex offenders durin gtheir parole terms at
e)
the discretion of the Director of DAPO or their designee. These assessments shall be for the purpose of
designing treatment programs and for the supervision ofthe sex offender.
New Subsection 35730 is adopted to read:
~~pon completion of the Static-99R risk assessment or FSORA pursuant to section 3573(a and (c), if
designated a HRSO,the sex offender shall remain under the jurisdiction of the Department for the lengt h
_
ofthe parole term, regardless ofthe result of future assessments.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04 and 3008,
Penal Code.
Article 6. High Risk Sex Offenders
Section 3580 title heading is amended to read:
3580. Definitions of a HiEh Risk Sex Offender.{]~ese~e~}
New Section 3580 is adopted to read:
A High Risk Sex Offender (HRSO) is an inmate ar parolee required to rempursuant to the Sex
is
Off
ender Registration Act, including PC sections 290(c), 290.001, 290.002, 290.003, 290.004, 290.005,
290.006, 290.007,. ar 290.008, and who also has been assessed by the Department pursuant to sections
3573(a) and (c) and based on his or her score on the risk assessment, has been designated as a Hi Risk
Sex Offender.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290, 290.001,
290.002, 290.003, 290.004,290.005, 290.006, 290.007, 290.008, and 3000.08, Penal Code.
Section 3581 title heading is amended to read:
3581.

.[Reserved]

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3582. High Risk Sex Offender Residence Restrictions.
Section 3582 is amended to read:
Parolees who are required to register as sex offenders pursuant to D~
„~' r'^a~ ~PC3 sections 290 through
Sse~—Oe€~e
s by the ~~€e~x~
290.023, inclusive, and who have been designated as H#~g~rR
T'o„^~-*mo^* ^~r'~--ro^*;^~~ ^^a Doi,^~.;';*^*;^^ ~rT~rD' Department, are subject to residence restrictions as
specified in this section and as defined in section 3571.
Existing Subsection 3582(a)is deleted.
s

~
~

• ~ ~.

~

Existing Subsection 3582(b)is renumbered 3582(a) and amended to read:
(
~}~ A H
R~s~S~Oe€€e~e~ released on parole who is required to register pursuant to PC
sections 290 through 290.023, inclusive, may not, during the period of parole, reside in any single family
dwelling with any other person also required to register as a sex offender, unless those persons are legally
related by blood, marriage, or adoption. A residential facility located within a single family dwelling
which serves six or fewer persons shall be excluded from this restriction.
Existing Subsection 3582(c)is renumbered 3582(b)and amended to read:
(
~}~ "'~;R~ r;~'~ ~~~ ~~~
„a~r A HRSO released on parole on or after November 8, 2006 who is required
„
to register pursuant to PC sections 290 through 290.023, inclusive, and ~~~'~~'~~~ ~ ^ ~~r* ^r ^r;^r whose
current commitment to the Department is for a conviction for a violation of PC section 28.8, inclusive of
shall not reside within one-half mile of any public or private
any subsection, or PC section 288.5,
school, kindergarten through grade 12, inclusive,
,
g~t~e~~c~i~e~rrsest}e~r33~1{E}.
e~i~ex~e^~
New Subsection 3582(c)is adopted to read:
( A HRSO who has a juvenile adjudication for PC section 288, inclusive of anv subsection, or PC
c)
section 288.5, is not subject to the provisions of PC section 3003(8,); however, may have a residence
restriction imposed pursuant to section 3571.
Subsection 3582(d)is amended to read:
( n '';R'' r;~'~ ~~~ ~~~
d)
„a~r A HRSO released on parole on or after November 8, 2006 who is required to
register pursuant to PC sections 290 through 290.023, inclusive,.and who does not have a current or prior
conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5,~~

'
may have a residence restriction
imposed pursuant to section 3571. A residence restriction shall not be imposed unless it is supported by
circumstances found in the parolee's criminal history as described in section 3571.
Existing Subsection 3582(e)is deleted.
Proposed Text —NCR l 6-14

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•~
.
.

~~ ~
-

,

..

Existing Subsection 35820 is deleted.
a

~~
•~

~~ ~
.
.

,

..

Existing Subsection 3582(g)is renumbered 3582(e) and amended to read:
(
-g~~ Residence Verification and Approval. ~n~~~~ ~~ ^ a~~'* D~--~ ~ n-~~r~*;~~~ ~DAPO~ shall
„
,
monitor compliance with the residence restrictions contained in this section.
Existing Subsection 3582(g)(1)is renumbered 3582(e)(1) and is otherwise unchanged.
( Parolees subject to residence restrictions are responsible for finding compliant housing.
1)
Existing Subsection 3582(g)(2)is renumbered 3582(e)(2) and amended to read:
( During the initial interview between the parolee and the Parole ~A_gent upon release from custody,
2)
and before any change of residence while under parole supervision, the parolee shall provide his or her
Parole Agent with the address where he or she intends to reside upon verification and approval of the
Parole Agent.
Existing Subsection 3582(g)(3)is renumbered 3582(e)(3) and amended to read:
(
3)
The Parole ~A~ent shall utilize available resources
identified in subsections 3571(e)(3)(A) throu 3571(e)(3)(E) to identify any public ar private schools
located approximately within one-half mile of the parolee's proposed residence. "~•~~'~"'~ -~~~~~~--~~~ +'~~+

Existing Subsections 3582(g)(3)(A) through 3582(g)(3)(E) are deleted.
Y
.

'
.

•

Existing Subsection 3582(g)(4)is renumbered 3582(e)(4) and amended to read:
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(4) If any public or private schools and/or parks where children regularly ~ather ~s are identified to be
;
a e~~~ within ^„~'~~'~ ~;'~ ~~ *'~~ ~nr~'~~'~ „ „
~-~ ~~~a the residence restriction of a HRSO, the
Parole aA_gent shall use a Global Positioning System (GPS) measuring~device to determine

r~*'~ „~* ~~ ~ ~*r~~* ~r ~~*'~ r~ +~ the distance from the residence to the school and/or park. The distance
„
shall be measured from the primary entrance of the proposed residence to the nearest exterior property
boundary ofthe school and/ar park.
Existing Subsection 3582(g)(5) is renumbered 3582(e)(5) and amended. to read:
( Parolees shall be advised whether the proposed residence is compliant. If the residence is
5)
noncompliant based on the rDc ~,or;~~~*;~r measurements taken by the Parole Agent, as described in
subsection 3582(e)(4) above, the actual distance and name of the prohibited public or private school and
method of measurement shall be disclosed to the parolee upon his or her request.
Existing Subsection 3582(h)is renumbered 35820 and amended to read:
~o .,,.~ t., ~L.o T2~,~,-.a .~~ Dom,-,~lo i7o.,,.;«...~ .,
(
1.1(41
~=ISL.L
C

.,loo .,.1,..

