Section 3753 - Review of a Parole Hold(a) As soon as possible, but no later than close of the next business day, upon discovery of a known violation of parole and the placement of a parole hold, the parole agent shall conduct a case conference with the parole unit supervisor to present the facts and circumstances of the supervised person behavior to determine whether there is probable cause to retain the parole hold.(b) A parole unit supervisor or the parole administrator may order the removal of a parole hold upon review as described in subsection 3753(a).(c) Once removed, a parole hold shall not be reinstated unless new information is received which may indicate that the supervised person's behavior falls within the criteria set forth in Section 3751. If the parole hold is reinstated, the supervised person shall be issued the reasons in writing as provided in Section 3754.(d) If upon review, it is determined that the county of arrest has no jurisdiction to pursue a revocation, the parole hold shall be removed and the supervised person shall be ordered to return to their county of supervision and the jurisdiction of the county superior court (court). Upon the supervised person's return to the county of supervision, the parole agent shall submit a petition for revocation to the court to adjudicate the parole violation(s).(e) A parole hold placed by DAPO shall be removed if new felony or misdemeanor charges are filed before the petition for revocation is filed against a supervised person for the same conduct in which the parole hold was placed. A petition for revocation shall not be filed in this situation.Cal. Code Regs. Tit. 15, § 3753
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal 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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.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. New subsection (e) filed 7-12-2017; operative 10/1/2017 (Register 2017, No. 28).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).