HomeMy WebLinkAboutMINUTES - 12032002 - C123 TO: BOARD OF SUPERVISORS Cos tCa
'- Cosh
FROM: Warren E. Rupf, Sheriff-Coroner e'.1,29ounty
DATE: October 23, 2002
SUBJECT: Policies and Procedures for the Office of the Sheriff's County Pamle Program
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENCED ACTION:
ADOPT Policies and Procedures of the Office of the Sheriffs County Parole Program.
11. FINANCIAL IMPACT:
NONE.
111, BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
In 1987, the County Parole Board established new parole regulations that included the
Maximum Supervision Parole Program. The authority to establish the program and set fees
is granted to the Board of Supervisors in Penal Code Section 3074. The Custody Alternative
Facility Policy and Procedures Manual was revised in October of 2002.
There are no changes to the County Parole Program.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Without the program, the inmates would have to service their sentence in custody,
dramatically increasing the cost to the County.
CONTINUED ON ATTACHMENT: Yes SIGNATURE: �L
M A [ON OF WORTY ADMIN19TM511
t.'APPROVE OTHER
AI TURES . ��' -+'`
ACTION OF BOARD A i.z 2 o.j Zs APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT1.117 ' ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact Person: Gkxia Sutter 335-1526
CC: Sheriff-Coroner ATTESTED: d 2—
CAO,Justice System Administration JOHN SWEETEN,CLERK O THE BOARD OF
SUPE SOBS AND CO,NTYADMI STRATOR
BY: ✓1 Wit' -� ^`DEPUTY
C%id 3
a
RULES AND REGULATIONS
CONTRA COSTA COUNTY
BOARD OF PAROLE COMMISSIONERS
AUGUST, 2002
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INTRODUCTION
The Rules and Regulations of the Contra Costa County Board of Parole
Commissioners are set forth herein. First are the specific Rules and
Regulations under Section I. Second are the specific applicable Penal
Codes ("quoted verbatim") governing County Parole and listed under
Section II, Statutory Authority. Section III (Annex) is a listing and
compilation of specific forms and documentation used for the general order
of business for County Parole and referred to throughout this manual.
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CONTENTS
SECTION I. RULES AND REGULATIONS
Rule 1 - Membership
Rule 2 - Office of the Board
Rule 3 - Meetings
Rule 4 - General Statements of Policy
Rule 5 - Application for Parole
Rule 6 - Parole Hearing Procedure
Rule 7 - Terms and Conditions of Parole
Rule 8 - Emergency Parole
Rule 9 - Unconditional Parole
Rule 10 - MSPP Maximum Supervision Parole
Rule 11 - Fee Recovery
Rule 12 - Revocation of Parole
Rule 13 - Reciprocal Inter-County Transfer
SECTION H. STATUTORY AUTHORITY
-Sections 3074PC through 3089PC
-Related Penal Code Sections
SECTION III. ANNEX
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SECTION I. RULES AND REGULATIONS
The Contra Costa Board of Parole Commissioners, designated in these regulations as the Board,
adopts the following rules and regulations by authority of the California Penal Code Sections
enumerated throughout these regulations.
Rule 1 - Membership
A. The Board consists of the Sheriff, the County Probation Officer, a public member
chairperson and an"alternate"public member chairperson. Public members of the Board are
appointed by the Presiding Judge of the Superior Court for Contra Costa County. {Penal
Code Sections 3075 3075.3 and 3085.1}
B. The Custody Alternative Facility Lieutenant acts as the Parole Officer and Secretary to the
Board. (Annex 1)
C. The Sheriff and County Probation Officer may appoint deputies from their respective offices
to serve as temporary or alternate commissioners when they are unable to serve. The public
members may not appoint temporary members to serve for them. Any reference in these
regulations to the Board or its members shall include and apply to temporary or alternate
commissioners.
Rule 2 - Office of the Board
The Custody Alternative Facility, 1011 Las Juntas,Martinez,California,94553,is designated as the
Office of the Board.
Rule 3 - Meetings
A. Regular meetings of the Board are held on the second and fourth Wednesday of each month
at 08:15 a.m. at the Contra Costa County Main Detention Facility, 1000 Ward Street,
Martinez, California. Special meetings of the Board will be held at such times and places
as the Board shall determine.
B. Two(2)members of the Board constitute a quorum for the transaction of any Board business
or the exercise of any Board action. (PC3076 b )
C. At each meeting of the Board in which applicants are considered for Parole, the Secretary
or his agents shall present all applications with the completed investigative report and
recommendations. Each member of the Board shall be given a copy of the parole report,
application, applicable commitments, orders of probation and any written court
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recommendations. All other written documentation used in compiling the parole report shall
be readily available to the Board should they require it. (ANNEX 5)
D. Physical custody is not required for parole consideration. However,all current offenses must
be adjudicated.
E. Optionally, the Secretary or designee may make audio and video recordings of the official
meetings of the Board. In this case,recordings will be appropriately labeled,cataloged and
stored for the future retrieval of information by or for the Board. Recordings will be retained
for a period of not less than two (2)years prior to erasure or destruction.
