Helping Crime Victims
This site will provide you with valuable information if you were the victim of, or witness to, a crime and the offender was sentenced to the California Department of Corrections and Rehabilitation (CDCR).
WHAT ARE YOUR RIGHTS AS A VICTIM?
Notification of release
Victim Input into Special Conditions of Parole
Notification of Board of Parole Hearings
Restitution
California's Sentencing Laws
What Happens After Sentencing?
What Happens to the Inmate while in the
Department of Corrections and Rehabilitation?
What is Parole?
How does a parolee get off parole?
WHAT ARE YOUR RIGHTS AS A VICTIM?
California Law (Penal Code Section 679.02) establishes the statutory rights
of victims and witnesses of crime
The victim of crime, victim's next of kin, witness, or concerned citizen may request to be notified of the death, release, placement in a re-entry facility, or escape of their offender(s). Requests MUST be made in writing by completing and submitting a CDCR Form 1707 (Rev. 04/08), Request for Victim Services or sending a letter to CDCR’s Office of Victim & Survivor Rights & Services. If you move, you MUST notify CDCR of your new address. Note: Information about victims, victim's next of kin, witnesses or concerned citizens is kept confidential and will not be made available to the inmate unless consent is given by the individual requesting notification. For additional information please contact the Office of Victim & Survivor Rights & Services toll free at 1-877-256-OVSS (6877).
California Law (Penal Code Section 3058.8); (Penal Code Section 646.92); (Penal Code Section 679.03); (Penal Code Section 11155)
VICTIM INPUT INTO SPECIAL CONDITIONS OF PAROLE
You may request input into the following special conditions of parole:
- You may request that the parolee be required to live in another county or in another city within the committing county if you are clearly threatened; or , if the inmate was convicted of a specific violent felony, you may request parole placement 35 miles from your actual residence.
- Restrictions may be placed on contact with you. Parolee contact with a victim without prior approval from the parole agent may be justification for revocation and return to custody.
- Restrictions may be placed on where parolees work. For example, embezzlers may be prohibited from contact with money or checking accounts. Parolees who were sentenced on child abuse/molest cases may be restricted from contact with children.
If you are interested in requesting special conditions of parole, complete and submit a CDCR Form 1707 (Rev. 04/08), Request for Victim Services. Please note that requests made for special conditions of parole will be considered by the CDCR Division of Parole Operations prior to the time of the inmate’s release. For additional information, please contact the Office of Victim & Survivor Rights & Services toll free at 1-877-256-OVSS (6877).
California Law (Penal Code Section 3003); (Penal Code Section 12022.7); (Penal Code Section 12022.9)
VICTIM NOTIFICATION OF BPH HEARING
When requested, the Board of Parole Hearings (BPH) will notify the victim/next of kin/immediate family member of the parole consideration hearing conducted for life prisoners.
Requests MUST be made in writing or by calling the Victim Assistance Coordinator at the BPH. If you move you MUST notify the BPH of your new address.
Upon receipt of the request, the BPH will send you a Declaration form to complete and return stating that you are a victim/next of kin/immediate family member of the victim. Once the declaration is returned, your request will be kept on file and you will be notified in writing once the inmate is scheduled for a parole consideration hearing.
A victim may request through the BPH to appear before the Board hearing panel and make a statement. If you cannot attend the hearing, but would like to make a statement, legal counsel may attend the hearing for you or you may submit a written statement, audiocassette, or videocassette tape recording to the BPH. Further information may be obtained by contacting the BPH.
Request Notification of Board of Parole Hearings
California Law (Penal Code Section 3043)
There are two types of restitution that a defendant can be ordered to pay by the sentencing court:
California Law (Penal Code Section 1202.4); (Penal Code Section 1202.45)
Restitution fines are paid to the Victim Compensation and Government Claims Board (VCGCB), Victims Restitution Fund. The VCGCB, Victims of Crime Program is the state agency responsible for administering the Victims Restitution Fund. The restitution fund is for victims of violent crimes who suffer out-of-pocket losses and who may be eligible to apply for financial reimbursement. The fund reimburses eligible victims for lost wages or support, medical or psychological counseling expenses and other related costs. For further information, please contact the VCGCB 1-800-777-9229.
