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.

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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