California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2513 - Special Conditions of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Special conditions may be established and imposed by the
					 department or the board as provided in §
										2510, and are in addition to the
					 general conditions of parole. Special conditions include:
(a) "To participate in Psychiatric Treatment.
				  You agree to participate in the psychiatric treatment program approved for you
				  by the Parole and Community Services Division." This special condition shall be
				  imposed whenever the board, or the department psychiatric staff, have
				  determined that treatment is required for successful adjustment on
				  parole.
(b) "To abstain from
				  Alcoholic Beverages. You agree to totally abstain from the use of any alcoholic
				  beverages or liquors." This special condition shall be imposed whenever the
				  circumstances of the commitment offense are such that this condition is
				  required by the provision of Penal Code section
				  3053.5. This
				  special condition may also be imposed whenever the board or the department
				  determines that such a condition is warranted by the circumstances of the
				  case.
(c) "To Participate in
				  Anti-Narcotic Testing. You agree to participate in anti-narcotic testing in
				  accordance with instructions from a parole agent." This special condition may
				  be imposed if there is a documented or admitted history of controlled
				  substances usage.
(d) "Residence.
				  You shall maintain a residence with a street address or a dwelling location
				  approved in writing by the Parole and Community Services Division." This
				  special condition shall be imposed on all parolees required to register under
				  the provisions of Penal Code sections
				  290 and
				  457.1, and
				  Health and Safety Code section
				  11590.
(e) "Gang Participation. You will not
				  actively participate in, promote, further or assist in any prison gang,
				  disruptive group, or criminal street gang activity as enumerated in Penal Code
				  section
				  186.22(e),
				  nor violate any gang abatement injunction, ordinance, or court order. You will
				  not associate with any prison gang, disruptive group, or street gang member,
				  nor wear or carry on your person, gang colors or any sign, symbol, or
				  paraphernalia associated with gang activity." These special conditions may be
				  imposed if there is a history of street gang, disruptive group, or prison gang
				  membership, affiliation, or association.
As used in title 15, division 2, a disruptive group is
					 defined as any gang other than a prison gang; a prison gang is defined as any
					 gang which originated and has its roots within the department or any other
					 prison system; and a criminal street gang is defined as any formal or informal
					 organization, association, or group of three or more persons having as one of
					 its primary activities the commission of a criminal act enumerated in Penal
					 Code section
					 186.22(e),
					 or planning, organizing, threatening, financing, or soliciting such acts. A
					 gang is also defined as a group having a common identifying sign or symbol,
					 whose members individually or collectively engage in, or have engaged in,
					 repetitive or escalating non-criminal activities which the board determines to
					 be a threat to public safety.
Only those gang tattoos received prior to parole are not
					 considered to be a violation of this special condition.
(f) A special condition of parole which
				  requires the parolee to participate in a residential program shall not be
				  imposed without a Special Condition/Placement Hearing by the Board conducted in
				  accordance with due process as defined in revocation procedures, Title 15,
				  Division 2, Chapter 6, Article 3.
(1) A
				  parolee with parole revocation charges shall have the review for Special
				  Condition/Placement conducted concurrently with the Revocation
				  Hearing.
(2) A parolee without
				  parole revocation charges shall be afforded appropriate notification per §
											2643 prior to the Special
				  Condition/Placement Hearing.
(3)
				  Waiver. A parolee may waive his right to a Board hearing pursuant to §
											2641. If the parolee waives his
				  right to a Board hearing, the Board, upon receipt of notification, may impose
				  the special condition of parole that the parolee must participate in the
				  residential program up to the statutory maximum (see §
											2515).