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

There are several responsibilities to be aware when you first get out of state prison and are living in the community on parole:

    FIRST, MAKE CONTACT WITH YOUR PAROLE AGENT AND VISIT YOUR ASSIGNED PAROLE OFFICE.

CDCR makes it clear that “it is up to you to get yourself to your parole office” upon release, so do your best to make contact with your parole agent right away, and visit the office as soon as you can, if you don’t have a set appointment time.[341]

You should call your parole agent when you first get out. The agent’s name, address, and telephone number should be on CDCR Form 611, “Release Program Study” (RPS). You should have received a copy of the RPS at least 45 days before your release date — or, if less than 45 days remain because your legal status changed in prison, then as soon as possible before your release to parole.[342] (To see an example RPS, go to Appendix S, PG. 297.) If you cannot reach your parole agent, or if you do not know who that person is, try going to the closest parole office you can find and ask for help. The parole office can call your parole agent and let him or her know you are coming and when you will be there. For a phone directory of California state parole offices, visit: http://www.cdcr.ca.gov/Parole/Public_Officers_and_Regional_Offices/.

If you were given a date, time, and place to report to your parole agent (see your Form 611, Release Program Study (RPS)), you should report to him or her at that time in that location.[343] If you get out on a weekday and can visit the office that day, we recommend that you do so. If you get out on a weekend or national holiday when the parole office is closed, it is recommended that you visit the office the very next day it is open.

If you get stuck out of town, get lost, or cannot get to where you have to go, contact your parole agent by calling collect. If you cannot contact your parole agent, call the Parole Headquarters for your region, and ask for the Officer of the Day. (For the Northern Region Headquarters, call 1-916-255-2758; for the Southern Region Headquarters, call 1-909-468-2300). If you don’t know which region you’re in, call the Division of Adult Parole Operation’s Headquarters at (916) 445-6200.[344]

    IF ANY CRIMES ARE COMMITTED AGAINST YOU AFTER YOUR RELEASE, TELL YOUR PAROLE AGENT.[345]
    IF YOU ARE STOPPED BY THE POLICE FOR ANY REASON, TELL YOUR PAROLE AGENT.[346]
    REGISTER WITH THE LOCAL POLICE OR SHERIFF, IF NECESSARY.

This requirement does not apply to all people on parole. It may apply to you if you went to prison for a sex, drug, gang, or arson case.[347] Before you get out of prison, you should be told whether you have to register with the local police or sheriff as a condition of parole. Specifically, your correctional counselor at the prison should check a box on your CDCR Form 611, “Release Program Study” (RPS), indicating your registration requirements; and this form must be given to you at least 45 days before your expected release date.[348] (See an example of the RPS form in Appendix S, PG. 297). You will then have to sign a form that tells you when and how you must register. (See the chart below.)[349] If you have questions, talk with your correctional counselor in the prison, or with your parole agent once you are out.[350] Upon release, you should then register with the police or sheriff as soon as possible. Please refer to the chart on the next page for a summary of registration requirements.

The chart below summarizes the laws that require people to register.

SUMMARY OF SPECIAL LEGAL REQUIREMENT TO REGISTER WITH POLICE OR SHERIFF

TYPE OF CONVICTION REQUIRING REGISTRATION

LEGAL AUTHORITY

FORM YOU MUST SIGN BEFORE RELEASE TO SHOW YOU RECEIVED NOTICE OF YOUR DUTY TO REGISTER

CRIMINAL STREET GANG-RELATED[351]

Cal. Pen Code § 186.30

Each county creates its own forms. Contact your local police or sheriff department to ask what you need to do to register for a gang-related conviction. The local police or sheriff’s office may require you to fill out certain forms, and some first require an appointment.[352]

SEX OFFENDER

Cal. Pen Code § 290 et seq.

DOJ Form SS 8047, “Notification of Sex Offender Registration”

ARSON

Cal. Pen Code § 457.1

DOJ Form SS 8049, “Notice of Arson Offender Registration Requirement”

CONTROLLED SUBSTANCE OFFENDER

Cal. Health & Safety Code § 11590

DOJ Form SS 8048, “Notice of Narcotic Offender Registration”

  1. 341

    CDCR Parolee Information Handbook, 4.

  2. 342

    15 Cal. Code Regs. § 3075.2(b)(2); See CDCR, Notice and Conditions of Parole, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/NCDR/2014NCR/14-03/CDCR%201515.pdf; DAPO’s timelines for completing Form 611. Department Operations Manual (hereinafter "DOM") § 81010.5 ), http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/DOM/DOM%202015/DOM%202015.pdf (updated Jan. 2015) (“The Parole Agent shall investigate all proposed programs. If a proposed program is determined by a Parole Agent not to be suitable for a parolee, efforts shall be made by the Parole Agent to develop an appropriate alternate program in the county of commitment. [DAPO] staff shall return the completed RPS Form, CDC Form 611, and Conditions of Parole to the institution housing the inmate 60 days before the inmate's EPRD. However, if the RPS, CDC Form 611, is not received by the parole unit at least 75 days before the EPRD, the preparole investigation shall be returned within 15 days of receipt.”).

  3. 343

    CDCR, Parolee Information Handbook at 4.

  4. 344

    See Parole, Public Officers and Regional Offices, Cal. Dep’t of Corr. & Rehab., http://www.cdcr.ca.gov/Parole/Public_Officers_and_Regional_Offices/.

  5. 345

    CDCR, Parolee Information Handbook at 4.

  6. 346

    CDCR, Parolee Information Handbook at 4.

  7. 347

    CDCR, Parolee Information Handbook at 5.

  8. 348

    See 15 Cal. Code Regs. §§ 3650; 3075.2(b).

  9. 349

    CDCR Parolee Information Handbook at 5; see 15 Cal. Code Regs. § 3075.2(b).

  10. 350

    CDCR Parolee Information Handbook at 5.

  11. 351

    There has been significant case law on what information the police or sheriff can require from you. See, e.g., People v. Sanchez, 105 Cal. App. 4th 1240 (2003); People v. Bailey, 101 Cal. App. 4th 238 (2002).

  12. 352

    Telephone call with Gang Task Force police officer in Watsonville, CA. If you are required to register for a gang-related offense, the local police/ sheriff’s office may ask for relevant information from you like the name of the gang, size of the gang, where the gang tends to congregate, and/or where gang members live. Usually a parole officer will tell someone of this registration requirement in the first days after release from prison, and may give the parolee instructions for when and how to make an appointment to register with the local police or sheriff’s office.