,,~l,l~, 1,01;o~.o.a ~.. 1,.,..v

~~~*~a ~ ~~;a~r~~ r~~*r;~*;~-~ ~ M*~;r~a ;„ *'~;~ ~~~*;~r When probable cause is discovered that a HRSO
parolee is in violation of a residence restriction, DAPO shall file a revocation petition in superior court.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04, 290.06,
3003(g), 3003.5, 3008 a 3053(a) and 5054, Penal Code; Doe v. Schwarzenegger (2007) 476 F.Supp.2d.
People v. Lent(1975) 15 Ca1.3d 481; and In re Taylor (2015
1 178;In re E.J. (2010)47 Cal.4th 1258;
60 Ca1.4th 1019.
Article 6.5. Transient Sex Offender Supervision
3590. Transient and Residence Determination.
Subsections 3590(a)through 3590(a)(4) are unchanged.
Subsection 3590(b)is amended to read:
( When determining whether a residence has been established, the Parole Agent shall utilize all
b)
available resources and information. If ~e a review of the complete set of circumstances indicates
residency has been established, and a reasonable and prudent Parole Agent reviewing the same
information would draw the same conclusion, then a residence has been established. After a transient sex
offender establishes a residence, he or she is no longer recognized as transient, and:
Subsection 3590(b)(1)is unchanged, but is shown for reference.
( Continues to have a lifetime obligation to register as a sex offender, but is subject to the registration
1)
requirements as provided under PC section 290.010.
Subsection 3590(b)(2)is amended to read:
( Maybe subject to
2)
Proposed Text —NCR 16-14

residency restrictions. as described in sections 3571 and 3582.
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Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.010, 290.011(g),
3003(g) =~13A~1~} and 5054,Penal Code.
;
3590.1. Approved Regular Entrance at an Address.
Section 3590.1 is unchanged, but is shown for reference.
Transient sex offenders are permitted the following repeated and regular entries at an address and such
entries shall not be considered as establishing residency:
Subsection 3590.1(a)is amended to read:
( For the purpose of charging the Global Positioning System (GPS) device as directed in the sex
a)
offender's conditions of parole. ~~r~~~a ~~ ~~~
„a~--~ ~ ~ ~ ~~a *~ ~ ~
~ a~~~-~~-~a ; ~~*;~„ ~ cam,
Subsection 3590.1(b)is amended to read:
( For the purpose of
b)

e~ employment previously approved by the Parole Agent.

Subsection 3590.1(c)is unchanged.
Subsection 3590.1(d)is amended to read:
( For the purpose of obtaining care, treatment= or other services provided by licensed providers.
d)
Note: Authority cited: Sections 5058 and 5058.3,Penal Code. Reference: Section 5054,Penal Code.
3590.2. Transient Sex Offender Location Restrictions.
Subsection 3590.2(a)is unchanged, but is shown for reference purposes.
( Transient sex offenders staying at locations without street addresses, including but not limited to
a)
bridges, transient encampments, and bus stops, which maybe near schools, parks, ar areas where children
regularly gather as described in section 3571(a), are not subject to residence restrictions established in
statute, as these locations are not defined as residences- that are located by a street address as provided in
section 3590.
Subsection 3590.2(b)is amended to read:
( T'he locations described in subsection 3590.2(a) may not be acceptable for a parolee to reside at or to
b)
frequent based upon his ar her existing special conditions of parole and/or criminal history,~se-~
;
. Special conditions of parole may be imposed when warranted to address these
circumstances.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 3003(g), 399-3~}
3053(a) and 5054,Penal Code; and People v. Lent(1975) 15 Ca1.3d 481.
3590.3. Supervision of Transient Sex Offenders.
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Subsection 3590.3(a)is amended to read:
( Transient sex offenders are subject to parole supervision contact requirements as described in section
a)
3504, except that: Instead of completing the required face-to-face residence contact, the Parole Agent
shall contact the parolee at either his or her place of employment (if employed) or "in the field," within
the community where the parolee is located. This may include a residence where the parolee appears to
be residing. All contacts shall be documented by the Parole Agent on a CDCR Form 1650-D (Rev.
9 906/12), Record of Supervision, which is incorporated by reference.
Subsection 3590.3(b)is amended to read:
( Transient sex offenders shall be required to disclose the locations where they have slept, or intend to
b)
sleep at night, during any contact with the Parole Agent.
Subsection 3590.3(c)is amended to read:
( During case reviews, the
c)
~ ~tUnit sSupervisor shall ensure that the parole Agent is meeting
current contact case supervision specifications as described in section 3504.
Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3003, 3003.5 and
5054,Penal Code.

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INITIAL STATEMENT OF REASONS:
The California Department of Corrections and Rehabilitation(CDCR) proposes to amend sections 3560,
3561, 3562, 3563, 3564, 3565, 3571, 3581, 3582, 3590, 3590.1, 3590.2, and 3590.3, and adopt new
sections 3570, 3572, 3573, and 3580 of the California Code of Regulations (CCR), Title 15, Division 3,
Subchapter 6, Articles 4, 5,6, and 6:5, concerning the supervision of parolees under the jurisdiction of the
CDCR,Division of Adult Parole Operations(DAPO).
Adjudication of Parole Violations
As a result of the 2011 Public Safety Realignment Act, codified in Penal Code (PC) section 3000.080,
the jurisdiction for adjudicating the majority of parole violations was moved from the Board of Parole
Hearings(BPH)to county superior courts. Within CCR, Articles 4, 5, 6, and 6.5, there are references to
BPH that require updating to reflect the jurisdictional change.
Sex Offender Residence Restrictions
Residence restrictions are a condition of parole, and there are different kinds of residence.restrictions.
However, a residence restriction must be justified pursuant to People v. Lent (1S Cal.3d 431) (1975).
People v. Lent determined that a probation condition is invalid if it:(1)is not related to the crime of which
the offender was convicted,(2) relates to noncriminal conduct, and (3) requires or forbids conduct which
is not reasonably related to future criminality. Under Lent, for some sex offenders a 2,000 feet distance
restriction from a school or park may be justified; however, for other sex offenders no distance may be
justified. For example, a distance may not be justified if a sex offender's victim was an adult. Distance
may also not be justified if the proximity of the sex offender's residence to a school or park was not a
factor in the sex offender's crime. Residence restrictions may also be imposed on the basis of other
people in a residence where a parolee plans to reside. For example, a sex offender who was convicted of
child molestation (PC section 288(a)) will have a condition of parole prohibiting contact with minors.
This condition of parole meets the criteria of Lent because the condition is related to the criminal history,
so this type of sex offender would not be allowed to reside in a place where a minor also resides.
In 2006, ballot initiative Proposition 83, as codified in PC section 3003.5(b), was passed. PC section
3003.5(b) prohibited all sex offenders from residing within 2000 feet of parks where children regularly
gather and schools, and is currently reflected in regulations.
In 2015, in In re Taylor (California Supreme Court docket 5206143), the California Supreme Court ruled
that CDCR's blanket enforcement of the residence restrictions within PC section 3003.5(b), known as
"
Jessica's Law," in San Diego county, violated the constitutional rights of sex offenders on parole. The
courts ruled that enforcement of PC section 3003.5(b) on all sex offenders did not meet the requirements
ofPeople v. Lent, and that the residence restriction must relate to the crime committed, and have a direct
relation to the crime.
As a result of Taylor, any distance imposed in a residence restriction must be justified based on the
