Monder Law Group - News
PC 3000.08 applies to felon release from state prison after serving term for serious or violent committing offense, high-risk sex offenders, murder, three strikes sentence (i.e. 25 to life), MDO, and life top sex crimes. CDCR sets conditions; however, can be modified by the court. The maximum length of supervision is the parole term. Probation or district attorney can request revocation by petition, or court can do it on own motion. Probation, district attorney or defendant can request any modification by petition, or court can do on own motion. Termination is not permitted via PC 1203.2(a). There is flash incarceration as an intermediate sanction, which is typically up to 10 days per violation. Sanctions by the court include reinstate custody up to 180 days in jail per violation; revoke and up to 180 days in jail; refer to re-entry court (with new 1170(h) eligible criminal case); place defendant on EMP; or refer to CDCR for murder/certain life sex crimes per PC 3000.1. The burden of proof is a preponderance of evidence at the revocation hearing.
If you have any questions about Parole, please call Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense