reglab/statecodes huggingface dataset:
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3744 - Factors Considered for Return or Transfer to a County or City Other than the County or City of Last Legal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For return
					 or transfer to a county or city other than the county or city of last legal
					 residence, DAPO shall consider the following factors to determine if such a return
					 or transfer is appropriate:
(1) The need to
					 protect the life or safety of a victim, a witness, the parolee, or any other
					 person.
(2) Public concern that would
					 reduce the chance of the offender's parole being successfully completed, such as
					 cases in which the offender's chances of successfully completing parole in the
					 county or city of last legal residence are greatly reduced due to the offender's
					 criminal history, public recognition, family ties, career, or behavior in custody
					 that has resulted in extensive media coverage, public interest, or high
					 notoriety.
(3) The existence of a work
					 offer, educational, or vocational training program.
(A) For the purposes of this Section, "work offer"
					 is a conditional letter of employment, and "work" is permanent employment that may
					 enable the offender to be financially self-sufficient. Short-term employment is not
					 of sufficient duration to qualify.
(B)
					 For the purposes of this Section, educational and vocational training are full-time
					 programs that materially upgrade the offender's employment skills or education
					 level.
(4) The existence of
					 immediate family members, as defined in Section
					 3000, in another county or city with
					 whom the offender has maintained strong ties.
(A)
					 Upon proof of a familial relationship, on a case-by-case basis, DAPO may give
					 consideration to other relatives who are not immediate family members if strong
					 family ties have been maintained and the familial relationship would increase the
					 chance of successful completion of parole. Documentation proving a familial
					 relationship may include birth certificates, marriage certificates, or adoption
					 records.
(5) The availability
					 of necessary outpatient treatment programs for offenders receiving treatment
					 pursuant to PC Section
					 2960.
(6) Availability for direct placement into a
					 California Department of Corrections and Rehabilitation (CDCR) funded
					 community-based residential treatment program which shall be approved for transfer
					 provided there are no victim or witness residence restrictions as recorded in the
					 offender's special conditions of parole. CDCR-funded community-based residential
					 treatment programs may include Female Offender Treatment and Employment Program,
					 Residential Multi-Service Center, Parolee Service Center, and Specialized Treatment
					 for Optimized Programming.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3745 - Transfer or Return of Offender to the County or City of Last Legal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
					 transfer or return of an offender to a county or city other than the county or city
					 of last legal residence is based on placement into a CDCR-funded community-based
					 residential treatment program, and the offender does not successfully complete the
					 CDCR-funded community-based residential treatment program, the offender shall be
					 transferred to the county or city of last legal residence.
(b) If a transfer or return of an offender to a
					 county or city other than the county or city of last legal residence is based on
					 participation in an educational, employment, training, or treatment program and the
					 qualifying program is no longer offered within that county or city, the offender may
					 be allowed to participate in a similar program in another county or city if one is
					 available and provided there are no victim or witness residence restrictions as
					 recorded in the offender's special conditions of parole or board-ordered conditions
					 prohibiting placement in a specific county or city. The offender shall be
					 transferred to the county or city of last legal residence if no programs are
					 available, or if the offender does not successfully complete the program.
(c) The offender shall be transferred from a
					 county or city other than the county or city of last legal residence to the county
					 or city of last legal residence upon a new misdemeanor or felony criminal
					 conviction.
(d) At the discretion of the
					 unit supervisor, an offender transferred or returned to a county or city other than
					 the county or city of last legal residence may be transferred to the county or city
					 of last legal residence if the offender violates their general or special conditions
					 of parole. In determining whether to transfer an offender back to the county or city
					 of last legal residence after a violation of a general or special condition of
					 parole, the unit supervisor shall consider the following factors:
(1) Seriousness of the violation.
(2) Victim-related violation.
(3) Goals and progress performance while under
					 supervision.
(4) Overall conduct while
					 under supervision.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3746 - County Closed to Parole Return or Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 PC Section 3003(i), DAPO shall
					 give consideration to the equitable distribution of offenders serving parole in a
					 particular county.
(1) In order to give
					 consideration to the equitable distribution, DAPO shall observe a five percent
					 offender return or transfer limitation.
