Attorney Training Overview Guidelines
Life Parole Consideration Hearings
Mentally Disordered Offender Hearings
Sexually Violent Predator Hearings
Parole:
For all inmates/parolees
(I/P) sentenced under the Determinate Sentencing laws (DSL), parole is a
mandatory part of the original sentence. The normal length of parole is three years from the initial
parole date. However, that
time can be extended for up to one year for time spent serving a parole
revocation period. Furthermore,
any time spent in suspended status (Absconding/evading parole supervision)
can be added to the length of parole without limit.
For most non-violent offenders there is the possibility of early
discharge from parole after 13 months of disciplinary free parole
supervision.
I/Ps sentenced under Indeterminate Sentencing Laws (ISL) have varing periods of parole supervision based on when the offense occurred. Offenses after 01/01/1979 are subject to five years of parole with the possibility of two additional years of parole due to revocation assessments. Offenses before 01/01/79 are subject to three years of parole with the possibility of one additional year for revocation assessments. Murder offenses after 01/01/1983 require life long parole supervision.
Discharge review of I/Ps
needs the approval of two DCs. For
non-violent, non-serious DSL offenders, the normal discharge review is
after twelve months of continuous parole and becomes effective after the
thirteenth month. For violent
and/or serious offenders, the normal discharge review is after twenty-four
months of continuous parole and becomes effective after the twenty-fifth
month. The criteria looked at
when doing a discharge review includes the seriousness of the commitment
offense, the institutional adjustment of the I/P, the parole supervision
adjustment of the I/P, any placement returns (revocation periods), and the
level of supervision needed while on parole.
General conditions of
parole are integral in ensuring appropriate parole supervision of an I/P.
The CDC Form 1515 (See Attachment A), provides a description of the
general conditions of parole. These
include conditions regarding reporting instructions upon release to the
community, the establishment and reporting the change of residence and/or
employment, and travel restrictions.
General conditions also include the obligation to follow parole
agent instructions, avoid any criminal conduct, to report any arrest, and
to not possess or have access to any weapon.
Weapons for the purposes of parole supervision can be any knife
with a blade longer than two inches or even a simulated firearm.
Special conditions of parole can be imposed if there is a nexus or are reasonably related to the I/Ps commitment offense, criminal conduct, and/or future criminality. Examples of the most common special conditions of parole are: anti-narcotic testing, no alcohol consumption, Parolee Outpatient Clinic (POC) for mental health evaluation and/or continued treatment, No contact with victim, no gang participation, etc. Special conditions of parole can be case specific and imposed if deemed necessary by either the BPT or CDC. However, if a special condition of parole is imposed by BPT action, only BPT action can remove the condition.