What rights do I have if I am a person with a disability going through parole revocation proceedings?

Under a federal law called the Americans with Disabilities Act (ADA), you have the legal right to reasonable accommodations during parole violation/revocation proceedings.[713] Examples of accommodations could include:

    Ensuring access to the hearing room for a parolee with mobility impairments;
    Providing Braille, taped documents, or reading assistance for a vision-impaired parolee;
    Providing assistance in communicating for a developmentally disabled parolee; OR
    Providing sign language interpretation for a hearing-impaired parolee.[714]

Just like all other aspects of parole, the CDCR’s parole staff must use “effective communication” and provide reasonable accommodations when interacting with you. That means that they must use effective communication and provide reasonable accommodations when:

    Arresting you;
    Modifying your conditions of parole; or
    Imposing sanctions like flash incarceration.[715]

KEEP IN MIND: If you are on parole and have disabilities, and you are having problems receiving help from parole staff, you can submit a CDCR Form 1824, “Request for Modification or Reasonable Accommodation,” (learn more on PG. 187). CDCR parole staff should also alert jail staff and the lawyer appointed to represent you about what your needs are when revocation proceedings begin.[716]

  1. 713

    42 U.S.C. § 12131 et seq.

  2. 714

    See Prison Law Office, The Parolee Rights Manu (updated Aug. 2013) at 43, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf.

  3. 715

    See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII.

  4. 716

    See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII.