What rights do I have if I am a person with a disability going through probation revocation proceedings?

The ADA and California state law protect your rights during probation revocation proceedings.[870] In addition, you have a constitutional right to Due Process during a revocation hearing,[871] this means that the court must give you notice of and ensure that you can participate effectively in the hearing. (See PG. 212 above for more information on your Due Process rights during a probation revocation hearing).

If you have a disability, you have the following rights during probation revocation proceedings:

    Reasonable accommodations from Probation staff[872] Examples of accommodations include: Ensuring access to the hearing room for a person with mobility impairments; providing Braille or taped documents or reading assistance for a vision-impaired person; providing assistance in communicating for a developmentally disabled person; or providing sign language interpretation for a hearing-impaired person.
    Probation staff must use effective communication and provide accommodations when interacting with people on probation with disabilities.[873] That means that they must use effective communication and provide accommodation when arresting parolees or modifying conditions of probation.[874]
    In the courtroom, attorney and court are responsible for meeting your needs during the court processes.[875]
    Additional assistance to accommodate your disability so that ensure that you can fully and successfully participate in the revocation proceeding.[876]
    Information about your right to receive accommodations and equal treatment, and how this affects your probation programming and requirements.[877]

IMPORTANT TIPS IN COURT:

    Tell the judge about your disability and how it affects your probation: Remember, the judge has much more power than your probation officer in deciding whether or not to revoke your probation. So if your disability is making it difficult for you to comply with your probation conditions (and if this is the reason for your revocation), you should try to explain this to the judge. Remember to bring documentation (i.e. letters from doctors, medical reports) of your disability to court with you. Tell the Judge what assistance you need from the Probation Department to accommodate your disability: You should also explain if you need any additional assistance from the Probation Department.[878] Bring Witnesses: Finally, you can also bring any witnesses (for example, a doctor, therapist, or other service provider) and evidence (such as a letter from your doctor or prescription for medication) to show how your disability affects you.
  1. 870

    Cal. Gov’t Code § 11135(a). ↑

  2. 871

    U.S. Const. amend. 14; Cal. Const. art. 7; see also Cal. Penal Code § 1203.2; People v. Vickers, 8 Cal. 3d 451 (1972). ↑

  3. 872

    See 42 U.S.C. § 12101 et seq. Fore more information about reasonable accommodations, and about the rights of disabled persons who are on parole or probation, please see: Prison Law Office Parolee Handbook (Aug. 2013), 43. ↑

  4. 873

    Prison Law Office Parolee Handbook (Aug. 2013), 43 ↑

  5. 874

    See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑

  6. 875

    See Cal. Rules of Court, Rule 1.100(b). See also, Cal. Civ. Code § 51 et seq. ↑

  7. 876

    28 C.F.R. § 35.106. ↑

  8. 877

    28 C.F.R. § 35.106. ↑

  9. 878

    Telephone conversation with Tony Crear, Alameda County Probation Department ↑