PAROLE & PROBATION APPENDIX

PAROLE & PROBATION APPENDIX

General and Discretionary Conditions of California State Parole – PG. 251California State Parole Term Lengths – PG. 253Learn How To Calculate Your State Parole Discharge Date – PG. 255State Parole (DAPO) Regional Appeals Coordinators Addresses & Phone Numbers – PG. 257Notice Of Arson Offender Registration Requirement – PG. 258California Penal Code Sections 3000(b) & 3000.1 – PG. 259California CDCR Form 1515 – PG. 262California CDCR Form: Written Consent For Minor Visitation – PG. 267California CDCR Form 22 – PG. 269California CDCR Form 602 – PG. 271How To File A State Writ Habeas Corpus Petition – PG. 274California CDCR Form 1502 – PG. 277Transferring To Another State As a Person Required to Register as a Sex Offender – PG. 279Interstate Compact Process Flowchart – PG. 280 California CDCR Form 106 – PG. 281California CDCR Form 106-A – PG. 283California CDCR Form 1824 – PG. 285California BPH Form 1074 – PG. 288California CDCR Form 611 – PG. 291California CDCR Form 1845 – PG. 294California CDCR Form 128C-2 – PG. 297California CDCR Form 1707 – PG. 300Selected California Formal Probation Instructions (County Specific) – PG. 302Sample Instructions for County Probation From Different Counties in California – PG. 303Changing Conditions of Informal or Formal Probation – PG. 305Sample Instructions for PRCS from Different Counties in California – PG. 307Requesting an Accommodation for Your Disability on County-Level Probation – PG. 308U.S. Department Of Justice, Federal Bureau Of Prisons (BOP) Form BP-A714.056, “Notice Of Release And Arrival” – PG. 309Federal Probation/Supervised Release: Standard Conditions – PG. 311Federal Probation/Supervised Release: Discretionary Conditions – PG. 312List Of Factors Federal Judges Consider When Determining Whether To Let Someone Off Probation Early – PG. 314Federal Crime Classes – PG. 315Sample Certificate Of Supervised Release – PG. 316Federal Supervised Release: Term Length Chart – PG. 319Federal Supervision: Release Plans – PG. 320Appeals to the National Appeals Board – PG. 321Federal Parole: Revocation Hearings – PG. 322Referrals for Parole Consideration Hearings before the BPH – PG. 323Excerpt from Human Rights Watch’s “Youth Offender Parole Guide”— Checklist to Determine Who is Eligible for a Youth Offender Parole Hearing under SB 260 and SB 261 – PG. 325.Form to Contest Disqualification by BPH as a “Youth Offender” under California Penal Code section 3051 –PG. 325.Root & Rebound’s “Prop. 57 Info Sheet” – PG. 326.
Appendix A
General and Discretionary Conditions of California State Parole[1091]
General Conditions of State Parole:
    The release date and how long the parolee may be on parole. 
    Advisement that the parolee, their residence, and possessions can be searched at any time of the day or night, with or without a warrant, and with or without a reason. This can be done by a parole agent or police officer. 
    By signing the parole conditions, the parolee waives extradition if they are found out of state. 
    The parolee’s obligation to always tell their parole agent where they live and work. 
    The parolee’s obligation to report upon release from prison or jail. 
    The parolee’s obligation to tell their parole agent about a new address before they move. 
    The parolee’s obligation to tell their parole agent, within three days, if they get a new job. 
    The parolee’s obligation to report to their parole agent when told to report or a warrant can be issued for their arrest.
    The parolee’s obligation to follow their parole agent’s instructions. 
    The parolee’s obligation to ask their parole agent if it is OK to travel more 50 miles from their residence, and receive approval before they travel. 
    The parolee’s obligations to receive a travel pass before they leave the county for more than two days.
    The parolee’s obligations to receive a travel pass before they can leave the State. 
    The parolee’s obligation to obey ALL laws. 
    The parolee’s obligation to tell their parole agent immediately if they get arrested or get a ticket. 
    An advisement that if a parolee breaks the law, they can be sent back to prison even if they do not have any new criminal charges.
    The parolee’s obligation to not be around guns, or things that look like a real gun, bullets, or any other weapons. 
    The parolee’s obligation to not have a knife with a blade longer than two inches except a kitchen knife. Kitchen knives must be kept in your kitchen. 
    Knives you use for work are also allowed if approved by the parole agent tells, but they can only be carried while at work or going to and from work. The parolee must possess a note from the parole agent approving this, and it must be carried at all times.
    The parolee’s obligation to not own, use, or have access to a weapon listed in Penal Code Section 12020.
    The parolee’s obligation to sign their conditions of parole. Failure to sign them can result in a return to prison.
Discretionary Conditions of State Parole:
    Require you to support your dependents and meet other family responsibilities;
    Require that you make restitution to a victim of the offense under section 3556;
    Require that you give notice (ordered pursuant to the provisions of section 3555) to the victims of the offense;
    Require that you be employed or be pursuing educational/vocational training to prepare you for suitable employment;
    Prevent you altogether from working in a specified occupation, business, or profession with a reasonably direct relationship to the conduct underlying your commitment offense (OR prevent you from working in a specified occupation, business, or profession only to a certain degree/under stated circumstances);
    Forbid you from going to specified kinds of places;
    Forbid you from associating with specified persons;
    Forbid you from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner;
    Forbid you from possessing a firearm, destructive device, or other dangerous weapon;
    Require that you get medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency (as specified by the court)
    Require that you live in a specified institution for medical, psychiatric, or psychological treatment
    Require that you remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense, during the first year of the term of probation or supervised release (this is known as intermittent confinement);
    Require you to live at a community corrections facility (including somewhere maintained by or contracted with the Bureau of Prisons), or attend a program at such a community corrections facility, for all or part of the term of probation;
    Require you to work in community service as directed by the court;
    Require you to live in a specified place or area, or prevent you from living in a specified place or area;
    Require you to remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;
    Require you report to a probation officer as directed by the court or the probation officer;
    Allow a probation officer to visit you at your home or elsewhere as specified by the court;
    Require you to quickly notify your probation officer, or answer your P.O.’s questions, about any change in address or employment;
    Require you to quickly notify your probation officer if you are arrested or questioned by a law enforcement officer;
    Require you to stay at home/where you live during non-working hours (this is known as home confinement or house arrest), and require you to be monitored by telephonic or electronic signaling devices to track you and make sure you are at home during these times. This condition can only be used as an alternative to incarceration.
    Require that you obey any court order or other government administrative order that requires you to pay for support/maintenance of a child or to both the child and parent with whom the child is living;
    Deport you if you are “deportable” by law;
    Satisfy any other court-imposed conditions; and
    If you are required to register under the Sex Offender Registration and Notification Act: The judge may order a search at any time, with or without a warrant, of your person, any property, your house/residence, vehicle, papers, computer, or other electronic/data devices or media, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or unlawful conduct, and by any probation officer lawfully carrying out his/her function of supervision.
    Intermittent confinement. Intermittent confinement can only be used if you violate a condition of probation.[1092]
Appendix B
California State Parole Term Lengths
I. CONTROLLING DISCHARGE DATE (CDD) & MAXIMUM DISCHARGE DATE (MDD):
Three-year base period, maximum period of four years:
    People who were sentenced to a determinate (set-length) prison term, and who do not fall into any of the other categories listed below. Longer parole periods apply to people convicted of serious sex crimes or sentenced to life with the possibility of parole.
    People sentenced to life with the possibility of parole for offenses committed before January 1, 1979.[1093]
Five-year base period, maximum period of seven years:
    People convicted of a violent sex crime listed in Cal. Penal Code § 667.5(c)(3)-(6), (16), or (18) committed between July 19, 2000, and September 19, 2006, or between November 7, 2006, and September 9, 2010. This provision also applies to people convicted of a violent sex crime listed in Penal Code § 667.5(c)(11) committed between January 1, 2003, and September 19, 2006, or between November 7, 2006, and September 9, 2010.[1094]
    People sentenced for a sex crime under Cal. Penal Code § 661.61 (the “one strike” law) committed between July 19, 2000, and September 19, 2006 (note that the base term can be extended for an additional five years if the prisoner is deemed to pose a danger to society; as of January 1, 2002, either the original or extended parole period can be increased to a maximum of seven years). This also applies to people sentenced under Penal Code § 667.71 (recidivist sex offenders) for offenses committed from January 1, 2003, through September 19, 2006.[1095]
    Life prisoners who committed their offenses on or after January 1, 1979, and who do not fall into some other category.[1096]
Ten-year base period, maximum period of fifteen years:
    People convicted of a violent sex crime listed in Penal Code § 667.5 (c)(3)-(6), (11), (15), (16), or (18) committed between September 20, 2006, and November 6, 2006. This provision also applies to people convicted of a violent sex crime listed in Cal. Penal Code § 667.5 (c)(3)-(6), (11), or (18) committed on or after September 9, 2010, and who do not fall into some other category.
    People sentenced to life with the possibility of parole for a sex offense under Cal. Penal Code §§ 209(b) [with intent to commit a sex offense], 269, 288.7, or 667.51 committed between September 20, 2006, and November 6, 2006.[1097]
    People sentenced to life with the possibility of parole for a sex offense under Cal. Penal Code §§ 667.61 or 667.71 committed on or after September 20, 2006, and who do not fall into some other category.
Twenty-year and six month base period with a maximum life-long parole:
    People convicted of a sex offense under Cal. Penal Code §§ 261, 262, 264.1, 286, 288a, 288(b)(1), 288, 288.5, or 289 if the victim was under 14 years of age and the offense was committed on or after September 9, 2010. These parolees can be kept on parole longer, even without parole violations, upon a finding of good cause.[1098]
Life-long parole period:
    People sentenced to life with the possibility of parole for first- or second-degree murder committed on or after January 1, 1983 (BUT NOT CONSPIRACY TO COMMIT ANY DEGREE OF MURDER).[1099]
    People sentenced to life with the possibility of parole under Penal Code § 209(b) [with intent to commit a sex offense] committed on or after September 9, 2010.[1100]
    Prisoners sentenced to life with the possibility of parole for sex offenses under Cal. Penal Code §§ 269, 288.7(c), 667.51, 667.61(j), (l), or (m), or 667.71 [if victim under age 14] committed on or after September 9, 2010.[1101]
II. PRESUMPTIVE DISCHARGE DATE (PDD):

Most parolees can be discharged from parole early if they successfully complete a certain amount of parole time and the BPH does not find good cause to retain them on parole.[1102] This is called the “presumptive discharge date” (PDD). If a parolee fits into more than one category, the longer period applies.

    Six months: Any person with a determinate sentence for non-violent, non-serious, non-sex offenses, provided the offense took place before June 27, 2012.
    One year: Any person who has a three-year parole term following a determinate sentence for a serious felony listed in Penal Code §§ 1192.7 or 1192.8(a) or for an offense requiring registration as a sex offender.
    Two years: Any person who has a three-year parole term following a determinate sentence for a violent felony listed in Penal Code § 667.5(c), provided the offense took place before June 27, 2012.
    Three years: Any person who has a five-year parole term following a determinate sentence for a violent felony listed in Penal Code § 667.5(c) provided the offense took place before June 27, 2012 or following an indeterminate life sentence for a crime other than murder.
    Five years: Any person sentenced to an indeterminate life sentence for second- degree murder.
    Six years and six months: Any person with a ten-year parole term following an indeterminate life sentence under Penal Code §§ 209(b) [with intent to commit a sex offense], 667.51, 667.61, or 667.71.
    Seven years: Any person sentenced to an indeterminate life term for first-degree murder.
    No presumptive discharge date: Any person serving a life-long parole period following an indeterminate life term for a sex offense under Penal Code §§ 269, 288.7(c), 667.51, 667.61(j), (l), or (m), or 667.71 [if a victim was a child under age 14]. There is also no presumptive early discharge for parolees who were sentenced to prison for offenses committed between July 1, 1977, and December 31, 1978.[1103]
Appendix C
Learn How To Calculate Your State Parole Discharge Date

(Excerpted with slight modifications from Prison Law Office, The Parolee Rights Handbook, August 2013, available for download on their website at: http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf)

FOR PEOPLE ON STATE PAROLE:
How Is the Parole Discharge Date Calculated?

A parolee who is not serving life-long parole and who is retained past the “presumptive discharge date” can calculate when he or she must be discharged from parole. There are two important dates: the “controlling discharge date” (CDD) and the “maximum discharge date” (MDD). The CDD is the date that a parolee is currently set to be discharged from parole if nothing changes. The MDD is the maximum parole term as set by statute, after which the parolee must be discharged.

Two types of events may change the CDD and MDD:

    Time during which a parolee absconds or is unavailable for supervision does not count toward either the CDD or MDD. There is no limit on how long the CDD and MDD can be extended due to absconding or unavailability.
    Time served in custody for parole revocation terms will extend the CDD, but only until the MDD is reached.

The pieces of information a parolee needs to figure out his or her CDD and MDD are: (1) the initial parole date; (2) the base and maximum parole terms that apply to his or her case (see Section 16.A, above); (3) how much time he or she has been unavailable for supervision, if any; and (4) the amount of time he or she has served in custody on parole violations.

Here is a calculation worksheet that can be used by any parolee, with an example of a calculation for a parolee named Joe who is serving a three-year parole term with a maximum term of four years following a determinate sentence for a non-serious, non-violent, non-sex offense.

Worksheet

Start with the date the parolee was first paroled. For our example, Joe paroled on January 1, 2013.

1/1/2013

Add the amount of time the parolee must serve before a presumptive discharge review. Joe has a presumptive discharge date of six months plus 30 days, and was eligible for early discharge on July 1, 2013.

7/1/2013

However, the BPH acted to retain Joe on parole, so his CDD will be set by his full statutory base parole period. Joe has a three-year base parole period, so his CDD is January 1, 2016. Joe has a statutory maximum parole term of four years, so his MDD is January 1, 2017.

1/1/2016 (CDD)

1/1/2017 (MDD)

Joe absconded from parole, and the “clock” on his parole term stopped running during that time. This extends both the CDD and the MDD. Joe absconded for three months, so his CDD is now April 1, 2016, and his MDD is now April 1, 2017.

4/1/2016 (CDD)

4/1/2017 (MDD)

Joe also violated parole and served a parole revocation term in custody. This extends the CDD but only until the MDD is reached. Joe’s revocation term was 180 days, but he only served 90 days in jail because he behaved well and got good conduct credits. Thus, 90 days is added to his CDD, which is now July 1, 2016. The revocation time does not affect Joe’s MDD, which is still April 1, 2017.

7/1/2016 (CDD)

4/1/2017 (MDD)

Joe violated parole two more times and got two more 180-day revocation terms (360 days total); while he was in jail, Joe got into fights and refused to work, so he did not get any good conduct credits. The time Joe spends in jail extends his CDD but does not affect his MDD. Also, since a CDD cannot be further in the future than an MDD, Joe has “maxed out” and will be discharged on April 1, 2017.

4/1/2017 (CDD)

4/1/2017 (MDD)

IMPORTANT: if your parole length seems wrong, you can challenge it (it’s a similar process to challenging a parole condition). See PG. 173 above for more information.

Appendix D
State Parole (DAPO) Regional Appeals Coordinators Addresses & Phone Numbers

Based on which parole (DAPO) region your parole office is located, you should send any appeals (602s, etc.) to that parole region’s Regional Appeals Coordinator. There are now only two parole regions in California.

NORTHERN REGION PAROLE:

Laurie Harikian, Region I Appeals Coordinator
Region I Headquarters
9825 Goethe Road, Ste. 200
Sacramento, CA 95827-2572

Phone: 916-255-2758

SOUTHERN REGION PAROLE:

Christopher Hernandez, Southern Region Appeals Coordinator
Southern Region Parole Headquarters
21015 Pathfinder Road Ste. 200
Diamond Bar, CA 91765

Phone: 909-468-2300

Appendix E
Notice Of Arson Offender Registration Requirement
Appendix F
California Penal Code Sections 3000(b) & 3000.1
Text of California Penal Code section 3000(b):

(b) Notwithstanding any provision to the contrary in Article 3 (commencing with Section 3040) of this chapter, the following shall apply to any inmate subject to Section 3000.08:

(1) In the case of any inmate sentenced under Section 1168 for a crime committed prior to July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the Board of Parole Hearings for good cause waives parole and discharges the inmate from custody of the department. This subdivision shall also be applicable to inmates who committed crimes prior to July 1, 1977, to the extent specified in Section 1170.2. In the case of any inmate sentenced under Section 1168 for a crime committed on or after July 1, 2013, the period of parole shall not exceed five years in the case of an inmate imprisoned for any offense other than first or second degree murder for which the inmate has received a life sentence, and shall not exceed three years in the case of any other inmate, unless in either case the department for good cause waives parole and discharges the inmate from custody of the department.

(2)

(A) For a crime committed prior to July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period not exceeding three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6),(11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period not exceeding 10 years, unless a longer period of parole is specified in Section 3000.1.

(B) For a crime committed on or after July 1, 2013, at the expiration of a term of imprisonment of one year and one day, or a term of imprisonment imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931 or 2933, if applicable, the inmate shall be released on parole for a period of three years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6), (11), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period of 10 years, unless a longer period of parole is specified in Section 3000.1.

(3) Notwithstanding paragraphs (1) and (2), in the case of any offense for which the inmate has received a life sentence pursuant to subdivision (b) of Section 209, with the intent to commit a specified sex offense, or Section 667.51, 667.61, or 667.71, the period of parole shall be 10 years, unless a longer period of parole is specified in Section 3000.1.

(4)

(A) Notwithstanding paragraphs (1) to (3), inclusive, in the case of a person convicted of and required to register as a sex offender for the commission of an offense specified inspection 261, 262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of Section 288,Section 288.5, or 289, in which one or more of the victims of the offense was a child under 14 years of age, the period of parole shall be 20 years and six months unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of this determination and transmit a copy of it to the parolee.

(B) In the event of a retention on parole, the parolee shall be entitled to a review by the board each year thereafter.

(C) There shall be a board hearing consistent with the procedures set forth in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole to consider the release of the inmate on parole, and notwithstanding the provisions of paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a lengthier period of incarceration or unless there is a new prison commitment following a conviction.

(D) The provisions of Section 3042 shall not apply to any hearing held pursuant to this subdivision.

(5)

(A) The Board of Parole Hearings shall consider the request of any inmate whose commitment offense occurred prior to July 1, 2013, regarding the length of his or her parole and the conditions thereof.

(B) For an inmate whose commitment offense occurred on or after July 1, 2013, except for those inmates described in Section 3000.1, the department shall consider the request of the inmate regarding the length of his or her parole and the conditions thereof. For those inmates described in Section 3000.1, the Board of Parole Hearings shall consider the request of the inmate regarding the length of his or her parole and the conditions thereof.

(6) Upon successful completion of parole, or at the end of the maximum statutory period of parole specified for the inmate under paragraph (1), (2), (3), or (4), as the case may be, whichever is earlier, the inmate shall be discharged from custody. The date of the maximum statutory period of parole under this subdivision and paragraphs (1), (2), (3), and (4) shall be computed from the date of initial parole and shall be a period chronologically determined. Time during which parole is suspended because the prisoner has absconded or has been returned to custody as a parole violator shall not be credited toward any period of parole unless the prisoner is found not guilty of the parole violation. However, the period of parole is subject to the following:

(A) Except as provided in Section 3064, in no case may a prisoner subject to three years on parole be retained under parole supervision or in custody for a period longer than four years from the date of his or her initial parole.

(B) Except as provided in Section 3064, in no case may a prisoner subject to five years on parole be retained under parole supervision or in custody for a period longer than seven years from the date of his or her initial parole.

(C) Except as provided in Section 3064, in no case may a prisoner subject to 10 years on parole be retained under parole supervision or in custody for a period longer than 15 years from the date of his or her initial parole.

(7) The Department of Corrections and Rehabilitation shall meet with each inmate at least 30 days prior to his or her good time release date and shall provide, under guidelines specified by the parole authority or the department, whichever is applicable, the conditions of parole and the length of parole up to the maximum period of time provided by law. The inmate has the right to reconsideration of the length of parole and conditions thereof by the department or the parole authority, whichever is applicable. The Department of Corrections and Rehabilitation or the board may impose as a condition of parole that a prisoner make payments on the prisoner's outstanding restitution fines or orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the Government Code, as operative prior to September 28, 1994, or subdivision (b) or (f) of Section 1202.4.

