- May 31, 2017
- by Ben Adams
The criminal defense attorney at Adams Fietz, a criminal defense firm in Santa Rosa CA, has reviewed People v. Zamudio, filed on May 15, 2017. At issue was the law surrounding parole violations. The Court summarized the Penal Code sections regarding parole violations:
‘The Legislature in 2011 enacted and amended “‘a broad array of statutes concerning where a defendant will serve his or her sentence and how a defendant is to be supervised on parole,’” referred to generally as the realignment legislation. The overall purpose of the realignment legislation was to decrease recidivism and improve public safety, while at the same time reducing corrections and related criminal justice spending.
If a parole violation occurs, section 3000.08, subdivision (d), permits the supervising parole agency to impose additional conditions of supervision and “intermediate sanctions” without court intervention: “Upon review of the alleged violation and a finding of good cause that the parolee has committed a violation of law or violated his or her conditions of parole, the supervising parole agency may impose additional and appropriate conditions of supervision, including rehabilitation and treatment services and appropriate incentives for compliance, and impose immediate, structured, and intermediate sanctions for parole violations, including flash incarceration in a city or a county jail.”
Section 3000.08, subdivision (f), authorizes the supervising parole agency to petition to revoke parole only after the agency has determined that intermediate sanctions are not appropriate: “If the supervising parole agency has determined, following application of its assessment processes, that intermediate sanctions up to and including flash incarceration are not appropriate, the supervising parole agency shall, pursuant to Section 1203.2, petition . . . the court in the county in which the parolee is being supervised . . . to revoke parole.”’
If you are on parole, and are alleged to have violated parole, contact the Sonoma County criminal defense lawyer at Adams Fietz for a free consultation.
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