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CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION. Parole Violator Management and Hearings in Local Jails. Overview. Revocation Hearings & Hearing Rooms Valdivia Time Frames Revocation Dispositions Out-of-County Revocations In Jail Misconduct by Revoked Parolee

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CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

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  1. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION Parole Violator Management and Hearings in Local Jails

  2. Overview • Revocation Hearings & Hearing Rooms • Valdivia Time Frames • Revocation Dispositions • Out-of-County Revocations • In Jail Misconduct by Revoked Parolee • Transfers after October 1, 2011 • Release Date Changes • Notice Agents • Complex Cases • Agent Pickup

  3. Hearings Conducted by BPH • The Board conducts 4 types of revocation hearings/reviews: • Return to Custody Assessment • Probable Cause Hearing • Revocation Hearing • Optional Waiver Review

  4. Return to Custody Assessment • The RTCA review is conducted when Parole staff have made a preliminary determination that a condition of parole has been violated and the appropriate disposition for the parolee is a return to custody. • RTCA is similar to a District Attorney review and filing. • This review is conducted in the DRU without the parolee present.

  5. Probable Cause Hearing • The PCH is intended to provide the parolee with an opportunity, soon after being placed in custody, to contest the pending charges and/or present evidence that continued incarceration is not necessary, even though the charges may be supported. • A PCH is similar to a preliminary hearing and settlement conference. • The parolee is afforded counsel at this step.

  6. Revocation Hearing • Although many steps and tasks are similar to the PCH, the revocation hearing is bifurcated. There is a fact finding phase and a disposition phase. • A revocation hearing is similar to a trial.

  7. Optional Waiver Review • An Optional Waiver can only occur if the DA has filed charges on the offenses that occurred causing the violation. • The parolee has the right to postpone the revocation hearing in order not to self incriminate. • The OWR occurs when the parolee revokes his/her waiver. • The OWR is similar to an abbreviated settlement conference. • This option will probably disappear based upon the Courts’ will have jurisdiction over both the new charges and the revocation charges.

  8. Hearing Rooms • When determining a Room: • ADA Compliant • Adequate Lighting • Electricity • PCH • Big enough for DC, BRR, Parolee, Attorney and Interpreter if necessary. • Revocation Hearing • Big enough for the above listed, plus need 3rd party witnesses to be able to have access.

  9. Hearing Rooms (cont.) • Nice to have list: • Telephone • Telephonic PCHs and interpreters • Parolee not behind a barrier • Metal mesh, Plexiglas, etc. • Attorney Consultation Room

  10. Valdivia Timeframes • CDCR must adhere to the Valdivia Remedial Plan timeframes for revocation process: • A parole hold is placed • Probable Cause Determination by Unit Supervisor • 2 calendar days • Notice of Rights • 3 business days • Served by DAPO Notice Agent • Face to Face

  11. Notice Agents • Notice Agents within three business days provide the violator: • Notice of Charges (CDCR 1502-B) • Notice of Rights (BPT 1100) • ADA assessment (BPT 1073) • If ADA, medical or mental health issues observed, NOR is required to alert jail staff • If any problems arise with Notice process contact DAPO HQ Litigation Compliance Unit Parole Administrator

  12. Revocation Timeframes (cont.) • RTCA • 10 business days • Attorney consult with Parolee • 11 business days • Probable Cause Hearing • 13 business days • Revocation Hearing • 35 calendar days

  13. Revocation Dispositions • The periods of revocation effective 10/1/11 are the following: • Hold dates prior to 10/1/11 • 1 to 12 months • DC determines if parolee is eligible for worktime credits (E or I) • Hold dates on or after 10/1/11 • 1 to 180 days • Board does not determine worktime credits • County Jail staff will determine release date

  14. Periods of Revocation (cont.) • Realignment Revocations served in County Jails • 1 to 180 days per revocation • It is not cumulative • Flash Incarceration • Is not considered a period of revocation • Does not subtract from the 1 to 180 day period • Not eligible for half-time credits

  15. Out-of-County Revocations • Morrissey v. Brewer • Due process requires parole revocation hearings to be held within 50 miles of the location the violation took place. • If a parolee out of Riverside County violates in Butte County, the revocation hearing will be held in Butte County. • If revoked, the counties will have to determine if the parolee will serve his/her time in Butte or transfer arrangements will be made to bring to Riverside.

  16. In Custody Misconduct • If a parole violator is charged with an in custody misconduct: • The county jail may utilize PC 4019 to impose credit loss. • Revocation Extension • Based upon realignment changes to PC 3057, revocation extension will only apply to PC 3000.1 parolees and parolees with holds prior to 10/1/11.

  17. Who Can Be Returned to CDCR • The following parole violators can be transferred to CDCR after 10/1/11: • Violators who had a parole hold prior to 10/1/11 • Inmates paroled pursuant to PC 3000.1 when revoked for 30 days or more • Parolees who commit a violation on or after 10/1/11, shall serve revocation period in county jail

  18. Transfers During Implementation • CDCR will continue to do the following transfers during realignment implementation: • Violators with holds placed prior to 10/1/11 • CDCR Transportation will continue to pick up from remote county locations • CDCR will coordinate transfers from LACJ, Santa Rita and RCCC • Violators who parole from county jail will remain on state supervision • Violators who are transferred to a state facility will be screened for community supervision

  19. Release Date Changes • Notify supervising agent when a violator’s release date changes either: • Due to a credit loss extending the release date • Violator is released early based on county jail’s determination • At least two business days prior to the early release, please notify the Agent of Records using the email in LEADS.

  20. Complex Cases • Examples of complex cases include: • Parolee who has required high level of mental health treatment while in custody, who may warrant immediate continuum of care in community or immediate evaluation by DAPO Parole Outpatient Clinic. • Parolee with medical concerns that may require assisted living.

  21. Agent Pickup • On rare occasions, the Parole Agent may request to pick up a violator upon release, based on case factors. Current practice will be followed. • A county jail Physician or Psychiatrist may request the Parole Agent pick up the violator for the safety of the public, or the safety of the parolee. County jail staff can contact the Agent of Record using information in LEADS or call the main number of the assigned parole unit.

  22. Questions THE END

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