(8) For purposes of this chapter, and except as otherwise described in this section, the board shall be considered the parole authority.

(9)

(A) On and after July 1, 2013, the sole authority to issue warrants for the return to actual custody of any state prisoner released on parole rests with the court pursuant to Section 1203.2, except for any escaped state prisoner or any state prisoner released prior to his or her scheduled release date who should be returned to custody, and Section 5054.1 shall apply.

(B) Notwithstanding subparagraph (A), any warrant issued by the Board of Parole Hearings prior to July 1, 2013, shall remain in full force and effect until the warrant is served or it is recalled by the board. All prisoners on parole arrested pursuant to a warrant issued by the board shall be subject to a review by the board prior to the department filing a petition with the court to revoke the parole of the petitioner.

(10) It is the intent of the Legislature that efforts be made with respect to persons who are subject to Section 290.011 who are on parole to engage them in treatment.

Text of California Penal Code section 3000.1:

(a)

(1) In the case of any inmate sentenced under Section 1168 for any offense of first or second degree murder with a maximum term of life imprisonment, the period of parole, if parole is granted, shall be the remainder of the inmate's life.

(2) Notwithstanding any other law, in the case of any inmate sentenced to a life term under subdivision (b) of Section 209, if that offense was committed with the intent to commit a specified sexual offense, Section 269 or 288.7, subdivision (c) of Section 667.51, Section 667.71 in which one or more of the victims of the offense was a child under 14 years of age, or subdivision (j), (l), or (m) of Section 667.61, the period of parole, if parole is granted, shall be the remainder of the inmate's life.

(b) Notwithstanding any other law, when any person referred to in paragraph (1) of subdivision (a) has been released on parole from the state prison, and has been on parole continuously for seven years in the case of any person imprisoned for first degree murder, and five years in the case of any person imprisoned for second degree murder, since release from confinement, the board shall, within 30 days, discharge that person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and transmit a copy of it to the parolee.

(c) In the event of a retention on parole pursuant to subdivision (b), the parolee shall be entitled to a review by the board each year thereafter.

(d) There shall be a hearing as provided in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole of a person referred to in subdivision (a) to consider the release of the inmate on parole and, notwithstanding paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction.

(e) The provisions of Section 3042 shall not apply to any hearing held pursuant to this section.

Appendix G
California CDCR Form 1515

Appendix H
California CDCR Form: Written Consent For Minor Visitation

See next page

Appendix I
California CDCR Form 22

See next page.

Appendix J
California CDCR Form 602

See next page.

Appendix K
How To File A State Writ Habeas Corpus Petition
WHAT IS A HABEAS CORPUS PETITION?

Once you have gone through the entire 602 appeal process by filing your grievance with the appropriate agency OR if you’ve exhausted administrative remedies because CDCR/Parole didn’t get back to you on an appeal within the legal timeline require by law, you may then file a state-level petition for a writ of habeas corpus. A habeas corpus petition can be based on any rights guaranteed by the federal or state constitutions, statutes, or regulations.

Through a habeas corpus petition, a state parolee (just like a state prisoner challenging conditions of his/her confinement) can ask a court to order “injunctive relief,” meaning that the court will order prison or parole officials to do something or to stop doing something. For example, a court could order parole officials to drop an invalid parole condition or fix a parole term length miscalculation.

What deadlines should I be aware of if i want to file A writ HABEAS CORPUS in state court?

There is no deadline or time limit on when you can file a habeas petition. But keep in mind that, the longer you wait, the more you should be prepared to explain in detail, to the court, why you didn’t file the petition sooner.[1104] You can only file a habeas petition if you have “exhausted” (meaning that you completed or gone through) all other administrative remedies. You exhaust the administrative remedies by completing the three levels of the appeals process discussed on PG. 173.

You must file your habeas petition while you are still under some form of custody or parole. At the time you file your habeas petition, you must currently be affected by the condition that you are appealing. If you are no longer suffering from the condition that you are appealing, the court will likely dismiss your habeas petition.[1105]

HOW DO I FILE A WRIT OF HABEAS CORPUS IN STATE COURT?

Here are the steps you should take to prepare your habeas petition:

Your petition should include a Judicial Council MC-275 form. You can access this form at: http://www.courts.ca.gov/documents/mc275.pdf.

In addition to the MC-275 form, you must include the following information in your habeas petition:

Identify the type of custody you are under (i.e. you are on parole) and the person who supervises you (your parole office and CDCR)

Name a “respondent” (meaning the opposing party) in your case. If you are on parole, the respondent is the Director of CDCR.

Describe why your current parole conditions are illegal (i.e. your parole term length has been miscalculated)

State whether you have filed any previous court actions about the illegal condition

Verify (swear that you are telling the truth) the statements you’ve made in your petition

Include any supporting documents, such as sworn declarations by witnesses with your petition

If you want to ask the court to appoint an attorney to your case, you should file a “Declaration of Indigence” and “Request for Appointment of Counsel.”

For a sample habeas petition, please visit: http://www.prisonlaw.com/pdfs/STATEHABEAS2008.pdf

HOW AND WHERE DO I FILE A WRIT OF HABEAS CORPUS?

Usually, you should file your habeas petition with the Superior Court of the county that you are on parole in.[1106] You can file your petition by mailing it to the Superior Court clerk. Remember: any time you file documents with the superior court clerk, you should include an extra copy of the cover page along with a self-addressed stamped envelope so that the clerk can send you a copy with the date of filing and your case number.

If the court determines that you case should proceed, you will have to “serve” the opposing party. Serving the opposing party means that you will have to send CDCR a copy of your petition along with a “Proof of Service” form that verifies that you have served the document.

HOW CAN I HAVE AN ATTORNEY APPOINTED TO MY CASE?

You can request an attorney by filing a “Declaration of Indigency” and “Request for Appointment of Counsel.”

WHEN WILL I HEAR BACK FROM THE COURT ABOUT MY PETITION?

The judge must act within 60 days from the day you file your petition.[1107] Note: Unless the court orders an Order to Show Cause (OSC), you do not have the right to an attorney. But if the court does issue an OSC, it must appoint an attorney to your case if you cannot afford one. See below for more information on OSCs.

WHAT CAN THE COURT DO WITH MY PETITION?

The judge at the state court may take the following actions in response to your petition:

Deny your petition: If the court denies your petition, it must explain the reasons why it is denying your petition

Request an informal response from the respondent (the opposing party): If the court thinks your case may have merit, but the court still wants more information prior to taking any actions, the court can ask both parties to submit informal briefings. Your reply can be as simple as a letter back to the court (you must also serve the opposing party with a copy of your response). Your response will be due 15 days after the date that the court requested an informal response (unless the court specifies another due date).[1108]

Issue an “Order to Show Cause”: This will require the opposing party (called the “respondent”) to file an explanation why the court should not grant your petition.

If the court decides that your case has merit (meaning the court decides your case can go forward because you have a valid argument), then the court will issue an OSC. An OSC directs the respondent (opposing party) to state any legal or factual reasons why the petitioner (you) should not be granted his or her request.

WHAT HAPPENS ONCE THE COURT ORDERS AN ORDER TO SHOW CAUSE (OSC)?

The respondent (opposing party) must file a response, called a “return,” explaining reasons why your petition should not be granted. The respondent usually has 30 days to file a return.[1109]

IS THERE ANYTHING THAT I HAVE TO DO ONCE THE RESPONDENT FILES A “RETURN?”

Once the respondent files their “return,” you should file a “Denial and Exception to the Return.” In your Denial (also called a “traverse”), you should deny any and all false allegations made by the respondent in the return. You usually have 30 days to file your Denial with the court and serve the opposing party.

WHAT HAPPENS AFTER “RETURNS” AND “DENIALS” ARE FILED—THE HEARING?

After the respondent files a “Return” and you file your “Denial,” the court has 30 days to decide whether or not to order an evidentiary hearing. The court only has to grant a hearing if it thinks there is a reasonable likelihood that you may be entitled to relief. If you are granted a hearing, both you and the opposing party will have the opportunity to present evidence.

WHEN HAPPENS AFTER THE HEARING?

At the end of the hearing, the court will decide whether or not to grant you the request made in your habeas petition.

WHAT IF THE COURT DOES NOT GRANT A HEARING?

If the court decides not to grant an evidentiary hearing, then the court will decide whether or not to grant your habeas appeal based off: your petition, the respondent’s Return, and your Denial. If the court did not order a hearing, then it has 30 days after you filed your Denial to decide whether or not to grant your petition.

WHAT HAPPENS IF MY PETITION IS GRANTED?

If the court grants your petition, the respondent has the right to appeal within 60 days of the court’s ruling. If the respondent does appeal , he or she can request that the court’s order be “stayed”—meaning that it does not take effect while the appeal is pending. If the respondent does appeal, your case will next be heard by the Court of Appeal.

WHAT HAPPENS IF MY PETITION IS DENIED?

If the Superior Court denies your appeal, you to not have the right to appeal. But, you can, however, file a new appeal with the Court of Appeal, following the same process as discussed above.

WHAT HAPPENS IF THE COURT OF APPEAL DENIES MY PETITION?

If the Court of Appeal denies your petition, you can ask the California Supreme Court to her your case. You can do this by filing a petition for review with the California Supreme Court. If you file a petition for review, the entire record from your appeal in the Court of Appeal will be send to the Supreme Court. You also have the option of filing a new petition for a writ of habeas corpus with the Supreme Court—filing a new petition will start the process over again, and the record from your appeal at the Court of Appeal will not be included in your petition.

If the California Supreme Court denies your petition, and your case involves any federal legal issues, you can file a new petition with the United States Supreme Court.

For more information on how to file and appeal habeas petitions, please visit: http://www.prisonlaw.com/pdfs/STATEHABEAS2008.pdf.

Appendix L
California CDCR Form 1502
Appendix M
Transferring To Another State As a Person Required to Register as a Sex Offender
I AM CLASSIFIED AS A SEX OFFENDER and want TO TRANSFER TO ANOTHER STATE. HOW CAN I DO THAT?

