§ 2731. Absconders from California.
15 CA ADC § 2731Barclays Official California Code of Regulations
15 CCR § 2731
§ 2731. Absconders from California.
(a) Reporting. P&CSD shall report to the local board at the central office calendar any parolee who absconds. A parolee absconds when the parolee leaves California without permission, does not return to California after leaving with permission or has not been available for contact for thirty days. An absconder report shall be submitted whenever P&CSD is aware that a parolee has absconded although the parolee may be in the custody of another jurisdiction and the parolee's location known at the time the report is submitted. The report shall indicate the date the parolee absconded or the date P&CSD determined the parolee absconded.
(b) Board Action. When an absconder report is submitted, the board at the central office calendar shall review the report and suspend parole. The date of suspension shall be the date the parolee left California, the date the parolee should have returned to California if out of state with permission, or the date P&CSD determined he absconded. The parole period stops running the date of suspension. The suspend action authorizes the board to issue a warrant for the parolee's arrest if the parolee's whereabouts are unknown or to place a California detainer if he is in the custody of another jurisdiction.
(1) Reporting. P&CSD shall report to the board at the central office calendar when an absconder is located. If the absconder is located in California the report shall indicate the date the parolee was located or arrested, whichever is earlier, and the parole period will recommence on that date. If the absconder is located in another jurisdiction, the parole period will recommence as provided in subsection (c)(2).
(A) Located in California. If the absconder is located in California the provisions of Articles 1-5 shall apply to the revocation procedures. The board shall reinstate parole effective the date the parolee is arrested or located, whichever is earlier. If the board orders parole revoked, the parolee shall receive credit on the revocation period for any time in custody after the date the parolee is arrested or located, whichever is earlier. If the parolee is arrested under an alias, the reinstatement and credit for time in custody shall commence on the date of arrest even if the Department is unaware of the arrest because of the parolee's use of an alias.
1. General. If the absconder is located in another jurisdiction the board at the central office calendar shall determine whether the parolee should be discharged, referred for supervision in the other jurisdiction or scheduled for revocation proceedings as provided in this subsection. The department report may contain any of these as recommendations.
3. Out of State Referral. In determining whether the absconder shall be referred for supervision in the other jurisdiction, the board shall consider the following information: the parolee's employment history and stability; the parolee's residential pattern; the parolee's family and community relationships; the parolee's record of absconding from parole.
If the parolee is referred for supervision in the other jurisdiction the parolee shall be reinstated and the parole period shall recommence on the date the board orders the parolee referred.
a. No Criminal Prosecution. If the parolee is not undergoing criminal prosecution in the other state the board shall order the parolee returned to California for revocation proceedings. The parolee shall be reinstated on parole effective the date the parolee waived extradition or the date the court ordered the parolee extradited if he contested extradition. The parole period commences on the effective date of reinstatement.
The parolee shall have a revocation hearing upon his return to California as provided in Article 3 of this Chapter. If the board orders parole revoked the parolee shall receive credit on the revocation period for any time in custody after the effective date of reinstatement.
b. Criminal Prosecution. If the parolee is undergoing criminal prosecution in the other state and waives extradition, department staff shall notify him that he may unconditionally waive the revocation hearing (§ 2651). If the parolee waives the hearing the board action shall include a reinstate action to reinstate the parole period effective the date of the in absentia hearing. If the board orders parole revoked the parolee shall receive credit on the revocation period for any time in custody after the effective date of reinstatement.
If the parolee does not waive extradition or does not waive the revocation hearing he shall have a revocation hearing upon return to California as provided in Article 3 of this Chapter. The board shall reinstate parole effective on the later of: the date the other jurisdiction notifies P&CSD that the parolee can be returned to California because the criminal prosecution has terminated; or the date the parolee waives extradition. The parole period commences on the effective date of reinstatement. If the board orders parole revoked the parolee shall receive credit on the revocation period for any time in custody after the effective date of reinstatement.
When the prosecution terminates, the board shall review the decision to revoke or to schedule for revocation in light of the disposition at the criminal proceedings. The board may reaffirm its earlier action, discharge the parolee, or modify the revocation period, if any.
Credits
Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057, 3059, 3060, and 3064, Penal Code.
History
1. Amendment of subsection (c)(2)(B) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsections (c)(2)(A) and (c)(2)(B)4 filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 15, § 2731, 15 CA ADC § 2731
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