Conditions of PRCS

What conditions must I follow if I am on PRCS?

You must comply with all of your conditions on PRCS.[782] The standard conditions include:

    A waiver of your Fourth Amendment Rights—agreeing to be searched by law enforcement without probable cause;
    Informing the Probation Department of your home and work addresses; and
    Never possessing or having access to weapons.[783]
  1. 782

    Cal. Penal Code § 3452. ↑

  2. 783

    Cal. Penal Code §§ 3067(a); 3453. ↑

Is there a document where I can find all my PRCS conditions?

Yes—you should refer to your signed CDCR Form 1515, “Notice and Conditions of Parole” (see Appendix G, PG. 268 for an example of this form).[784]

If you do not sign the conditions while you are still incarcerated, the prison/jail staff will notify the county of your supervision, and you can be held in custody until you sign Form 1515 or until your credits expire.[785]

  1. 784

    See Cal. Dep’t of Corr. & Reh., Form 1515. ↑

  2. 785

    See Cal. Dep’t of Corr. & Reh., Form 1515. ↑

Can I challenge a PRCS condition?

Yes. The legal standards for determining whether a PRCS condition is unlawful are generally the same as for parole conditions.[786] Please refer to, PG. 178 to understand what makes a PRCS or state parole condition lawful or unlawful.

  1. 786

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

How do I challenge a PRCS condition?

The procedure will depend on whether the supervising agency (the county probation department) or the court made the decision, and when the challenge is being raised.

IF THE CONDITION WAS SET BY THE PROBATION OFFICER SUPERVISING YOUR PRCS: then you should complete any administrative appeal or grievance process that is available through Probation. If there is no administrative appeal process or the administrative appeal is unsuccessful, then you can file a state petition for a writ of habeas corpus in the local superior court.[787] See Appendix K PG. 280 to learn how to file a state petition for a writ of habeas corpus.

IF THE CONDITION WAS SET BY THE COURT JUDGE OR A COURT-APPOINTED HEARING OFFICER: then you should be able to proceed with a court challenge. It appears likely that a direct appeal can be filed under the statute that allows an appeal to be filed “from any order made after judgment, affecting the substantial rights of the party.” To appeal, you must file a notice of appeal in the superior court within 60 calendar days after the court’s decision.

When a timely notice of appeal is filed, the Superior Court will prepare a record of the parole revocation proceedings with all the documents filed in the court AND transcripts of the hearings, and will provide these documents to the Court of Appeal, the State, and to you (the parolee).

    In a direct appeal, an attorney will be appointed by the Court of Appeal at state’s expense, if the parolee does not have enough money to pay for one.
    If you wish to have a court-appointed attorney, you must file your notice of appeal within 60 calendar days after the court’s decision.

If the notice of appeal is not timely filed or if the issue involves information that is not in the court record, it might be possible to raise the issues in a state court habeas corpus petition.

IMPORTANT: Whether or not issues from your case can be raised on a habeas appeal can be a difficult subject to determine. For this reason, it is recommended that you seek help from a court-appointed attorney, if possible. Again, remember that if you wish to have a court-appointed attorney, you must file your notice of appeal within 60 calendar days after the court’s decision.

!

Please refer to Appendix K, on PG. 280 for more information on direct appeals and state habeas corpus petitions, including sample forms.

  1. 787

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

What could happen if I do not follow the conditions of my PRCS?

There are different types of consequences for not following (violating) the terms and conditions of your post-release community supervision (PRCS). These include:

    INTERMEDIATE SANCTIONS: PRCS agencies are supposed to develop and use “intermediate sanctions” for minor violations of PRCS conditions. Intermediate sanctions could include programs like drug treatment, mental health counseling, and job assistance.[788]
    FLASH INCARCERATION: Another type of punishment for violating a PRCS condition is “flash incarceration.” Flash incarceration is an immediate return to jail for a period of up to 10 days.[789] One of the conditions for being placed on PRCS is that you give up the right to demand a court hearing before being subject to flash incarceration.[790]
    COURT PETITION TO MODIFY/REVOKE/TERMINATE PRCS: If county probation decides that more serious punishment is appropriate for the violation, the agency will file a petition to modify, revoke, or terminate PRCS through the County Superior Court. Probation’s petition will be filed with a hearing officer appointed by the local Superior Court. Either the supervising agency (probation department) or the hearing officer can decide to keep a person in custody (in jail) while the petition is pending.[791]
  1. 788

    Cal. Penal Code § 3450(b)(8). ↑

  2. 789

    Cal. Penal Code § 3450(b)(8)(A). ↑

  3. 790

    Cal. Penal Code §§ 3453(q) and 3454(c). People earn credit toward their PRCS terms for actual time spent in flash incarceration, but do not earn any good conduct credits for such incarceration. Cal. Penal Code §§ 4019(i), 3450(b)(8)(A). ↑

  4. 791

    Cal. Penal Code § 3455(a)-(c). ↑