You must meet the four basic eligibility requirements to transfer to another state that apply to all people, AND you must meet additional requirements that are specific to people classified as sex offenders.[1110]

The four basic eligibility requirements for anyone to transfer their supervision to another state are:

    You have 90 days (3 months) or more, or an undecided amount of time, left to serve on community supervision at the time your application is submitted to the state you wish to transfer to;
    You have a valid supervision plan;
    You have not had your parole revoked and have no pending parole revocation charges; AND
    You are a resident of the receiving state, OR you have family that lives in the state who are willing and able to assist you, and you can find employment or another means of supporting yourself.[1111]

IMPORTANT NOTE: You cannot leave until the state receiving your application has approved the transfer request or issued reporting instructions.

Follow these steps to request the transfer to a new state:

STEP 1: Discuss your desire to transfer to a different state with your parole or probation officer.

STEP 2: Satisfy the four basic eligibility criteria listed above. It’s up to the sending state to decide if you are eligible and can be approved for a transfer request.

STEP 3: Complete an Application for Transfer.

STEP 4: The sending state must send the state receiving your application the following:

    assessment information, including sex offender specific assessments;
    social history;
    information relevant to criminal sexual behavior;
    law enforcement report that provides the specific details of the sex offense;
    victim information: including the name, gender, age and relationship to the offender, and the statement of the victim or victim’s representative;
    the sending state’s current or recommended supervision and treatment plan.[1112]

STEP 5: The state receiving the application has 5 business days to review the proposed residence. If the proposed residence is not acceptable due to existing state law or policy, the receiving state may deny the application. No travel permit can be granted by the sending state until the receiving state says it can.[1113]

STEP 6: A travel permit will be given to you by your parole or probation officer if the receiving state has approved the new residence. Travel permits are issued by the local probation or parole office, so each office uses a different form. Your parole or probation should give you this form once you have been approved by the Interstate Commission for Adult Offender Supervision (ICAOS).[1114]

Appendix N
Interstate Compact Process Flowchart

* Chart comes from the Interstate Commission for Adult Offender Supervision, http://www.interstatecompact.org/Portals/0/library/legal/ICAOS_ProcessOverview.pdf

Appendix O
California CDCR Form 106

See next page.

Appendix P
California CDCR Form 106-A

See next page

Appendix Q
California CDCR Form 1824

See next page.

Appendix R
California BPH Form 1074

See next page.

Appendix S
California CDCR Form 611

See next page.

Appendix T
California CDCR Form 1845

See next page.

Appendix U
California CDCR Form 128C-2

See next page.

Appendix V
California CDCR Form 1707

Appendix W
Selected California Formal Probation Instructions (County Specific)

Formal Probation Instructions by County in CA (for those publicly available)—limited list.

WARNING: It is very important to understand that there are many different types of formal probation programs that vary from county to county in California.[1115]

Fresno County:

    The Fresno County Probation Department has many types of formal probation programs to monitor your conduct. For example, if you have a drug problem, you could be referred to Drug Court, the PC1000 program, or the Probationers in Recovery program. Whatever the program or type of supervision, you are expected to obey the conditions of probation that were set by the Court.
    The frequency and method of contact with your Probation Officer depends on the seriousness of your commitment offense(s). 
    In addition to special supervision programs, there are special programs—these are conditions of probation offered such as Work Furlough and Work Project. These special programs allow for consequences other than custody in jail for a felony or misdemeanor conviction.[1116]

Butte County:

In Butte County, there are different types of formal probation supervision units. Examples:

    Adult Supervision Unit—Supervising low to moderate risk offenders, Probation Officers utilize monthly mail-in forms, office appointments, and program referrals to ensure compliance with terms and conditions of probation.
    Field Supervision Unit—Supervising high risk offenders—namely domestic violence, gang, and sex crimes—Probation Officers utilize routine office appointments and searches, drug testing, and treatment program partnership to ensure compliance with terms and conditions of probation.
    Adult Treatment Unit—The Proposition 36 and Drug Court programs supervise offenders with substance abuse issues. Probation Officers utilize routine drug and alcohol tests, office appointments, and treatment program partnership to ensure compliance with terms and conditions of probation.[1117]
Appendix X
Sample Instructions for County Probation From Different Counties in California

WARNING: There are some standard conditions that apply to most (if not all) individuals placed on probation,[1118] but instructions for what to do when you first start your probation term will vary depending on what county you are being supervised in. You should call or visit your county probation department immediately to find out what the requirements and instructions apply to you.

For example only, below you can find a few county probation offices’ reporting instructions:

San Francisco County’s Instructions:[1119]

STEP 1: You need to contact the Probation Department as soon as you are released from custody. If you are released after 5:00pm, please contact the Department the next day. We open our offices at 8:00am and close at 5:00pm. Main phone number is: (415) 553-1706.

STEP 2: When you contact the Department you will need to provide our support staff with your full name and date of birth. If you have your court number, please provide it too. Our support staff will be able to give you the name and phone number of your assigned probation officer.

STEP 3: Your probation officer will schedule an appointment to meet with you. Please, make sure to keep your appointment and be on time. If you cannot make your appointment, you must call the day before to re-schedule.

STEP 4: Most likely than not the Court would have ordered for you to attend a counseling or rehabilitation program. You along with your officer will choose which programs better meet your needs. It is important that you contact the program and arrange for an intake session.

STEP 5: Stay out of trouble! We know you’re facing a lot of challenges and difficulties getting your life back together, but if you need help or support, call your officer before you do something that put you back in jail.

Los Angeles County’s Instructions:[1120]

STEP 1: If you were just released from county jail or the court, following your sentencing, and you were ordered by the Court to report to the Probation Department for supervision, you need to report within 48 hours or within the time frame ordered by the court.

STEP 2: When you report to the Probation office, tell the receptionist that you were just recently released from jail, or referred from Court, and you need your orientation instructions.[1121]

Here is a list of important documents to bring to your probation orientation in L.A. County:

    Valid identification (driver’s license, California I.D., any identification with your name, picture, or signature.
    Verification of residence (this can be a letter or other mailing with your name and the address where you live, a copy of a rental agreement, or a signed letter from your landlord verifying that the address presented is your residence).
    A copy of any and all documents that the sentencing court (meaning the court that actually gave you your criminal sentence) gave to you. This may include:
    A copy of the sentencing minute ordered;
    A referral card with your next court appointment;
    A referral for registration due to your conviction that is related to drugs, gang affiliation, arson, or certain sex offenses or proof of registration of any one of these requirements, if so ordered by the court.

Ventura County’s Instructions:[1122]

STEP 1: Upon being placed on formal probation (and immediately upon release from custody when on probation), you must immediately report to 800 South Victoria Avenue, Ventura, California, at the Pre-Trial Detention Facility (Sheriff’s Building), Room A, second floor. Bring to probation your current address, phone numbers, and all relevant contact information

STEP 2: Your assigned probation officer will contact you via mail or phone within 30 days of the date you were granted probation to set up your first appointment/intake meeting.

If you have not heard from your probation officer within a 30-day period:

    Have your case number, date of birth, and Social Security number (SSN) available and call the Ventura County Probation Agency at one of the locations nearest your residence. Tell the receptionist your case number and any relevant identifying information. You will then be connected to your assigned probation officer or the Officer-of-the-Day (OD) at your local probation office.
Appendix Y
Changing Conditions of Informal or Formal Probation

For those supervised by county-level probation, below are the steps for requesting a change to your conditions of formal or informal probation.

Draft the Motion and Supporting Documents:

    There is no official court form for this motion. You may contact the Court Clerk in the local county superior court where you were convicted to ask if there is a local form for this purpose. Most likely there is not, so you or your attorney will have to draft an original motion. Your motion should consist of the following parts:[1123]

(1) Notice of Motion: This tells the court what you want it to do. In other words, it notifies the court that you want it to modify your probation conditions.[1124]

(2) Memorandum of Points and Authorities: This section explains the law or authority that you are relying on for your request, as well as the facts supporting your request under that law or authority.[1125]

In the case of a disability, you should include the following: Americans with Disabilities Act (ADA),[1126] California Government Code § 11135, Civil Code §§ 54 et seq., California Penal Code § 1203.3 and the specific facts of your disability, how it affects you on probation, and what changes or additional assistance you need.

(3) Declaration: This is your signed, sworn statement of the facts used in your memorandum. It must include all of the facts used to support your motion.[1127]

(4) Any Supporting Documentation: If you have any documentation, such as a doctor’s letter or prescription for medication, you should include these.

(5) Proposed Order: This is the document the judge signs to grant your motion and officially allow your probation to be terminated.

(6) Proof of Service: Include the Proof of Service form with your motion. This document must be included with all your court papers to prove that you gave a copy of the court papers to every person who is required by law to get them.

Need help with your court forms? Ask the attorney/ Public Defender from your case, the court’s Self-Help Center, or your local law library for assistance with your motion.

IMPORTANT: If you had public defender for your case, many Public Defender offices will write, file, and argue motions to modify probation on your behalf. Call you public defender to find out whether they are able to assist you in filing and arguing your motion.

File the Motion

    Once your motion is drafted, you should make at least 4 copies—an original copy for the court, one copy for the District Attorney, one for the Probation Department, and one for you to keep. The court clerk will keep the original copy for the court’s file.
    Bring the original motion and all copies to the clerk who will stamp all the documents with the date you are filing these documents. The clerk will give you back your copy, plus any copies that need to be served on the other parties. Remember to make sure that the clerk stamps each of these copies!
    Be sure to confirm with the clerk if the clerk’s office will serve the District Attorney and the Probation Department, or if you are responsible for doing that. If the clerk gives you back more than just your own copy, it most likely means that you are responsible for service! (See STEP 3 below).
    FEES/ COST: Be aware that there are always fees associated with filing documents with the court. These fees will vary by county, and you can request a fee waiver if you qualify. Check with the clerk for your county’s fee schedule and waiver request process. Note: if you had a public defender on your case, you also may be eligible to receive a fee waiver for court filing fees.

After your motion has been filed, the clerk will give you a court date to have your motion heard by the judge.

