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Division of Adult Division of Adult Parole OperationsParole Operations

MARGARITA PEREZMARGARITA PEREZ

Deputy DirectorDeputy Director

Enhancing Public Safety through Enhancing Public Safety through the Successful Reintegration of the Successful Reintegration of OffendersOffenders

Division of Adult Parole Operations

• The mission of the Division of Adult Parole Operations is to protect the public and to assist parolees with their reintegration into the community.

Parole Law

• California has a mandatory parole system. This means that…unless public safety presents an overriding concern…inmates who are eligible for parole must be paroled once they serve their sentence. Prior to 1977, that wasn’t the case.

Supervision on Parole

• Parole supervision is based on many different elements and criteria. The intensity of supervision is based upon:

• (1) the needs of the parolee, and

• (2) the risk the parolee presents to the community

Supervision Level Determinants• California Static Risk Assessment• Correctional Offender Management Profiling for Alternative

Sanctions (COMPAS)• Static 99 (Male Sex Offenders Only)• Unique knowledge of case factors• Parole Violation Decision Making Instrument:– Static 99, if applicable– Severity of the parole violation– California Static Risk Assessment– Override Feature

Parole Agents

• Parole Agents supervise parolees

• Their primary responsibility is to protect the public by facilitating the long-term reintegration of offenders into the community. (Two Hats)

• Authority derived by PC Section 830.5.• Training mandated by PC Section 832

Parole Conditions & Requirements

• Basic requirements include:

– Parole Agent Instructions

–Criminal Conduct

–Weapons

– Special conditions

• Release contingent upon parolee agreeing to abide by his/her conditions of parole

Board of Parole Hearings

• Consists of the former Board of Prison Terms, Youth Authority and Narcotic Addict Evaluation Authority

• 17 Governor Appointed Commissioners

• Authority vested in Penal Code, Welfare and Institutions Code and CCR, Title 15, Division 2 Regulations

• Independent Decision Maker

Board of Parole Hearings

• Parole Revocation Hearings• Revocation Extension Hearings• Lifers:– Parole Consideration Hearings – Rescission Hearings– Progress Hearings

• Mentally Disordered Offender Hearings.• Sexually Violent Predator Hearings.

Board of Parole Hearings

• Investigate & make recommendations on applications for pardons/commutations of sentence

• Foreign Prisoner Transfer

• Reconsider denial of good time credits

• Set conditions of parole

• Waive parole

Parole Eligibility

• Determinate sentences: A "determinate" California State Prison sentence is a sentence for a specific period of time

• Indeterminate sentence : An "indeterminate" California State Prison sentence is an indefinite sentence.– Lifers: Before a Lifer can be released on parole,

they must attend a Board of Parole Hearing and be granted “parole.”

Parole Violation Hearings• Morrissey vs. Brewer 1972 • Valdivia Class Action Lawsuit: May 1994• Resolution/Permanent Injunction 2004: – Probable Cause Determination – 48 Hours– Notice of Charges /Rights/ 72 Hours– Return to Custody Assessment Offer – 5/6 Business

Days after Notice of Rights– Probable Cause Hearing – 10 Business Days after

Notice of Rights– Counsel/Right to Confront & Cross

Witnesses/Challenge Evidence– Revocation Hearing – 35 Calendar Days

Mandatory Referrals to the Board of Parole Hearings

• History of the Robin Regan Rules

• Title 15, Crime Prevention and Corrections, Division 2, Board of Parole Hearings, Chapter 6, Parole revocation, Article 2, Parole Violations and Reports, 15 CCR 2616

Parole Length• The length of supervision depends on the crime

for which he/she was convicted and date of commitment offense.

• Most common -- 3 year parole period

• Chelsea’s law – signed/enacted on September 9th

• Lifers – depends on commitment offense and conviction date

Discharge from Parole

• If the parolee is violation free and has complied with all of his conditions of parole he can be discharged prior to his maximum discharge date

• Discharge review periods are specified in the Penal Code

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Traditional Parole

Non-Revocable

Parole

Non Revocable ParolePC Section 3000.03

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Non Revocable ParolePC Section 3000.03

Track 1

Track 2

The Continued Evolution of Parole

• California Parole Supervision and Reintegration Model (CPSRM)

• Developed by Center for Effective Public Policy and internal/external stakeholders:– Based upon lessons learned and research from the past two decades– Considers programs, practices, principles which have proven

success over time.– Objective is to align practices with those that have proven to

facilitate the long-term reintegration of offenders into the community.

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Division of Adult Division of Adult Parole OperationsParole Operations

Questions?Questions?