Review of Persons for Discharge Parole Supervision
Overview
Parole is the period of time immediately following incarceration when a person remains under supervision in the community. This time is critical to successful reintegration into society and to positive citizenship. (Pen. Code §3000, subd. (a)(1).)
The length of a supervised person’s parole term depends upon the date of their offense(s), the type of conviction, and/or the date of their release from the prison. A person on parole can, however, request a shorter parole term. (Cal. Code Regs., tit.15, §2536.) Once on parole, a person’s discharge from parole supervision will be either under the jurisdiction of the California Department of Corrections and Rehabilitation’s Division of Adult Parole Operations (DAPO) or under the jurisdiction of the Board of Parole Hearings (Board).
In general, discharged from parole for all determinately sentenced individuals whose crime(s) were committed prior to July 1, 2013, are subject to the Board’s sole jurisdiction. The Board also has sole jurisdiction to discharge from parole all indeterminately sentenced individuals.
Supervised persons can contact their parole agent to determine if their parole supervision falls under DAPO’s jurisdiction or the Board’s jurisdiction.
Once the person’s statutory term of parole supervision is completed, the person will be discharged from parole supervision. The term “discharge” means that the person is no longer on parole. The “Controlling Discharge Date” is set by the law and is the date a supervised person will be discharged from parole supervision. The Controlling Discharge Date can move into the future if the person commits a parole violation.
Supervised Person(s) under the jurisdiction of the Board can be discharged from their parole term before the controlling discharge date.
In determining if discharge from parole supervision is appropriate, the Board shall consider the person’s adjustment in prison and on parole. The Board will also consider any other information relevant to determining whether the person should be discharged or retained under parole supervision. This process begins when the supervised person’s parole agent submits a Discharge Review Report (Form 1502) to the Board. The Discharge Review Report and relevant documents must be considered by the Board when determining whether a person be discharged from parole. The Board will issue a decision in writing concerning the possible discharge from parole.
FREQUENTLY ASKED QUESTIONS ABOUT DISCHARGE FROM PAROLE SUPERVISION:
| Who At DAPO Determines Whether or Not to Recommend a Person to the Board for Discharge from Parole Supervision? When a person is eligible for discharge review by the Board, their DAPO parole agent, must submit a Discharge Review Report (Form 1502). Any information about the person’s community adjustments should be submitted to the person’s Parole Agent so it can be included with the discharge review report and submitted to the Board. The parole agent may recommend the Board deny or grant the request to discharge parole. Parole agents must support their recommendation with facts, details, and documents. The parole agent’s completed Discharge Review Report is reviewed by the parole unit supervisor and the district administrator, who can add their own recommendations to the report. |
| When Will a Person Be Reviewed for Parole Discharge? It depends on many factors. It is important a supervised person contact their parole agent to determine if they are eligible to apply for parole discharge. Whether a person is eligible for parole discharge depends upon: • The date they were paroled, • Whether they have had a parole violation, • Whether they have been convicted of a new criminal conviction, and • What crime(s) they were convicted of. |
| If a Person’s Request for Discharge Is Denied, When Can They Get a New Discharge Review? If a supervised person’s parole agent or the Board takes no action or denies a person’s request for discharge from parole supervision, a new review will be done within one year from the date of the last decision. |
| How Can a Person Find Out if They are Eligible for Discharge from Parole Supervision by the Board? A supervised person’s parole agent can tell the supervised person if they are eligible for discharge review. |
| What Information Is Considered to Grant Discharge from Parole Supervision? The Board must consider the individual’s adjustment in prison and on parole “and other information relevant to determining whether the individual on parole should be discharged or retained under parole.” (Cal. Code Regs,. tit. 15, §2535(d).) The Board will review documents provided by DAPO, as well as information electronically available in CDCR’s computer systems. |
| What Can a Person Do to Prepare for a Discharge from Parole Supervision by the Board? A supervised person’s parole agent can talk to them about the discharge review process. They should give their parole agent any information they believe would help the Board determine they meet the criteria for discharge from parole supervision. Information that can help includes proof they are supporting themselves in their community, proof of income, proof of work, evidence of being drug or alcohol free, participation records from substance abuse recovery programs, evidence of participation or completion of programs, and evidence of a stable residence. |
