What can I do is CDCR/Parole is violating the legal time limits for responding to my 602 administrative appeal?
Except for the Third Level of a 602 appeal, CDCR/Parole must provide you in writing with (1) an explanation of the reasons for delay, and (2) an estimated completion date. This information must be given to you within the time limits listed on PG. 180.[638]Unfortunately, it is likely that the CDCR Regional Appeals Coordinator office will not provide a formal written response to your 602 appeal within the timelines required by law. Be sure to ask your parole agent and parole agent’s supervisor for the formal response to your 602 appeal at any and all of the three levels of review. If you have asked for a formal written response, and you do not receive one in person or by mail within a reasonable time, you can:(1) File another 602 appeal, noting CDCR and Parole’s failure to give you a formal response to your 602 appeal within the timelines required by law.(2) File a state petition for a writ for habeas corpus in your local superior court. State in the petition that because CDCR and Parole didn’t send you a formal response to your 602 appeal within the legal timelines, you’ve exhausted (completed) the only administrative appeals process available to you.(3) Take informal actions to help create a record of what is happening with your original 602, such as: Calling the Regional Appeals Coordinator office requesting a formal response to your 602 be sent to you (document each phone call); AND Writing and send a dated and signed letter to the Regional Appeals Coordinator where you sent the original 602, noting CDCR and Parole’s failure to return a formal response to your 602 appeal within the timelines required by law; AND Writing and sending a dated and signed letter directly to the parole field office where you report, with attention to your agent AND your agent’s supervisor, noting CDCR’s failure to return a formal response to your 602 appeal within the timelines required by law. In the letter you should include:
- Your full name;Your CDCR number;A brief explanation of the issue(s) that your original 602 appeal(s) was about (include the date that the formal response was due back to you, and how much time has passed since then; what level you are at in the appeals process; and any other facts about the 602 appeal that you believe are relevant); ANDA copy of your original 602 appeal, if you have one, as evidence of your appeal.
Why are these actions suggested? In the appeals process, it is best to have any problems PUT INTO WRITING in a formal letter to the parole office. This is more helpful than just having informal conversations, which don’t leave any documentary evidence..Where do I send my letters?
Northern Region Parole, Appeals Coordinator, 9825 Goethe Road, Ste. 200, Sacramento, CA 95827-2572Southern Region Parole, Appeals, 21015 Pathfinder Road Ste. 200, Diamond Bar, CA 91765
- 638
15 Cal. Code Regs. § 3084.8(e). ↑