Rule 4 - General Statements of Policy
A. The recommendation of the sentencing judge,if any,shall be given careful consideration by
the Board. (PC 3078)
B. County Parole may be granted if it is shown that:
1. Release is not likely to pose significant danger to the community or the parolee; and
2. There is a likelihood that the inmate can be successfully reintegrated into the
community.
C. Inmates with less than sixty(60)"adjusted"or actual days remaining to serve at the time of
application are generally not eligible to apply for County Parole. Pre-custody applicants
must have at least forty-five (45) days. Exceptions to this rule may be made on an
individual basis.
D. All county inmates receiving a grant of County Parole shall be supervised (PC 3087).
Supervision may be administered cooperatively by any or all agents of the Board. Agents
of the Board shall include,but are not limited to,sworn peace officers, and any other sworn
or non-sworn persons within Contra Costa County recognized by the Board as suitable and
qualified to supervise or monitor parolee compliance with the rules and regulations of
County Parole.
E. The Board shall, at the time an application for Parole is granted,establish a suitable level of
supervision to ensure satisfactory monitoring of parolee compliance and successful re-entry
into the community. Agents of the Board responsible for the direct supervision of parolees
will monitor parolee compliance and provide the necessary level of service and supervision
consistent with these rules and conditions as ordered by the Board.
Parolees may be individually or jointly supervised by agents of the Board as defined in these
rules. Parole agents are responsible for reporting violations, taking appropriate actions
and/or recommending actions by the Board consistent to the violation and in the interest of
the parolee and/or the protection of the community. (PC 3081)
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F. The.Board will establish a parole termination date consistent with the parolee's release date
had they not been granted parole. The Board may, with Justification, establish a parole
termination date for a period of time up to a maximum of two (2) years County Parole
supervision. The Board shall set the length of Parole supervision at the time Parole is
granted consistent with the court commitment but may lengthen or modify this period of
supervision at any later time, for cause,after due process. (PC 3081)
1. When computing parole termination dates, only GOOD TIME will be considered
along with credit for time served in custody.
G. An individual with a grant of Formal Probation will be jointly and cooperatively supervised
by the Sheriff's Office and Probation Department staff.
Rule 5 - Application for Parole
A. Notices describing the availability of County Parole and/or copies of these rules and
regulations shall be posted in each facility within the County where sentenced inmates are
regularly detained, including each living area of each detention facility so that all prisoners
have access to a copy. In addition, the Board shall provide a complete copy of these rules
and regulations to each of the judges of the Superior Courts. (PC 3076)
B. The Parole Officers shall furnish official application forms to the officers in charge of each
County Detention Facility. It is the responsibility of the officers in charge of these detention
facilities to ensure that applications are readily available to any and all inmates housed in the
facility. All County courts will be supplied with adequate applications and information
booklets. No application for Parole, except in the case of an "Emergency Parole" request,
will be accepted unless it is submitted on an officially recognized form. (ANNEX 2)Upon
request, the Parole Officer or his agent may assist an inmate in the preparation of an
application. (ANNEX 2 & 3) (PC 3076 c )
C. Any inmate sentenced in and to a Contra Costa County detention facility on all charged
offenses may apply for Parole UNLESS:
I. Less than sixty (60) days actual custody time remains to be served at the time of
application(the 60 day time rule may be waived when deemed necessary or prudent
and in the best interest of the inmate and/or community); or
2. The Superior Court has specifically denied eligibility for Parole at the time of
sentencing (ANNEX 4), or
3. The inmate is scheduled for transfer to a state correctional facility to serve the
sentence imposed.
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D. Completed applications shall be transmitted to the Parole Officer within five (5) days,
excluding holidays and weekends. The time begins upon receipt of the application at the
facility in which the inmate is housed.
E. The Parole Officer or his designee shall review each Parole application and initiate an
investigation when appropriate.
F. The Parole Officer or his designee shall notify the sentencing judge(s)when an investigation
is initiated and request comment on the application if the sentencing judge is not the referring
party. When appropriate, a reasonable effort will be made to give notice and solicit
comments from the victim(s),the investigating policy agency, the assigned supervising or
investigating probation officer and references provided by the inmate. (PC 3078)(ANNEX
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G. All eligible applications received for County Parole consideration will be scheduled for a
hearing at the nearest hearing date allowing for a reasonable period of investigation and case
preparation.
H. Applicants who are in physical custody will generally be given priority for case preparation
and hearing as compared to applicants who are not in physical custody.
Rule 6- Parole Hearing Procedure
A. The applicant shall personally appear before the Parole Board when his/her application is
considered. (PC 3079(b))
B. An attorney for the applicant may submit written information and/or argument which is
relevant to the parole application to the Board for consideration.
C. The personal appearance of an attorney will be allowed only upon written request to the
Board and upon a showing that:
1. The applicant lacks the capacity to effectively speak for himself/herself; or
2. The matter before the Board is extraordinarily complex and the attorney would be of
assistance to the Board.
