Cal. Code Regs. tit. 15 § 2733

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2733 - Multijurisdictional Parolees: Revocation

(a) General. The board may revoke the California parole of any cooperative or concurrent parolee. Unless otherwise provided by law, the 180-day or one year maximum confinement pursuant to revocation shall be computed from the date the other jurisdiction places a parole hold for California.

(b) Reporting Parole Violations. The interstate unit shall report to the board at the central office calendar any parolee who is reasonably believed to have engaged in any of the conduct listed in Section 2616 or who falls into the criteria of Section 2601. The provisions of Sections 2617-2620 apply to the submission of reports for multijurisdiction parolees.

(c) Board Action.

(1) Issue Warrant. The board shall review the information to determine if a warrant should be issued to place or retain the parolee in custody. In making the warrant decision the board shall consider the factors listed in Sections 2601 and 2602.

(2) Revocation Proceedings. The board shall review the information to determine whether the parolee should be scheduled for revocation proceedings or continued on parole.

If the parolee is scheduled for revocation proceedings the provisions of Section 2641 apply. If the parolee does not waive the revocation hearing or requests a hearing after a conditional waiver, the interstate unit will arrange for officials of the receiving state to conduct a revocation hearing. The receiving state's recommendations as to good cause shall be referred to the board. The receiving state may make any recommendation listed in Section 2645. The board shall review the other state's recommendation and make the decision concerning good cause.

If the decision is to return the parolee to custody, the parolee shall be returned to California as soon as possible if he is not undergoing criminal prosecution in the receiving state. If he is undergoing criminal prosecution, the parolee shall be retained in custody under a parole hold in the other state. When the criminal prosecution terminates, the board shall review the case to determine whether the parolee should be returned to California to complete any time remaining on the revocation time, the revocation order should be modified to the amount of time already served, or the parolee should be discharged. The California hold will be retained for no longer than 180 days or one year, as set forth in Section 2606, from the date the hold was placed.

Cal. Code Regs. Tit. 15, § 2733

1. Amendment of subsection (a) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
3. Amendment of subsections (a) and (c)(2) and NOTE filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).

Note: Authority cited: Sections 3040, 3052 and 5076.2, Penal Code. Reference: Sections 3056, 3057, 3060 and 3064, Penal Code.

1. Amendment of subsection (a) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
3. Amendment of subsections (a) and (c)(2) and Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).