State parole

    The basics of state paroleAfter release — what to expect in your first days out on state paroleThe length of state parole — including (a) what to do if you believe your parole term length is miscalculated, and (b) how to get off parole earlyThe general conditions of state paroleThe extra (“special”) conditions of state parole, and the legal requirements for imposing theseThe process for challenging conditions of state paroleYour rights as a parolee with a disabilityProcedures for state parole violations and revocations

  1. Basics of State Parole

    1. What is California state parole?

    2. I am incarcerated in a California state prison and preparing for release. Will I be required to serve a parole term after my release?

    3. When is the Post-Release Community Supervision (PRCS) vs. Parole assessment done?

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

    1. Preparing for Parole Consideration Hearings before the Board of Parole Hearings (BPH)

    2. SB 260 and SB 261

    3. SB 394: YOUTH OFFENDER PAROLE HEARINGS FOR People Sentenced to “LWOP” (Life without the Possibility of Parole)

    4. ELDERLY PAROLE PROGRAM

    5. Proposition 57 (“Prop. 57”)

    6. SB 620: unwarranted firearm enhancements

    7. SB 180: DRUG SENTENCING REFORM

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

    1. What are some of my responsibilities when I first get out of state prison under state parole supervision?

    2. What county will I be paroled to, and who decides?

    3. Do I get any financial assistance or “gate money” from parole when I first get out?

    4. What can I do if I don’t get my gate money?

  4. Length of State Parole

    1. How do I know the length of my parole?

    2. If I am on state parole, what law sets the length of my parole?

    3. What can I do if I think my parole term has been miscalculated?

  5. Getting Off State Parole

    1. Can I get off state parole early?

    2. What should happen when I reach my presumptive discharge date (PDD)?

    3. What are my rights during the presumptive discharge Date (PDD) review process?

    4. Do I have a right to appear at the discharge review hearing before the Board of Parole Hearings (BPH)?

    5. On what basis can the BPH decide to keep me on parole past my PDD instead of letting me off early?

    6. What happens if the BPH decides to continue my parole?

    7. Can I appeal the BPH’s decision to keep me on parole past my PDD?

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

  6. Conditions of State Parole

    1. General Conditions for Every Person on State Parole

    2. All people on Parole: Little Protection Against Searches & Seizures

    3. Additional Laws That Apply to All People on State Parole

    4. Special Conditions of State Parole: Conditions that apply ONLY to certain People on parole

    5. Special Conditions of State Parole and Other Laws that Apply to Sex Offenders (“290 Registrants”)

    6. Residency, Movement & Employment Restrictions

    7. Special Conditions of Parole for Mentally Disordered Offenders (MDO)

  7. How to Challenge State Parole Conditions

    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. I FILED A 602 APPEAL CHALLENGING A PAROLE CONDITION. What HAPPENS TO A PENDING 602 APPEAL IF I violate parole?

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

  8. Transfer Locations on State Parole

    1. I want to transfer my parole to another county in California. How can I do that?

    2. I am on state parole, and I want to transfer to another state. When and how can I do that?

  9. Your Rights as a Parolee with a Disability

    1. I have a disability. do I have the right to get accommodations for my disability while I am on parole?

    2. How will my parole agent know about my disability and my related special needs?

    3. In general, what accommodations must Parole make for people with disabilities?

    4. Parole is not accommodating my disability, and I am not getting fair treatment or equal access to Parole services or programs. What can I do?

    5. During a parole revocation hearing, do I have rights to accommodations for my disability?

  10. State Parole Violations & Revocations

    1. How did Realignment Change the way parole revocation hearings work (as of July 1, 2013)?

    2. If I am suspected of a parole violation, who has authority to arrest me? Do they need a warrant?

    3. What happens if I am arrested for an alleged parole violation?

    4. Where can I find the legal rules that apply to parole revocation hearings?

    5. Who represents the CDCR’s parole department in the hearing?

    6. Who represents me if I cannot afford an attorney?

    7. What is the legal standard for finding me guilty of a parole violation?

    8. If I go to jail on a parole violation, am I entitled to bail?

    9. What rights do I have during a parole revocation hearing?

    10. When can witnesses be excused from appearing at my parole revocation hearing?

    11. What happens if an important state witness doesn’t show up to my parole revocation hearing?

    12. At my parole revocation hearing, Can the district attorney bring evidence that was found in an unlawful search or seizure?

    13. If the judge revokes my parole and orders me back into custody, where will I serve and for how long?

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

    15. How do I challenge (appeal) a parole revocation decision or action made by the county superior court?

    16. What types of issues could I bring up in a challenge to parole revocation proceedings, decisions, or actions?

    17. What is the process for appealing a decison made by CDCR?