Serve the Motion on the Other Parties

    If the clerk indicates that you are responsible for “service,” this means that you must make sure that all necessary people (called necessary “parties”) get a copy of the motion in the proper manner.
    The law requires that you give the District Attorney at least 2 days’ notice of your motion (or 5 days if your case involves domestic violence).[1128] This means that the DA must have a copy of your motion at 2 two days before the date of your hearing. It is best to serve the motion on all necessary people (parties) right after you file it. Be sure to have the DA’s office stamp the copy of your motion that you are keeping for yourself too—this serves as your proof that you served the DA with your motion.

The Hearing

    When you file your motion, the clerk will give you a court date for your motion to be heard by a judge. You will have to attend the hearing if you are not being represented by an attorney. In most cases, even if you are being represented by an attorney, you will want to be present to show your respect to the judge and the court process. The judge is unlikely to modify your probation unless it thinks that you are taking your probation seriously—and going to your court date shows the judge that you care about your case![1129]
    If the judge grants your motion or modifies your probation conditions in any other way, he or she must state the reasons for doing so on the record.[1130]
Appendix Z
Sample Instructions for PRCS from Different Counties in California

WARNING: You must report to your County Probation Department for PRCS supervision within 2 working days after your release from state prison, court, or county jail. Instructions for what to do when you first get out on PRCS vary from one county probation department to the next. For example only, here are the instructions for people on PRCS in a couple of California counties:

If you are on PRCS under the L.A. County Probation Department:[1131]

    You must report within 2 working days of your release.
    You should bring the following important documents to your probation “H.U.B.” orientation:
    Valid identification: Driver’s license, California State I.D., or any identification with your name, picture, or signature). [NOTE: Please go to the BUILDING BLOCKS OF REENTRY: ID & VOTING CHAPTER, beginning on PG. 21 if you need to get this type of document/ID.]
    Verification of residence: this can be a letter or other correspondence with your name and the address where you reside, a copy of a rental agreement, or a signed letter from your landlord verifying that the address presented is your residence.
    A copy of any and all document you were given by the sentencing court or the Corrections Counselor regarding your release.
    Once the HUB orientation is complete, you will be given:
    A copy of your signed permanent probation instructions or the court-ordered conditions of supervision,
    All signed financial documents, and
    A referral to your probation officer or the probation office closest to your residence.
    Lastly, you will be instructed when and where to report to your local county probation office within 48 hours. Once you report to the local county probation office for supervision, you will be assigned a supervision probation officer, who will explain the specific requirements of supervision and reporting requirements to you.

If you are on PRCS under the Butte County Probation Department:[1132]

    You must report within 2 working days of your release.
    The Butte County Probation Department’s supervision of people on PRCS includes: office visits, home visits, searches, urine testing, and enforcement.
    Probation will complete an evidence-based “Offender Needs Guide” to identify and target your needs. This is Probation’s tool to identify your specific risk and protective factors to improve case management and reduce the risk of re-offending.
    Based on the “Offender Needs Guide,” your Probation Officer will make referrals for services to the appropriate agencies.
Appendix AA
Requesting an Accommodation for Your Disability on County-Level Probation
HOW CAN I REQUEST AN ACCOMMODATION OR FILE A COMPLAINT IF I FEEL THAT county PROBATION IS NOT ACCOMMODATING MY DISABILITY, OR IF my disability is preventing me from ACCESSing PROBATION SERVICES OR PROGRAMS?

Unlike for state parole, there are no formal probation policies or procedures to request accommodations or file a complaint related to your disability. Each county does things differently, and many counties have no formal procedures. You can first talk to your probation officer and explain the situation to him/her OR you may ask a judge to modify your probation to accommodate your disability by filing a motion requesting a change.

Start by talking with your probation officer and explain to him/her:

    What your disability is;
    Why it is difficult for you to participate in programs or supervision requirements; and
    What assistance, accommodations or changes you need.
    If you have to do any evaluations with other agencies or service providers (for example, if the Probation Department does a risk- or needs-assessment for you, or you have a work placement evaluation by the Sheriff’s department), you should also explain to them why your disability makes it difficult for you to participate or meet other requirements.
    If you were sentenced under Realignment and are on Mandatory Supervision or PRCS, you may be entitled to participate in special programs or other services for your disability.[1133]

If that didn’t fix the problem, you can ask the judge to modify your probation to accommodate your disability by filing a motion requesting a change (called a “modification”).

If after talking to your probation officer or their supervisor, you still need help because (1) you did not get the assistance you require for your disability, (2) you are unable to participate in the programs which you are being offered or required to participate in, or (3) the terms of your supervision are difficult for you due to your disability, then you can go back to court to request help from the judge.

In order to ask the judge to modify your probation, you must FILE A MOTION requesting that the judge modify probation to accommodate your disability. Once you file your motion, you will have a hearing. The motion would likely mention the following laws:

    The Americans with Disability Act (ADA)—The ADA protects people with disabilities against discrimination and it requires public entities to provide reasonable accommodations. The ADA applies to all public entities, including local courts and probation departments.[1134]
    California Government Code § 11135 and Civil Code §§ 54 et seq.,[1135] which provide similar state protections as the federal ADA.
    California Penal Code § 1203.3, which gives the court authority to change your probation conditions.[1136]
    The specific facts of your disability, how it affects you on probation, and what changes or additional assistance you need.

The Hearing

During the hearing, you (or your attorney, if you have one) will explain to the judge why your disability makes it difficult for you to comply with your current conditions, what changes you need in your probation conditions, and if you need any other assistance from the probation department will help you to successfully complete your probation. You can also ask the court to order the probation department to provide certain assistance or other accommodations. The prosecutor will also have a chance to speak at your hearing—this includes a chance to oppose your request for modification. Because the judge has much more control over the Probation Department and the terms of your supervision, the Judge can order Probation to provide you with assistance, and can decide any other accommodations necessary for you to successfully complete your supervision.[1137]

Appendix BB
U.S. Department Of Justice, Federal Bureau Of Prisons (BOP) Form BP-A714.056, “Notice Of Release And Arrival”

See next page.

Appendix CC
Federal Probation/Supervised Release: Standard Conditions

STANDARD CONDITIONS— The list of “Standard Conditions” below—while technically discretionary (not required)— are added by the judge in almost every case of Supervised Release, as recommended by the U.S. Sentencing Commission, the agency that oversees federal sentencing guidelines.[1138]

You will likely be ordered to follow most if not all of the following rules (conditions), or something very similar to these:

    You cannot leave the limits of your judicial district (meaning the area that the court has jurisdiction—i.e. the “Southern District o California”) without written permission from the court or your probation officer.
    You must file a written report with your probation officer within the first 5 days of each month, or as directed by your probation officer.
    You must truthfully answer any questions and follow any instructions that your probation officer asks of you.
    You must meet your family responsibilities, primarily paying any court-ordered child support or support for the parent with whom your child is living.
    You must work regularly at a lawful occupation, unless your U.S. probation officer excuses you for school, training, or other reasons the officer finds acceptable.
    You must notify your probation officer at least 10 days before you change your address (some officers will require more or less notice, so check your conditions).
    You cannot drink alcoholic beverages to excess. You cannot use or distribute illegal drugs, or frequent places where others use or distribute drugs.
    You cannot associate with people engaged in criminal activity. (This means you cannot hang out with or spend time with people who are committing crimes.)
    You cannot associate with anyone convicted of a felony unless your U.S. probation officer gives you permission to do so. (Again, this means that unless your probation officer says differently, you are not allowed to hang out with or spend time with someone who has been convicted of a felony. Just spending time with someone who has been convicted of a felony can be considered a violation of your probation, even if you were not doing anything else wrong.)
    You must let your probation officer to visit you any time at home or elsewhere.
    You must let your probation officer to take any contraband that he or she finds in plain view around you.
    You must get in touch with your U.S. probation officer within 3 days (72 hours) if you’re arrested or questioned by law enforcement (again, some officers will require you to report faster, so check your conditions).
    You cannot serve as an informant to law enforcement without court permission.
    As directed by your U.S. probation officer, you must notify other people about any risks that your criminal record, personal history or characteristics might pose; and you must allow your U.S. probation officer to notify people of any risks posed by your criminal record, personal history or characteristics.
    You must pay any court-ordered “special assessment” and fines, and follow any court-ordered payment plan set up for you.
    You must notify your U.S. probation officer if there is any significant change in your income or economic circumstances which would impact how much you can pay towards any unpaid restitution, fines, or special assessments (NOTE: this is a mandatory condition for people on federal probation, and a recommended “standard condition” for people on Supervised Release).
Appendix DD
Federal Probation/Supervised Release: Discretionary Conditions
WHAT ADDITIONAL DISCRETIONARY CONDITIONS MAY I HAVE TO FOLLOW ON SUPERVISED RELEASE?

If the legal standards are met (refer to PG. 219), the judge may order additional discretionary conditions on your Supervised Release.

As discussed, the Standard Conditions listed on PG. 217 above are almost always added.

The following discretionary conditions may also be added (all but one of these is the same as those listed under federal probation, PG. 224):

    Require you to support your dependents and meet other family responsibilities;
    Require that you make restitution to a victim of the offense under section 3556
    Require that you give notice (ordered pursuant to the provisions of section 3555) to the victims of the offense;
    Require that you be employed or be pursuing educational/vocational training to prepare you for suitable employment;
    Prevent you altogether from working in a specified occupation, business, or profession with a reasonably direct relationship to the conduct underlying your commitment offense (OR prevent you from working in a specified occupation, business, or profession only to a certain degree/under stated circumstances);
    Forbid you from going to specified kinds of places;
    Forbid you from associating with specified persons;
    Forbid you from excessive use of alcohol, or any use of a narcotic drug or other controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), without a prescription by a licensed medical practitioner;
    Forbid you from possessing a firearm, destructive device, or other dangerous weapon;
    Require that you get medical, psychiatric, or psychological treatment, including treatment for drug or alcohol dependency (as specified by the court
    Require that you live in a specified institution foe medical, psychiatric, or psychological treatment[1139]
    Require that you remain in the custody of the Bureau of Prisons during nights, weekends, or other intervals of time, totaling no more than the lesser of one year or the term of imprisonment authorized for the offense,[1140] during the first year of the term of probation or supervised release (this is known as intermittent confinement);[1141]
    Require you to live at a community corrections facility (including somewhere maintained by or contracted with the Bureau of Prisons), or attend a program at such a community corrections facility, for all or part of the term of probation;
    Require you to work in community service as directed by the court;
    Require you to live in a specified place or area, or prevent you from living in a specified place or area;
    Require you to remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;
    Require you report to a probation officer as directed by the court or the probation officer;
    Allow a probation officer to visit you at your home or elsewhere as specified by the court;
    Require you to quickly notify your probation officer, or answer your P.O.’s questions, about any change in address or employment;
    Require you to quickly notify your probation officer if you are arrested or questioned by a law enforcement officer;
    Require you to stay at home/where you live during non-working hours, and require you to be monitored by telephonic or electronic signaling devices to track you and make sure you are at home during these times.[1142] However, if you were sentenced to a term of incarceration, this condition cannot be imposed on you.[1143] This condition can only be used as an alternative to incarceration.[1144]
    Require that you obey any court order or other government administrative order that requires you to pay for support/maintenance of a child or to both the child and parent with whom the child is living;
    Deport you if you are “deportable” by law;
    Satisfy any other court-imposed conditions;[1145] and
    Finally, there are additional “special conditions” that are discretionary for particular kinds of cases under Supervised Release:

If you are a non-citizen subject to deportation by law:

The court may order you deported and that you remain outside the U.S. as a condition of your Supervised Release, and may order that you are handed over to an authorized immigration official for such deportation.

