Cal. Code Regs. tit. 15 § 3765

Current through Register 2024 Notice Reg. No. 40, October 4, 2024

Section 3765 - Legal Custody and Jurisdiction of County Jail Facility

A supervised person may be housed in a county jail facility in the county where they were arrested or the county where the petition to revoke parole is filed.

(a) When housed in a county jail facility, supervised persons are under the sole legal custody and jurisdiction of the county, and shall remain under the sole legal custody and jurisdiction of the county sheriff or county correctional administrator even if placed in an alternative custody program in lieu of incarceration, including but not limited to, the following:

(1) Work Furlough

(2) Electronic In-Home Detention

(b) When the supervised person, including a supervised person placed on Electronic In-Home Detention, is under the legal custody and jurisdiction of a county jail facility awaiting parole revocation proceedings, or upon revocation, the supervised person shall not be under any supervision by a DAPO parole agent. Parole supervision by the Department shall commence at the time of release from the county jail facility or county alternative custody program following a period of custody for revocation of parole, or upon release from the county jail facility if the court made the determination that there is no violation of parole.

Cal. Code Regs. Tit. 15, § 3765

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 290, 1203.2, 3000, 3000(b)(9)(A), 3052, 3053, 3056, 3057, 5054, 5054.1 and 5076.2, Penal Code; and Sections 11561 and 11563, Health and Safety Code.

1. New 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 7-16-2014 and filed 8/27/2014 (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).