| Who Should a Supervised Person Give their Documents to for Discharge from Parole Supervision? A supervised person should give their parole agent copies of the documents and information supporting their request for parole discharge by the Board. Submit this to their parole agent before the parole agent prepares and submits the Parole Discharge Report (Form 1502). It is recommended they keep the original copies for their records. |
| How Can a Supervised Person Get a Copy of Their Parole Discharge Report? A supervised person’s Discharge Review Report can be obtained after the discharge review decision is made, by contacting their parole agent. Additionally, the Board decision will be provided to them by their parole agent after the decision is final. |
| What If a Supervised Person Feels the Parole Discharge Report Contains Factual Errors or Is Missing information? The DAPO’s administrative appeal process is available if a supervised person believes the Parole Discharge Report prepared by their parole agent contains errors or is missing information. A supervised person, or their attorney, can file a CDCR Form 602 with their parole agent to start the appeal process. |
| Once a Supervised Person’s Parole Agent Has Submitted a Parole Discharge Report, How Long Will It Take to Get a Review by the Board? Once a supervised person’s parole agent has prepared the Parole Discharge Review Report, it is then submitted to DAPO’s Case Records staff to determine whether it will go to DAPO or to the Board for review. Generally, for a supervised person whose cases fall under the Board’s jurisdiction, review for discharge from parole supervision will be done within 30 days from the date the Board receives the discharge review report from DAPO’s Case Record staff. |
| What Factors Will Be Considered When Deciding Whether a Person Will be Discharged from Parole Supervision? The following case factors shall be considered for discharge review and documented by staff involved in the discharge review process: Criminogenic risk factors, such as the individual’s adjustment on parole, pro-social factors, and the need for continued services. Also included are the individual on parole’s adherence with law and parole conditions, length of time in the community after successfully completing transitional housing or other structured living program, completion of court-ordered treatment programs, attendance at parole-ordered substance abuse programs or community groups, psychological factors, employment stability, ability to support themselves, stable housing and association with pro-social individuals, time on continuous parole etc. The Board will also consider recommendations for continued treatment (including substance abuse treatment) from the individual on parole’s mental health provider or clinician, if applicable; demonstrated willingness/unwillingness to continue treatment recommendations made by the individual on parole’s mental health provider or clinician. (Cal. Code Regs., tit. 15, § 2535, subd. (d).) |
| Can a Supervised Person Appeal the Decision made by the Board? A supervisor person may request a review of a decision by the Board can review an individual on parole’s case for discharge at any time. (Cal. Code Regs., tit. 15, §§ 2042, 2536.). When the Board has not discharged the person, a written letter can be sent to the board with supporting documentation stating why the person should have been discharged from parole supervision. The written letter should be mailed to the following address: BOARD OF PAROLE HEARINGS P.O. BOX 4036 SACRAMENTO, CA 95812-4036 |
| Can a Supervised Person Appeal the Decision Made by DAPO? If the supervised person disagrees with the DAPO decision, the administrative appeal process is available if they believe the Parole Discharge Report prepared by their parole agent contains errors or is missing information. A supervised person, or their attorney, can file a CDCR Form 602 with their parole agent to start the appeal process. |
| When Does a Decision from Discharge from Parole Supervision Take Effect? If the Board acts to discharge a supervised person from the parole term, the discharge is effective on the date of the Board’s decision. |
| If a Supervised Person is Discharged, How Can they Get a Discharge Card? The Division of Adult Operations (DAPO) case records staff issue all discharge cards. When the Board discharges a supervised person’s parole term, then DAPO case records staff will issue the discharge card and send it to the supervised person’s parole unit. When the unit receives the discharge card, the unit staff will contact the supervised person by phone or by US mail and advise them the discharge card is ready to be picked up at the unit. Supervised persons can also request a discharge card directly from the parole unit, but they must wait 90 days after the Board’s discharge decision to make the request. To request discharge cards and other parole related documents please email: m_DAPO-PCR-DXcards@cdcr.ca.gov |