If you are required to register as a Sex Offender:

    If your conviction is for a sex offense, the judge will consider imposing the following special conditions:
    A search at any time, with or without a warrant, of your person, any property, your house/residence, vehicle, papers, computer, or other electronic/data devices or media, by any law enforcement or probation officer with reasonable suspicion concerning a violation of a condition of probation or unlawful conduct, and by any probation officer lawfully carrying out his/her function of supervision.[1146]
    Require you to participate in a program for the treatment and monitoring of sex offenders;[1147]
    Limit your use of a computer if one was used as part of your commitment offense;
    Require you to submit to random, warrantless searches of your person, residence, and computers;[1148]
    Residency Restrictions (meaning there will be certain places you cannot live);
    Contact Restrictions (meaning there will be certain people you cannot have contact with);
    Movement Restrictions (meaning there will be certain places you will not be able to go);
    Employment/Occupational Restrictions (meaning there will be certain types of jobs you cannot have);[1149]
    Polygraph and/or Penile Plethysmograph Testing;[1150]
    Tracking Conditions; and
    Restrictions on the Possession of Certain Materials (meaning there will be certain things you cannot have on your person or in your home)[1151]
    If you were convicted of a sex offense, you should ask about any special conditions that apply to you as they differ slightly among jurisdictions and judges. If you were convicted of a federal sex offense, you most likely will have to follow some version of the above conditions.
Appendix EE
List Of Factors Federal Judges Consider When Determining Whether To Let Someone Off Probation Early

Here is the full list of factors that the judge may consider when deciding whether to let you off probation early:

    Whether or not your Probation Officer or the Prosecutor support your request;
    The nature and seriousness of the crime you were convicted of;
    Your criminal history and/or mental illness history;
    Whether the judge believes you are a threat to the public;
    Whether the judge believes you have been sufficiently punished;
    Whether you have completed any substance abuse treatment or rehabilitation programs;
    How your sentence compares to the federal sentencing guidelines recommended sentence;
    U.S. Sentencing Commission policy statements;[1152]
    Whether you’ve paid restitution to the victims.[1153]
Appendix FF
Federal Crime Classes

Per 18 U.S. Code § 3559:

An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is:

(1) Life imprisonment, or if the maximum penalty is death, as a Class A felony;

(2) Twenty-five years or more, as a Class B felony;

(3) Less than twenty-five years but ten or more years, as a Class C felony;

(4) Less than ten years but five or more years, as a Class D felony;

(5) Less than five years but more than one year, as a Class E felony;

(6) One year or less but more than six months, as a Class A misdemeanor;

(7) Six months or less but more than thirty days, as a Class B misdemeanor;

(8) Thirty days or less but more than five days, as a Class C misdemeanor; or

(9) Five days or less, or if no imprisonment is authorized, as an infraction.

Appendix GG
Sample Certificate Of Supervised Release[1154]

Appendix HH
Federal Supervised Release: Term Length Chart

Class of Offense
(Sentence Length)

Length of Time
on Supervised Release

Class A Felony (life imprisonment or death)

2 (minimum)—5 (maximum) years

Class B Felony (25 years or more)

2 (minimum)—5 (maximum) years

Class C Felony (10 up to 25 years)

1 (minimum)—3 (maximum) years

Class D Felony (5 up to 10 years)

1 (minimum)—3 (maximum) years

Class E Felony (1 year up to 5 years)

1 year maximum

Class A Misdemeanor (6 months up to 1 year)

1 year maximum

Class B Misdemeanor (30 days—6 months)

1 year maximum

Class C Misdemeanor (6—29 days)

1 year maximum

Infraction (5 days or less, or no prison time authorized)

(S/R cannot be imposed; Probation can be imposed for up to one year)

You have the best shot of being let of supervised release early if:

    You have completed 2/3 of your supervised release term (or at the very least ½ way through),
    You have had no violations,
    You have complied with all the terms of your supervised release,
    You have paid all restitution and fines, and
    Your probation officer agrees that you should be let off early[1155]
Appendix II
Federal Supervision: Release Plans

Release plan, creating a plan for payment of restitution and fines, investigation of your plan and release.

Release Plan

Once you have a release date from the Parole Commission (USPC), you must complete a satisfactory plan for parole supervision to actually get released. The Regional Commissioner may change your date of release (earlier or later) onto parole to allow more time for release planning. At most, the Regional Commissioner can delay your release onto parole for 120 days; otherwise, you have the right to a hearing if the Regional Commissioner wants to push back your release date more than 120 days.[1156]

Generally, you are required to have included in your release plan:

    Availability of legitimate employment;
    An approved residence for the prospective parolee; and
    Availability of necessary aftercare if you are ill or will require special care.[1157]

Unpaid Fines & Restitution

Your release onto parole might also be delayed if you still owe court-ordered fines or restitution.[1158] When you still have fines or restitution to pay, a reasonable plan for payment, or a performance of services if ordered by the court, will be included in your parole release plan, where feasible.[1159]

Investigation Phase

Your U.S. Probation Officer will do an investigation to make sure that the person’s release plan is appropriate. This investigation will start with the probation officer asking you questions about your release plan. The probation officer will then follow up and verify your answers. For example, if you told the probation officer that your approved residence did not have any persons with a felony record, the probation officer will follow-up to make sure this is true.

Release

After the Parole Commission approves your release plan, and a U.S. Probation Officer completes an investigation, you will be released on the date set by the Parole Commission (unless there is misconduct or some other reason leading to a change in the date).

Appendix JJ
Appeals to the National Appeals Board

Below is the process for filing an appeal with the National Appeals Board to challenge and decision to grant, rescind, deny or revoke federal parole:

STEP 1: You may send a written appeal to the National Appeals Board challenging any decision to grant (other than a decision to grant parole on the date of parole eligibility), rescind, deny, or revoke parole.

    NOTE: If you want to appeal a decision denying your parole on the date of parole eligibility, you instead need to submit a “petition of reconsideration” to the USPC.[1160]

STEP 2: Use the proper form (Parole Form I-22)[1161] and file your written appeal within 30 days from the date of entry of the decision that you are appealing. If you don’t file within 30 days of the decision, you lose your right to challenge/appeal it.

OTHER REQUIREMENTS OF YOUR APPEAL:

    The appeal must include an opening paragraph that briefly summarizes the legal grounds for the appeal.
    You should then list each ground separately and clearly explain the reasons or facts that support each ground.

If you’re appeal doesn’t meet these requirements, the USPC may return it to you, in which case have 30 additional days from the date the appeal is returned to submit an appeal that meets the above requirements.

LEGAL GROUNDS FOR YOUR APPEAL CAN INCLUDE:

That the guidelines were wrongly applied in your:

Severity rating;

Salient factor score;

Time in custody;

That a decision outside the guidelines was not supported by the reasons or facts as stated;

That especially mitigating circumstances (for example, facts relating to the severity of the offense or your probability of success on parole) justify a different decision;

That a decision was based on wrong information, and the correct facts justify a different decision;

That the USPC did not follow correct procedure in deciding the case, and a different decision would have resulted if it would have followed the right procedure;

There was important information that you did not know at the time of the hearing;

There are compelling reasons why a more lenient decision should be given on grounds of compassion.[1162]

Appendix KK
Federal Parole: Revocation Hearings
YOUR RIGHTS DURING A FEDERAL PAROLE REVOCATION HEARING

The purpose is to determine whether you have violated the conditions of your release and, if so, whether your parole or mandatory release should be (1) revoked (taken away) or (2) reinstated (where you continue on parole as you were).[1163]

Know Your Rights!

Present Evidence: You may present evidence at the hearing. However, the presiding hearing officer or examiner panel may limit or exclude any irrelevant or repetitive statements or evidence.

The hearing officer or examiner must disclose all evidence being used to make the revocation decision before or during the revocation hearing. The Hearing Officer will let you examine the document during the hearing, or where appropriate, read and summarize the document for you.

Present Witnesses: You may present witnesses at the revocation hearing. At a local revocation hearing only, the USPC may upon your request or on its own motion, ask people to attend who can give statements that will help inform the decision of whether or not to revoke your federal parole.[1164]

You have the right to question and cross-examine those witnesses, and be present for this, unless the presiding hearing officer or examiner panel finds good cause for you to not be there.

Ask for an attorney: You have the right to an attorney. You do not have a constitutional right to have an attorney at your parole revocation hearing, but you will most likely qualify for an attorney if you cannot afford one.[1165]

Appeals: You may appeal a revocation decision.[1166]

If you agree to the decision, the Commission may make a revocation decision without a hearing if:

The alleged violation would be graded no higher than Category Two under the guidelines at § 2.20;

The alleged violation is in any category under the guidelines at § 2.20 and the decision imposes the maximum sanction authorized by law; OR

You have already served sufficient time in custody for the violation, but that forfeiture of time on parole is necessary to provide an adequate period of supervision.[1167]

Appendix LL
Referrals for Parole Consideration Hearings before the BPH
    UnCommon Law is a nonprofit in Oakland that offers sliding-scale representation for parole board hearings. Here is their contact information: 


Keith Wattley, Managing Attorney
UnCommon Law

220 4th Street, Suite 103

Oakland, CA 94607 


Keith Wattley is also the director of the Berkeley Law Post-Conviction Advocacy Project (P-CAP), which trains law students to assist with parole hearings for individuals serving life sentences. 