(2) DAPO shall monitor county import and export
					 ratios of offenders released for parole supervision and returning or transferring to
					 counties other than their county of last legal residence. Return and transfer
					 imports shall not exceed an additional five percent of the total number of active
					 parolees under the jurisdiction of CDCR who are required to be paroled to a
					 particular county of last legal residence. Any county that has an import ratio of
					 five percent shall be closed to returns and transfers and shall not reopen for
					 import until the import ratio is below five percent except in the following
					 circumstances:
(A) The Board of Parole Hearings
					 orders the placement of an offender released as a result of a board grant.
(B) Direct Placement of an offender into a
					 CDCR-funded community-based residential treatment program.
(C) The county is the county of last legal
					 residence of an offender, and they are not returning or transferring to a county
					 other than the county of last legal residence pursuant to Section
					 3743, subsection
					 (a).
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3747 - Parole Return or Transfer to Another State

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 PC Section 3003(j), an offender
					 may be returned or transferred to another state to serve their parole.
(b) Before CDCR returns or transfers an offender
					 to another state, the offender shall be in compliance with PC Section
					 11177.2.
1. New section
						filed 3-18-2019; operative 7-1-2019 (Register 2019, No. 12).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Sections
						  3003 and
						  11177.2, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 17.5 - Return and Transfer of Parole › Section 3748 - Parole Returns or Transfers for Life Term Offenders Released to Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
					 to Sections 3741 through
					 3747, if an offender is released as a
					 result of a board grant to parole pursuant to PC Sections
					 3000, subsections (b)(1) and (b)(3),
					 and 3000.1, the following shall apply when considering the return or transfer of the
					 offender's parole.
(1) If the offender requests to
					 serve their parole in a county or city other than the county or city of last legal
					 residence, any previous BPH order or recommendation for parole placement must be
					 amended or vacated prior to return or transfer if an order or recommendation exists.
					 In addition, there must be no victim or witness concerns, as documented in the
					 offender's special conditions of parole, in the desired county.
(2) Parole return or transfer for offender cases
					 released as a result of a board grant and accepted by the Interstate Compact for an
					 out-of-state transfer of parole must be reviewed by BPH in order to be granted
					 placement in the desired state. If the parole return or transfer is granted, the
					 offender must have any previous BPH orders or recommendations for parole placement
					 amended or vacated prior to the return or transfer, and DAPO shall ensure there are
					 no victim or witness concerns within the desired state, as documented in the
					 offender's special conditions of parole.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 18 - Parole Holds › Section 3750 - Authority to Place a Parole Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
					 parole agent has probable cause, as described in Section
					 3753, to believe the parolee has
					 violated conditions of parole or of the law, the parole agent may arrest the parolee
					 without a warrant at any time during the period of parole supervision and bring him
					 or her before the court for final adjudication, pursuant to Penal Code (PC) Section
					 1203.2.
(b) The parole hold decision must be made in every
					 case regardless of the type of crime or parole violation with which the parolee is
					 charged or whether another criminal justice agency is detaining the
					 parolee.
(c) A parole agent may impose a
					 parole hold when the parole agent determines that the parolee falls within the
					 criteria listed in Section
					 3751, and upon review by the unit
					 supervisor, there is probable cause to believe the parolee has violated parole and
					 the parole hold is appropriate.
(d)
					 Pursuant to PC Sections
					 3000.08(c) and/or
					 3056, a parole agent may place a parole hold on a parolee when the parolee has been
					 confined in a county jail facility as the result of a technical violation and/or a
					 new criminal charge as a result of the violation of the law described in subsection
					 3750(a), or may arrest
					 a parolee and place him or her in a county jail facility on a parole hold pending
					 investigation of the alleged parole violations or new violations of the
					 law.
(e) When determining whether or not
					 to place a parole hold, the parole agent may do the following:
(1) Place the parole hold.
(2) Take any action as described in Section
					 3764.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 18 - Parole Holds › Section 3751 - Criteria for Placement of a Parole Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A parolee
					 suspected of a parole violation may be detained by a parole hold for any of the
					 following reasons:
(1) The parolee is a danger to
					 the person or property of another.
