California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 6 - Parole Revocation › Article 8 - Multijurisdiction Regulations › Section 2731 - Absconders from California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Reporting. P&CSD shall report to the local board at the central office
				  calendar any parolee who absconds. A parolee absconds when the parolee leaves
				  California without permission, does not return to California after leaving with
				  permission or has not been available for contact for thirty days. An absconder
				  report shall be submitted whenever P&CSD is aware that a parolee has
				  absconded although the parolee may be in the custody of another jurisdiction
				  and the parolee's location known at the time the report is submitted. The
				  report shall indicate the date the parolee absconded or the date P&CSD
				  determined the parolee absconded.
(b) Board Action. When an absconder report is
				  submitted, the board at the central office calendar shall review the report and
				  suspend parole. The date of suspension shall be the date the parolee left
				  California, the date the parolee should have returned to California if out of
				  state with permission, or the date P&CSD determined he absconded. The
				  parole period stops running the date of suspension. The suspend action
				  authorizes the board to issue a warrant for the parolee's arrest if the
				  parolee's whereabouts are unknown or to place a California detainer if he is in
				  the custody of another jurisdiction.
(c) Absconder Located.
(1) Reporting. P&CSD shall report to the
				  board at the central office calendar when an absconder is located. If the
				  absconder is located in California the report shall indicate the date the
				  parolee was located or arrested, whichever is earlier, and the parole period
				  will recommence on that date. If the absconder is located in another
				  jurisdiction, the parole period will recommence as provided in subsection
				  (c)(2).
(2) Board Action.
(A) Located in California. If the absconder
				  is located in California the provisions of Articles 1-5 shall apply to the
				  revocation procedures. The board shall reinstate parole effective the date the
				  parolee is arrested or located, whichever is earlier. If the board orders
				  parole revoked, the parolee shall receive credit on the revocation period for
				  any time in custody after the date the parolee is arrested or located,
				  whichever is earlier. If the parolee is arrested under an alias, the
				  reinstatement and credit for time in custody shall commence on the date of
				  arrest even if the Department is unaware of the arrest because of the parolee's
				  use of an alias.
(B) Located
				  Outside California.
1. General. If the
				  absconder is located in another jurisdiction the board at the central office
				  calendar shall determine whether the parolee should be discharged, referred for
				  supervision in the other jurisdiction or scheduled for revocation proceedings
				  as provided in this subsection. The department report may contain any of these
				  as recommendations.
2. Discharge.
				  After reviewing the case the board may decide to waive the remaining period of
				  parole. This shall be accomplished by reinstating the parolee on parole the
				  date of the board action and waiving the remaining period of parole.
3. Out of State Referral. In determining
				  whether the absconder shall be referred for supervision in the other
				  jurisdiction, the board shall consider the following information: the parolee's
				  employment history and stability; the parolee's residential pattern; the
				  parolee's family and community relationships; the parolee's record of
				  absconding from parole.
If the parolee is referred for supervision in the other
					 jurisdiction the parolee shall be reinstated and the parole period shall
					 recommence on the date the board orders the parolee referred.
4. Revocation Proceedings Scheduled.
a. No Criminal Prosecution. If the parolee is
				  not undergoing criminal prosecution in the other state the board shall order
				  the parolee returned to California for revocation proceedings. The parolee
				  shall be reinstated on parole effective the date the parolee waived extradition
				  or the date the court ordered the parolee extradited if he contested
				  extradition. The parole period commences on the effective date of
				  reinstatement.
The parolee shall have a revocation hearing upon his return
					 to California as provided in Article 3 of this Chapter. If the board orders
					 parole revoked the parolee shall receive credit on the revocation period for
					 any time in custody after the effective date of reinstatement.
b. Criminal Prosecution. If the parolee is
				  undergoing criminal prosecution in the other state and waives extradition,
				  department staff shall notify him that he may unconditionally waive the
				  revocation hearing (§
														2651). If the parolee waives the
				  hearing the board action shall include a reinstate action to reinstate the
				  parole period effective the date of the in absentia hearing. If the board
				  orders parole revoked the parolee shall receive credit on the revocation period
				  for any time in custody after the effective date of reinstatement.
If the parolee does not waive extradition or does not waive
					 the revocation hearing he shall have a revocation hearing upon return to
					 California as provided in Article 3 of this Chapter. The board shall reinstate
					 parole effective on the later of: the date the other jurisdiction notifies
					 P&CSD that the parolee can be returned to California because the criminal
					 prosecution has terminated; or the date the parolee waives extradition. The
					 parole period commences on the effective date of reinstatement. If the board
					 orders parole revoked the parolee shall receive credit on the revocation period
					 for any time in custody after the effective date of reinstatement.
When the prosecution terminates, the board shall review the
					 decision to revoke or to schedule for revocation in light of the disposition at
					 the criminal proceedings. The board may reaffirm its earlier action, discharge
					 the parolee, or modify the revocation period, if
					 any.