    Tracy Lum provides parole hearing assistance at a reasonable rate. Here is her contact information: 


Tracy Renee Lum
46 S. Del Puerto Avenue, Suite B #106
Patterson, CA 95363

(209) 894-7794

trlum@hotmail.com 


    If you are incarcerated near the San Francisco Bay Area , Rashida Harmon is an attorney who provides parole representation at a reasonable cost. Here is her contact information: 


Rashida Harmon
Harmon Legal

125 12th Street, Suite 100 - BALI
Oakland, CA
510-326-4993
rashida@harmon.legal 


    Bay Area Legal Incubator (BALI), is a collaboration between the Alameda County Bar Association and five Bay Area law schools. It's an accelerator to help new attorneys get up and running with legal practices in which they are committed to providing affordable legal services. They practice in a wide range of areas including post-conviction relief and parole hearings. Many of them are willing to take cases throughout the state.

The best way to submit an inquiry is via their website: https://www.bayarealegalincubator.org/

    If you are currently incarcerated, you can have a loved one reach out on your behalf. Just make sure that they make it clear in the website form that they are submitting the inquiry for you and include a note about how best to follow up with you.
Appendix MM
Excerpt from Human Rights Watch’s “Youth Offender Parole Guide”— Checklist to Determine Who is Eligible for a Youth Offender Parole Hearing under SB 260 and SB 261
Appendix NN
Form to Contest Disqualification by BPH as a “Youth Offender” under California Penal Code section 3051
Appendix OO
Root & Rebound’s “Prop. 57 Info Sheet”

[last updated 3/27/2017]

IMPORTANT: This letter does NOT contain legal advice. Instead, this letter provides general information about the law. It is your responsibility to talk to a criminal law or parole release expert who can advise you on how Proposition 57 will impact your sentence, parole hearings, and criminal record.

General information on Proposition 57:

Proposition 57, also known as “The Public Safety and Rehabilitation Act of 2016,” was approved by voters on November 8, 2016, with 64% of Californians voting in favor of its passage. Among other changes, Proposition 57 amended the California Constitution to add a new section (Article 1, section 32). The full text of the constitutional amendment appears at the end of this letter.  These are the three key parts of Proposition 57 (discussed in more detail below):

    Prosecutors can no longer directly file on juvenile offenders in adult court;
    Some prisoners with nonviolent offenses will be eligible for early parole consideration; and
    CDCR will be overhauling its good credit system to create incentives for good behavior and rehabilitative and educational efforts.

Many of the details of how Prop. 57 will be implemented still need to be finalized. Below is a brief summary of the three key parts of Proposition 57. Please consider checking back in with Root & Rebound in a few months to see if our team can provide any updated information.

Summary of the Three Key Parts of Proposition 57 (“Prop. 57”):
    Part 1: Changes to How Juveniles are Transferred to Adult Criminal Court:

With the passage of Prop. 57, prosecutors can no longer skip juvenile court and directly file on youth in the adult criminal court system. Additionally, Prop. 57 made changes to the transfer hearing process for accused juveniles. For youth ages 14 to 17, there is no longer the presumption that they will be tried in adult criminal court for an accused crime. Instead, the presumption is that they will remain in juvenile court unless the prosecutor can demonstrate that a transfer to adult criminal court is warranted.

Transfer hearings now require judges to review five factors in deciding if the case should stay within the juvenile justice system. Prior to Prop. 57’s passage, youth would have to meet all five factors to avoid transfer to adult court. Now, judges must carefully review all of the circumstances of the juvenile’s life, the alleged crime, and the impact of age on the juvenile’s actions with a goal of keeping more youth out of the adult criminal justice system.

These changes went into effect the day after Prop. 57 passed. We are still uncertain what will happen to youth who were “directly filed” on in adult criminal court before the law went into effect and who are currently being prosecuted in adult criminal court. Right now, it appears each county’s prosecutor is deciding how to proceed on these cases, so it may vary from county to county.

    Part 2: Special Parole Processes for People with Non-Violent Offenses:

Prop. 57 creates a parole process for people in state prison who: (1) were convicted of a “nonviolent” felony offense, and (2) have served the full term length for their primary offense.

    For example, if an individual’s primary sentence was 6 years plus 6 years of enhancements (12 years total), at the end of the base term of 6 years, the individual would have the opportunity to be reviewed for parole release suitability. If found suitable for parole, the individual would be immediately release.

“Part 2” of Prop. 57 did not take effect immediately because there are a lot of details that still need to be worked out by the California Department of Corrections and Rehabilitation (CDCR). CDCR issued proposed regulations on March 24, 2017.  They are “emergency regulations,” meaning they will go into effect immediately for up to 180 days while the permanent regulations go through a period of public comment and review. According to the draft regulations, it seems likely that parole eligibility under Prop. 57 will involve a paper review process, which means that the decision will be made by reviewing the documents in a person’s file and, although the district attorneys and victims will be notified, there will not be a hearing. Appeals will likely go to the parole board.

Certain groups of people will not be eligible for this parole process, including those with third strike sentences, registrable sex offenses, and violent offenses. The draft regulations look to Penal Code Section 667.5 for the definition of “violent offense.” Some of the offenses that fall under Penal Code Section 667.5(c)’s definition of “violent felony” include robbery, first degree burglary of an occupied residence, and threats to victims or witnesses.  In addition, a great bodily injury, gun, or gang enhancement can turn an otherwise nonviolent offense into a violent one for purposes of Prop. 57 eligibility. The draft regulations also include a “public safety screen” to exclude individuals with recent disciplinary action.  If someone is excluded for disciplinary action, the draft regulations indicate that they will be reviewed annually for eligibility.

It is our current understanding that this provision will not apply to people serving Realignment sentences in county jail because the language in this section of Prop. 57 is expressly limited to “[a]ny person convicted of a nonviolent felony offense and sentenced to state prison.”

According to the emergency regulations, CDCR will begin making eligibility determinations by June 1, 2017 for people who are currently incarcerated.

    Part 3: Overhaul of CDCR’s “Good Credit” System

“Part 3” of Prop. 57 authorizes CDCR to overhaul its good credit system in California prisons and tie it to rehabilitation achievements and evidence of changed behavior. We expect this provision will impact most people who are currently incarcerated in state prisons.

Although we do not know for certain the details of this program (and will not know until the final regulations are issued), the draft regulations suggest that CDCR will create a scheme that grants credits for GED classes, Milestone Completion Credits, Educational Merit Credits Credits, Rehabilitative Achievement Credits, AA credits and participation in inmate leisure time activity groups (ILTAGs).

Based on the draft regulations, CDCR seems to be creating a system where:

    Milestone Completion Credits can be earned up to 12 weeks per year through completing CDCR or volunteer programs, with additional credits rolling over into the next year;
    Educational Merit Credits of 3-6 months can be earned through participation in GED or BA programs, AA, or by getting a mentor drug and alcohol counselor certification; and
    Rehabilitative Achievement Credits can be earned through inmate leisure time activity groups for up to four weeks of credit for 200 hours.

We do not think that the credit provisions will apply retroactively except in the case of Educational Merit Credits, though retroactivity may be debated during the public comment period.  

It is our current understanding that people with convictions for violent offenses will likely be eligible for the good credit system. We also believe that people serving life sentences will be able to receive these credits, although there is a good chance that they will earn credits at a lower rate than people with determinate sentences. We expect that individuals on death row or serving life without the possibility of parole sentences will not be able to receive credits.

Again, it is very important to note that these are just predictions for what the good credit changes will be. Call Root & Rebound’s weekly Reentry Legal Hotline any Friday, 9 a.m. – 5 p.m., or write us a confidential, legal letter at 1730 Franklin Street, Suite 300, Oakland, CA 94612, for updated information about Prop. 57.

****************

NOTE: Proposition 57 amended the California Constitution by adding the following:

California Constitution, Article I, section 32.

(a) The following provisions are hereby enacted to enhance public safety, improve rehabilitation, and avoid the release of prisoners by federal court order, notwithstanding anything in this article or any other provision of law:

(1) Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense.

(A) For purposes of this section only, the full term for the primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.

(2) Credit Earning: The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements.

(b) The Department of Corrections and Rehabilitation shall adopt regulations in furtherance of these provisions, and the Secretary of the Department of Corrections and Rehabilitation shall certify that these regulations protect and enhance public safety.

  1. 1091

    Parole Conditions, Cal. Dep’t of Corr. & Reh., http://www.cdcr.ca.gov/Parole/Parolee_Conditions/.

  2. 1092

    18 U.S.C. § 3583(b), (d).

  3. 1093

    Cal. Penal Code § 3000(b); 15 Cal. Code Regs. § 2515(e); In re Wilson, 30 Cal.3d 438, 440-41 (1981) .

  4. 1094

    Cal. Penal Code § 661.61.

  5. 1095

    Cal. Penal Code § 661.61.

  6. 1096

    Cal. Penal Code § 3000(b)(1); 15 Cal. Code Regs. § 2515(d).

  7. 1097

    This provision also purports to apply to people sentenced to life with the possibility of parole under Cal. Penal Code § 209 [with intent to commit a sex offense] or § 667.51 committed on or after September 9, 2010. However, such offenses appear to be covered by the life-long parole provision in Cal. Penal Code § 3000.1.

  8. 1098

    Cal. Penal Code § 667.61(e).

  9. 1099

    Cal. Penal Code § 3000.1; 15 Cal. Code Regs. § 2515(f).

  10. 1100

    Cal. Penal Code §§ 3000(b)(3) and 3000.1(a)(2). There is a discrepancy between the statutory language and the stated legislative intent to require life-long parole for “habitual sex offenders [and] persons convicted of kidnapping a child under 14 years of age with the intent to commit a specified sex offense.” Legis. Couns. Dig. Assem. Bill No. 1844, Ch. 219. Thus, there is potentially an argument that prisoners convicted under § 209(b) should be subject to only a 10-year parole term if the victim is over 14 years old.

