(a) If
the parole agent has probable cause, as described in Section
3753, to believe the supervised
person has violated conditions of parole or of the law, the parole agent may
arrest the supervised person without a warrant at any time during the period of
parole supervision and bring them before the court for final adjudication,
pursuant to Penal Code (PC) Section 1203.2.
(b) The parole hold decision must be made in
every case regardless of the type of crime or parole violation with which the
supervised person is charged or whether another criminal justice agency is
detaining the supervised person.
(c) A parole agent may impose a parole hold
when the parole agent determines that the supervised person falls within the
criteria listed in Section
3751, and upon review by the unit
supervisor, there is probable cause to believe the supervised person has
violated parole and the parole hold is appropriate.
(d) Pursuant to PC Sections 3000.08(c) and/or
3056, a parole agent may place a parole hold on a supervised person when the
supervised person has been confined in a county jail facility as the result of
a technical violation and/or a new criminal charge as a result of the violation
of the law described in subsection
3750(a), or may
arrest a supervised person and place them in a county jail facility on a parole
hold pending investigation of the alleged parole violations or new violations
of the law.
(e) When determining
whether or not to place a parole hold, the parole agent may do the following:
(1) Place the parole hold.
(2) Take any action as described in Section
3764.
Notes
Cal. Code
Regs. Tit. 15, §
3750
Note: Authority cited: Sections
3056,
5058 and
5058.3, Penal
Code. Reference: Sections
1203.2,
3000(b)(7),
3000(b)(9)(A),
3052,
5054 and
5054.1, Penal
Code.
Note: Authority cited: Sections
3056,
5058 and
5058.3, Penal
Code. Reference: Sections 1203.2,
3000(b)(7),
3000(b)(9)(A),
3052, 5054 and 5054.1, Penal
Code.
1. New
article 18 (sections 3750-3756) and section filed 2-6-2014 as an emergency;
operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
language will be repealed by operation of law on the following
day.
1. New article 18 (sections 3750-3756) and section filed
2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant
to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 2-6-2014 order, including
repealer of subsection (a), subsection relettering and amendment of newly
designated subsection (d), transmitted to OAL 7-16-2014 and filed 8-27-2014;
amendments effective 8/27/2014
pursuant to Government Code section
11343.4(b)(3)
(Register
2014, No. 35).
3. Change without regulatory effect
amending section filed 7-1-2024 pursuant to section 100, title 1, California
Code of Regulations (Register
2024, No. 27).