(2)
					 The parolee is suspected of a parole violation and is believed to be at high risk to
					 abscond from parole supervision based on prior parole supervision history or other
					 case factors or information.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 18 - Parole Holds › Section 3752 - Factors to be Considered for Placement of a Parole Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Factors to be considered when deciding whether to place a
						parole hold include:
(a) Drug or alcohol
					 abuse. If drug or alcohol abuse is the only factor warranting a parole hold, the
					 parolee shall be placed in the county jail facility only when there is no suitable
					 alternative available such as a residential drug or alcohol treatment
					 program.
(b) The seriousness of the
					 alleged parole violation.
(c) Prior
					 instances of assaultive behavior when the present violation relates to danger to
					 others.
(d) Involvement in the
					 transportation, sale, or distribution of narcotics or restricted drugs.
(e) Any present threats of violence.
(f) Repeated unlawful conduct during the parolee's
					 current parole.
(g) Record of escapes
					 from custody or of absconding from parole, probation or bail.
(h) Employment history and stability.
(i) Residential pattern.
(j) Nature of family and community
					 relationships.
1. New section
						filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and
						filed 8-27-2014 (Register 2014, No. 35).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  1203.2,
						  3052,
						  3056,
						  5054 and
						  5076.2, Penal Code;
						  and Terhune v. Superior Court (Whitley), 65 Cal.App.4th 864.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 18 - Parole Holds › Section 3753 - Review of a Parole Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As soon as
					 possible, but no later than close of the next business day, upon discovery of a
					 known violation of parole and the placement of a parole hold, the parole agent shall
					 conduct a case conference with the parole unit supervisor to present the facts and
					 circumstances of the parolee behavior to determine whether there is probable cause
					 to retain the parole hold.
(b) A parole
					 unit supervisor or the parole administrator may order the removal of a parole hold
					 upon review as described in subsection
					 3753(a).
(c) Once removed, a parole hold shall not be
					 reinstated unless new information is received which may indicate that the parolee's
					 behavior falls within the criteria set forth in Section
					 3751. If the parole hold is reinstated,
					 the parolee shall be issued the reasons in writing as provided in Section
					 3754.
(d) If upon review, it is determined that the
					 county of arrest has no jurisdiction to pursue a revocation, the parole hold shall
					 be removed and the parolee shall be ordered to return to his or her county of
					 supervision and the jurisdiction of the county superior court (court). Upon the
					 parolee's return to the county of supervision, the parole agent shall submit a
					 petition for revocation to the court to adjudicate the parole
					 violation(s).
(e) A parole hold placed
					 by DAPO shall be removed if new felony or misdemeanor charges are filed before the
					 petition for revocation is filed against a parolee for the same conduct in which the
					 parole hold was placed. A petition for revocation shall not be filed in this
					 situation.
1. New section
						filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and
						filed 8-27-2014 (Register 2014, No. 35).
3. New subsection (e) filed
						7-12-2017; operative 10-1-2017 (Register 2017, No. 28).
Note: Authority cited: Section
						  5058, Penal Code.
						  Reference: Section
						  5054, Penal
						  Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 18 - Parole Holds › Section 3755 - Transfer to Prison. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 18 - Parole Holds › Section 3756 - Length of a Parole Hold

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 PC Sections 3056,
					 3057 and
					 3060.5, the following shall apply:
(1) Unless otherwise provided by law, for all
					 parolees with a parole hold/discovery date on or after October 1, 2011, the parole
					 hold shall not remain in effect for longer than 180 days.
(2) For purposes of this Section, the discovery
					 date is the date the parole supervising authority obtains knowledge that an alleged
					 violation of parole has occurred.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3760 - Parole Violations and Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Persons on
					 parole for specified crimes, as listed in PC Sections
					 3000(b)(4) and
					 3000.1(a)(1)-(2), are
					 subject to PC Section
					 3000.1 proceedings upon revocation of
					 parole. Parolees subject to PC Section
					 3000.1 shall be placed into a local
					 jail facility on a parole hold, and shall, upon good cause finding by the court, be
					 retained in local custody pending transfer to state prison.
