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Non‑Revocable Parole Frequently Asked Questions (FAQ) Sheet

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Non-Revocable ParoleFrequently Asked Questions (FAQ) Sheet

PDF version of FAQs in English / PDF version of FAQs in Spanish

 

Question: What is Non-Revocable Parole?

Answer: Non-Revocable Parole is a non-supervised version of parole where you do not report to a Parole Agent.

Question: What requires that inmates and parolees to be placed onto Non-Revocable Parole?

Answer: On October 11, 2009, Section 3000.03 of the California Penal Code was enacted pursuant to Section 48 of Senate Bill X3 18.  This law goes into effect on January 25, 2010 and requires the placement of parolees onto Non-Revocable parole.

Question: Is everyone eligible to be on Non-Revocable Parole?

Answer: No, this program is limited only to offenders meeting the following criteria:

  1. The person is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1.) (b) The person was not committed to prison for a serious felony as defined in Sections 1192.7 and 1192.8, or a violent felony, as defined in Section 667.5, and does not have a prior conviction for a serious felony, as defined in Section 1192.7 and 1192.8, or a violent felony, as defined in Section 667.5.(c) The person was not committed to prison for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code and does not have a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.(d) The person was not found guilty of a designated serious disciplinary offense, as defined in regulation by the department, during his or her current term of imprisonment. This includes, but is not limited to, murder, battery causing serious injury, arson, extortion, escape, inciting a riot, etc.
  2. (e) The person is not a validated prison gang member or associate, as defined in regulation by the department. (f) The person did not refuse to sign any written notification of parole requirements or conditions, including, but not limited to, the written notification of requirements pursuant to Section 3067.(g) The person was evaluated by the department using a validated risk assessment tool and was not determined to pose a high risk to reoffend.

Question: Are there any requirements if I am placed onto Non-Revocable Parole?

Answer: As a condition of Non-Revocable Parole you are subject to being searched by any law enforcement officer at any time.

Question: How long am I on Non-Revocable Parole?

Answer: Unless the Board of Parole Hearings has indicated that you have a requirement to complete a Batterer’s Program pursuant to Penal Code Section 3053.2, you will discharge within 30 days of having been on parole for one year pursuant to the provisions contained within Penal Code Section 3001.

Question: I see that the Board of Parole Hearings has indicated that I have to complete a Batterer’s Program, how does this affect me on

Non-Revocable Parole?

Answer: If you have a requirement to complete a Batterer’s Program per Penal Code Section 3053.2, you will not discharge after thirteen months of being on parole unless you have submitted a copy of the certificate showing you have completed the Batterer’s Program to:

   Division of Adult Parole Operations, Headquarters
   P.O. Box 942883
   Sacramento, CA  94283

Even though you may submit a copy of your Batterer’s Program certificate, the Board of Parole Hearings has the right to retain you on Non-Revocable Parole for good cause. 

Question: I was not able to complete the Batterer’s Program, am I still on

Non-Revocable Parole?

Answer: Yes, you will be retained on Non-Revocable Parole until either your controlling discharge date or your submission of a copy of the certificate showing you have completed the Batterer’s Program.  Once we have received a copy of your certificate, your case will be reviewed for discharge at the next annual review.

Question: Do I still have to complete any registrations with local law enforcement?

Answer: Being on Non-Revocable Parole does not relieve you of any registration requirements. You must still complete any required registration with local law enforcement.

Question: Can I still be arrested while on Non-Revocable Parole?

Answer: Parolees on Non-Revocable Parole are still subject to arrest by law enforcement for crimes committed in the community. However, they cannot have a parole hold placed on them and cannot have their parole revoked.

Question: When do I find out if I am being placed on Non-Revocable Parole?

Answer: The Department of Corrections and Rehabilitation is currently screening inmates paroling between April 1, 2010 and July 31, 2010 for placement onto Non-Revocable Parole.  Inmates paroling prior to April 1, 2010 will be screened after being placed onto parole.  The screening for placing parolees onto Non-Revocable Parole will begin on January 25, 2010 and will take approximately four months to complete.

Question: Do I still have to tell law enforcement officers that I am on parole?

Answer: Yes, you must still inform law enforcement officers that you are on
Non-Revocable Parole since you are still subject to being searched.

Question: Will I receive a discharge card if I am on Non-Revocable Parole?

Answer: After discharging from Non-Revocable Parole, you may obtain a Discharge Certificate by sending a written request to:

CDCR RECORDS
P.O. Box 942883
Sacramento, CA 94283

Question: Do I still have to pay my victim’s restitution if I am on Non-Revocable Parole?

Answer: Yes, being on Non-Revocable Parole does not relieve you of your obligation to pay your victim’s restitution.  You can obtain your restitution balance and payment information by contacting the Office of Victim and Survivor Rights and Services at 1-877-256-6877.

Question: The paperwork states that I have to return to the county where I last held legal residence, is that true?

Answer: Yes, being placed on Non-Revocable Parole does not relieve you of this requirement pursuant to Penal Code Section 3003(a).

Question: My counselor says that I have been approved for Non-Revocable Parole, what happens next?

Answer: Once you have been approved for Non-Revocable Parole by the Board of Parole Hearings, your counselor will have you sign the Notification of Non-Revocable Parole Requirements.

Question: What happens if I refuse to sign the Notification of Non-Revocable Parole Requirements?

Answer: If you refuse to sign this form, then you will no longer be eligible for
Non-Revocable Parole and will be placed onto supervised parole.

Question: I have been approved for Non-Revocable Parole and signed all my paperwork, now what happens?

Answer: Once you have been approved for Non-Revocable Parole, you will be released onto non-supervised parole unless you receive a Rules Violation Report that makes ineligible for the program while still in custody. If you receive a Rules Violation Report that makes you ineligible for placement onto Non-Revocable Parole, you will be released onto supervised parole.

Question: I am paroling onto Non-Revocable Parole.  Do I still get my gate money?

Answer: Yes, you will still receive whatever gate money you would have received had you been released onto supervised parole.

Question: Can I still receive services from the parole office?

Answer: Based on need, you still may be eligible to receive services from the parole office at the discretion of the local District Administrator; however, you do not have a legal right to receive those services.

Question: Do I still need a travel pass to go beyond 50 miles or be gone for longer than 48 hours?

Answer: No, since you no longer are required to report to a parole agent, you do not need permission from a parole agent to travel.