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§ 3766. Warrants.

15 CA ADC § 3766Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs (Refs & Annos)
Subchapter 6. Adult Parole
Article 19. Parole Violations, Flash Incarcerations, and Reports
15 CCR § 3766
§ 3766. Warrants.
(a) Pursuant to Section 3504.2, inmates meeting the criteria for assignment to the Highest Control or Risk Classification, upon release from confinement from a State facility, are required to report to their assigned parole agent within two days or 48 hours of release from state prison. Within 24 hours of the parolee's failure to report, the DAPO parole agent shall petition the local court as described in subsection 3766(b)(1).
(b) When the parolee is released from a county jail facility, where the parole agent has determined that the parolee has become unavailable for supervision, or of being suspected of committing a serious crime, the parole agent shall attempt to locate the parolee, and if the parole agent has determined that the parolee's whereabouts are unknown, obtain a warrant from the court for the parolee's arrest, completing the following steps:
(1) Petition the court to issue a written order for the arrest of the parolee pending a hearing before the court utilizing Judicial Council of California Form CR 301 ( 07/13 ), Warrant Request and Order, which is incorporated by reference, or the unique court form established by a court for this purpose in a particular county.
(2) Monitor the parolee's status until such time that the parolee is re-arrested and remanded into local custody upon the issuance of an arrest warrant.
(3) Recall the warrant issued by the court upon a parolee's arrest utilizing Judicial Council of California Form CR 302 ( 07/13 ), Request and Order to Recall Warrant, which is incorporated by reference, or the unique court form established by a court for this purpose in a particular county, when appropriate.
(c) Department staff shall utilize the CDCR Form 2274 (04/13), After-Hours Warrant Tracking Form, which is incorporated by reference, to process after hours warrant information received by the Administrative Officer of the Day, and manually enter warrant information into the following systems:
(1) CLETS.
(2) Strategic Offender Management System.
(d) Pursuant to PC Section 3000(b)(9)(B), any warrant issued by BPH shall remain in full force and effect until the warrant is served or recalled by BPH. All cases of parolees arrested pursuant to a warrant issued by BPH shall be reviewed by BPH. The parole agent shall submit a discharge review report to BPH for discharge consideration. If BPH decides to take no action, and/or retain the parolee on parole, DAPO shall initiate remedial sanctions, which may include continuing the parolee on parole with no sanctions, or filing a petition for revocation of parole as described in Section 3764.

Credits

Note: Authority cited: Sections 1203.2, 3000(b)(9)(B) and 3060.7, Penal Code. Reference: Sections 3000(b)(9)(A), 3052, 5054, 5054.1, 5058 and 5058.3, Penal Code.
History
1. New 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 amendment of subsections (b)(1) and (b)(3), 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. Amendment of subsection (c)(2) filed 7-12-2017; operative 10-1-2017 (Register 2017, No. 28).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 15, § 3766, 15 CA ADC § 3766
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