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

LEARN ABOUT YOUR RIGHTS AS A PERSON ON PAROLE WITH A DISABILITY ON PG. 186! You have rights to be accommodated for physical disabilities, learning disasbilities, and developmental disabilities while on parole.

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If you cannot satisfy a parole condition because of a disability you have, or if the parole condition is unfair to you because of your disability, the steps to challenge that condition are different than the appeals process discussed on PG. 178. First, figure out which agency put the condition on you — Parole or the BPH — and then follow the proper steps described below:

IF THE CONDITION WAS IMPOSED BY PAROLE: Fill out and file a CDCR Form 1824 “Request for Reasonable Modification or Accommodation” (see a sample Form 1824 in Appendix Q, PG. 291). To learn more about this procedure, read the section on “YOUR RIGHTS ON PAROLE WITH A DISABILITY” at PG. 186.

IF THE CONDITION WAS IMPOSED BY THE BPH: Fill out BPH Form 1074 “Request for Reasonable Accommodation” (see a sample Form 1074 in Appendix R, PG. 294), and send it to: BPH ADA COORDINATOR, 1515 K Street, Suite 600, Sacramento, CA 95814.

If the BPH does not respond in a way that solves the issue, you can submit an appeal to the second and third levels of review (learn more about the different levels of appeal and timelines on PG. 178). (Note: You don’t need to file an appeal to challenge most conditions imposed by the BPH, but you do if the condition relates to your disability.)

Find the forms you need online here: http://www.cdcr.ca.gov/BOPH/Inmates_w_Disabilities_Resource.html

IF YOU ARE UNSURE WHETHER PAROLE OR THE BPH IMPOSED THE CONDITION ON YOU: Ask your parole agent if it was Parole or the BPH.

additional resource

The Prison Law Office (PLO), a nonprofit organization that works on prisoners’ rights, has published a detailed information letter describing the rules, timelines, and procedures for administrative appeals. You can obtain this letter for free by writing to the PLO at: Prison Law Office, General Delivery, San Quentin, CA 94964.OR visit the Prison Law Office’s online Resources page at: www.prisonlaw.com.A NOTE IF YOU ARE CURRENTLY INCARERATED: For the most part, the 602 administrative appeal process is the same or similar for people currently incarcerated as it is for people released on parole. However, there are some key differences, like the process for challenging health care issues while incarcerated. Challenging prison conditions is outside the scope of this guidebook, which focuses on reentry and the impact of a criminal record on your rights after release. For more information on challenging prison conditions, you can write a confidential, legal letter to Prison Law Office (mailing address and website above).