parolee's criminal history. These amendments will bring the affected CCR sections into compliance with
the Taylor decision, update CDCR's policies for imposing residence restrictions on sex offenders under
its jurisdiction, and comply with the court's decision on a statewide basis.

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Global Positioning System/Electronic Monitoring of Sex Offenders
In 2014, the Legislature added PC section 3010.10 which created a mandate for DAPO to file revocation
petitions in superior court if a sex offender on parole removes, disables, or tampers with their Global
Positioning System (GPS) monitor. Newly proposed section 3572 implements and makes specific PC
3010.10 by adding language which specifies the conditions for a violation of parole, when disabling or
tampering with a GPS monitor has occurred.
Sex Offender Risk Assessments
In 2012, the California Legislature amended PC sections 290.03 and 290.04 to require DAPO to use
evidence-based risk assessments to determine the likelihood ofsex offenders committing a new sex crime.
Additionally, the Public Safety Realignment Act gave CDCR the jurisdiction to assess inmates convicted
of sex crimes, to determine .what risk level they pose to the community upon release, and to supervise
High Risk Sex Offenders upon release. If a sex offender serves a prison term in CDCR for a violent or
serious crime (as defined in PC sections 667.5(c) and 1192.7(c)), the sex offender will be supervised by
DAPO. Based on PC section 3000.08, if a sex offender serves a prison term for anon-violent or nonserious crime, DAPO only has jurisdiction to supervise the sex offender if the offender is a High Risk Sex
Offender. These regulations are necessary to comply with PC 3000.08 and define a High Risk Sex
Off
ender.
Penal Code(PC)section 290.03 requires CDCR to use a risk assessment tool to determine the risk a sex
off
ender poses of committing a new sex crime. Further, PC section 290.04 identifies a State Authorized
Risk Assessment Tool for Sex Offenders(SARATSO) Review Committee comprised of representatives
from CDCR, the Department of State Hospitals, and the Attorney General's office, whom shall be
responsible for determining the SARATSO that shall be used for assessing sex offenders.
Additionally, PC 290.04 requires that a risk assessment instrument chosen by the SARATSO Review
Committee must reflects) the most reliable, objective, and well-established protocols for predicting sex
offender risk of recidivism, have been scientifically validated and cross-validated, and is, or is reasonably
likely to be, widely accepted by the courts. The SARATSO Review Committee must consult with experts
in the field of risk assessment in choosing the instruments mandated for use in California. PC
290.04(a)(1) also states that "If a SARATSO has not been selected for a given population pursuant to this
section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that
population."
Commencing January 1, 2007, PC section 290.04(b)(1) mandated CDCR to use the Static-99 risk
assessment tool for adult male sex offenders. The Static-99 which is used prior to release from prison is
based upon on several academic studies of sex offender populations in the United States and Canada that
determined common demographic, social, and criminal history patterns of sex offenders.with multiple sex
crime convictions. The Static-99 tool quantifies those factors and gives each one a score. A variety of
individual case factors are reviewed by the screener and added or subtracted to the score. After all of the
f
actors are reviewed, the final numerical score is the sex offender's Static-99 score. An assessment score
which translates to "above average" or "well above average" designates a sex offender as a High Risk Sex
Off
ender for supervision purposes.
In 2009 the SARATSO Review Committee approved the Static-99R as the risk assessment tool for adult
male sex offenders. The Static-99R is a revised version of the Static-99, and is identical to the Static-99
with the exception of an additional element "Age at the time of release" added to the assessment. The
Static 99R improved on the Static 99 by adding the "Age at the time of release" element which accounts
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for the particularly low recidivism rates among older offenders. The Static-99R is the most commonly
used static assessment tool in the world to assess the recidivism risk posed by adult male sex offenders.
The Static-99R is necessary to provide safety and security to the public and communities by appropriately
assessing the risk of sexual re-offense of adult male sex offenders, and also to comply with PC section
290.04(b)(1) which mandates use of the Static-99. Recent studies on the Static-99R have determined the
risk assessment tool to be a validated, accurate, and good predictive tool for determining risk of sexual reoffense.
PC section 290.04(b)(2) also specified: "The SARATSO Review Committee shall determine whether the
Static-99 should be supplemented with an empirically derived instrument that measures dynamic risk
factors or whether the Static-99 should be replaced as the SARATSO with a different risk assessment
tool. The SARATSO Review Committee shall select an empirically derived instrument that measures
dynamic risk factors and an empirically derived instrument that measures risk of future violence. The
selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future
violence tool for adult males. If the committee unanimously agrees on changes to be made to a
designated SARATSO, it shall advise the Governor and the Legislature of the changes and the
Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days
after the decision is posted, the selected tool shall become the SARATSO for adult males."
In 2011 the SARATSO Review Committee selected the supplemental tool, Level of Service/Case
Management Inventory(LS/CMI)for use in California beginning in 2012. The LS/CMI is the adult male
SARATSO future violence tool used for measuring risk of future violence. In 2013 the SARATSO
Review Committee selected the supplemental tool, STABLE-2007/ACUTE-2007 for use in California
beginning in 2014. The STABLE-2007/ACUTE-2007 is the adult male SARATSO dynamic tool used for
measuring dynamic (changing) risk factors. The STABLE-2007/ACUTE-2007 is considered one
assessment for assessment purposes, as they are used in conjunction with each other; however they are
two separate tally sheets. Both the LS/CMI and the STABLE-2007/ACUTE-2007 are scored by
contracted sex offender treatment providers during parole to guide decisions in treatment while the
offender is on parole. The use of all three tools provides a better picture of the overall risk of re-offense
presented by adult male sex offenders on supervision.
Additionally, PC section 290.04(c) specified: "On or before July 1, 2007, the SARATSO Review
Committee shall research risk assessment tools for adult females required to register as sex offenders. If
the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the selected tool, and the State Department
of Mental Health shall post the decision on its Internet Web site." To date, the SARATSO Review
Committee has not chosen an assessment tool for adult female sex offenders. Due to the small population
of female sex offenders nationwide, the SARATSO Review Committee believes no academic study could
produce plausible results to create an evidence based, validated risk assessment tool for adult female sex
offenders. Although no validated risk assessment tool for adult females has been chosen by the
SARATSO Review Committee, the Department created an internal risk assessment tool for adult female
sex offenders called the Female Sex Offender Risk Assessment (FSORA). The Department determined
that the FSORA is a helpful tool to determine whether a female sex offender should be released to county
supervision or DAPO supervision. The FSORA was developed by departmental subject matter experts in
the field of female sex offender risk assessment and recidivism, and was designed with questions similar
