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parolee rights

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AYYA

Guest
What is the name of your state? california

What is the mandatory amount of days a parolee gets to receive a hearing? His case was never picked up by the D.A., but he is now on a parole hold. Has been there for 51 days without hearing.
 


TYRIS

Member
AYYA said:
What is the name of your state? california

What is the mandatory amount of days a parolee gets to receive a hearing? His case was never picked up by the D.A., but he is now on a parole hold. Has been there for 51 days without hearing.

PC§ 3057. Revocation Confinement; Loss of Worktime Credits
(a) Confinement pursuant to a revocation of parole in the absence of a new conviction and commitment to prison under other provisions of law, shall not exceed 12 months, except as provided in subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation without a new commitment to prison, the inmate shall be released on parole for a period which shall not extend beyond that portion of the maximum statutory period of parole specified by Section 3000 which was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in Section 3060.5 upon confinement pursuant to a parole revocation, the parole authority may extend the confinement pursuant to parole revocation for a maximum of an additional 12 months for subsequent acts of misconduct committed by the parolee while confined pursuant to that parole revocation. Upon a finding of good cause to believe that a parolee has committed a subsequent act of misconduct and utilizing procedures governing parole revocation proceedings, the parole authority may extend the period of confinement pursuant to parole revocation as follows: (1) not more than 180 days for an act punishable as a felony, whether or not prosecution is undertaken, (2) not more than 90 days for an act punishable as a misdemeanor, whether or not prosecution is undertaken, and (3) not more than 30 days for an act defined as a serious disciplinary offense pursuant to subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any revocation period imposed under subdivision (a) may be reduced in the same manner and to the same extent as a term of imprisonment may be reduced by worktime credits under Section 2933. Worktime credit must be earned and may be forfeited pursuant to the provisions of Section 2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum term of life imprisonment.
(B) Parolees who violated a condition of parole relating to association with specified persons, entering prohibited areas, attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that could be prosecuted under any of the following sections, whether or not prosecution is undertaken: Section 189, Section 191.5, subdivision (a) or paragraph (3) of subdivision (c) of Section 192, Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section 241, Section 244, paragraph (1) or (2) of subdivision (a) of Section 245, paragraph (2) or (6) of subdivision (a) of Section 261, paragraph (1) or (4) of subdivision (a) of Section 262, Section 262, subdivision (c) or (d) of Section 286, Section 288, subdivision (c) or (d) of Section 288a, subdivision (a) of Section 289, 347, or 404, subdivision (a) of Section 451, Section 12020, 12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560, or Section 664 for any attempt to engage in conduct described in or that could be prosecuted under any of the above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been granted parole after conviction of any of the offenses specified in subparagraph (C).
(E) Parolees who the parole authority finds at a revocation hearing to be unsuitable for reduction of the period of confinement because of the circumstances and gravity of the parole violation, or because of prior criminal history.


TYRIS
 
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AYYA

Guest
WILL HE GET TIME?

MY BOYFRIEND HAS BEEN IN PRISON FOR 59 DAYS, HE WILL HAVE HIS HEARING IN 3. HE WAS PICKED UP FOR BEING ACCUSED OF STEALING HIS MOMS COMPUTER, WHEN SHE LET HIM BORROW IT, BUT HE TOOK TO LONG TO RETURN IT, SO SINCE HE WAS ON PAROLE, SHE REPORTED HIM. D.A. NEVER PICKED UP THE CASE, AND HIS MOM DOES NOT WANT TO PRESS CHARGES.DO YOU THINK THEY WILL VIOLATE HIS PAROLE, AND IF SO HOW MUCH TIME WILL HE GET?
 

TYRIS

Member
Re: WILL HE GET TIME?

AYYA said:
MY BOYFRIEND HAS BEEN IN PRISON FOR 59 DAYS, HE WILL HAVE HIS HEARING IN 3. HE WAS PICKED UP FOR BEING ACCUSED OF STEALING HIS MOMS COMPUTER, WHEN SHE LET HIM BORROW IT, BUT HE TOOK TO LONG TO RETURN IT, SO SINCE HE WAS ON PAROLE, SHE REPORTED HIM. D.A. NEVER PICKED UP THE CASE, AND HIS MOM DOES NOT WANT TO PRESS CHARGES.DO YOU THINK THEY WILL VIOLATE HIS PAROLE, AND IF SO HOW MUCH TIME WILL HE GET?
that is going to be up to his parole officer and the parole board. just because the d.a. doesn't file charges on a case, doesn't mean that his parole officer won't violate him for it. alot of the d.a.'s i deal with will let the parole department handle certain cases instead of taking it to court.

how much time will he get? that's hard to say. he can get up to a year for a parole violation depending on the type of violation committed and what his special conditions for parole are. the only thing he can do is go to the parole hearing and bring his mother to testify in his defense.

TYRIS
 
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AYYA

Guest
tHEY ARE TRYING TO GET HIM FOR CREDIT CARD THEFT, BECAUSE HE HAD CHARGED SOMETHING THROUGH HIS MOMS ACCOUNT ON THE COMPUTER. THEY SAY IT WAS A CRIMINAL ACTIVITY. THE PAROLE OFFICER'S REPORT IS ALL WRONG, THEY HAVE ALL THE DATES AND EVERTYTHING TWISTED, AND HIS MOM AGREES, DO YOU THINK THAT WILL HELP HIM? IF HE GETS A YEAR DO THEY DEDUCT THE TIME HE HAS ALREDY SERVED?
 
D

dcbean

Guest
California prison "good time credits"

I am in California. I was recently sentenced to state prison for 3 years. I am a female and this is my first term. I have never done any county or state time other than 3-4 days. I am assuming my points are low and I will be on level 1. Are good time credits at 1/2 time or 1/3 time? Does anyone know? It was supposed to change sometime to 1/3 time but I do not know when. I know fire camps are getting it? Are womens facilities?? I go in on monday. :(
 

calatty

Senior Member
Dcbean - whether you get half or one-third time depends on the crime you were convicted of. Fire camp is an exception.

Ayya - the parole board will not be impressed by his mother recanting. He was most likely offered a deal and turned it down. He is likely to end up with more time than the offer after a hearing.
 

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