Current through Register Vol. 46, No. 12, March 20, 2024
(a) Technical
violations for which reincarceration may be imposed include:
(1) a violation of any standard condition of
release set forth in section
8003.2 of this Title to the extent
such constitutes a technical violation, except for the following:
(i) use of a controlled substance, provided
however, that such violation is a technical violation for which reincarceration
may be imposed where the releasee is subject to community supervision due to a
conviction for driving under the influence of drugs;
(ii) failure to notify the parole officer of
a change in employment or program status;
(iii) failure to notify the parole officer of
contact with law enforcement, provided however, that such violation is a
technical violation for which reincarceration may be imposed where the releasee
intended to hide illegal behavior;
(2) a violation of any special condition
other than that which may be specifically identified in subdivision (a) of
section 8004.6 of this Title, where the
failure cannot be safely addressed in the community and all reasonable
community-based means to address the failure have been exhausted. The
Department shall not charge such a violation, as a violation for which
reincarceration may be imposed, unless it has concluded that the failure cannot
be safely addressed in the community and that all reasonable community-based
means to address the failure have been exhausted.
(3) absconding from supervision;
(4) a violation of any direction that the
releasee appear at any recognizance hearing or parole revocation process
appearance, including the appearance directed in response to a notice of
violation, and any preliminary and/or final revocation hearing and any
adjourned or continuation appearances therefrom; and
(5) the failure to notify the parole officer
of an arrest or the service of a criminal summons upon the releasee.
(b) With respect to those
violations as set forth in subdivision (a) of this section, the case shall not
be considered a technical violation case where reincarceration may be imposed
unless there are at least three such violations charged within the current
case, or at least one such charge in the current case which may be combined
with such qualifying sustained prior violations on the instant term(s) as to
reach a threshold of three sustained such violations should the current
qualifying charge also be sustained. A qualifying prior violation means a
violation set forth in subdivision (a) of this section.
(c) Notwithstanding subdivision (b) of this
section, any technical violation case wherein the releasee is charged with
absconding from supervision shall be considered one where reincarceration may
be imposed, without regard to the number of current charges and irrespective of
whether violations have been sustained in a prior revocation case involving the
releasee.
(d) If the technical
violation case has been identified by the Department as one in which
reincarceration may be imposed, a notice of violation may be approved for
prosecution and:
(1) If the releasee appears
as directed in response to the notice of violation, the parole revocation
process shall continue and the releasee afforded the right to a preliminary
revocation hearing if such right is not waived; or
(2) If the releasee has failed to appear as
directed in response to the notice of violation and has failed to appear
voluntarily within forty-eight hours after such time, a parole warrant may be
issued for the retaking of the person and for their detention pending a
recognizance hearing in accordance with section
8004.5 of this Part.