(b) Pursuant to PC Section
					 3000.08, persons released from state
					 prison after serving a prison term for the following crimes, or whose sentence has
					 been deemed served pursuant to PC Section
					 2900.5 and who are not serving a life
					 term of parole supervision, shall be subject to parole supervision by the Department
					 and the jurisdiction of the court in the county where the parolee is supervised or
					 the county in which the alleged parole violation occurred for the purpose of hearing
					 petitions and imposition of a revocation of parole term:
(1) A serious felony as described in PC Section
					 1192.7(c).
(2) A violent felony as described in PC Section
					 667.5(c).
(3) A crime for which the person eligible for
					 release from state prison is classified as a High Risk Sex Offender by the
					 CDCR.
(4) Any crime where the person is
					 required, as a condition of parole, to undergo treatment by the Department of Mental
					 Health pursuant to PC Section
					 2962.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3761 - Investigation of Parole Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parole agent shall investigate all known and suspected
						parole violations. All available facts relating to the known or suspected parole
						violation(s) shall be documented as described in Section
						3762. The investigating parole agent
						shall obtain a copy of the arresting agency's arrest report and/or investigation
						report when a parolee is arrested or is suspected of a new crime. The investigating
						parole agent may interview all persons who have knowledge of the suspected parole
						violation(s) whether or not the violation(s) are being investigated as a new
						crime(s) ensuring that his or her investigation does not compromise the integrity of
						any on-going investigation that is being conducted by a local law enforcement
						agency.
1. New section
						filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and
						filed 8-27-2014 (Register 2014, No. 35).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  290,
						  1203.3,
						  3000,
						  3000(b)(9)(A),
						  3052,
						  3053,
						  3056,
						  3057,
						  5054,
						  5054.1 and
						  5076.2, Penal Code; and Sections
						  11561
						  and
						  11563,
						  Health and Safety Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3761.1 - Investigation of Supplemental Parole Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the parole agent discovers additional parole violations, or
						violations of the law, requiring submission of additional information to the court,
						the parole agent shall record the additional information on the CDCR Form 1502-B
						(Rev. 05/15) and forward to the parole unit supervisor no later than one business
						day from the date of discovery of the violation, and notify the parolee as described
						in Section 3754.
1. New section
						filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and
						filed 8-27-2014 (Register 2014, No. 35).
3. Amendment filed 4-9-2019;
						operative 7-1-2019 (Register 2019, No. 15).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  290,
						  1203.2,
						  3000,
						  3000(b)(9)(A),
						  3052,
						  3053,
						  3056,
						  3057,
						  5054,
						  5054.1 and
						  5076.2, Penal Code; and Sections
						  11561
						  and
						  11563,
						  Health and Safety Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3762 - Parole Violation Report (CDCR Form 1676)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Parole violations are documented on the CDCR Form 1676 (Rev.
						04/13), Parole Violation Report, hereby incorporated by reference. The CDCR Form
						1676 shall be prepared electronically within the Parole Violation Disposition
						Tracking System (PVDTS) by the parole agent specifying the charges against the
						parolee and shall contain or refer to the information known to the parole agent
						relevant to the charges. The CDCR Form 1676 shall be processed as described in
						Section 3768.3 upon completion.
1. New section
						filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 2-6-2014 order, including amendment of section,
						transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8-27-2014
						pursuant to Government Code section
						11343.4(b)(3)
						(Register 2014, No. 35).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  290,
						  1203.2,
						  3000,
						  3000(b)(9)(A),
						  3000.08(a),
						  3015(b) 3052, 3053,
						  3056, 3057, 5054, 5054.1 and 5076.2, Penal Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3763 - Petition for Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Judicial Council of California Form CR 300 (Rev. 01/15),
						Petition for Revocation, which is incorporated by reference, or the unique court
						form established by a court for this purpose in a particular county, shall be
						utilized by the parole agent for submitting a recommendation for revocation of
						parole to the court.
(a) The parole agent
					 shall submit the Form CR 300, or the unique court form established by a court for
					 this purpose in a particular county, with the following attachments:
(1) CDCR Form 1676 (Rev. 04/13), Parole Violation
					 Report
(2) CDCR Form 1502-B (Rev.
