I think my parole conditions are unfair or illegal. What can I do?

Generally, a parole condition is valid unless you can show that the condition (1) has no relation to the crime of which you have been convicted; (2) relates to conduct which is not in itself criminal; and (3) requires or forbids conduct that is not reasonably related to future criminality.[581]

You can also convince a court to hold a parole condition invalid if the condition infringes upon a constitutional right and is not reasonably related to a compelling state interest.[582] Conditions that affect constitutional rights may also be invalid if they are broader than necessary to promote public safety or rehabilitation or if they are so vague that they cannot be understood and followed.[583] Also, conditions of parole that limit employment must directly relate to your crime.[584]

If you think your parole conditions are illegal under the above standards, you may be able to challenge them using the legal procedures described in the next section.

Challenging 290 Registration & Restrictions

  1. 581

    People v. Dominguez, 256 Cal.App.2d 623, 627 (1967); People v. Lent, 15 Cal.3d 481, 486 (1975). Although Dominguez and Lent concern probation conditions, courts apply the same legal analysis to conditions of parole. In re Corona, 160 Cal.App.4th 315 (2008) ; In re Stevens,119 Cal.App.4th 1228, 1234 (2004).

  2. 582

    See e.g., In re Babak S., 18 Cal.App.4th 1077, 1084-1085 (1993) In re Stevens, 119 Cal.App.4th 1228 (2004); In re Daniel R., 144 Cal.App.4th 1 2006).

  3. 583

    People v. Smith, 152 Cal.App.4th 1245, 1250 2007) In re Stevens, 119 Cal.App.4th 1228 (2004); United States v. Wolf Child (9th Cir 2012) 699 F.3d 1082.

  4. 584

    See People v. Burden, 205 Cal.App.3d 1277 (1988).