What happens if I don’t get notice of a BPH decision within 30 days after my PDD?

It depends on why you didn’t get the notice. There are two possibilities:

IT HAS BEEN MORE THAN 30 DAYS SINCE MY PRESUMPTIVE DISCHARGE DATE (PDD), AND NO RESPONSE FROM BPH ABOUT WHETHER I AM DISCHARGED FROM PAROLE. WHAT NEXT?

POSSIBILITY #1:

You never received a decision because the BPH did not hold a hearing within the 30 days following your PDD.

POSSIBILITY #2: The BPH held a hearing and decided to retain you on parole, but never told you its decision.

If your situation falls under this first possibility, then you should be automatically discharged.[408] The law states that unless the BPH acts to retain a person on parole after PDD, the parolee “shall” be discharged from parole.[409] This means that parole ends automatically if the BPH fails to take action to retain the person on parole.[410] So, if there is no decision to retain you within 30 days after your PDD, you should be discharged from parole immediately. If it’s more than 30 days past your PDD, file a CDCR Form 22 with your parole agent and a CDCR Form 602 appeal with your parole region’s Appeals Coordinator to resolve this. For the steps on how to file these forms and start the appeals process, see the steps on PG. 178.

If this is your situation, the BPH’s decision to retain you on parole is still valid by law, even though BPH didn’t properly notify you within the 30-day time limit set by law[411] This means you are still on parole. However, you can appeal the BPH’s decision.[412] You can file a state petition for a writ of habeas corpus (see details in Appendix K, PG. 280). The court may then order BPH to provide you with a copy of its decision, which you can use to challenge BPH’s finding of good cause[413] by filing another petition for a writ of habeas corpus (see PG. 280).
  1. 408

    DOM § 81080.1.1 ("By law, a parolee, unless committed to prison for a "violent felony" under PC 667.5(c), is discharged if the BPH does not order the parolee retained on parole by the 30th day after completion of one, two, three, five, or seven years of continuous parole as appropriate to the commitment category."). ↑

  2. 409

    Cal. Penal Code § 3001. ↑

  3. 410

    In re Torres, 111 Cal. Rptr. 3d 919 (App. 2 Dist. 2010); In re Nesper, 217 Cal. App. 3d 872(1990). ↑

  4. 411

    See DOM § 81080.1.1. ↑

  5. 412

    In re Stone, 197 Cal. App. 4th 746 (2011); see also People v. Jack, 60 Cal. App. 4th 1129 (1997); In re Ruzicka, 230 Cal. App. 3d 595 (1991); In re Roa, 1 Cal. App. 4th 724 (1991). ↑

  6. 413

    See In re Stone, 197 Cal. App. 4th at 754 (2011) (proper remedy for lack of notice is "ordering the Board ‘to transmit to appellant a copy of the written parole retention record so that he may have the opportunity to pursue his right of appeal’”) (quoting People v. Jack, 60 Cal. App.4th at 1134). See also In re Ruzicka, 230 Cal. App. 3d at 604 (1991) (“[D]enial of Ruzicka's due process rights [due to lack of notice] can be remedied by an order directing the DoC to transmit a copy of the written determination record to Ruzicka and afford him an opportunity to pursue his right of appeal.”). ↑