How to Challenge State Parole Conditions

HELPFUL HINTIt’s suggested that you sign the Form 1515, and then challenge the condition later. Don’t refuse to sign!

First, while you can and should challenge a parole condition that you believe is unlawful, it is usually best for you to sign the CDCR Form 1515: “Notice and Conditions of Parole,” and to follow all the conditions while you are taking steps to challenge the problematic condition. Otherwise, you may end up having to spend additional time in custody while the matter is being resolved. (For an example Form 1515, see Appendix G, PG. 262)

  1. How can I challenge a parole condition that I believe is unlawful?

  2. What is the legal test for finding special conditions of parole unlawful?

  3. What timelines must I follow in submitting an administrative appeal?

  4. When and how do I file an appeal of an involuntary psychiatric transfer?

  5. When and how do I file an emergency appeal?

  6. What timelines must CDCR/Parole follow in responding to my 602 appeal?

  7. What can I do is CDCR/Parole is violating the legal time limits for responding to my 602 administrative appeal?

  8. Can my administrative appeal be rejected?

  9. Can my appeal be cancelled?

  10. What does it mean to “abuse” the 602 administrative appeal process?

  11. I filed a 602 administrative appeal and completed all levels of the process, or never heard back. Can I now take my appeal to court?

  12. How can I challenge a parole condition that I cannot follow because of a disability I have?