While incarcerated, inmates with court ordered restitution fines have a specified percentage deducted from their wages and other trust account deposits for these fines.
California Law (Penal Code Section 2085.5); (Penal Code Section 11177.2)
A defendant may also be ordered to pay restitution to the victim. This type of restitution is referred to as a direct order. CDCR automatically deducts a specified percentage from the wages and other trust account deposits of incarcerated offenders with direct orders. It is important that a victim with a direct order notify the Office of Victim and Survivor Rights and Services of their address so that money collected on their behalf can be sent to them.
California Law (Penal Code Section 2085.5)
WHAT HAPPENS TO SOMEONE ONCE CONVICTED OF A CRIME?
Most offenders are sentenced to California state prison for a set amount of time under the Determinate Sentencing Law (DSL). Once this time is served, the inmate is released and placed under parole supervision in the community.
Those offenders convicted of the most serious crimes such as murder, attempted murder, and kidnapping for ransom are sentenced to indeterminate (indefinite) terms of life with the possibility of parole.
Offenders sentenced to a life term with the possibility of parole cannot be released on parole until the BPH determines that they are ready to be returned to society.
WHAT HAPPENS AFTER SENTENCING?
Once sentenced to CDCR, the inmate is sent to a reception center for processing and transfer to an institution. Processing includes computing a classification score based on such factors as length of sentence, stability, education, employment, and behavior during a prior incarceration.
The classification score determines the type of facility in which the inmate will be housed. This score may change over time based on individual behavior and specific case factors. Because of this change, an inmate may be transferred to a different institution.
Note: CDCR does not notify victims when a transfer takes place.
WHAT HAPPENS TO THE INMATE WHILE IN THE DEPARTMENT OF CORRECTIONS AND REHABILITATION?
Once assigned to a prison, the inmate is assigned to a work program. All able-bodied inmates are required to work. Participation in this program may reduce the length of his/her incarceration.
Education and vocational programs are available to inmates. An inmate may obtain a GED or a certificate of completion. These programs also qualify an inmate for work time credits and continued participation is dependent on the offender’s good behavior.
When an inmate has completed his/her sentence, he/she is released to parole supervision.
Currently the law requires that parolees be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. An inmate may be returned to another county if that would be in the best interests of the public. Such decisions are made on an individual basis and are reviewed carefully.
Once on parole, all parolees are assigned a parole agent. Parole offices are located throughout California. All parolees are required to follow conditions of parole. Some offenders are also required to follow special conditions such as no contact with the victim and/or his/her family; and/or not to reside within 35 miles of the victim’s actual residence if the crime was a violent felony. Such requests must be made in writing and will be considered by the Parole Division prior to the inmate’s release.
HOW DOES A PAROLEE GET OFF PAROLE?
Inmates sentenced under the DSL serve up to a maximum of four years on parole. After being on parole for 12 months, parole staff review the case. Based on the behavior of the parolee, the parole agent may recommend release from parole supervision.
All life sentences, except life without possibility of parole, have a minimum eligible parole date. Parole is not automatic for inmates with life terms, and the BPH determines if and when the offender is ready for parole.
If paroled, the inmates with life terms who committed their crimes prior to November 11, 1978 must complete three years in a row of successful parole before the BPH will review their case for discharge. By law, these inmates with life terms serve no more than five years on parole. Those who committed their crime after November 11, 1978 will remain on parole for life unless the BPH grants a discharge after five years for second degree murder and seven years for first degree murder.
Parole may be revoked if a parolee is found to be in violation of the conditions of parole or if a new crime is committed. The parole agent can recommend that the offender be returned to custody. A revocation hearing will be conducted by the parole hearing authority to determine if a violation has occurred, whether the violator will be returned to custody, and if so, for how long. Violators can be returned to custody for up to 12 months at a time.