California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 6 - Adult Parole
Article 18 - Parole Holds
Section 3753 - Review of a Parole Hold

Universal Citation: 15 CA Code of Regs 3753

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) As soon as possible, but no later than close of the next business day, upon discovery of a known violation of parole and the placement of a parole hold, the parole agent shall conduct a case conference with the parole unit supervisor to present the facts and circumstances of the supervised person behavior to determine whether there is probable cause to retain the parole hold.

(b) A parole unit supervisor or the parole administrator may order the removal of a parole hold upon review as described in subsection 3753(a).

(c) Once removed, a parole hold shall not be reinstated unless new information is received which may indicate that the supervised person's behavior falls within the criteria set forth in Section 3751. If the parole hold is reinstated, the supervised person shall be issued the reasons in writing as provided in Section 3754.

(d) If upon review, it is determined that the county of arrest has no jurisdiction to pursue a revocation, the parole hold shall be removed and the supervised person shall be ordered to return to their county of supervision and the jurisdiction of the county superior court (court). Upon the supervised person's return to the county of supervision, the parole agent shall submit a petition for revocation to the court to adjudicate the parole violation(s).

(e) A parole hold placed by DAPO shall be removed if new felony or misdemeanor charges are filed before the petition for revocation is filed against a supervised person for the same conduct in which the parole hold was placed. A petition for revocation shall not be filed in this situation.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.

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