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).
- 664
42 U.S.C. § 12131 et seq. ↑
- 665
See Prison Law Office, The Parolee Rights Manu (updated Aug. 2013) at 43, http://www.prisonlaw.com/pdfs/ParoleeManual,Aug2013.pdf ↑
- 666
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
- 667
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑
- 668
See Armstrong Remedial Plan (Jan. 3, 2001), § IV.S; Clark Remedial Plan (Mar. 1, 2002), § VIII. ↑