  11. 1101

    Cal. Penal Code § 667.61(e).

  12. 1102

    Cal. Penal Code §§ 3000, 3000.1, 3001.

  13. 1103

    15 Cal. Code Regs. § 2535(b)(5).

  14. 1104

    In re Sanders, 20 Cal. 4th 1083 (1999) ; In re Clark, 5 Cal.4th 750 (1993) ; In re Swain, 34 Cal.2d 300 (1949); In re Moss 175 Cal. App. 3d 913 (1985).

  15. 1105

    If you are no longer suffering from the condition that you are filing a habeas appeal about, then your case is said to be “moot” (meaning not currently at issue; not currently debatable/arguable). There are special circumstances where a court can hear a “moot” case (i.e. the issue you are appealing is one that is likely to come up frequently in other cases). See In re Gardia, 767 Cal. App. 4th 841 (1998).

  16. 1106

    Griggs v. Superior Court, 16 Cal.3d 341 (1976). The petition can also be filed initially with the Court of Appeal or even the California Supreme Court, if there are special reasons why those courts should hear it at once. Cal. Const. art. VI, § 10.

  17. 1107

    Cal. Rules of Court, rule 4.551(a)(3)(A).

  18. 1108

    Cal. Rules of Court, rule 4.551(b).

  19. 1109

    Cal. Rules of Court, rule 4.551(d).

  20. 1110

    For additional rules, see ICAOS Rule 3.101-3.

  21. 1111

    ICAOS Rule 3.101.

  22. 1112

    ICAOS Rule 3.101-3(b).

  23. 1113

    ICAOS Rule 3.101-3(c).

  24. 1114

    Email conversation with Harry Hageman, Executive Director, Interstate Commission for Adult Supervision on Feb. 26, 2015.

  25. 1115

  26. 1116

    See Fresno County Adult Probation Department, Frequently Asked Questions, http://www.co.fresno.ca.us/DepartmentPage.aspx?id=12773.

  27. 1117

    Butte County Probation Department, Formal Adult Probation Caseloads, http://www.buttecounty.net/probation/AdultProbation/TypesofAdultSupervision.aspx.

  28. 1118

    See City and County of San Francisco Adult Probation Department, On Probation, http://sfGov’torg/adultprobation/probation.

  29. 1119

    See City and County of San Francisco Adult Probation Department, On Probation, http://sfGov’torg/adultprobation/probation.

  30. 1120

    See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b1/04_Sj9Q1MjA1tzS0NDcw04_Qj8pLLMtMTyzJzM9LzAHxo8zi3QwMDNz9nYKN_INdjA083dydnA39TQyNgo2ACiKRFRg4u1saeDqZuFt4mYUYOvuZE9Ifrh-FT0mwoTG6AixWgBUY4ACOBgSs8DLR9_PIz03Vz43KsfTMDEgHAB9RScE!/dl4/d5/L2dJQSEvUU.

  31. 1121

    See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b1/04_Sj9Q1MjA1tzS0NDcw04_Qj8pLLMtMTyzJzM9LzAHxo8zi3QwMDNz9nYKN_INdjA083dydnA39TQyNgo2ACiKRFRg4u1saeDqZuFt4mYUYOvuZE9Ifrh-FT0mwoTG6AixWgBUY4ACOBgSs8DLR9_PIz03Vz43KsfTMDEgHAB9RScE!/dl4/d5/L2dJQSEvUU.

  32. 1122

    See Ventura County Probation Department, FAQs, http://public.venturaprobation.org/index.php/about-us/faqs?catid=1.

  33. 1123

    Cal. Rules of Court, Rule 3.1112.

  34. 1124

    Cal. Rules of Court, Rule 3.1112.

  35. 1125

    Cal. Rules of Court, Rule 3.1113.

  36. 1126

    This law protects people with disabilities against discrimination and requires public entities to provide reasonable accommodations. The law applies to all public entities, including local courts and probation departments. http://www.ada.gov/pubs/adastatute08.pdf.

  37. 1127

    Cal. Rules of Court, Rule 3.1112.

  38. 1128

    Cal. Penal Code § 1203.3(b)(1).

  39. 1129

    If you are requesting a change in your probation conditions due to a disability: During the hearing, you (or your attorney, if you have one) will explain to the judge why your disability makes it difficult for you to comply with your current conditions, what changes you need in your probation conditions, and if you need any other assistance from the probation department to successfully complete your probation. You can also ask the court to order the probation department to provide certain assistance or other accommodations. The prosecutor will also have a chance to speak, including a chance to oppose your request for modification.

  40. 1130

    Cal. Penal Code § 1203.3(b)(1)(A).

  41. 1131

    See L.A. Cnty. Prob. Dep’t, Just Released, http://probation.lacounty.gov/wps/portal/probation/!ut/p/b1/04_Sj9Q1MjA1tzS0NDcw04_Qj8pLLMtMTyzJzM9LzAHxo8zi3QwMDNz9nYKN_INdjA083dydnA39TQyNgo2ACiKRFRg4u1saeDqZuFt4mYUYOvuZE9Ifrh-FT0mwoTG6AixWgBUY4ACOBgSs8DLR9_PIz03Vz43KsfTMDEgHAB9RScE!/dl4/d5/L2dJQSEvUU.

  42. 1132

    See Butte County Probation, AB 109, http://www.buttecounty.net/probation/AdultProbation/AB109.aspx.

  43. 1133

    Telephone calls with the following county probation departments, Nov. 6, 2014:Tony Crear, Community Network Coordinator, Alameda Cnty. Probation Dept.Robin Nicole Livingston, AB 109 Probation Officer, Contra Costa Cnty. Probation Dept. Jim Metzen, Probation Consultant, Yolo Cnty. Probation Dept.Alan Seeber, Sacramento Cnty. Probation Dept.Whitnee Reynolds, Administrative Assistant / Training Coordinator, Chief Probation Officers of Cal.

  44. 1134

    The ADA is available at http://www.ada.gov/pubs/adastatute08.pdf.

  45. 1135

    Cal. Gov’t Code § 11135.

  46. 1136

    Cal. Gov’t Code § 1203.3.

  47. 1137

    Telephone call with Tony Crear, Alameda County. Probation Dept.

  48. 1138

    See 18 U.S.C. § 3583; U.S.S.G. § 5D1.3(b)-(d) (Standard conditions” are set forth in U.S.S.G. § 5D1.3(c)).

  49. 1139

    18 U.S.C. § 3563(b).

  50. 1140

    18 U.S.C. § 3583(d); U.S.S.G. § 5F1.8.

  51. 1141

    18 U.S.C. § 3563(b)(10) (known as “intermittent confinement”). See also U.S.S.G. § 5F1.8, which states that intermittent confinement may be imposed as a condition of probation during the first year of federal probation. See 18 U.S.C. § 3563(b)(10). It may be imposed as a condition of supervised release during the first year of supervised release, but only for a violation of a condition of supervised release in accordance with 18 U.S.C. § 3583(e)(2) and only when facilities are available. See 18 U.S.C. § 3583(d).

  52. 1142

    18 U.S.C. § 3563(b).

  53. 1143

    This is not true of Supervised Release. That is, you can be convicted of a crime, sentenced to a term of imprisonment, and be ordered to serve an additional period of time on house arrest as a condition of Supervised Release.

  54. 1144

    18 U.S.C. § 3563(b)(19) (2008). This is because if you are sentenced to a term of incarceration, you cannot receive a sentence of probation. Rather, you would receive a term of supervised release following imprisonment as part of your sentence.

  55. 1145

    18 U.S.C. § 3563(b).

  56. 1146

    18 U.S.C. § 3583(d).

  57. 1147

    See U.S.S.G. § 5D1.3(d); Jennifer Gilg, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf.

  58. 1148

    See U.S.S.G. § 5D1.3(d); Jennifer Gilg, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf.

  59. 1149

    See also Defender Services Office, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf, pp. 3-6.

  60. 1150

    See D. Richard Laws, Penile Plethysmography: Will We Ever Get It Right? in Sexual Deviance: Issues and Controversies 82, 85 (Tony Ward, D. Richard Laws & Stephen M. Hudson eds., Sage Publications, Inc. 2003). Penile Plethysmograph Testing (PPG) is a procedure that uses a gage to measure the change in a man’s penis size. Courts sometimes proscribe PPG. as a condition of sex offender treatment. See also Defender Services Office, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf, pp. 3-6;

  61. 1151

    See also Defender Services Office, The Fine Print: Strategies for Avoiding Restrictive Conditions of Supervised Release, http://www.fd.org/docs/select-topics---common-offenses/fine_print.pdf, pp. 3-6.

  62. 1152

    In 2011, the Sentencing Commission issued a policy statement informing judges that they may let former narcotics abusers from supervised release early, if that person has successfully completed a treatment program. See United States Sentencing Commission, 2013 Guidelines Manual, http://www.ussc.gov/guidelines-manual/2013/2013-5d12. See also 18 U.S.C. § 3583(e)(1)-(2).

  63. 1153

    See 18 U.S.C. § 3553(a)(1)-(7).

  64. 1154

    Courtesy of the Public Defender Service for the District of Columbia.

  65. 1155

    See Federal Defenders of New York, Supervised Release, http://federaldefendersny.org/information-for-client-and-families/supervised-release.html.

  66. 1156

    28 C.F.R. § 2.28.

  67. 1157

    28 C.F.R. § 2.33(a).

  68. 1158

    28 C.F.R. § 2.7.

  69. 1159

    28 C.F.R. § 2.33.

  70. 1160

    See 28 C.F.R. §§ 2.17; 2.27

  71. 1161

    Parole Form I-22, available at http://www.justice.gov/sites/default/files/uspc/legacy/2013/02/26/formi22.pdf.

  72. 1162

    28 C.F.R. § 2.26.

  73. 1163

    28 C.F.R. § 2.55.

  74. 1164

    28 C.F.R. § 2.51.

  75. 1165

    18 U.S.C. § 3006(a)(1)(E).

  76. 1166

    28 C.F.R. § 2.50; see also 28 C.F.R. §§ 2.26; 2.27.

  77. 1167

    28 C.F.R. § 2.66.