					 05/15), Probable Cause Determination
(3)
					 CDCR Form 1521-B (Rev. 04/13), Criminal History, which is incorporated by
					 reference
(4) CDCR Form 1244 (Rev.
					 4/13), Parole Violation History, which is incorporated by reference
(5) CDCR Form 1515 (Rev. 04/14), Notice and
					 Conditions of Parole
(6) A printed copy
					 of the completed automated CDCR 1515-Addendum (Rev. 04/19), Special Conditions of
					 Parole.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3764 - Recommendations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parole agent shall recommend the appropriate sanction to
						address the violation charged. Public safety shall be the primary concern when
						determining the recommendation. The parole agent shall choose from the following
						recommendations and make the recommendation on the CDCR Form 1502-B (Rev.
						05/15):
(a) Continue on Parole. This
					 recommendation may be used when the violation charged is not serious enough to
					 warrant petition for revocation. A "Continue on Parole" recommendation may include a
					 recommendation to delete or modify conditions of parole, or add special conditions
					 of parole.
(b) Refer to a local
					 community program. This recommendation may be used when the violation charged is not
					 serious enough to warrant a petition for revocation of the parolee, but does require
					 treatment which can be obtained in a community facility or program.
(c) Remedial Sanctions to include but not limited
					 to the use of Electronic In-Home Detention monitoring.
(d) Petition for Revocation upon review and
					 approval by the parole administrator as described in subsection
					 3760(c). This
					 recommendation may be used whenever the violation charged is indicative of a
					 violation of conditions of parole or of the law.
1. New section
						filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant
						to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 2-6-2014 order transmitted to OAL 7-16-2014 and
						filed 8-27-2014 (Register 2014, No. 35).
3. Amendment of first paragraph
						filed 4-9-2019; operative 7-1-2019 (Register 2019, No. 15).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference: Sections
						  1203.2,
						  3000(b)(7),
						  3000(b)(9)(A),
						  3052,
						  5054 and
						  5054.1, Penal Code.
The amended version of this section by
						Register
						2024, No. 28, effective 7/1/2024 is not yet
						available.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3765 - Legal Custody and Jurisdiction of County Jail Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A parolee may be housed in a county jail facility in the
						county where he or she was arrested or the county where the petition to revoke
						parole is filed.
(a) When housed in a
					 county jail facility, parolees are under the sole legal custody and jurisdiction of
					 the county, and shall remain under the sole legal custody and jurisdiction of the
					 county sheriff or county correctional administrator even if placed in an alternative
					 custody program in lieu of incarceration, including but not limited to, the
					 following:
(1) Work Furlough
(2) Electronic In-Home
					 Detention
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3766 - Warrants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to
					 Section 3504.2, inmates meeting the criteria
					 for assignment to the Highest Control or Risk Classification, upon release from
					 confinement from a State facility, are required to report to their assigned parole
					 agent within two days or 48 hours of release from state prison. Within 24 hours of
					 the parolee's failure to report, the DAPO parole agent shall petition the local
					 court as described in subsection
					 3766(b)(1).
(b) When the parolee is released from a county
					 jail facility, where the parole agent has determined that the parolee has become
					 unavailable for supervision, or of being suspected of committing a serious crime,
					 the parole agent shall attempt to locate the parolee, and if the parole agent has
					 determined that the parolee's whereabouts are unknown, obtain a warrant from the
					 court for the parolee's arrest, completing the following steps:
(1) Petition the court to issue a written order
					 for the arrest of the parolee pending a hearing before the court utilizing Judicial
					 Council of California Form CR 301 ( 
					 07/13 ), Warrant
					 Request and Order, which is incorporated by reference, or the unique court form
					 established by a court for this purpose in a particular county.
(2) Monitor the parolee's status until such time
					 that the parolee is re-arrested and remanded into local custody upon the issuance of
					 an arrest warrant.
(3) Recall the
					 warrant issued by the court upon a parolee's arrest utilizing Judicial Council of
					 California Form CR 302 ( 
					 07/13 ), Request
					 and Order to Recall Warrant, which is incorporated by reference, or the unique court
					 form established by a court for this purpose in a particular county, when
					 appropriate.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3767 - Flash Incarcerations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
						filed 4-9-2019; operative 7-1-2019 (Register 2019, No. 15).
