Debriefing is the process by which a STG
coordinator/investigator determines whether an offender (subject) has dropped
out of a STG. A subject shall be debriefed only upon his or her request,
although staff may ask a subject if he or she wants to debrief. The Debrief
Process may include a two-step process that consists of an interview phase
(Phase I) and an observation phase (Phase II).
(a) CDCR has established a Debrief Processing
Unit (DPU) to house inmates who are assigned to Phase I of the Debrief Process.
A DPU may be established at any institution or facility the Department deems
appropriate. An evaluation of the need for the observation phase will be based
upon individual case factors including the STG affiliate's housing prior to
beginning the debrief process. The observation phase of the Debrief Process
shall begin when the inmate's autobiography is accepted and ICC changes his
status to Post-Debrief Intake Panel (DIP). Time served in the observation phase
may overlap with time spent in the interview phase. Time spent in the
observation phase should be up to six months, as long as the inmate is actively
participating in assigned program activities.
(b) The purpose of the debrief interview is
to provide staff with information about the STG's structure, activities, and
affiliates. The debrief process is not for the purpose of acquiring
incriminating evidence against the subject. The object of the debrief process
is to learn enough about the subject and the subject's current STG to:
(1) allow staff to reasonably conclude that
the subject has dropped out of the STG, and
(2) allow staff to reclassify the subject
based upon the offender's needs in conjunction with the security of the
institution, as well as, the safety and security of staff and other offenders.
A requirement of the interview phase is that the offender provides staff an
autobiography of their STG involvement, which is then verified by staff for
completeness and accuracy.
(c) Inmates undergoing the debrief process
may be subject to a period of observation (Phase II) with other inmates who are
also undergoing the debrief process. The period of observation shall be up to 6
months in duration and may occur in the DPU or the Transitional Housing Unit
(THU).
(d) Upon completion of the
debrief process, the inmate shall be housed in a facility commensurate with the
inmate's safety needs, placement score and other case factors.
(e) A waiver of the right against
self-incrimination is not a precondition of an offender (subject) undergoing
the debrief process since the information is provided for administrative
purposes. A subject shall not be required to complete the debrief process and
the subject is free to terminate the debrief process at any time. If, during
the debrief interviews, a subject makes a statement that tends to incriminate
the subject in a crime, the STG coordinator/investigator may stop any
discussion about the matter and continue on with another topic. Prior to
questioning the subject about the incriminating matter, the subject must waive
the right against self-incrimination (Miranda). The decision by the subject to
exercise the right against self-incrimination shall not affect the
determination of whether the subject successfully participated in the debrief
process.
(f) Inmates will be
afforded expanded program opportunities as they progress through the DPU.
Detailed information about the operation of the DPU is located in section
3378.7.
Upon receipt of notification of an inmate's intent to
disassociate from an STG, the institutional STG investigator shall ensure the
inmate has been placed in appropriate housing to address the inmate's safety in
accordance with sections
3335 through
3336,
3340 and
3342.
The STG investigator shall contact the validated inmate
within five business days of receipt of the notification to conduct an Initial
Debrief Intake Interview.
The Initial Debrief Intake Interview document must be
finalized and available at the initial ICC. During the initial ICC, the inmate
will be notified of ICC's actions and will be referred for transfer to the DPU
in accordance with section
3378.7(b).
Exceptions to transfer by ICC will be for:
(1) inmates serving an active Determinate RHU
term. In this instance, the debrief process will continue at the respective RHU
institution and upon resolution of the Determinate RHU term, the inmate will be
considered for transfer to a facility commensurate with his current programing
needs, to include the DPU for Phase I or THU for Phase II.
(2) inmates awaiting appearance before the
Board of Parole Hearings (BPH), shall be retained at the local institution
until completion of the BPH process in advance of a transfer to the DPU for
Phase I or THU for Phase II in accordance with section
3379(a)(3).
(3) inmates who have a disciplinary case
pending review/acceptance by the District Attorney shall be retained locally
until completion of any projected/active RHU MRD, in advance of a transfer to
the DPU. Thereafter, the respective Wardens will coordinate subsequent transfer
needs to address required court hearing(s).
(4) Subsequent to ICC, the STG investigator
will issue the autobiography instructions to the inmate, who will have 30 days
to complete and submit the autobiography. If the inmate meets one of the
transfer exceptions, he is still expected to complete the autobiography within
30 days. The STG lieutenant, at the inmate's assigned institution, will collect
the autobiography and forward it to the Office of Correctional Safety (OCS),
Gang Intelligence Operations (GIO) Lieutenant for processing.
(g) Upon an inmate's arrival at
the DPU, an OCS investigator shall meet with the inmate and collect the
completed autobiography. If extenuating circumstances have prevented the inmate
from completing the autobiography, the inmate may be issued an extension to
complete their autobiography at the discretion of the OCS GIO Senior Special
Agent. If the extension extends beyond 45 days (from the original date of
assignment), the case shall be scheduled for a case conference to include the
Captain, responsible for DPU, and the Senior Special Agent, Special Services
Unit (SSU), OCS.
(1) If the inmate
fails/refuses to complete the debrief process, the inmate shall be placed (or
retained) in the RHU for review of potential safety concerns. The inmate will
be scheduled for appearance before ICC to further assess their status to
include evaluation of Work Group/Privilege Group and a determination of
appropriate housing. Appropriate housing may include return to General
Population housing or referral to the DRB.
(h) The completed autobiography, including
those received from inmates who are not currently housed at DPU, will be
presented by OCS staff to the DIP. The DIP is a committee comprised of DAI and
OCS representatives who have a primary role to evaluate debrief cases and
delegate case responsibilities based upon the complexities of each case. The
DIP is comprised of four members including one SSU Senior Special Agent, one
representative from DAI at the level of Correctional Administrator, and two OCS
GIO Lieutenants. A quorum will exist with the SSU Senior Special Agent, DAI
representative, and one OCS GIO Lieutenant.
(1) Upon completion of each review, the DIP
will determine one of two debrief categories and document the acceptance of the
autobiography and the category chosen on a CDCR Form 128-B. The DIP will base
their decision on the totality of case factors evidencing the inmate's status
and behavior within the STG. The categories are defined as follows:
(A) Category 1 (Complex): Debriefs to be
completed by the OCS GIO. Debriefs assigned to Category 1 will typically be
inmates who have held a high ranking position within the STG; who have
committed or participated in serious criminal activities, Division A and B
offenses as listed in the current disciplinary matrix in the furtherance of the
STG; and/or have had an extensive history with the STG. All debrief reports
assigned to OCS GIO investigators will normally be completed within 90 business
days of assignment.
(B) Category 2
(Less Complex): All other debriefs will be classified under Category 2. The OCS
GIO Lieutenant will assign the debrief report to be completed by an
institutional STG Investigator. All debriefs assigned to institutional STG
Investigators will normally be completed within 60 business days of assignment.
Debriefs will be assigned to institutional STG Investigators on a statewide
rotating basis.