California Penal Code § 3056 PC allows courts to keep parolees in custody while waiting for their parole revocation hearings to take place.
Even minor violations can cause parolees to be remanded to prison.
During this time, the county has sole legal custody over the person. If parole gets reinstated, the person is transferred back into the custody of the Department of Corrections and Rehabilitation.
The full text of the statute California Penal Code 3056 PC states:
(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
Prisoners released on parole in California must abide by various conditions, such as checking with their assigned parole officer at predetermined intervals, abstaining from drugs and alcohol, and avoiding any new arrests.
Even “technical violations” – which are minor 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 parolees allegedly violate a condition, Penal Code 3056 PC permits the judge to “remand” them to county jail until the revocation hearing. The jail may be located in either:
- The county the parolee was 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 the parolee is under 18, a juvenile detention facility
In some cases, judges may permit parolees to remain out of custody pending the revocation hearing.
After the revocation hearing, the judge will determine whether the parolee may remain on parole or not. If the judge reinstates parole, the judge may add additional conditions. If the judge revokes (cancels) parole, the ex-parolee 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 prisoners are out on parole, they are supervised by the Department of Corrections and Rehabilitation. Though if they get remanded to a county jail following an alleged parole violation, the county will have sole legal custody and jurisdiction over them.
Frequently asked questions
1. What is parole revocation in California?
Parole revocation is the process by which people out on parole (“parolees”) get their parole terminated and are sent back to prison. This happens if the judge finds that they violated the terms or conditions of their parole.
2. What are common parole violations that can lead to revocation?
Common parole violations include things like 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 someone’s parole should be revoked?
The Board of Parole Hearings holds revocation hearings and decides if parole should be revoked. The parolee has 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 the parolee violated their parole terms. This is a lower standard than beyond reasonable doubt.
5. If parole is revoked, how much time in custody can someone serve?
Someone whose parole is revoked can be ordered to serve the time remaining on their original sentence, up to a maximum of 180 days. Additional revocation terms can be imposed for subsequent violations.
6. Can parolees be held in custody pre-revocation?
Yes, PC 3056 permits courts to hold parolees in custody while awaiting their revocation hearing. Time served pre-hearing is credited toward any revocation term.
7. What options besides revocation and custody are available?
Instead of revocation, alternatives like increased supervision, counseling, electronic monitoring, mandatory residential drug treatment, and fines can be imposed.
8. Is there an appeals process for parole revocation?
Revocation decisions typically can be challenged through appeals and writs 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. Where can someone find help with a potential parole revocation?
Parolees typically use the criminal defense attorney who represented them on their original case. This way, the attorney is already familiar with the case and the parolee.