2. Repealer
						filed 1-28-2021; operative 4-1-2021 (Register 2021, No. 5). Filing deadline
						specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Section
						  5054, Penal Code.
						  Reference: Section
						  3000.08, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3768 - Parole Violation Decision-Making Instrument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose
					 of the Parole Violation Decision-Making Instrument (PVDMI) is to enable parole staff
					 to uniformly determine, recommend, and impose proportionate and consistent sanctions
					 for parole violators. These sanctions will be based on the risk level of the
					 offender and the severity of the violation. The risk level of the offender is
					 determined by the California Static Risk Assessment, as described in section
					 3768.1. The severity of the violation
					 is based on the department's analysis of all technical and criminal violations.
					 Severity rankings were developed in conjunction with, the California Department of
					 Justice, the Board of Parole Hearings, and the department.
(b) The PVDMI shall be used to assess all
					 violations of parole except as noted in section
					 3768.2.
(c) For the purposes of this section, "severity
					 rankings" are determined by rating all known parole violation codes, as provided in
					 the Violation Code Descriptions (new 
					 12/09 ), which is
					 incorporated by reference, in a numerical value from 1 to 4.
1. Amendment of
						article heading and new section filed 1-7-2010 as an emergency; operative 1-25-2010
						pursuant to Penal Code section
						5058.3(a)
						and Government Code section
						11346.1(d)
						(Register 2010, No. 2). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency
						language will be repealed by operation of law on the following day.
2.
						Certificate of Compliance as to 1-7-2010 order, including amendment of section
						heading and section, transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register
						2010, No. 30).
Note: Authority cited: Sections
						  5058 and
						  5058.3, Penal Code.
						  Reference Sections
						  3015,
						  5054 and
						  5076.2, Penal
						  Code.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3768.1 - California Static Risk Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 California Static Risk Assessment (CSRA) (new 
					 12/09 ), which is
					 incorporated by reference, is a validated risk assessment tool that utilizes a set
					 of risk factors which are most predictive of recidivism. The tool produces a risk
					 number value that will predict the likelihood that an offender will incur a felony
					 arrest within a three-year period after release to parole.
Risk factors utilized include, but are not limited to, age,
						gender, criminal misdemeanor and felony convictions, and sentence/supervision
						violations.
(b) CSRA risk number
					 values fall in one of following five categories:
(1) Low Risk, with a risk number value of
					 "1".
(2) Moderate Risk, with a risk
					 number value of "2".
(3) High Risk Drug,
					 with a risk number value of "3". High Risk Drug means that the offender has a
					 greater risk of reoffending with a drug offense.
(4) High Risk Property, with a risk number value
					 of "4". High Risk Property means that the offender has a greater risk of reoffending
					 with a property offense.
(5) High Risk
					 Violence, with a risk number value of "5". High Risk Violence means that the
					 offender has a greater risk of reoffending with a violent
					 offense.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3768.2 - Exclusions from the Mandatory Use of the Parole Violation Decision-Making Instrument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The CDCR
					 Form 1500 (Rev. 05/13), Parole Violation Decision-Making Instrument (PVDMI), which
					 is incorporated by reference, shall be used to assess all known parole violations
					 except in the following circumstances:
(1) Any
					 alleged violation committed by a felon from another state who is being supervised in
					 California under the provisions of the Interstate Commission for Adult Offender
					 Supervision (Compact).
(2) Any alleged
					 violation which is based on in-custody behavior.
(3) If the automated PVDMI system is inoperable
					 due to system failure. The Parole Automation Team (PAT) will notify system users of
					 the failure and estimated time of system restoration, via electronic mail. Upon
					 restoration of the system, the PAT will utilize electronic mail to notify users that
					 the system is operational.
(4) Any
					 alleged violation committed by a participant of a reentry court program shall have
					 his or her violation referred to the reentry court for
					 adjudication.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3768.3 - Utilization of the Parole Violation Decision-Making Instrument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 automated CDCR Form 1500 shall be utilized as the reporting mechanism within the
					 Parole Violation Disposition Tracking System (PVDTS) for the following types of
					 alleged parole violations:
(1) Any alleged
					 violation that can be adjudicated by the Division of Adult Parole Operations at the
					 parole unit level.