to the Static-99 and other assessment tools used to address risk factors. The FSORA is based on elements
ofthe sex crime, and relies on static or unchanging factors, such as prior sexual offenses, prior sentencing
dates, and nature of victimization. Questions for the FSORA were chosen to assess and address prior
criminal history and the elements of the sex crime. Generally, the more predatory and planned out the
crime, the greater the risk of the female sex offender committing a new sex crime. In 2006 the California
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High Risk Sex Offender(HRSO)Task Force reported that female sex offenders have 0 to 3% re-offense
rates and can be identified as HRSOs by prior criminal history. A FSORA rating of Moderate-High is an
initial indicator of Moderate to High risk of sexual re-offense. T'he Department determined that a
Moderate-High rating supports applying an HRSO designation to convicted adult female sex offenders
with the goal being to maximize public safety by reducing those risks of sexual re-offense through
specialized and intensive parole supervision.
The supplemental future violence tool, LS/CMI has been approved by the SARATSO Review Committee
f use on the adult female sex offender population to measure risk of future violence; however, the
or
supplemental dynamic tool, STABLE-2007/ACUTE-2007 has not been approved for use on the female
population because it could not be validated due to the small population of adult female sex offenders.
More information regarding the SARATSO Review Committee and sex offender risk assessment tools
can
be
found
on
the
SARATSO
Review
Committee's
website:
htt~:/lwivw.saratso.arg/index.c~'pid=~65
Consideration of Alternatives:
The Department must determine that no reasonable alternative considered, or that has otherwise been
identified and brought to the attention of the Department, would be more effective in carrying out the
purpose for which this action is proposed, would be as effective and less burdensome to affected private
persons than the action proposed, or would be more cost-effective to affected private persons and equally
effective in implementing the statutory policy or other provision ofiaw.
Currently, no reasonable alternatives have been brought to the attention of the Department that would
alter the Department's initial determination.
ECONOMIC IMPACT ASSESSMENT:
The Department believes there will not be any significant economic impact with these proposed
regulations. The changes for the Deparhnent's Supervision of Parolees regulations only affect California
parolees.
In accordance with Government Code section 11346.3(b), CDCR has made the following assessments
regarding the proposed regulations:
Creation of New or the Elimination of Existing Jobs Within the State of California
The Department has determined that the proposed regulations will not have an impact on the creation of
new or the elimination of existing jobs within California. The proposed regulations only affect California
parolees, and will have no impact on the creation or elimination of existing jobs within the state of
California.
Creation of New or the Elimination of Existing Business Within the State of California
The Department has determined that the proposed regulations will not have an impact on the creation of
new or the elimination of existing business within California. The proposed regulations only affect
California parolees, and will have no impact on the creation or elimination of new or existing businesses
within the state of California.

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Expansion of Businesses Currently Doing Business in the State of California
The Department has determined that the proposed regulations will not have an impact on the expansion of
businesses currently doing business in California. The proposed regulations only affect California
parolees, and will have no impact on the expansion of businesses currently doing business in the state of
California.
Significant Adverse Economic Impact on Business
The Department has made an initial determination that this action will not have a significant adverse
economic impact on business in - the state of California because those businesses are not affected by
requirements for California parolees.
Benefits of the Regulations
The regulations will provide consistency and compliance with the recent court ruling in Taylor, and
benefit sex offender parolees by providing a more equitable justification for residence restrictions as they
are applied to sex offender parolees.
The public safety of California residents will be enhanced with DAPO's filing a revocation petition in
superior court, if a sex offender parolee removes, disables, or tampers with their GPS monitor.
The health and welfare of California residents will be enhanced by the Department's use of validated risk
assessment tools that are used for predicting sex offender risk of recidivism.
The proposed regulations will not affect worker safety or the State's environment.
Materials Relied Unon
The Department, in proposing amendments to these regulations, has relied upon the court ruling in
I re Taylor (California Supreme Court docket 520613).
n
A copy ofthis document is available for review as part of the rulemaking file.
Specific Purpose and Rationale for each Section, per Government Code 11346.2(b)(1)
Subchapter 6. Adult Parole
Article 4. Global Positioning System Program
3560. Global Positioning System Program Establishment.
Section 3560 is amended to clarify language. This section is amended to specify GPS-enabled
monitoring devices. The term "tracking" is replaced with "monitoring" for clarification, as the device is a
monitoring device. DAPO staff and other law enforcement officers use. data generated by the monitor to
track sex offenders.
3561. Global Positioning System Technology on Eligible Parolees Designated as High Risk.

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Subsection 3561(a) is amended to add clarifying language and make non-substantive changes to
capitalization.
Subsection 3561(b) is amended to remove the words "Global Positioning. System" as it is already
established with an acronym in the previous section, and include the word "monitoring" for clarification.
Subsection 3561(b)(2) is amended to spell out "Security Threat Group" and remove the "STG" acronym
since the acronym was not established previously in this section ar a nearby section. This provides a
clearer understanding without having to reference Definitions in Section 3000.
Subsection 3561(b)(3) is deleted as DAPO no longer uses the term "high control." The referenced
section 3504 will be revised to contain DAPO's adoption of the California Parole Supervision and
Reintegration Model, which uses an evidence based tool, the California Static Risk Assessment score, to
determine a parolee's risk level.
Existing Subsection 3561(b)(4) is renumbered to 3561(b)(3) due to the deletion of existing subsection
3561(b)(3).
Subsection 3561(b)(5) is deleted as BPH no longer has the authority to adjudicate parole violations or
return parolees to custody, due to changes made by the 2011 Public Safety Realignment Act. The Act,
codified in PC section 3000.080, changes the jurisdiction for adjudicating the majority of parole
violations from the Board ofParole Hearings(BPH)to county superior courts.
3562. Global Positioning System Monitoring Device Placement Criteria.
Subsection 3562(c) is amended to remove language which allows for a referral to the Board of Parole
Hearings for a revocation consideration. As a result of the 2011 Public Safety Realignment Act, BPH no
longer has jurisdiction to revoke parole or change conditions of parole as a result of a revocation in most
cases. New language specifies that non-compliance may result in the parolee's arrest and filing of a
revocation petition in superior court. This change brings the subsection into compliance with current
processes.
3563. Global Positioning System-Payments of Certain Costs by Parolees.
Subsections 3563(a) is amended to remove the words "Global Positioning System" for proper grammar
