Cal. Code Regs. tit. 15 § 3750

Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Section 3750 - Authority to Place a Parole Hold
(a) If the parole agent has probable cause, as described in Section 3753, to believe the supervised person has violated conditions of parole or of the law, the parole agent may arrest the supervised person without a warrant at any time during the period of parole supervision and bring them before the court for final adjudication, pursuant to Penal Code (PC) Section 1203.2.
(b) The parole hold decision must be made in every case regardless of the type of crime or parole violation with which the supervised person is charged or whether another criminal justice agency is detaining the supervised person.
(c) A parole agent may impose a parole hold when the parole agent determines that the supervised person falls within the criteria listed in Section 3751, and upon review by the unit supervisor, there is probable cause to believe the supervised person has violated parole and the parole hold is appropriate.
(d) Pursuant to PC Sections 3000.08(c) and/or 3056, a parole agent may place a parole hold on a supervised person when the supervised person has been confined in a county jail facility as the result of a technical violation and/or a new criminal charge as a result of the violation of the law described in subsection 3750(a), or may arrest a supervised person and place them in a county jail facility on a parole hold pending investigation of the alleged parole violations or new violations of the law.
(e) When determining whether or not to place a parole hold, the parole agent may do the following:
(1) Place the parole hold.
(2) Take any action as described in Section 3764.

Cal. Code Regs. Tit. 15, § 3750

Note: Authority cited: Sections 3056, 5058 and 5058.3, Penal Code. Reference: Sections 1203.2, 3000(b)(7), 3000(b)(9)(A), 3052, 5054 and 5054.1, Penal Code.

Note: Authority cited: Sections 3056, 5058 and 5058.3, Penal Code. Reference: Sections 1203.2, 3000(b)(7), 3000(b)(9)(A), 3052, 5054 and 5054.1, Penal Code.

1. New article 18 (sections 3750-3756) and section filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
1. New article 18 (sections 3750-3756) and section filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-6-2014 order, including repealer of subsection (a), subsection relettering and amendment of newly designated subsection (d), transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8/27/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).