If you allegedly violate your parole, California Penal Code § 3056 PC allows courts to keep you in custody while waiting for your parole revocation hearing to take place.
During this time, the county has sole legal custody over you. If parole gets reinstated, you are transferred back into the custody of the Department of Corrections and Rehabilitation.
The full text of 3056 PC reads as follows:
(a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b) or as provided by subdivision (c) of Section 3000.09. A parolee awaiting a parole revocation hearing may be housed in a county jail while awaiting revocation proceedings. If a parolee is housed in a county jail, he or she shall be housed in the county in which he or she was arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail in that county, in the housing facility with which that county has contracted to house jail inmates. Additionally, except as provided by subdivision (c) of Section 3000.09, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days per revocation. When housed in county facilities, parolees shall be under the sole legal custody and jurisdiction of local county facilities. A parolee shall remain under the sole legal custody and jurisdiction of the local county or local correctional administrator, even if placed in an alternative custody program in lieu of incarceration, including, but not limited to, work furlough and electronic home detention. When a parolee is under the legal custody and jurisdiction of a county facility awaiting parole revocation proceedings or upon revocation, he or she shall not be under the parole supervision or jurisdiction of the department. Unless otherwise serving a period of flash incarceration, whenever a parolee who is subject to this section has been arrested, with or without a warrant or the filing of a petition for revocation with the court, the court may order the release of the parolee from custody under any terms and conditions the court deems appropriate. When released from the county facility or county alternative custody program following a period of custody for revocation of parole or because no violation of parole is found, the parolee shall be returned to the parole supervision of the department for the duration of parole.
(b) Inmates paroled pursuant to Section 3000.1 may be returned to prison following the revocation of parole by the Board of Parole Hearings until July 1, 2013, and thereafter by a court pursuant to Section 3000.08.
(c) A parolee who is subject to subdivision (a), but who is under 18 years of age, may be housed in a facility of the Division of Juvenile Facilities, Department of Corrections and Rehabilitation.
Legal Analysis
If you get released on parole in California, you must abide by various conditions such as:
- checking with your assigned parole officer at predetermined intervals,
- abstaining from drugs and alcohol, and
- avoiding any new arrests.
Minor “technical violations” – which are infractions that usually carry no jail time such as texting while driving – can be considered parole violations. Even moving to a different part of California for a new job can be deemed a parole violation by the court.
Example: Tom is out on parole when he is caught speeding by five miles per hour. Ordinarily, this would result in just a citation and a fine. Though Tom’s parole officer can consider it a parole violation and contact the police to arrest him.
If you allegedly violate your parole, Penal Code 3056 PC permits the judge to “remand” you to county jail until the revocation hearing. The jail may be located in either:
- The county where you were arrested;
- The county where the state filed the petition to revoke parole;
- If there is no county jail, a housing facility contracted to house inmates; or
- If you are under 18, a juvenile detention facility
In some cases, judges may permit you to remain out of custody pending the revocation hearing. After the revocation hearing, the judge will determine whether you may remain on parole or not.
If the judge reinstates parole, the judge may add additional conditions. If the judge revokes (cancels) parole, you may remain in the county jail for a maximum of 180 more days. The judge may also order a stint in a treatment center and/or psychological evaluations.
While you are out on parole, you are supervised by the Department of Corrections and Rehabilitation. Though if you get remanded to a county jail following an alleged parole violation, the county will have sole legal custody and jurisdiction over you.
Penal Code 3056 PC permits parolees to stay in county custody while awaiting their revocation hearing.
Frequently Asked Questions
1. What is parole revocation in California?
Parole revocation is the process by which you get your parole terminated and are sent back to prison. This happens if the judge finds that you violated the terms or conditions of your parole.
2. What are common parole violations?
Common parole violations include things such as:
- missing appointments with your parole officer,
- failing drug tests,
- getting arrested for a new crime, or
- traveling outside your allowed area without permission.
Any violation of your parole terms can potentially lead to revocation.
3. Who decides if my parole should be revoked?
A California superior court judge holds revocation hearings and decides if parole should be revoked. You have a right to have an attorney present at the hearing.
4. What is the standard of proof for revoking parole?
The standard of proof is preponderance of evidence, which means that parole will be revoked if it is more likely than not that you violated your parole terms. This is a lower standard than “beyond reasonable doubt.”1
5. If parole is revoked, how much time can I serve?
If your parole is revoked, you can be ordered to serve the time remaining on your original sentence. The maximum is 180 days.
6. Can I be held in custody pre-revocation?
Yes, 3056 PC permits courts to hold you in custody while awaiting your parole revocation hearing. If your parole is revoked, your time served pre-hearing is credited toward your new sentence.
7. If I did violate parole, does the judge have to revoke it?
No. Instead of revocation, judges can impose additional terms such as:
- increased supervision,
- counseling,
- electronic monitoring,
- mandatory residential drug treatment, and
- fines.
8. Is there an appeals process for parole revocation?
You can challenge parole revocation decisions through appeals.2 If that does not work, you can pursue a writ of habeas corpus.
9. Can parole be reinstated after revocation?
Yes, in some cases parole can be reinstated after the revocation term is served. This depends on the circumstances of the revocation and is determined case-by-case.
10. Can I have an attorney?
Yes. You may want to use the criminal defense attorney who represented you in your original case. This way, your attorney is already familiar with your situation.
Parolees can have their attorney represent them during revocation hearings.
Additional Resources
For more information, refer to the following:
- Parolee Handbook – Official guide by the California Department of Corrections and Rehabilitation for how to successfully complete parole.
- Parole Hearing Information – Instructions for crime victims on how to participate in parole hearings.
- Parole Suitability Hearing Results – Results of past lifer hearings going back one year.
- Is California parole program worth $100 million a year? – Cal Matters article on the pros and cons of parole.
- California’s Changing Parole Population – Article by the Public Policy Institute of California.