as the acronym was previously established in section 3560, make non-substantive changes to
capitalization and grammar, and- remove the words "global positioning" and replace with the "GPS"
acronym for clarity and consistency.
Subsection 3563(a)(1) is amended to replace the term "person" to "parolee" for purposes of clarity and
consistency.
Subsection 3563(a)(3) is amended to change the term "person" to "parolee" for purposes of clarity and
consistency, and to make non-substantive changes to acronyms, grammar, and capitalization.
Subsection 3563(b) is amended to make non-substantive changes to capitalization and acronyms and
provide a new revision date for the CDCR Form 602, Inmate/Parolee Appeal. The CDCR Form 602 is
not being amended as part of this rulemaking action; this is a revision date correction only. The (08/09)
version of the CDCR Form 602 has already been incorporated by reference in section 3084.1. A copy of

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the previous (12/87) version as well as the new (08/09) version of the CDCR Form 602 is provided for
reference.
3564. Requirement for Lifetime Global Positioning System Monitoring.
Subsection 3564(a) is amended to make non-substantive changes to acronyms, capitalization, and
punctuation.
Subsection 3564(b) is amended to replace "California Department of Corrections and Rehabilitation"
with "Department," for simplicity and consistency purposes.
3565. Transitioning Sex Offenders from Global Positioning System Monitoring to Local Law
Enforcement Monitoring.
Subsection 3565(a) is amended to make non-substantive changes to acronyms and replace "California
Department of Corrections and Rehabilitation" with "Department," for simplicity and consistency
purposes.
Subsections 3565(b) through 3565(b)(1) are amended to make non-substantive changes to grammar,
capitalization, and provide an acronym for "Controlling Discharge Date." Although already established
in existing regulations, for clarity and understanding purposes the Controlling Discharge Date is the date
that a parolee's parole term is scheduled to end. The word "Department" replaces the words "Division of
Adult Parole Operations" and "Divisional" for simplicity and consistency purposes.
Subsection 3565(c) is amended to make non-substantive grammatical changes for consistency, replacing
the word "will" with "shall," and providing an acronym for "Controlling Discharge Date."
Article 5. Sex Offenders.
3570. Definition of a Sex Offender. Section title heading is amended to remove "Assessments.
[
Reserved]" and replace with "Definition of a Sex Offender."
New Section 3570 is adopted to describe the criteria used by CDCR for the term "Sex Offender." A sex
offender, for the purposes of Subchapter 6, is any person committed to CDCR who is required to register
with local law enforcement pursuant to the Sex Offender Registration Act, codified in Chapter 5.5, PC
sections 290 through 294. It is necessary to adopt this definition to clarify for regulatory purposes the
types of convictions that CDCR will consider a sex offender.
3571. Sex Offender Residence Restrictions.
Section 3571 is amended to update and clarify residence restrictions, and to establish that sex offenders
may be subject to residence restrictions during the term of parole, upon approval of the Unit Supervisor,
and on a case-by-case- basis based on the particularized circumstances of each individual parolee.
Previously, regulations required that all registered sex offenders were subject to residence restrictions.
The California Supreme Court, in In re Taylor, Supreme Court docket 5206143, held that blanket
enforcement of PC section 3003.5(b) was unconstitutional as applied to all registered sex offenders on
parole in San Diego county. The trial court concluded that parole authorities retain the statutory authority
to impose special conditions on sex offenders including residence restrictions, as long as they are based
on the specific circumstances of each individual parolee. This section is amended to comply with case
law.
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New Subsection 3571(a)(6) is adopted to establish a definition for the term "residence restriction." It is
necessary to adopt this definition in order to make clear that a residence restriction is imposed based on
the criteria related to the residence and the parolee's specific individual circumstances, rather than the
specified distance of 2000 feet listed in PC 3003.5(b), which is not justified in every case, as was
determined in Taylor. An instruction from a Parole Agent has the effect of a condition of parole, and
carries the same weight as a condition of parole, however it may not have been served to the parolee in
writing yet; for example, a Parole Agent may contact a parolee that is on parole for molesting a female
child, and the parolee is living with another adult, the other adult tells the Parole Agent that the other
adult's female child will be moving in with them tomorrow, the Parole Agent will instruct the parolee to
move out, if the parolee does not move out before the child moves in, the parolee will be arrested. The
criteria for determining conditions of parole are the factors in the sex _offender's criminal history that
relate to the condition(s). For example, if the sex offender's residence proximity to a school or park
f
acilitated the sex crime, a residence restriction can be imposed. A residence restriction can also be
imposed in the interests of public safety to prevent the likelihood of future sex crimes.. For example, a sex
off
ender with a history of harassing or soliciting children walking to school could be prohibited from
residing close to a school.
New Subsection 3571(b)is adopted to establish that any residence restriction imposed on a sex offender
by the Parole Agent must first be approved by the DAPO Unit Supervisor before. it can be imposed. This
is necessary to ensure accountability and to make sure the residence restriction meets the criteria
described in this section. Additional language establishes that residence restrictions must be based on a
connection between the parolee's commitment offense, criminal history, and/or future criminality, on a
case-by-case basis. For clarification purposes, some examples of an "other location decided upon by the
Parole Agent" are: a location in which the offender is attempting to reside near the victim of the
offender's crime, or reside in a residence known for drug activity.
Existing Subsection 3571(b) is renumbered to 3571(c) and amended to replace language referring to
"
persons released on parole who are required to register pursuant to Penal Code..." with the term "sex
offender." This change is for clarity and consistency only.
Existing Subsection 3571(b)(1)is renumbered 3571(c)(1), but is otherwise unchanged.
Existing Subsection 3571(c)is deleted. Enforcing this provision on all sex offender parolees, rather than
only those whose criminal history had a connection to the restriction, was held unconstitutional in Taylor.
Subsection 3571(d) is amended to replace "person" with "sex offender" for clarity and consistency. In
addition, the language "on or before November 7, 2006, who is required to register pursuant to PC
sections 290 through 290.023, inclusive" is removed as a result, of the Taylor decision. Additionally,
"
3571" is added in front of "(b)" for clarity, and "and 3571(c)" is added to the references that a sex
off
ender shall not be subject to a residence restriction in addition to, unless that residence restriction is
supported by circumstances found in the parolee's criminal history. The amendments in this section also
justify restrictions that are not based on distance, but rather are imposed in the interests of public safety
based on the parolee's criminal history. For example, a parolee convicted of molesting aseven-year old
girl would have a condition of parole prohibiting contact with female minors. The parolee would not be
allowed to reside with a female minor.
Subsection 3571(e)(2)is amended to make non-substantive changes to capitalization.

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Subsection 3571(e)(3) is amended to replace the "2000 feet restriction" language with appropriate