D. Friends,relatives and employers may personally appear before the Board only upon written
request to the Board and upon a showing that they can be of assistance to the Board.
E. The Board shall determine each application upon its individual merit. The Board will
consider information presented which may include but shall not be limited to:
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1. The recommendation of the sentencing judge;
2. Probation and/or police report summaries;
3. Victim statements;
4. The nature of the offense;
5. The applicant's prior criminal record;
6. Custodial incident reports or the applicant's institutional adjustment:
7. The investigation report;
8. The recommendation of the Parole Agent; and
9. Any and all statements and materials submitted by the applicant and/or anyone on
his/her behalf. (AhLT 5)
In keeping with the philosophy that Parole seeks to release inmates so that they may become
productive citizens benefitting themselves, their families and the general public, the Board
may also consider:
a. The applicant's stability within the community, employment history or the
likelihood that he/she may be able to get and maintain gainful employment;
b. He/she has demonstrated a willingness and ability to help themselves through
academic and/or personal "self-help" counseling and education not readily
available within the County's correctional system;
C. The applicant is in need of medical/psychiatric care not readily available
within the County's correctional system,or placement under some other care
or supervision, and subsequent release poses no significant hazard to the
community or the applicant.
F. The burden is upon the applicant to show, by a preponderance of evidence, that:
1. He/she is sentenced on all current criminal matters in Contra Costa County; and
2. His/her release is not likely to pose a significant danger to the community; and
3. It is likely that the applicant can be successfully reintegrated into the community.
G. Upon considering an application, the Hoard may:
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1. Grant Parole with specific terms/conditions and establish the period of time for
supervision not exceeding two (2) years and consistent with the sentencing judge;
and consistent with the court commitment. {ANNEX 7, 8. 9) (P 3081)
B. Grant Parole contingent to receipt and verification of additional information, or
verification that specific conditions have been met by the applicant; or
3. Continue the matter to a later date; or
4. Deny Parole.
H. When Parole is granted,the Parole Officer will cause"Notification of Parole Release"letters
to be sent to:
1. The sentencing court(s); and(ANNEX 11)
2. The local police agency having jurisdiction in the area where parolee will live.
(ANNEX 10)
I. When Parole is denied,the Board shall make written findings of fact. A letter of the findings
shall be mailed to the applicant within two(2.)days of adoption of the findings by the Board,
not including holidays and weekends. (ANNEX C)
J. Within thirty(30)days after the findings are mailed, the applicant or the Parole Agent may
request a rehearing. A rehearing shall be granted if it is shown that:
1. New facts and evidence is discovered which were unknown or unavailable at the time
of the parole hearing; or
2. There was an obvious injustice not known at the time of the Parole Hearing; or
3. The Board specifically ruled at the time of denial, that a rehearing may be requested
contingent to specific conditions being met.
The Board may order a rehearing on its own motion at any time.
K. Parole Board meetings are confidential. Only an applicant's approved/denied status may be
released to the general public.
Rule 7 -Terms and Conditions of Parole
A. When Parole is granted, the Parole Officer, or other agent of the Board, shall deliver a
certificate evidencing the order of Parole to the officer in charge of the facility where the
inmate is confined directing release of the prisoner in accordance with this rule and the terms
of Parole. (ANNEX 7)
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An inter-facility transfer to the Custody Alternative Facility may be facilitated, in lieu of,
release from the facility where the inmate is normally housed.
B. No inmate shall be released on Parole unless and until he/she has signed an agreement
accepting the terms and conditions of Parole. (ANNEX 8&9)"EXCEPTION"See Rule
9. Para. B.
C. Release will generally occur no later than seventy-two(72)hours from the time Parole was
granted by the Board or upon receipt by the housing facility of the certificate evidencing
Parole and compliance with the provisions of this rule.
Rule 8-Emergency Parole
A. Inmates may apply for an emergency parole at any time after sentencing.
1. Applicants for emergency parole will write "Emergency" at the top of their
application or their written request for such release. Applicants shall fully explain
the urgent nature of their request.
2. The application will be forwarded to, or brought to the attention of the ranking
officer of the facility in which the inmate is confined for immediate evaluation.
3 The ranking officer of the facility in which the inmate is confined will ensure that
emergency applications are delivered to the Parole Officer as expeditiously as
possible.
4. Parole investigation staff will process emergency applications on a priority basis. If,
upon evaluation, the application appears to merit emergency consideration, a report
to the Board shall immediately be prepared.
5. Applications that do not appear to merit emergency consideration will be handled as
any normal application would be. Those applications without merit of emergency
consideration shall be evaluated by the Parole Officer or other agency for final
determination.
6. The applicant shall be notified by phone or in writing when the application is deemed
NOT to be an emergency and that it will be processed normally. Notification should
be made within seventy-two (72) hours unless it is not practical.
7. Emergency releases will generally be limited to life or health threatening
circumstances which may not be stabilized except though such emergency release.
