What is the Process for Being Released on Parole?
We have received many phone calls about the timeline and process for being released on parole. This article is meant to answer such questions in a more thorough way than can be answered over the phone.
About seven months before an inmate’s Earliest Possible Release Date (EPRD), prison staff should complete a Release Program Study (RPS) and forward it to parole staff. An RPS should also be prepared 210 days before an upcoming parole suitability hearing, including youth offender parole and elderly parole hearings. The RPS will give a general summary of the inmate’s skills and needs, plans for residence and employment upon parole, needs for medical or psychiatric care, disability needs, and available resources. 15 CCR § 3502; DOM § 76010.7; DOM § 82101.4 (prior to parole suitability hearing); DOM § 81010.3; DOM § 81010.5; see also Armstrong v. Davis (N.D. Cal. Jan. 3, 2001) No. C94-2307, Remedial Plan, § IV.S (disability information).
The CDCR will also use the California Static Risk Assessment (CSRA) to determine the inmate’s risk of re-offending. The CSRA considers age, gender, the number and type of previous convictions and the number of previous parole violations to determine the risk of reoffense. 15 CCR § 3504.1; 15 CCR § 3768.1.
If the inmate has sex-related offenses, the CDCR staff will evaluate them using additional tools such as the Static-99R (for those in men’s prisons) or the Female Sex Offender Risk Assessment (FSORA) (for those in women’s prisons), followed by supplemental assessments STABLE2007/ACUTE-2007 (for those in men’s prisons) and the Level of Service/Case Management Inventory (LS/CMI) (for inmates in all California prisons). 15 CCR § 3573.
Although the RPS should be completed well in advance of an inmate’s release, it is not uncommon for CDCR staff to complete it close to the time of parole; in some cases, prison staff provide the parole office with an “oral RPS” where they call the parole office and verbally report the information.
An inmate should be given notice of their terms and conditions of parole; in most cases, this should happen at least 30 days before the earliest possible release date. Penal Code § 3000(b)(7). When given notice of the terms and conditions of parole, the inmate will be required to sign the CDCR Form 1515 Notice and Conditions of Parole.
A newly-released parolee must meet with the assigned parole agent in the parolee’s community within one to three working days following release from custody. 15 CCR § 3504(a). Parolees who are under the highest control or risk classification must report to their parole agent within 48 hours of release. Those parolees cannot be released on a Friday or the day before a legal holiday and their release dates must be adjusted accordingly. Penal Code § 3060.7(a); 15 CCR § 3504.2. Parolees required to register as sex offenders must report to the parole office within one working day of release for placement of a GPS device, unless otherwise instructed. Penal Code § 3010.10.
The parole offices are administered and supervised by the CDCR’s Division of Adult Parole Operations (DAPO) and parole agents are responsible for monitoring parolees and determining whether they are complying with all of their parole conditions. There are also four Regional Parole Offices that supervise, manage, and review the actions of the parole agents at the local offices.
The CDCR must notify local law enforcement about the release of many types of new parolees. Sometimes crime victims must be noticed as well. Penal Code §§ 3058.4-3058.9.
Upon release, any money in the parolee’s trust account must be given to them. Penal Code § 2085; Penal Code § 2713; 15 CCR § 3075.2(d); DOM § 81010.6 et seq. Typically, trust account funds are provided via a check.
In addition to any trust account funds, most parolees are entitled to receive $200 in “gate money” from the CDCR upon release to parole or PRCS. The CDCR will deduct the cost of clothing and transportation provided for the release. Penal Code § 2713.1; 15 CCR § 3075.2(d). For inmates who serve less than six months, the CDCR provides gate money at the rate of $1.10 per day up to the maximum of $200. 15 CCR § 3075.2(d). Note that a parolee released to a local jurisdiction for Sexually Violent Predator (SVP) commitment proceedings is entitled to gate money. Sabatasso v. Superior Court (2008) 167 Cal. App. 4th 791, 798-799, 84 Cal. Rptr.3 d 446 (finding contrary language in 15 CCR § 3075.2(d) to be invalid).
The Release Program Study should state how much of the $200 will be given immediately upon release. The balance of the money will be forwarded to the parole office for payment within sixty days of release. DOM § 81010.6.1. Parolees who abscond before receiving all of their gate money will forfeit the remaining money. 15 CCR § 3075.2(d).
Some people are not entitled to gate money. Those who have detainers (“holds”) and who are turned over to the custody of a local county, another state, or the federal government do not get gate money until they actually get released to California parole or PRCS supervision. Penal Code § 2713.1; 15 CCR § 3075.2(d).
Similarly, inmates who are placed in the custody of the Department of Mental Health (DMH) as Mentally Disordered Offenders (MDO’s) do not receive the $200 until they are released from DMH custody. 15 CCR § 3075.2(d).
CDCR parole staff also have the discretion to provide certain parolees with other financial assistance, at least when there are funds available. Parole agents may provide bank drafts to cover housing, food, and clothing. 15 CCR § 3605; DOM §§ 81070.1-81070.9.
Most CDCR parole assistance services are not available to parolees who are not U.S. citizens, unless they are listed as “qualified aliens” or “non-immigrant aliens” and will be on parole in the United States for more than one year. 15 CCR § 3630. An exception is that some parolees who are not U.S. citizens who have been the victim of domestic violence may be eligible for assistance programs. 15 CCR § 3630(e).
This article would not be possible without reference to the California Prison and Parole Law Handbook by the Prison Law Office in Folsom, California. We thank them for their excellent work.
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