NEW 2010 PAROLE VIOLATION AND REVOCATION RULES WHICH HELP PAROLEES STAY OUT OF JAIL
NEW PAROLE REVOCATION LAWS FOR 2010 WHICH REDUCE THE NUMBER OF PAROLE VIOLATIONS AND REVOCATIONS ISSUED TO PAROLEES:
In late 2009, Governor Arnold Schwarzenegger signed Senate Bill x3 18, authored by Sen. Denise Ducheny (D-San Diego), which changes the current parole system in several positive ways: This new bill allows parole agents to focus their time on supervising the more serious offenders, reduces parole agent caseloads and implements a new outcome-based case planning process that provides incentives for parolee success.
PAROLEES WHO COMMIT NEW CRIMINAL OFFENSES WILL NOT AUTOMATICLLY BE SUBJECT TO A PAROLE VIOLATION, PAROLE HOLDS OR PAROLE REVOCATION:
The new laws and reforms create a system of “summary” or “non-revocable” parole for certain low-risk parolees. In other words, in many cases where a Defendant is on parole and gets arrested for a minor offense, the parole officer will not even be allowed to revoke parole or place a parole hold on the parolee! In fact, in these minor misdemeanor and felony offenses (usually non violent offenses), a parolee is never even flagged for a parole hearing as long as they meet the requirements listed in SBx18, sec. 48 (see below)! This new policy is an attempt to free up parole officers’ time so they are not investigating and wasting resources conducting parole violation hearings or placing holds on parolees who are generally complying with parole requirements but end up committing some minor offense (such as a misdemeanor or non violent felony). No longer will every tiny mistake or encounter with police result in a parole hold or a possible parole violation
To see if a new arrest or conviction while on parole constitutes a parole violation that could result in revocation or a hold, see the text of SBx18, sec. 48, provided below:
The Legislative Counsel’s Digest of this portion of Bill SBx318 says the following:
“Under existing law, the department is authorized to return a parolee to prison if the Board of Parole Hearings determines that the parolee violated the terms of his or her parole, as specified…This bill would prohibit the department from returning certain parolees to prison, placing a parole hold on the parolee, or reporting the parolee to the Board of Parole Hearings for a violation of parole, as specified.” [Emphasis Added.]
SBx18, sec. 48 [note the phrase “notwithstanding any other provision of law” that begins new § 3000.03]:
3000.03. Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation shall not return to prison, place a parole hold on pursuant to [Pen. C. §] 3056, or report any parole violation to the Board of Parole Hearings regarding any person to whom
all of the following criteria apply:
(a) The person is not required to register as a sex offender [under Pen. C. §§ 290 et seq.].
(b) The person was not committed to prison for a serious felony as defined in Sections 1192.7 and 1192.8, or a violent felony, as defined in Section 667.5, and does not have a prior conviction for a serious felony… or a violent felony, as defined in [those Sections].
(c) The person was not committed to prison for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code [Sexually Violent Predators] and does not have a prior conviction for [such an offense].
(d) The person was not found guilty of a serious disciplinary offense, as defined in regulation by the department [see Cal. Code Regs., tit. 15, § 3315], during his or her current term of imprisonment.
(e) The person is not a validated prison gang member or associate, as defined in regulation by the department. [See Cal. Code Regs., tit. 15, § 3000.]
(f) The person did not refuse to sign any written notification of parole requirements or conditions, including, but not limited to, the written notification of requirements pursuant to [Pen. C. §] 3067 [consent to warrantless search and seizure].
(g) The person was evaluated by the department using a validated risk assessment tool and was not determined to pose a high risk to reoffend.
Operative January 25, 2010.
[Check back for more of my updates on the new 2010 laws that affect the criminally accused.]