B. When an emergency application requires a hearing prior to the next regularly scheduled
Board meeting, Board members will be contacted and a special meeting will be scheduled
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at the earliest convenient date.
1. For good cause,based upon the nature of the emergency, the Board may choose to
confer and render a decision telephonically. A quorum of the Board is not required
in an emergency, circumstance. (PC 3079(a))
C. The Board will consider emergency applications and render a decision as outlined under Rule
6 of these Rules and Regulations, or;
I. Find that the application does not merit emergency consideration and order routine
processing and consideration.
Rule 9 -Unconditional Parole
A. Sentenced County inmates having a sentence or commitment in another jurisdiction with a
parallel release date of not less than ten(10)days from the Contra Costa County release date
may be released"unconditionally"to the other jurisdiction.
B. The process of application,right of appearance and signature of agreement to Parole release
does not apply to"unconditional"release. The process does not involve a liberty issue to the
parolee and is solely an administrative mechanism transferring physical custody from one
jurisdiction to another.
1. County Parole staff,upon determining an inmate's eligibility for unconditional,inter-
agency release, shall deliver to the facility in which the inmate is confined, an Order
of Release; and
2. The Order of Release shall specify the agency and related docket number(s)released
to. The Order will specify the "termination" date to be the same as the Parole
"release" date, and
3. The Order of Release shall further specify that the inmate is to be released, only, to
the specified agency. Otherwise, the Release is to be considered "null and void",
and parolee may not be released from custody.
C. Unconditional inter-agency releases will be listed on the agenda of the next meeting of the
Board. Information will include the name, BPC#, booking#, date of release and agency
released to, for the Board's review.
Rule 10 - MSPP - Maximum Supervision Parole
K. Based upon the needs of the applicant and to ensure the safety of the community, the Board
may order a subject released in accordance with the provisions of Maximum Supervision.
L. Maximum Supervision Parole is meant to supply the parolee with enhanced supervision and
support while on Parole to aid in his/her successful reentry into the community. Supervision
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shall be structured to provide the educational, vocational and counseling mechanisms most
needed by the individual parolee. Excluding special circumstances,the minimal supervision
requirements will include:
1. Curfew restrictions setting specific times when parolee is required to be at his/her
residence;
2. Mandatory employment and/or a full-time program of education or vocational
training with forty (40) hours of weekly participation being the norm, or a
combination of part-time work/part-time school;
3. Mandatory and verified counseling attendance, generally two (2) times weekly,
according to the needs of the parolee;
4. Complete abstinence from all intoxicants; and
5. Any other rule or regulation specified, and agreed to in writing, which the Board or
its agents feel is necessary to adequately supervise the parolee. A� NNEX 99)
Rule 11 - Fee Recovery
A. The Board and its agents are authorized under the laws of this state and by order of the Board
of Supervisors to collect reasonable fees from Parole participants for the administration of
the program. (PC 1208.2, 1208.3)
B. The Board shall not consider an applicant's ability or inability to pay Parole fees for the
purpose of granting or denying Parole.
C. The County Board of Supervisors will establish the amount of the application fee and the
basic minimum daily fee. These fees were set at $100 for the Application Pee and $10 or
one (1) hour's wage per day , or the parolee's ability to pay such fees effective November
5, 1991. The maximum fee shall be the equivalent of one-hour gross wage per day of Parole
participation.
D. Approved applicants will pay a one-time, non-refundable application and process fee.
E. pees may be waived or modified at any time. However, it is the burden of the parolee to
provide financial documentary evidence to justify any such waiver or modification.
(ANNEX 1,5)
F. All fees collected shall be deposited into the County's General Fund.
G. No parolee shall be denied or removed from parole status solely because of their inability to
pay parole fees.
Rule 12 - Revocation of Parole
A. 1f there is probable cause to believe that a parolee has violated any term or condition of
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Parole,the Board,Parole Officer or sworn agent of the Board may,without notice,order the
Parole suspended and issue a warrant. Such warrant shall be reviewed for content by CAF
Sergeant and/or Lieutenant.
B. A parolee is entitled to, a preliminary fact-finding review to determine whether there is
sufficient cause to believe that he/she violated a term or condition of Parole. The review of
the Incident Report(s)shall be held within five(5)days(excluding holidays and weekends)
of arrest and is mandatory unless the charges of violation are uncontested or waived by the
parolee in writing. This time limitation shall commence on the date that Parole staff is aware
of the parolee's arrest.
C. The fact-finding review may be conducted by a member of the Board, a temporary
commissioner, the CAF Sergeant, Lieutenant or other agent of the Board. However, the
review officer may not be the person who developed the information leading up to the arrest
of the parolee or the person who signed the arrest warrant.
D. At the fact-finding review, the parolee is entitled to written notice of the alleged violation.
E. If the hearing officer finds that there is insufficient cause to believe that a term or condition
of Parole was violated, the hearing officer shall issue a written order that the parolee is
reinstated on Parole effective immediately and that all County Parole holds are released.
