Parole & Probation

Being under some type of correctional community supervision is usually required to be released from prison or jail, and can sometimes be offered by a criminal court judge in place of incarceration. In the PAROLE & PROBATION CHAPTER, you will learn that there are many types of supervision in California — state parole, county probation, mandatory supervision, PRCS, federal probation, federal supervised release, and federal parole. This chapter will help you understand what it means to be on community supervision, what rules you have to follow, and all the rights you have as a person in reentry.

DISCLAIMER – YOUR RESPONSIBILITY WHEN USING THIS GUIDE: When putting together the Roadmap to Reentry: A California Legal Guide, we did our best to give you useful and accurate information. However, the laws change frequently and are subject to differing interpretations. We do not always have the resources to make changes to this informational material every time the law changes. If you use information from the Roadmap to Reentry legal guide, it is your responsibility to make sure that the law has not changed and applies to your particular situation. If you are incarcerated, most of the materials you need should be available in your institution’s law library. The Roadmap to Reentry guide is not intending to give legal advice, but rather legal information. No attorney-client relationship is created by using any information in this guide. You should always consult your own attorney if you need legal advice specific to your situation.

WHAT WILL I LEARN IN THe PAROLE & PROBATION CHAPTER?

    The different types of supervision in California, and the basics about each type.For each type of supervision, you will learn: What to do when you first get out — a step-by-step guide General and special rules: What general rules (conditions) you have to follow, what special rules (extra conditions) might be added on, and how to appeal (challenge) the special conditions Length of supervision: How the length of supervision is calculated, and how to get off early, if possibleTransferring supervision to a different location: What the procedures are for transferring your supervision to a different county or stateDisability rights: How to navigate parole and probation if you have a disability and need help or accommodationsViolations and revocations: What your rights are if you’re accused of violating the conditions of your supervision, and how the revocation process works
  1. Introduction

    1. What is community supervision?
    2. Why is it important to know what type of supervision I am on, and the rules I must follow?
    3. What are the main types of supervision in California?
    4. What is the difference between the state and federal systems?
    5. I’m not sure what type of supervision I am on. How do I find out?
    6. Key Terms in the Parole & Probation Chapter

  2. State parole

    1. Basics of State Parole

    2. Before Release: Common Questions on Preparing for Parole Board Hearings and on New Laws Affecting Sentencing and Release Dates

    3. After Release: What to Expect in Your First Days Out on State Parole

    4. Length of State Parole

    5. Getting Off State Parole

    6. Conditions of State Parole

    7. How to Challenge State Parole Conditions

    8. Transfer Locations on State Parole

    9. Your Rights as a Parolee with a Disability

    10. State Parole Violations & Revocations

  3. COUNTY-Level Community Supervision: PROBATION, PRCS, and Mandatory Supervision

    1. What is county probation?
    2. How did California’s “Realignment” law change California’s county-run probation System?
    3. What types of supervision now fall under the control of county probation after realignment?
    4. Informal Probation (a.k.a. Summary Probation or Court Probation)

    5. Formal Probation

    6. Post-Release Community Supervision (PRCS)

    7. Mandatory supervision

    8. Violations & revocations of Formal probation, Informal probation, & mandatory supervision

  4. Transferring States While under Community Supervision

    1. How do I transfer states while I am under community supervision—such as state parole, probation, PRCS, OR mandatory supervision?
    2. I am a 290 sex offender registrant under community supervision, and I want to transfer to another state. Are there special rules that apply to my transfer request?
  5. Federal community supervision: federal probation

    1. Basics of Federal Probation

    2. After Release: What to Expect in Your First Days Out on Federal Probation

    3. Length of Federal Probation

    4. Conditions of Federal Probation

    5. Violations & Revocations—For BOTH Federal Probation and Supervised Release

    6. Disabilities & Federal Probation

    7. Transfer Locations on Federal Probation, Federal Supervised Release, or Federal Parole

  6. FEDERAL COMMUNITY SUPERVISION: sUPERVISED RELEASE

    1. Basics of Supervised Release

    2. After Release: What to Expect in Your First Days Out on Supervised Release

    3. Length of Supervised Release

    4. Conditions of Supervised Release

    5. Transfer Locations on Supervised Release

    6. Violations and Revocations — For Both Federal Probation and Supervised Release

    7. Disabilities & Supervised Release

  7. Federal community supervision: federal parolE

    1. Basics of Federal Parole

    2. Before Release: What to Know about Getting Released onto Federal Parole

    3. After Release: What to Expect in Your First Days Out on Federal Parole

    4. Length of Federal Parole

    5. Conditions of Federal Parole

    6. Transferring Federal Parole

    7. Violations & Revocation of Federal Parole

    8. Disability Rights for People on All Types of Federal Supervision

  8. CONCLUSION

  9. PAROLE & PROBATION APPENDIX

    1. General and Discretionary Conditions of California State Parole
    2. California State Parole Term Lengths
    3. Learn How To Calculate Your State Parole Discharge Date
    4. State Parole (DAPO) Regional Appeals Coordinators Addresses & Phone Numbers
    5. Notice Of Arson Offender Registration Requirement
    6. California Penal Code Sections 3000(b) & 3000.1
    7. California CDCR Form 1515
    8. California CDCR Form: Written Consent For Minor Visitation
    9. California CDCR Form 22
    10. California CDCR Form 602
    11. How To File A State Writ Habeas Corpus Petition
    12. California CDCR Form 1502
    13. Transferring To Another State As a Person Required to Register as a Sex Offender
    14. Interstate Compact Process Flowchart
    15. California CDCR Form 106
    16. California CDCR Form 106-A
    17. California CDCR Form 1824
    18. California BPH Form 1074
    19. California CDCR Form 611
    20. California CDCR Form 1845
    21. California CDCR Form 128C-2
    22. California CDCR Form 1707
    23. Selected California Formal Probation Instructions (County Specific)
    24. Sample Instructions for County Probation From Different Counties in California
    25. Changing Conditions of Informal or Formal Probation
    26. Sample Instructions for PRCS from Different Counties in California
    27. Requesting an Accommodation for Your Disability on County-Level Probation
    28. U.S. Department Of Justice, Federal Bureau Of Prisons (BOP) Form BP-A714.056, “Notice Of Release And Arrival”
    29. Federal Probation/Supervised Release: Standard Conditions
    30. Federal Probation/Supervised Release: Discretionary Conditions
    31. List Of Factors Federal Judges Consider When Determining Whether To Let Someone Off Probation Early
    32. Federal Crime Classes
    33. Sample Certificate Of Supervised Release
    34. Federal Supervised Release: Term Length Chart
    35. Federal Supervision: Release Plans
    36. Appeals to the National Appeals Board
    37. Federal Parole: Revocation Hearings
    38. Referrals for Parole Consideration Hearings before the BPH
    39. Excerpt from Human Rights Watch’s “Youth Offender Parole Guide”— Checklist to Determine Who is Eligible for a Youth Offender Parole Hearing under SB 260 & SB 261
    40. Form to Contest Disqualification by BPH as a “Youth Offender” under California Penal Code section 3051