language that coincides with the Taylor court decision, and to avoid uniform application of the "2000.
f
eet" distance restriction. New language now aligns with "case-by-case" determinations for residence
restrictions.
Subsections 3571(e)(3)(A) through 3571(e)(3)(B) are amended to make non-substantive punctuation
changes, and replace telephone based directories with Internet based resources and navigation system
services. Internet and navigation system services include, for example: MapQuest, Google services, etc.
These changes update these subsections with the current resources that are utilized.
Subsection 3571(e)(4) is amended to make minor revisions to punctuation and grammar, and remove the
"
2000 feet restriction" language which provides compliance with the Taylor decision, and "case-by-case"
residence restrictions rather than a standard across-the-board "2000 feet restriction." Additionally, Global
Positioning System (GPS)"measuring" devices replaces GPS "handheld" devices which are to be used to
determine the distance from the residence to the school and/or park. These changes clarify the law and
enable the Department to use other GPS measuring devices beyond just a handheld device, and also allow
the Department to advance with GPS technology. In addition, new language specifies that measurements
are taken to "determine the distance from the residence to the school andlor park" and establishes the
proper protocols for correct measuring to determine the distance from a residence to a school and/or park.
This will prevent confusion and/or measurements taken incorrectly ar from conflicting sources.
Subsection 3571(e)(5) is amended to -add clarifying language by adding "with the residence restriction,"
and replace language referring to "GPS verification" with "measurements taken by the Parole Agent, as
described in subsection 3571(e)(4) above." This will update the subsection with the proper language.
Subsection 35710 is amended to remove language which referred to DAPO reporting to the BPH any
parolee who they reasonably believed to have violated a residence restriction contained in the section.
This change is necessary due to the transfer of authority from BPH to the county superior courts, as a
result of the 2011 Public Safety Realignment Act, and PC 3000.080. New language provides
clarification to residence restrictions and conditions of parole that prohibit contact with minors. DAPO
will still prohibit sex offenders who do not have adistance-based restriction from residing in a residence
where a minor resides, if the sex offender has a special condition of parole that restricts the sex offender
f
rom having contact with a specified minor.
3572. Violation of Parole for Disabling or Tampering with the Global Positioning System Monitor.
New Section title heading "Violation of Parole for Disabling or Tampering with the Global
Positioning System Monitor." is adopted.
New Subsection 3572(a)is adopted to make specific the requirements ofPC 3010.10, which provide that
a "sex offender subject to GPS monitoring...shall not remove, disable,...monitoring device affixed to his
or her person, when he ar she knows that the device was affixed as a condition of parole."
New Subsection 3572(b) is adopted to make specific the requirements of PC 3010.10, which provide
that the provisions of section 3572 "shall not apply if the removal, disabling,... of an electronic, GPS,...is
performed by a physician, emergency medical services technician,...when doing so is necessary during
the course of medical treatment ofthe person subject to monitoring."
New Subsection 3572(c)is adopted to make specific the requirements ofPC 3010.10, which provide that
the provisions of section 3572 "shall not apply if the removal, disabling,...is authorized or required by a
court, or the law enforcement, probation, parole authority, or other entity responsible for placing the
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monitoring device on the person, or that has, at the time, the authority and responsibility to monitor the
electronic, GPS,ar other monitoring device."
New Subsection 3572(d) is adopted- to make specific the requirements of PC 3010.10, which provide
that "when probable cause is discovered that a sex offender has removed, disabled, rendered inoperable,
knowingly circumvented the operation of, or attempted to circumvent the operation of, or permitted
another person to remove, disable, render inoperable, or knowingly circumvent the operation of the
monitoring device, notwithstanding subsections 3572(b) and 3572(c), DAPO shall refer the violation to
superior court." The Department believes the language "attempting to circumvent the operation of is
'
necessary language that must be used in conjunction with this section in order to provide specificity and
understanding as to when a violation has occurred. There may be instances when a sex offender has
"
attempted to circumvent" yet not succeeded in the circumvention before it is discovered by DAPO,this
will be considered a violation. In the interests of implementing, interpreting, and making specific the
Penal Code,this language is provided.
3573. Sex Offender Risk Assessment. New Section title heading "Sex Offender Risk Assessment."
is adopted.
New Subsection 3573(a) is adopted to specify that the Department shall utilize the Static-99R (Revised
11/2/2016) risk assessment, for adult male sex offenders. The Static-99R risk assessment is incorporated
by reference, and a copy is provided with the Text of Proposed Regulations. This section also specifies
the criteria from the risk assessment that will be used to classify a sex offender as a High Risk Sex
Offender (HRSO) for the purposes of residence restrictions and supervision while on parole. The
adoption ofthis new language will help_ to enhance public safety and reduce recidivism.
New Subsection 3573(b) is adopted to specify that the Department's contracted sex offender treatment
providers shall utilize the Level of Service/Case Management Inventory (LS/CMI)(10/28/16) and ,the
STABLE-2007/ACUTE-2007 (10/28/16) as supplemental assessments to the Static-99R for adult male
sex offenders. Both assessments are incorporated by reference, and copies are provided with the Text of
Proposed Regulations. The LS/CMI measures risk of future violence, and the STABLE-2007/ACUTE2007 measures dynamic (changing) risk factors. T'he use of both assessments when used in conjunction
with the Static-99R provide incremental validity and give a better overall picture to predicting the risk of
sexual and violent re-offense.
New Subsection 3573(c) is adopted to specify that the Department shall utilize the Female Sex Offender
Risk Assessment (FSORA) (11/19/2015) for female sex offenders. The FSORA is incorporated by
reference, and a copy is provided with the Text of Proposed Regulations. This section also specifies the
scoring criteria from the risk assessment that will be used to classify a sex offender as a HRSO for the
purposes of residence restrictions and supervision while on parole. The adoption of this new language
will help to enhance public safety and reduce recidivism.
New Subsection 3573(d) is adopted to specify that the Department's contracted sex offender treatment
providers shall utilize the LS/CMI (10/28/15) assessment tool as a supplemental assessment to the
FSORA for female sex offenders. The LS/CMI is incorporated by reference, and a copy is provided with
the Text ofProposed Regulations. The LS/CMI measures the risk of violent re-offense, and when used in
conjunction with the FSORA will provide a better overall picture of the risk. of sexual and violent reoffense.
New Subsection 3573(e) is adopted to specify that the Department may conduct on-going risk
assessments of sex offenders during their parole terms at the discretion of the Director of DAPO or their
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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 170 of 179 Page ID #:170
designee; and also, that these assessments shall be for the purpose of designing treatment programs and