This order shall be delivered to the detention facility in which the parolee is confined within
48 hours, excluding holidays and weekends. (ANNEX D)
F. If the hearing officer finds that there is sufficient cause to believe that a term or condition of
Parole was violated,the hearing officer may,based upon the nature and circumstances of the
violation: (ANNEX D)
1. Order that parolee be placed in,or to remain in custody pending a hearing before the
Board; or
2. Order that parolee be released, or to remain free on Parole pending a review/hearing
by the Board; or
3. Order that parolee be released, or to remain free on Parole with no further action if
the violation has been satisfactorily resolved without need of Board action.
G. Revocation hearings shall be held before the Board at the next regularly scheduled meeting
unless the hearing is waived by the parolee in writing. {ANNEX E)
H. The Board may continue the revocation hearing for good cause based upon a motion of the
Parole Officer, agent of the Board or the parolee.
1. In order to revoke Parole, it must be shown by a preponderance of the evidence that the
parolee has violated at least one term or condition of his/her Parole.
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J. At the revocation hearing, the parolee is entitled to:
1. Written notice of the alleged violation;
2. The opportunity to review the written charges that will be offered;(ANNEX A&B)
3. The opportunity to appear personally;
4. The opportunity to present testimony and documentary evidence; and
5. The right to be represented by counsel upon written request.
K. The parolee may be represented by an attorney only if he/she shows that:
1. The parolee is incapable of effectively speaking for himself/herself,
2. The parolee has a (plausible) defense for which he/she needs the assistance of an
attorney to present. (ANNEX F)
L. If the Board determines that Parole should not be revoked,the Board shall,if necessary,issue
a written order rescinding the hearing officer's commitment order and reinstating Parole
under the original or modified terms and conditions. This order shall be delivered to the
detention facility in which the parolee is confined within 48 hours, excluding holidays and
weekends.
M. If the Board determines that Parole should be revoked, the Board shall issue:
1. Findings of fact and a written order that the parolee be committed to, or remain in,
the custody of the Sheriff to serve the remainder of his/her sentence. (ANNEX G)
N. When it has come to the attention of the Board, the Parole Officer, or any agents of the
Board, that a parolee is or may be:
I. A danger to himself/herself, or
2. A danger to any other person, or
3. Is likely to abscond from parole supervision,
every reasonable effort shall be made to return the parolee to custody as soon as possible.
Rule 13 - Reciprocal Inter-County Transfers and Supervision
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A. Under the provisions of State law and by order of the County Board of Supervisors,Contra
Costa may enter into reciprocal agreements for the transfer of County parolees to or from
another county in which a written agreement has been signed by the respective County
Parole Administrators. {PC 1208.51
B. Parolees from another county requesting transfer to the Contra Costa County Parole Program
must be County residents and meet the general criteria imposed upon Contra Costa County
inmates who apply for County Parole.
C. Each county shall reserve the right to approve or deny any applicant's request for transfer.
SECTION II. STATUTORY AUTHORITY
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ARTICLE 3.5 COUNTY BOARD OF PAROLE COMMISSIONERS
3074PC: LEGISLATIVE FINDING AND DECLARATION
"The Legislature finds and declares that the period immediately following incarceration is critical
to successful reintegration of the'offender into society and to positive citizenship. It is in the interest
of public safety for a county to provide for the supervision of parolees and to provide educational,
vocation, family and personal counseling necessary to assist parolees in the transition between
imprisonment and discharge."
3075PC: MEMBERSHIP
"There is in each county aboard ofparole commissioners,consisting of the following:(1)the sheriff
or, in a county with a department of corrections,the director of such department, (2)the probation
officer,and(3)a member not a public official to be selected from the public by the presiding judge,
if any,or, if none,by the senior judge in point of service, of the superior court. The public member
of the county board of parole commissioners shall be entitled to his actual traveling and other
necessary expenses incurred in the discharge of his duties. In addition,the public member shall be
entitled to per diem at such rate as may be provided by the board of supervisors. The public member
shall hold office for a term of one year and in no event for a period exceeding three consecutive
years. The term shall commence on the date of appointment.
3075.3PC: ALTERNATE PUBLIC MEMBERSHIP
"There is in Contra Costa County a board of parole commissioners consisting of the following: (1)
The sheriff, or in a county with a department of corrections,the director of the department; (2)The
probation officer; and (3) A member, not a public official, to be selected from the public by the
presiding judge, if any, or, if none,by the senior judge in point of service of the superior court. The
public member of the county board of parole commissioners or his or her alternate shall be entitled
to actual traveling and other necessary expenses incurred in the discharge of their duties. In addition,
the public member or his or her alternate shall be entitled to per diem at such rate as may be provided
by the board of supervisors. The public member or his or her alternate shall hold office for a term
of one year and in no event for a period exceeding three consecutive years. The term shall
commence on the date of appointment.
3076PC: MEETINGS, RULES AND REGULATIONS
(a) "The Board may make,establish and enforce rules and regulations adopted under this article.
(b) The Board shall act at regularly called meetings at which two-thirds of the members are
present, and shall make and establish rules and regulations in writing stating the reasons
therefore under which any prisoner who is confined in or committed to any county j ail,work
furlough facility, industrial farm,or industrial road camp,or in any camp under a judgement
of imprisonment or as a condition of probation for any criminal offense,unless the court at
the time of committing has ordered that such prisoner confined as a condition of probation
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upon conviction of felony not be granted parole,may be allowed to go upon parole outside
of such jail,work furlough facility,industrial farm, or industrial road camp,but to remain,
while on parole,in the legal custody and under the control of the board establishing the rules
and regulations for his parole, and subject at any time to be taken back within the enclosure
of any such jail, work furlough facility, industrial farm, or industrial road camp.
(c) The Board shall provide a complete copy of its written rules and regulations and reasons
therefore and any amendments thereto to each of the judges of the county's Superior Courts.
(d) The Board shall provide to the persons in charge of the county's correctional facilities a copy
of the sections of its written rules and regulations and any amendments thereto which govern
eligibility for parole,and the name and telephone number of the person or agency to contact
for additional information. Such rules and regulations governing eligibility either shall be
maintained within each county correctional facility so that all prisoners have access to a
copy.
3077PC: JURISDICTION TO GRANT PAROLE
"Whenever a prisoner is sentenced in one county and incarcerated in another county,only the county
in which he was sentenced shall have jurisdiction to grant parole."
3078PC: NOTICE OF APPLICATION; RECOMMENDATION
(a) "The Board shall notify the sentencing judge of an inmate's application for parole.
(b) The sentencing judge may make a recommendation regarding such application, and the
Board shall give careful consideration to such recommendation."
3079PC: VOTE ON GRANT OR DENIAL; APPEARANCE OF APPLICANT
(a) "No application for parole shall be granted or denied except by a vote of the Board at a
meeting at which a quorum of its members are present. This paragraph shall not be applied
to the denial of applicants who are ineligible by order of the superior court,or to the granting
of parole in emergency situations.
(b) An applicant shall be permitted to appear and speak on his behalf at the meeting at which his
application is considered by the Board."
308OPC: DEPARTURE F ROM COUNTY; TREATMENT AS ESCAPE
"If any paroled prisoner leaves the county in which he is imprisoned without permission from the
Board granting his parole,he shall be arrested as an escaped prisoner and held as such."
3081 PC: RETAKING PAROLED PRISONERS; DURATION AND CONDITIONS OF
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PAROLE; VIOLATION; ORDER AS WARRANT, COMPUTATION OF
UNSERVED SENTENCE
(a) "Each County Board may retake and imprison any prisoner upon parole granted under the
provisions of this article.
(b) Each County Board may release any prisoner on parole for a term not to exceed two years
upon such conditions and under such rules and regulations as may seem fit and proper for
his or her rehabilitation, and should the prisoner so paroled violate any of the conditions of
his or her parole or any of the rules and regulations governing his/her parole,he shall,upon
order of the parole commission,be returned to the jail from which he/she was paroled and
be confined therein for the unserved portion of his sentence.
(c) The written order of each County Board shall be sufficient warrant for all officers named
therein to authorize them, or any of them, to return to actual custody any conditionally
released or paroled prisoner. All chiefs of police,marshals of cities,sheriffs,constables,and
all other police and peace officers of this state shall execute any such order in like manner
as ordinary criminal process.
(d) In computing the unserved sentence of person returned to jail because of the revocation of
his parole,no credit shall be granted for the time between his release from jail on parole and
his return to jail because of the revocation of his parole."
3082PC: ALIENS, UNCONDITIONAL RELEASE TO RETURN TO NATIVE LAND
"Each county board may make and establish written rules and regulations for the unconditional
release of, and may unconditionally release, any prisoner who is an alien and who voluntarily
consents to return or to be returned to his native land and who actually returns or is returned thereto.
The necessary expenses of the transportation of such alien prisoner and officers or attendants in
charge of such prisoner may be paid by the county upon order of the Board of Supervisors
authorizing or ratifying the return of the prisoner at the expense of the county."
3083PC: ALIENS, POWERS OF TEMPORARY COMMISSIONERS
"Whenever the Board designates deputies to serve as temporary commissioners in considering
applications for parole of prisoners, such temporary commissioners or deputies may also exercise
all powers granted by this article relative the unconditional release of alien prisoners."
3084PC: PAROLE VIOLATORS;RELEASE TO DEPARTMENT OF CORRECTIONS
"Each County Board may release to the State Department of Corrections for return to a state prison
or correctional institution any county or city jail inmate who is a state parole violator,when notified
by the Board of Prison Terms."
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3085PC: DEPUTIES; SERVICE AS TEMPORARY COMMISSIONERS
"The members of the Board may for the purpose of considering applications for parole of prisoners
from city and county jail, or industrial farms,or work furlough facilities, or industrial road camps,
designate deputies of their respective offices to serve for them as temporary commissioners when
they are unable to serve."
3085.1PC: ALTERNATIVE PUBLIC MEMBER
"The presiding judge, if any, or if none,the senior judge in point of service, of the Superior Court
in Contra Costa County may appoint an alternative for the public member who shall serve in the
absence of the public member."
3086PC: ADMISSION OF GUILT PROHIBITION AGAINST REQUIREMENT WHEN
SETTING TERMS OR DISCHARGE DATES
"Each County Board shall not require,when setting terms or discharge dates, an admission of guilt
to any crime for which an inmate was committed."
3087PC:; SUPERVISION REQUIREMENT
"No prisoner who is released on parole shall be paroled without supervision."
3088PC: SUPERVISION BY PAROLE OFFICER
"A prisoner who is released on parole shall be supervised by a parole officer of the County Board
of Parole Commissioners."
3089PC: COUNTY PAROLE OFFICERS; RIGHTS AND DUTIES
(a) A county parole officer who is not a peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, is a public officer who works at the direction of the
County Board of Parole commissioners as provided for in Section 3075, and is responsible
for supervising prisoners released on parole by the board.
(b) A county parole officer who is a public officer, as defined in subdivision (a), shall have no
right to carry or possess firearms in the performance of his or her prescribed duties.
(c) A county parole officer, as defined in subdivision (a) shall comply with the standards for
selection and training established by the Board of Commissioners pursuant to Section 6035.
RELATED PENAL CODE SECTIONS
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1208.2. AUTHORITY TO RECOVER PROGRAM FEES
(a) (1) This section shall apply to individuals authorized to participate in a work furlough
program pursuant to section 1208,or to individuals authorized to participate in an electronic
home detention program pursuant to Section 1208.1, or to individuals authorized to
participate in a county parole program pursuant to Article 3.5 (commencing with Section
3074) of Chapter 8 of Title I of Part 3.
(2) As used in this section, as appropriate, "administrator" means the Work Furlough
administrator, county corrections administrator, county electronic home detention
administrator, County Board of Parole commissioners, or county parole administrator.
(b) A Board of Supervisors which implements programs identified in Paragraph 1 of Subdivision
A may describe a program administrative fee and an application fee, that together do not
exceed the pro rata cost of the program to which the prisoner is accepted, including both
equipment and supervision costs.
(c) The administrator or his or her designee shall not have access to the prisoner's financial data
prior to rendering a decision.
(d) The administrator, or his or her designee, shall not consider a prisoner's ability or inability
to pay all or a portion of the program fee for the purposes of granting or denying
participation in any of the programs.
(e) For purposes of this section, "ability to pay" means the overall capability of the person to
reimburse the costs,or a portion of the costs,or providing supervision and shall include,but
shall not be limited to, consideration of all of the following factors:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event shall the administrator, or
his or her designee, consider a period of more than six months from the date of acceptance
into the program for purposes of determining reasonably discernible future financial position.
(3) Likelihood that the prisoner shall be able to obtain employment within the six-month
period from the date of acceptance into the program.
(4) Any other factor that may bear upon the prisoner's financial capability to reimburse the
county for the fees fixed pursuant to Subdivision B.
(f) The administrator, or his or her designee, may charge a prisoner the fee set by the Board of
Supervisors or any portion of the fee based on the prisoner's ability to pay and may
determine the method and frequency of payment. The administrator,or his or her designee,
shall have the option to waive the fees for program supervision when deemed necessary,
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justified, or in the interests of justice. The fees charged for program supervision may be
modified or waived at any time based on the changing financial position of the prisoner. All
fees paid by prisoners for program supervision shall be deposited into the general fund of the
county.
(g) No person/prisoner shall be denied consideration for, or be removed from,participation in
any of the programs to which this section applies because of an inability to apply all or a
portion of the program supervision fees. At any time during a prisoner's sentence, the
prisoner may request that the administrator, or his or her designee, modify or suspend the
payment of fees on the grounds of a change in circumstances with regard to the prisoner's
ability to pay.
(h) If the person/prisoner and the administrator,or his or her designee,are unable to come to an
agreement regarding the prisoner's ability to pay, or the amount which is to be paid,or the
method and frequency with which payment is to be made, the administrator, or his or her
designee, shall advise the appropriate court of the fact that the prisoner and administrator,
or his or her designee,have not been able to reach agreement and the court shall then resolve
the disagreement by determining the prisoner's ability to pay,the amount which is to be paid,
and the method and frequency with which payment is to be made.
(i) At the time a person/prisoner is approved for any of the programs to which this section
applies,the administrator, or his or her designee,shall furnish the person/prisoner a written
statement of the person's rights in regard to the program for which the prisoner has been
approved, including, but not limited to, both of the following:
(1) The fact that the person/prisoner cannot be denied consideration for or removed from
participation in the program because of an inability to pay.
(2) The fact that if the person/prisoner is unable to reach agreement with the
administrator, or his or her designee, regarding the person's ability to pay, the
amount which is to be paid, or the manner and frequency with which payment is to
be made, that the matter shall be referred to the court to resolve the differences.
1208.3 VERIFICATION TO INSURE PROTECTION OF PRISONER'S
EMPLOYMENT RIGHTS.
The administrator is not prohibited by Subdivision C of Section 1208.2 from verifying any of the
following:
(a) That the prisoner is receiving wages at a rate of pay not less than the prevailing minimum
wage requirement as provided for in Subdivision C of Section 1208.
(b) That the prisoner is working a specified minimum number of required hours.
(c) That the prisoner is covered under an appropriate or suitable worker's compensation
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insurance plan as may otherwise be required by law.
The purpose of the verification shall be solely to insure that the prisoner's employment rights are
being protected, that the prisoner is not being taken advantage of, that the job is suitable for the
prisoner, and that the prisoner is making every reasonable effort to make a productive contribution
to the community.
1208.5 INTER-COUNTY TRANSFER AUTHORITY
The Boards of Supervisors of two or more counties having work furlough programs established
pursuant to Section 1208.1, or county parole programs established pursuant to Article 3.5
(commencing with Section 3074) of Chapter 8 of Title 1 of Part 3, may enter into agreements
whereby a person sentenced to, or imprisoned in the jail of one county, but regularly residing in
another county,or regularly employed in another county,may be transferred from the custody of the
sheriff, administrator, as defined in Paragraph 2 of Subdivision A of Section 1208.2, or their
designees of the county in which he or she is confined to the custody of the appropriate administrator
of the county in which he or she resides or is employed in order that he or she may be enabled to
continue in his or her regular employment or education in the other county through that county's
work furlough program,home detention program,or county parole program. These agreements may
make provision for the support of transferred persons by the county from which they are transferred.
The board of supervisors of any county may,by ordinance,delegate the authority to enter into these
agreements to the work furlough administrator,corrections administrator, county home detention
program administrator , County Board of Parole Commissioners, county parole administrator, or
their designees.
This section amended by Stats 1994 c - 770 (AB 152) 5, Operative January 1, 1999.
2900.5 MANDATORY JAIL TIME
(a) In all felony and misdemeanor convictions,either by plea or by verdict,when the defendant
has been in custody, including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital, prison,juvenile detention
facility, similar residential institution,or home detention program,all days of custody of the
defendant, including days served as a condition of probation in compliance with a court
order, and including days credited to the period of confinement pursuant to Section 4019,
shall be credited upon his or her term of imprisonment,or credited to any fine which may be
imposed, at the rate of not less than thirty dollars ($30)per day, or more, in the discretion of
the court imposing the sentence. If the total number of days in custody exceeds the number
of days of the term of imprisonment to be imposed,the entire term of imprisonment shall be
deemed to have been served. In any case, where the court has imposed both a prison or jail
term of imprisonment and a fine, any days to be credited to the defendant shall first be
applied to the term of imprisonment imposed and thereafter the remaining days, if any,shall
be applied to the fine or a proportional basis, including but not limited to, case fines and
restitution fines.
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(b) For the purposes of this section,credit shall be given only where the custody to be credited
is attributable to proceedings related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of custody attributable to
multiple offenses for which a consecutive sentence is imposed.
(c) For the purposes of this section, "term of imprisonment" includes any period of
imprisonment imposed as a condition of probation or otherwise ordered by a court in
imposing or suspending the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release on parole and any
period of imprisonment and parole prior to discharge,whether established or fixed by statute
by any court or by any duly authorized administrative agency.
(d) It shall be the duty of the court imposing the sentence to determine the date or dates of any
admission to and release from custody prior to sentencing and the total number of days to
be credited pursuant to this section. The total number of days to be credited shall be
contained in the abstract of judgment provided for in Section 1213.
(e) It shall be the duty of any agency to which a person is committed to apply the credit provided
for in this section for the period between the date of sentencing and the date the person is
delivered to the agency.
(f) If a defendant serves time in a camp, work furlough facility, halfway house, rehabilitation
facility, hospital,juvenile detention facility, similar residential facility, or home detention
program in lieu of imprisonment in county jail, and the statute under which the defendant is
sentenced requires a mandatory minimum period of time in jail, the time spent in these
facilities or programs shall qualify as mandatory time in jail.
This section shall become operative January 1, 1999.
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SECTION III. ANNEX
1. Appointment of Parole Officer/Secretary
2. Program Application
3. Program Information Booklet
4, Application Status Change
5. Report to the Board (pages 1 and 2)
6. Fetter of Denial
7. Order of Release
8. Agreement/Condition of Parole.
9. Maximum Supervision Conditions, attachment
10. Interagency Parole Notification
11. Court notification(pages 1 and 2)
12. Parole Adjustment Summary
13. Parole Consideration hearing Format
14. Fee Agreement/Participant Rights
15. Parole Process-Flow Chart
VIOLATION
A. Charge Sheet
B. Recommendation Review Decision Sheet
C. Order Suspending Parole
D. Report of Preliminary Hearing
E. Notice of Revocation Hearing
F. Request for Counsel/Waiver
G. Order of Revocation
H. Warrant of Arrest
1. Parole Revocation Hearing Format
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