Additional Restrictions from Parole or Probation & Your General Rights

I am on parole or probation. How could this impact my ability to reconnect with my child or grandchild?

In addition to “no-contact” conditions (read more on PG. 730), you may have travel restrictions placed on you by parole or probation that limit your ability to reconnect with your child or grandchild.

Travel Restrictions could make it difficult for you to visit your child or grandchild, especially if he or she lives in another county. If you have limits on where or how far you can travel, you should talk to your parole agent or probation officer and request a travel pass—and make sure you get approval in writing! Alternatively, you can arrange with family, friends, a case manager or mentor, parole officer, or through the court (by requesting a change in the conditions of your supervision) for your child or grandchild to come visit you. Always check with your parole agent or probation officer if you are unsure if you have any travel restrictions.

Transfer Restrictions: There may also be limitations on your ability to transfer your parole location to certain counties for a number of reasons—and you should get to know these limitations BEFORE you attempt to move, visit, or contact your child or grandchild. Again, it is always best to follow a condition while appealing it rather than violate that condition. Speak to your parole agent or probation officer about your conditions so that you are clear where you can go and where you cannot go.

    To challenge a condition of state parole, you will likely have to file a CDCR Form 602 administrative appeal and Form 22 with the Parole Department.[2352] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 173.
    To challenge a condition of probation or Mandatory Supervision, you must go back to the criminal court that sentenced you to probation or supervision, and ask the judge to remove or change the condition.[2353] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 192 (misdemeanor probation) and PG. 196 (felony probation).
    To challenge a condition of Post-Release Community Supervision (PRCS), you will have to either file an administrative appeal through probation or go directly to Superior Court depending on whether the county probation department or the court put the condition on you[2354] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 199.
    To challenge a condition of federal probation, you will have to file a Notice of Appeal with the Clerk of the Court where you were convicted and contact the Federal Public Defender’s Office. Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 213.
    To challenge a condition of Supervised Release, you will have to file a Notice of Appeal with the Clerk of the Court where you were convicted and contact the Federal Public Defender’s Office. Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 213.
    To challenge a condition of federal parole, you will have to file a Notice of Appeal with the Clerk of the Court where you were convicted and contact the Federal Public Defender’s Office.[2355] Read more about that process in the PAROLE & PROBATION CHAPTER at PG. 213.
  1. 2352

    How to File CDCR Administrative Appeal, Prison Law Office, http://prisonlaw.com/pdfs/AdministrativeAppeals,July2010.pdf.

  2. 2353

    Cal. Penal Code § 1203.3(a) (“The court shall have authority at any time during the term of probation to revoke, modify, or change its order of suspension of imposition or execution of sentence.).

  3. 2354

    See Prison Law Office, The Parolee Rights Manual at 34, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf

  4. 2355

    Fed. R. Crim. P. 32.1(c).