f the supervision of the sex offender. The adoption of this new language will help to enhance public
or
safety and reduce recidivism.
New Subsection 35730 is adopted to specify that upon completion of the risk assessment, if designated
a HRSO, the sex offender shall remain under the jurisdiction of the Department for the length of the
parole term, regardless of the result of future assessments. The adoption ofthis new language will help to
enhance public safety and reduce recidivism.
Article 6. High Risk Sex Offenders.
3580. Definition of a High Risk Sex Offender. Section title heading is amended to change title from
"
Definitions" to "Definition of a High Risk Sex Offender" and remove "[Reserved]."
New Section 3580 is adopted to add the definition of a High Risk Sex Offender(HRSO). This definition
will provide clarity regarding who is determined to be a HRSO.
3581. Section title heading is amended to remove "Assessments." The section will remain "Reserved."
Sex Offender Assessments is located in section 3573 for proper organization, as this section applies to all
sex offenders, and notjust High Risk Sex Offenders.
3582. High Risk Sex Offender Residence Restrictions.
Section 3582 is amended to make non-substantive changes to acronyms, and to add language that
clarifies that a HRSO is subject to residence restrictions as specified in this section and as defined in
section 3571.
Subsection 3582(a)is deleted as the definition of a HRSO has been relocated to section 3580.
Existing Subsection 3582(b) is renumbered 3582(a) and amended to include non-substantive changes
f capitalization and to provide for an acronym for consistency purposes.
or
Existing Subsection 3582(c) is renumbered 3582(b) and amended to clarify the residence restrictions
still mandated by statute. PC section 3003(g) prohibits a sex offender on parole, who is on parole for a
violation of PC sections 288 and 288.5, from residing within one-half mile of a school. The language in
this section referencing PC section 3003.5(b) is removed as PC section 3003.5(b) is no longer enforceable
as a result ofthe Taylor decision.
New Subsection 3582(c) is adopted to explain that a HRSO with a juvenile adjudication for PC section
288 or 288.5 is not subject to the provisions of PC section 3003(g). Existing case law has upheld that a
juvenile adjudication, or sustained petition, is not the same as an adult criminal conviction. However, a
residence restriction maybe imposed pursuant to section 3571.
Subsection 3582(d) is amended to clarify that a HRSO on parole who does not have a current or prior
conviction for PC section 288, inclusive of any subsection, or PC 288.5, may still have a residence
restriction imposed pursuant to section 3571. Because subsections 3582(d) and 35820 are very similar,
to avoid duplication of language and to streamline text, language is taken from subsection 3582(fl and
combined with this subsection to specify that "a residence restriction shall not be imposed unless it is
supported by circumstances found in the parolee's criminal history as described in section 3571." By

ISOR—NCR 16-14, Supervision ofParolees

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 171 of 179 Page ID #:171
combining this language, subsection 35820 is unnecessary and therefore deleted. Language is now
simplified, clarified, and makes specific the residence restriction requirements for a HRSO.
Existing Subsection 3582(e) is deleted to avoid duplication and unnecessary text. Intended proposed
revisions to this subsection would have made the language in this section identical to subsection 3582(b),
therefore to avoid duplication, this subsection is deleted.
Existing Subsection 35820 is deleted due to the combining of this section with 3582(d). This avoids
duplication of language, and streamlines the text language for better organization and an easier
understanding ofthese sections.
Existing Subsection 3582(g) is renumbered 3582(e) and amended to make non-substantive changes to
provide an acronym for consistency.
Existing Subsection 3582(8)(1)is renumbered 3582(e)(1), but is otherwise unchanged.
Existing Subsection 3582(8)(2) is renumbered 3582(e)(2) and amended to make non-substantive
changes to capitalization.
Existing Subsection 3582(8)(3) is renumbered 3582(e)(3) and amended to remove language referring
to the "2000 feet requirement," and to refer to subsections 3571(e)(3)(A) through 3571(e)(3)(E) for the
method used to determine if any schools are located within one-half mile of the residence. Additionally,
language which referenced "available resources that may be considered include:.." is deleted, due to the
deletion of the following subsections, which are no longer necessary due to the reference to subsections
3571(e)(3)(A)through 3571(e)(3)(E).
Existing Subsections 3582(g)(3)(A) through 3582(g)(3)(E) are deleted as the language for these
subsections are replaced to refer to the methods used in subsections 3571(e)(3)(A)through 3571(e)(3)(E).
Existing Subsection 3582(8)(4) is renumbered 3582(e)(4) and amended to remove language which
referred to a standard across-the-board "one-half mile" distance restriction. Language now requires staff
to utilize GPS "measuring" devices to determine the distance from the residence to the school and/or park,
when they are determined to be within the residence restriction of a HRSO. The change to GPS
"
measuring" devices enables the Department to advance with GPS technology and not be required to only
use GPS devices that have to be held within the palm of a hand. In addition, new language establishes the
proper protocols for correct measuring to determine the distance from a residence to a school and/or park.
This will prevent confusion and/or measurements taken incorrectly ar from conflicting sources.
Existing Subsection 3582(8)(5) is renumbered 3582(e)(5) and amended to match the measuring
language, as reflected in section 3582(e)(4).
Existing Subsection 3582(h) is renumbered 35820 and amended to reflect that a violation of a
residence restriction is adjudicated in superior court, not by the Board of Parole Hearings, as a result of
the 2011 Public Safety Realignment Act.
Article 6.5. Transient Sex Offender Supervision
3590. Transient and Residence Determination.
Subsection 3590(b)is amended for non-substantive capitalization and grammatical corrections.
ISOR —NCR 16-14, Supervision ofParolees

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Subsection 3590(b)(2) is amended to remove the verbiage "one or more," so that the language is more
consistent with the Taylor changes.
3590.1. Approved Regular Entrance at an Address.
Subsection 3590.1(a) is amended for more appropriate and correct language. New language makes
specific that transient sex offenders are permitted repeated/regular entry at an address for the purpose of
charging the GPS device as directed in their condition of parole.
Subsection 3590.1(b)is amended for grammatical and clarity purposes.
Subsection 3590.1(d)is amended for anon-substantive punctuation correction.
3590.2. Transient Sex Offender Location Restrictions.
Subsection 3590.2(b) is amended to remove the enforcement of local ordinances. After the passage of
Proposition 83 in 2006, which is enumerated in PC section 3003.5(b), several municipalities in California
instituted residence restrictions on sex offenders in municipal ordinances. Many of these ordinances are
more restrictive than PC section 3003.5(b). As agents of the State, Parole Agents are not able to enforce
local ordinances. Additionally, because the In re Taylor Supreme Court decision prohibits CDCR from
the blanket enforcement of PC section 3003.5(b) on sex offenders, CDCR will not be able to justify
blanket enforcement of local ordinances impacting sex offenders residing in a specific municipality. The
civil rights issues the Supreme Court used to prevent CDCR from blanket enforcement of PC section
3003.5(b) also exist for the enforcement of local ordinances. Other minor grammatical/punctuation
changes are made to account for text changes.
3590.3. Supervision of Transient Sex Offenders.
Subsection 3590.3(a) is amended to make non-substantive changes to capitalization, and update the
