What is the legal test for finding special conditions of parole unlawful?

This is a review from PG. 162! Courts have held that parole conditions are invalid if they don’t pass the following 4 tests:

TEST 1: A parole condition is invalid if it: (1) has no relation to the commitment offense; (2) bars conduct that is not in itself criminal; AND (3) requires or forbids conduct that is not reasonably related to future criminal conduct or activities. You must show that the parole condition is invalid based on all 3 factors (just one or two is not enough).

TEST 2: A parole condition is invalid if it infringes on (violates) a constitutional right AND is broader than necessary to promote public safety or rehabilitation.

TEST 3: A parole condition may be invalid if it is excessively broad or so vague that your cannot understand or follow it.

TEST 4: A parole condition is invalid if it limits the type of employment you can have, but does not directly relate to your crime.

You will need to explain how the parole condition you are challenging is invalid under one of these legal tests.

IMPORTANT NOTE: If you are challenging the length of your parole term, you do not need to use these legal tests, but instead you would explain why the parole term length is incorrect based on the California Penal Code and Title 15 regulations. You would still use the same 602 appeals process described above. To learn more about parole term lengths, see PG. 152.

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