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Realignment 101, Part 5: Parolees in Custody as of October 1

Posted by attorney John Kaman

The new law creates some equal protection issues with regard to those already sentenced and those sentenced after October 1, 2011. Existing parolees may find themselves in such a situation.

Let's suppose that you are on CDC parole and in county custody pending a hearing on violation of that parole after October 1, 2011. What happens?

There are several transitional rules.

If the parolee would have been on postrelease community supervision after October 1 but for the date of his sentencing then with the consent of the supervising authority that person may be discharged from parole after 6 months without a new offense.

Parolees held in county jail after October 1, 2011 for a violation may be returned to state prison but upon completion of the revocation term that person shall be placed on post release community supervision.

Complicated? You bet. Make sure your attorney knows the new rules well in advance of the law's operative date.

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