revision date of CDCR Form 1650-D, Record of Supervision, to reflect the most current version. The
CDCR Form 1650-D is not being amended as part of this rulemaking action, this is a revision date
correction only. The (06/12) version of the CDCR Form 602 has already been incorporated by reference
in section 3620(b). A copy of the previous (07/10) version as well as the new (06/12) version of the
CDCR Form 1650-D is provided for reference.
Subsection 3590.3(b) is amended to make non-substantive changes to capitalization for consistency
purposes.
Subsection 3590.3(c) is amended to remove the word "parole" in front of "Unit Supervisor" and make
non-substantive changes to capitalization for consistency purposes.

1SOR —NCR 16-14, Supervision ofParolees

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 173 of 179 Page ID #:173

t

g, Did you appeal from the conviction, ~. .ence, or commitment? Q Yes 0 No
a. Name of court {'Court of Appeal" or "Appellate Division of Superior Court"}:

b. Result:

nnc-27s

.; VeS. ive-the foliowinq information:

c. Date of decision:

d. Case number or citation of opinion, if kn
e. Issues raised: (1)
(
2)
~a)
f.

Were you represen?ed by counsel on appeal? ~ Yes

Q No

~. Did you seek revie~N i the California Supre~rie Court? Q Yes
a. Result:

di

es Mate the attornev's game and address if known•

Q No

If ves. Qive the following information:
b. Date of decision:

c Case number or citation of
.

if known:

d. Issues raised: (1)
~2)

(3J
10.If your petition makes a claim regarding your cc
explain why the c;aim was not made on appeal:

~ertence, or commitment tha; you or your attorney did not make on appeal,

/ ~`S /~ /!"~/ C~ls~ ~ ~'ff~~
11. Administrative review:
a. If your petition concerns conditions of confinement or other claims for which there are administrative remedies, failure to exhaust
administrative remedies may result in the denial of your petition, even if it is otherwise meritorious.(See !n re Musza/ski(1975)
52 Cal.App.3d 500.) Explain what administrative rzv~ew you sought or explain why you did not seek such review:

b.

Did you seek the highest level of administrative review available? Q Yes CI No
Attach documents that show you have exhausted your administrative remedies.

ML-2T5 Rev. January 1, 20;0

PETITION FOR WRIT OF HABEAS CORPUS

Paye 6 018

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 174 of 179 Page ID #:174
MC-275
j
~
~2. Other than direct appeal, havE you f~~.... ary ether petitions, applica;icns, or motions with respect to this conviction,
If ves continue ~,vith number 13. ~ No
commitment, or issue in any court? ~ Yes
If no, skit to number 15.
13. a. (1) Name of court:
(2)

ture or proceeding (for example,"habeas corpus petition"):

(3)Issues ised:(a)
(b)
( Result (attach orde
4)

explain why unavailable):

(5) Date of decision:
b. (1) Name of court
. Nature of proceeding:
2.)
(31 Issues raised: (aj
(~)
( Resu~t (attach order or explain wl:y unavailable):
4j
( Date cf decision:
5)
c.
14. I

1
For ac'difronal prior pe6Piors, appl~c4fions, or rnotio;,s, ,~rovidc the same informaf;'on on a separate page.
iy of the courts listed in number 13 held a hearing, state name of court, date of hearing, nature of hearng, and result:

15. Explain any delay in the

ore:y of the ciairned yroun~s fog relief ar,d in raising ir~a claims in ibis petition.(see In re Swain (1949)

34 Cal.2d 300, 304.)

16. Are you presently represented by couns~!7 Q Yes

~

17. Do you have any petition, ~I,or other matter pending in any court?

di es state the attorney's name and address, if kn~iwn:

~~Yes

~ No

If yes, explain:

18. if this petition might lawfully have been made to a lower court, stare the circumstances justifying an application to this court:

I, the undersigned, say: I am tt~e petitioner i~ this action. I declare under peralty of perjury under the laws of the State of California
that the foregoing allegations and statements are true and correct, except as to matters that are stated on my information and belief,
and as to tFiose matters, I believe :hem to be true.

L
6
MC-275!Rov. Je~wary 1, 7.010]

~

___

P=TITION FOR WRIT OF FiABCAS CORPUS

(SIGNATURc' OF PET!TIONGR)
Pape 6 of 6

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 175 of 179 Page ID #:175
MC-275
~• Ground 2 or Ground

(if applicable):

a. Supporting facts:

b. Supporting cases, rules, or other authority:

MC-275 [Rev. January 1, 2010]

PETITION FOR WRIT OF HABEAS CORPUS

Page dof6

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 176 of 179 Page ID #:176
5
g, Did you appeal from the conviction, sentence, or commitment? Q Yes Q
a. Name of court ("Court of Appeal" or "Appellate Division of Superior Court")

b. Result:

c -Date
.

d. Case number or citation of opinion, if known:
e. Issues raised: (1)
(
2)
(
3)
f.

Were you represented by counsel on appeal? Q Yes [~~

9 Did you seek review in the California Supreme
.

Imes, state the attomev's name and address, if known:

rt? Q Yes Q No

If ves• i
b. Date of

a. Resulk
c. Case number or citation of op~on, if known:
d. Issues raised: (1)
()
2

/

(
3)
10.If your petition makes a claim regarding your conviction, sentence, or commitment that you or your attorney did not make on appeal,
explain why the claim was not made on appeal:

11. Administrative review:
a. If your petition concerns conditions of confinement or other claims for which there are administrative remedies, failure to exhaust
administrative remedies may result in the denial of your petition, even if it is otherwise meritorious. ee In re Muszalski(1975).
52 Cal.App.3d 500.) Explain what administrative review you sought or explain why you did not s ek such review:

b. Did you seek the highest level of administrative review available? Q Yes Q No
Attach documents that show you have exhausted your administrative remedies.
MG275[Rev. January 1, 2010)

PETITION FOR WRIT OF HABEAS CORPUS

Page 6 of 6

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 177 of 179 Page ID #:177
fi

MC-275
12. Other than direct appeal, have you filed any other petitions, applications, or motions with respect to this conviction,
If ves, continue with number 13.
Q No
If no, skin to number 15.
commitment, or issue in any court? 0Yes
13. a. (1) Name of court:
( Nature of proceeding (for example,"habeas corpus petition"):
2)

(3) Issues raised:(a)
fib)
( Result (attach ogler or explain why unavailable):
4)
( Date of decision:
5)
b. (1) Name of court:
( Nature of proceeding:
2)
( Issues raised:(a)
3)

( Result(a
4)

ch order or explain why unavailable):

( Dat of decision:
5)
c. For addifiona!prior petitions, applications, or motio ,provide the same information on a separate page.
14. If any of the courts listed in number 13 held a he ing, state name of court, date of hearing, nature of hearing, and result:

15. Explain any delay in the discovery of the claimed grounds for relief and in raising the claims in this petition.(See In re Swain(1949)
4
3 Cal.2d 300, 304.)

~
~S C.)Gss ~lC(~Le~tl~

L~. ~L.L
1

16. Are you presently represented by counsel? Q Yes

_ ~ ~~r ~11c C.1►I~~.~c

No

17. Do you have any petition, appeal, or other matter pending in any court?

If yes, state the attorney's name and address. if known:

Q Yes

No

If yes, explain:

18. If this petition might lawfully have been made to a lower court, state the circumstances justifying an application to this court:

I, the undersigned, say: I am the petitioner in this action. I declare under penalty of perjury under the laws of the State of California
that the foregoing allegations and statements are true and correct, except as to matters that re stated on my information and belief,
and as to those matters, I believe them to be true.
Date:

~~ --~
(SIGNATURE OF PETITIONER)

MC-275 [Rev. January 1, 2010]

PETITION FOR WRIT OF HABEAS` CORPUS

Page 6 of 6

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Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 178 of 179 Page ID #:178

Case 2:17-cv-03218-R-FFM Document 1 Filed 04/28/17 Page 179 of 179 Page ID #:179
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