How can I challenge a parole condition that I believe is unlawful?
IF THE CONDITION WAS IMPOSED BY THE BPH:
To challenge a BPH decision or a parole condition set by the BPH, you do not need to file an administrative appeal — UNLESS the issue involves a disability. Since the BPH has no administrative appeal process, you can immediately file a state petition for writ of habeas corpus with the superior court in the county of your parole. See Appendix K, PG. 280, at the end of this chapter, to learn about the process.
IF THE CONDITION WAS IMPOSED BY PAROLE:
To challenge a parole condition imposed by the Department of Adult Parole Operations (DAPO or “Parole”), you will have to file an administrative appeal, known as a 602 appeal. Keep in mind there are very strict time limits to this entire process, and there are three levels to the appeals process before going to court!
You can challenge your parole conditions by following these steps:
Begin your administrative appeal by filing CDCR Forms 22 and 602—and include no more than one issue per form. In general, you have 30 calendar days to submit the appeal after the problem occurs
Submit these two forms at the same time: (1) a CDCR Form 22 to your parole agent, requesting an interview to discuss the issue; and (2) a CDCR Form 602 appeal to the Regional Appeals Coordinator.
Attach a copy of your Form 22 request to your Form 602 appeal; and, vice versa, attach a copy of your Form 602 to your Form 22 request.[611]
- SUBMIT FORM 22: File a CDCR Form 22, “Request for Interview, Item or Service” with your parole agent.[612] You can get this form from any parole field office. [613] There is an example of Form 22 in Appendix I, PG. 275, but always ask for the most current version. Once you have filled out the Form 22, you can deliver it by mail or in person to your parole agent at your parole office. To find your local parole office’s address, visit the following online directory and click on your region: http://www.cdcr.ca.gov/Parole/Public_Officers_and_Regional_Offices/.
- From the time your parole agent receives your Form 22 request, he or she has 3 working days to return the form you submitted with the agent’s response on it, along with a copy of the response. Specifically, your parole agent must: (1) note his or her decision on the original form, (2) sign and date the original form, and (3) retain a copy for his or her records.[614]
- SUBMIT FORM 602: At the same time, submit a formal administrative appeal using CDCR Form 602 to your Regional Appeals Coordinator.[615] There is an example Form 602 in Appendix J, PG. 277, but always ask your parole agent for the most current version. Along with filling out the Form 602, compile all supporting documents listed on the form. You MUST also include both a copy of your CDCR Form 1515 AND a copy of your Form 22 as supporting documents. Enclose all these documents along with your Form 602, and send it to your Regional Appeals Coordinator. Ask your agent or see Appendix D on PG. 263 for a list of Regional Appeals Coordinators.
WARNING: If you send a CDCR Form 602 appeal to the DAPO Regional Appeals Coordinator before filing a CDCR Form 22 with your parole agent, the Appeals Coordinator may screen out and reject your 602 appeal because Parole wants parolees to try and solve issues informally with their agents before a formal appeal is processed. As long as you file the Form 22 and Form 602 at the same time (and attach a copy of each one to the other one), your 602 appeal should be reviewed. Note that the timeline for your agent to respond to your Form 22 request is much shorter than the timeline the Appeals Coordinator has to respond to your Form 602 appeal.
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IMPORTANT NOTE ABOUT GATHERING SUPPORTING DOCUMENTS: Time limits are not suspended just because you are attempting to get supporting documents; you should go ahead and file your appeal and explain why you are unable to get the documents.[616] If you do that, the Appeals Coordinator might grant you additional time to get the documents.[617] Failure to meet the timelines may cause you to lose the opportunity to exhaust administrative remedies; thus, you should always file your appeal as soon as possible after the incident or decision that is the subject of your grievance.[618]
CDCR has 30 working days to respond to your 602 administrative appeal (this is called the “first level” of the appeal process).
You should receive a response to your 602 within 30 working days (so don’t count state holidays or weekends). In most cases, if CDCR denies your 602 appeal at the first level of review, you must continue your challenge through all three levels of the administrative appeals process before you can start a case in court.[619]
There are special rules for processing 602 appeals concerning miscalculated parole discharge dates. First level review is done by the records office staff.[620] If your appeal is denied at the first level, you can request second level review, which consists of a “computation review hearing.” Unless you waive (give up) these rights, you should be notified at least 24 hours before the date and time of the hearing.[621] At the end of the hearing, you should get a copy of the hearing decision on a CDCR Form 1033.[622] If your appeal is denied at this second level, and/or if you are dissatisfied with the hearing decision, you can submit your appeal to the CDCR Appeals Chief for third level review.
If CDCR denies your 602 administrative appeal at the first level of review, you have 30 calendar days to submit a second level appeal.
If CDCR denies your 602 administrative appeal at the second level of review, you have 30 calendar days to submit a second level appeal.[623]Finally, if you exhaust (complete) all three levels of the 602 administrative appeals process, you can continue to challenge the calculation of your parole length (or any other parole condition) by filing a state petition for a writ of habeas corpus in the superior court of the county of your parole. To learn how, see the next question, and Appendix K, PG. 280!
- 611
15 Cal. Code Regs. § 3084.6(e)(2). ↑
- 612
CDCR Form 22, “Request for Interview, Item or Service” is not available online. You should request the most current version from your parole agent. A version is included in Appendix I, PG. 280, for your reference or use. ↑
- 613
15 Cal. Code Regs. § 3086(c)(4). ↑
- 614
15 Cal. Code Regs. § 3086(f)(4). ↑
- 615
15 Cal. Code Regs. §§ 3084.2; 3084.3 ↑
- 616
15 Cal. Code Regs. § 3084.3(b). ↑
- 617
15 Cal. Code Regs. § 3084.3(d). ↑
- 618
See Ngo v. Woodford (9th Cir. 2008) 539 F.3d 1108; Harvey v. Jordan (9th Cir. 2010) 605 F.3d 681. ↑
- 619
15 Cal. Code Regs. § 3084.7. ↑
- 620
15 Cal. Code Regs. § 3084.9(d). ↑
- 621
15 Cal. Code Regs. § 3084.9(d)(2). ↑
- 622
15 Cal. Code Regs. § 3084.9(d)(3). ↑
- 623
15 Cal. Code Regs § 3084.8(b). ↑