(2) Any alleged
					 violation referred to the Board of Parole Hearings for final adjudication with a
					 recommendation to Continue On Parole, when the offender is not in custody,
					 excluding:
(A) Residential Substance Abuse or
					 Treatment Program placement recommendations.
(B) In-Custody Drug Treatment Program placement
					 recommendations.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3769 - Parole Reentry Court Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As part of
					 the parole reentry accountability program for parolees established under Penal Code
					 section
					 3015, the Reentry
					 Court Program (RCP) operates under an established memorandum of understanding
					 between the Administrative Office of the Court and the California Department of
					 Corrections and Rehabilitation (department). The RCP is designed to promote public
					 safety, hold parolees accountable for their behavior, and reduce
					 recidivism.
(b) Under the RCP, services
					 that may be provided to program participants include but are not limited to:
(1) Substance abuse and addiction
					 treatment.
(2) Residential
					 housing.
(3) Individual/group
					 counseling.
(4) Vocational
					 training.
(5) Anger
					 management.
(6) Intensified
					 supervision.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3769.1 - Reentry Court Program Eligibility Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be
					 eligible for the Reentry Court Program (RCP) a parolee must meet all of the
					 following eligibility criteria:
(1) Parolees must
					 have been sentenced to a term of imprisonment under Penal Code section
					 1170 and released
					 from an institution or facility to a period of parole supervision.
(2) Parolees must have a documented history of
					 substance abuse or mental illness.
(3)
					 Parolees must violate their conditions of parole.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3769.2 - Reentry Court Program Exclusionary Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 following offenders are excluded from participating in the Reentry Court Program
					 (RCP):
(1) Parolees required to register as a sex
					 offender pursuant to the provisions of Penal Code section
					 290 through
					 290.023,
					 inclusive.
(2) Parolees subject to
					 supervision via Global Positioning System monitoring as provided in section
					 3560.
(3) Parolees subject to non-revocable parole
					 pursuant to section
					 3505.
(4) Any exclusionary criteria established by the
					 participating RCP county.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3769.3 - Participation in the Reentry Court Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Parolees who
					 meet the eligibility criteria provided in section
					 3769.1 and who are not otherwise
					 excluded as provided for in section
					 3769.2 may participate in the Reentry
					 Court Program (RCP) if one of the following referrals is made:
(1) The RCP judge may refer a parolee who is under
					 the dual jurisdiction of the department and local probation, or who is currently on
					 parole and facing new criminal charges that may result in a new conviction and
					 subsequent return to prison.
(2) A
					 Deputy Commissioner may refer a parolee who commits a violation of parole to the RCP
					 as a remedial sanction. The Parole Violation Decision Making Instrument shall be
					 utilized in making a determination whether to refer the parolee, pursuant to the
					 provisions of sections
					 3768 through
					 3768.3.
(3) Parole Agents may refer directly to the RCP a
					 parolee who commits a violation of parole which is not subject to mandatory referral
					 to the Board of Parole Hearings pursuant to section
					 2616. A parolee referred under this
					 subsection shall:
(A) Waive his or her right to a
					 revocation hearing by signing a CDCR Form 1420 (Rev. 08/10), Placement
					 Acknowledgement Waiver, which is incorporated by reference.
(B) Sign the CDCR Form 1515-RCP ( 
					 12/10 ), Reentry
					 Court Program Special Conditions of Parole, which is incorporated by
					 reference.
California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 6 - Adult Parole › Article 19 - Parole Violations, Flash Incarcerations, and Reports › Section 3769.4 - Parole Agent Responsibilities - Reentry Court Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The reentry
					 parole agent will work as part of the Reentry Court Program (RCP) team. Reentry
					 parole agent duties shall include, but not be limited to the following:
(1) Attend RCP team meetings at least once per
					 week.
(2) Present referral packets to
					 the RCP team for review.
(3) Obtain any
					 additional parole casework information requested by the RCP team.
(4) Act as liaison between the reentry court and
					 other divisions and programs within the department.