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

Yes. Since you are challenging a decision by the BPH, not a decision by Parole, you do NOT need to file a 602 appeal. You can challenge the BPH decision directly in state court.[406]

If there was not a mistake in Parole’s report/recommendations to the BPH, but you still want to challenge the BPH’s decision to keep you on parole past your PDD because you don’t think they had good cause, then there is no administrative appeals process.[407] Instead, you will go straight to filing a writ of habeas corpus in the state superior court where your parole is located to challenge the BPH’s decision.

  1. 406

    See Prison Law Office, The Parolee Rights Manual at 34; see also CDCR, Armstrong Remedial Plan, amended Dec. 1, 2010, at 93; DOM § 54100.5.

  2. 407

    This is because the BPH abolished its administrative appeal procedure beginning May 2004. See 15 Cal. Code Regs. Art. VI.