During a parole revocation hearing, do I have rights to accommodations for my disability?

Yes. Under the Americans with Disabilities Act (ADA), you have a right to reasonable accommodations for your disability during parole violation/revocation proceedings.[664] For example, parole staff must:

    Ensure access to the hearing room if you are a parolee with mobility impairments;
    Provide Braille, taped documents, or reading assistance if you are a vision-impaired parolee;
    Provide assistance in communicating if you are a developmentally disabled parolee;
    Provide sign language interpretation if you are a hearing-impaired parolee.[665]

In addition, parole staff must always use “effective communication” and provide reasonable accommodations when interacting with you — even when they are:

    Arresting you;
    Modifying your parole conditions; or
    Imposing sanctions like flash incarceration.[666]

When revocation proceedings begin, parole staff should alert jail staff and the attorney appointed to you about your special needs.[667] In the courtroom, your attorney and the court should be responsible for ensuring your needs are met throughout the court process.[668]

KEEP IN MIND: If you have a disability and are on parole, and you are having problems receiving help from parole staff, you can submit a CDCR Form 1824, “Request for Modification or Reasonable Accommodation,” (read more on PG. 187).

  1. 664

    42 U.S.C. § 12131 et seq.

  2. 665

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

  3. 666

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

  4. 667

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

  5. 668

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