Cal. Code Regs. tit. 15 § 2602

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

Section 2602 - Factors Considered

Examples of factors to be considered in deciding whether to place a parole hold include:

(a) The emotional or mental health of the parolee resulting in the parolee being a danger to self or others, or being unable to adequately take care of himself or herself.

(b) The presence of drug or alcohol abuse. If drug or alcohol abuse is the only factor warranting a parole hold, the parolee should be placed in jail on a parole hold only when there is no suitable alternative available, such as a hospital or detoxification center with adequate security.

(c) The seriousness of the alleged parole violation.

(d) Prior instances of assaultive behavior when the present violation relates to danger to others.

(e) Involvement in the transportation, sale, or distribution of narcotics or dangerous restricted drugs.

(f) Present threats of violence.

(g) Repeated unlawful conduct during the parolee's current parole in contrast to a "one-time" incident.

(h) Record of escapes from custody or absconding from parole, probation or bail.

(i) Nomadic geographical pattern of prior arrests.

(j) Employment history and stability.

(k) Residential pattern.

(l) Nature of family and community relationships.

(m) Necessary psychiatric treatment cannot be obtained in the community.

(n) Conduct indicating that the parolee's mental condition has deteriorated such that the parolee is likely to engage in future criminal behavior.

Cal. Code Regs. Tit. 15, § 2602

1. Amendment of subsection (a) and new subsection (m) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
2. New subsection (n) and amendment of NOTE filed 8-26-98 as an emergency; operative 8-26-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-26-98 order transmitted to OAL 11-5-98 and filed 12-21-98 (Register 98, No. 52).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code; and Terhune v. Superior Court (Whitley), 65 Cal.App.4th 864. Reference: Section 3056, Penal Code.

1. Amendment of subsection (a) and new subsection (m) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
2. New subsection (n) and amendment of Note filed 8-26-98 as an emergency; operative 8-26-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-26-98 order transmitted to OAL 11-5-98 and filed 12-21-98 (Register 98, No. 52).