What happens if I am arrested for an alleged parole violation?

Here is what you can expect if you are arrested for an alleged parole violation:

    After an arrest, a CDCR parole agent can place you on “hold” — meaning he or she can place you in jail until further proceedings take place.[679]
    Once you are on “hold,” parole staff decides if there is “good cause” to believe that you violated a law or parole condition. The staff does not have to hold a hearing or give you a chance to provide more information, but they have to make this decision among themselves.[680]
    What happens next? It depends on whether CDCR staff finds probable cause to believe you committed the alleged violation.
    If CDCR staff does not find probable cause, you will be re-released on parole.[681]
    If CDCR staff does find probable cause, they must decide whether “intermediate sanctions” can address the violation, or whether a formal revocation proceeding needs to happen. Intermediate sanctions might include:
    New parole conditions;
    Sending you to a special reentry court;
    Requiring your participation in treatment or rehabilitation programs; or
    “Flash incarceration,” which is detention in the county jail for up to 10 consecutive days.[682]
    If CDCR staff decides that intermediate sanctions are not enough, they will file a formal parole revocation petition in the local superior court.[683]
    The CDCR’s petition should describe:
    The relevant conditions of parole;
    The circumstances of the violation;
    The history and background of the parolee (you); and
    Parole staff’s recommendations for disposition (meaning: their recommendations as to what the outcome of the parole revocation petition should be).
    At this point, CDCR staff should tell you your rights, including: (1) the right to consult with a lawyer, and (2) if you can’t afford to hire a lawyer, the right to have the court appoint you a lawyer for free (the public defender). We recommend that you consult with an attorney or public defender before waiving (giving up) any rights.

IMPORANT: The CDCR may inform you that you have the right to waive both your right to an attorney and your right to a hearing, admit the parole violation, and accept the CDCR’s proposed revocation term (sometimes called a “screening offer”). The waiver of an attorney or hearing must be in writing.[684] Again, before you waive any rights, WE RECOMMEND THAT YOU ASK TO SPEAK TO AN ATTORNEY, AND IF YOU CANNOT AFFORD ONE, THAT YOU WAIT FOR YOUR FREE ATTORNEY TO MEET WITH YOU. Please note: There is currently no timeline required for these steps to happen, which is concerning.

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Currently, the law does not set any timelines for parole revocation steps.[685] CDCR staff are supposed to make a probable cause determination within 2 business days after a hold is placed on you, notify you of your charges and rights within 3 business days after the hold, and either file a revocation petition with the court or release you within 7 business days after the hold. But these timelines are not formal regulations, and the CDCR is not obligated to enforce them.

SummaryIf I have been arrested for an alleged parole violation, what three types of actions can parole staff decide to take against me?

Intermediate sanctions: new parole conditions, reentry court, and treatment or rehabilitation programs.Flash incarceration for up to 10 days. No court involvement required.[686]Petition the local superior court for a formal revocation under California Penal Code § 1203.2.[687]
  1. 679

    Cal. Penal Code §§ 1203.2(a), 3000.08(c), and 3056; People v. Woodall, 216 Cal. App. 4th 1221 (2013).

  2. 680

    Cal. Penal Code § 3000.08(d).

  3. 681

    Cal. Penal Code § 3000.08(c).

  4. 682

    Cal. Penal Code §§ 3000.08(d)-(f). Please note that the PRCS 1515 form includes a flash incarceration waiver, http://www.cdcr.ca.gov/realignment/regionaltrainingdocs/Tanya/CDCRFORM1515-CSPRCS(07-11).pdf.

  5. 683

    Cal. Penal Code § 3000.08(f).

  6. 684

    Cal. Penal Code § 3000.08(f).

  7. 685

    The Valdivia Injunction, which previously set timeliness requirements on the parole revocation process, is no longer in effect. Because of the major changes in parole laws, the court overseeing Valdivia decided that the case is “moot” (meaning no longer applicable) and that any problems with the new parole revocation procedures will have to be raised in new cases. Thus, advocates for people on parole have expressed concerns that there could be long delays between the placement of parole holds in jail and CDCR’s filing of revocation petitions. Advocates are also concerned that parolees may be pressured into giving up their rights and taking “screening offers” (like a parole revocation plea bargain) without having an opportunity to consult with an attorney. See also Prison Law Office, The Parolee Rights Manual at 43, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf.

  8. 686

    Cal. Penal Code § 3000.08.

  9. 687

    Cal. Penal Code § 1203.2.