Who sets special parole conditions, and how do they decide?

CDCR and individual parole agents can require you to follow certain special conditions, which are special rules you must follow while on parole.[441]

CAN I ASK FOR MY SUPERVISION LEVEL TO BE REVIEWED or REDUCED?

Yes. Most parolees who complete 180 days of satisfactory parole will automatically be assigned to the “minimum supervision” category — EXCEPT for people whose commitment offense is legally classified as “violent” (see Cal. Penal Code § 667.5); 290 registrants (see Cal. Penal Code § 290); people with cases that received a lot of media or public attention, and certain gang members (as documented on CDCR Form 812-A). Even if you are not automatically assigned to “minimum supervision” after 180 days of completing satisfactory parole, you can ask the unit supervisor to reduce your supervision level, and he or she will make a decision on your case. (Cal. Penal Code § 3504.)

If you are a “lifer” in California, or if you were released onto parole before July 1, 2013, or if you were charged with a parole violation before July 1, 2013,[442] then the BPH can require you to follow certain special parole conditions.[443]

If you are not a “lifer,” county Superior Court judges are now in charge of handling your parole conditions and revocations of your parole.[444] Superior Court judges may impose special parole conditions, but these special conditions must be “reasonably related” to your commitment offense (the offense for which you spent time in prison), your “criminogenic needs” (issues that affect your risk of recidivism, such as substance abuse, family ties, and social relationships), and your criminal history.[445]

Special conditions required by CDCR and/or your parole agent will depend on your individual circumstances, including your commitment offense, your criminogenic needs, your criminal history,[446] specific conditions required by law (called mandatory special condititions), and more. Your special conditions will be part of your parole plan, and they can change depending on how well you do on parole.[447] (See the next question to learn about what your parole plan is.)

  1. 441

    See CDCR Form 1515, http://www.cdcr.ca.gov/BOPH/docs/CDCR1515_7-8-2010.pdf. ↑

  2. 442

    Cal. Penal Code § 3053 et seq. ↑

  3. 443

    Cal. Penal Code § 3000(b)(7). ↑

  4. 444

    Cal. Penal Code § 3454-55. ↑

  5. 445

    Cal. Penal Code § 3454(b). ↑

  6. 446

    See, e.g., Int’l Community Corrections Assoc., Evidence Based Decision Making From Principle to Practice, ICCA Conference presentation, Sept. 2013, http://www.iccalive.org/icca/images/2013Presentations/2013%20national%20institute%20of%20corrections%20evidence%20based%20decision%20making%20panel.pdf. ↑

  7. 447

    The Parole Reform Task Force, CDCR, Parole Reform in California: An Evidence-Based & Best Practices Approach (California Parole Reintegration Supervision Model Manual), 16, Jan. 15, 2010, http://www.cdcr.ca.gov/Parole/Road_Map/docs/CA_Parole_Reintegration_Supervision_Model_Manual.pdf. ↑