What is the maximum time someone can do on a parole violation currently? And will that parolee do the time in jail or prison?

Asked almost 3 years ago - Los Angeles, CA

My bf has a parole hold and they want to violate him for not reporting

Additional information

he just got out of prison this past December.

Attorney answers (4)

  1. Andrew Blair Leventhal

    Contributor Level 8

    1

    Lawyer agrees

    Answered . What happens in practice and what is reflect in the penal code is in conflict from my experience. The rule is that a parolee can do a year max on a parole violation concurrent as a matter of law to any other sentence; can be served in any penal institution usually.

    Now, PC 3000.08(g) has changed things a bit in practice and legally will do so effective July 1, 2013. PC 3000.08(g) [as part of the realignment scheme, the core of which is found in PC 1170(h)] tells us that parolees can do 180 days in county jail MAX on a parole violation. With the new conduct credit law, this would mean your bf can do max 90 actual days [180 at half]. In practice, parole has been adhering to PC 3000.08(g) with my criminal case clients on parole [with parole holds], but legally this new beauty statute does not apply to your boyfriend because he in theory would get the benefit of 90 actual max if he was released from prison on or after July 1, 2013. So he legally should still be subject to one year concurrent max. But, don't be surprised if he is violated and the boar wants to max him out, that he gets 180 at half in county. So, this is just my opinion and what I have noticed in practice even though the new law expressly states that it is not triggered until 7-1-13.

    So, your bf will be ok; LASD likes to kick people out much sooner than 90 actual on a 180 [or 1 year at worst] day admin punishment. If he goes back to prison, then we may not get the early county release overcrowding benefits. I expect him, if violated, to do local time 90 actual max, is my best guess based on my experience with these new legal changes and applications in practice.

  2. Chris J Feasel

    Contributor Level 17

    Answered . Depends on what his charge is. The maximum is whatever the upper term is for the sentence plus special allegations (if any) that he is currently on parole for. Without specifics, no one can say.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated... more
  3. Harry Edward Hudson Jr

    Contributor Level 20

    Answered . As the other answers tend to indicate, sentencng in California, including parole violations is in some degree of change. There are a number of potential possibilities. Some may or may not be available at this minute. If the only problem is a failure to report and no new crimes, I think BPT will decide on an offer and he coul get days to a year., at least under the old system and assuming the new one does not pertain to him. At this point, you might get your best answer from his PO.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. Laura Rose Sheppard

    Contributor Level 5

    Answered . Under the new "realignment" law which began in October 2011 the answer is:

    If his crime was "serious," "violent," or if he is a registered sex offender, then the parole violation will be served in prison. If not, then it will be served in county jail.

    The maximum for a parole violation if served in prison is 1 year.
    The new maximum for county jail parole violators is 180 days.

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