Cal. Code Regs. tit. 15 § 2513

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2513 - Special Conditions of Parole

Special conditions may be established and imposed by the department or the board as provided in § 2510, and are in addition to the general conditions of parole. Special conditions include:

(a) "To participate in Psychiatric Treatment. You agree to participate in the psychiatric treatment program approved for you by the Parole and Community Services Division." This special condition shall be imposed whenever the board, or the department psychiatric staff, have determined that treatment is required for successful adjustment on parole.

(b) "To abstain from Alcoholic Beverages. You agree to totally abstain from the use of any alcoholic beverages or liquors." This special condition shall be imposed whenever the circumstances of the commitment offense are such that this condition is required by the provision of Penal Code section 3053.5. This special condition may also be imposed whenever the board or the department determines that such a condition is warranted by the circumstances of the case.

(c) "To Participate in Anti-Narcotic Testing. You agree to participate in anti-narcotic testing in accordance with instructions from a parole agent." This special condition may be imposed if there is a documented or admitted history of controlled substances usage.

(d) "Residence. You shall maintain a residence with a street address or a dwelling location approved in writing by the Parole and Community Services Division." This special condition shall be imposed on all parolees required to register under the provisions of Penal Code sections 290 and 457.1, and Health and Safety Code section 11590.

(e) "Gang Participation. You will not actively participate in, promote, further or assist in any prison gang, disruptive group, or criminal street gang activity as enumerated in Penal Code section 186.22(e), nor violate any gang abatement injunction, ordinance, or court order. You will not associate with any prison gang, disruptive group, or street gang member, nor wear or carry on your person, gang colors or any sign, symbol, or paraphernalia associated with gang activity." These special conditions may be imposed if there is a history of street gang, disruptive group, or prison gang membership, affiliation, or association.

As used in title 15, division 2, a disruptive group is defined as any gang other than a prison gang; a prison gang is defined as any gang which originated and has its roots within the department or any other prison system; and a criminal street gang is defined as any formal or informal organization, association, or group of three or more persons having as one of its primary activities the commission of a criminal act enumerated in Penal Code section 186.22(e), or planning, organizing, threatening, financing, or soliciting such acts. A gang is also defined as a group having a common identifying sign or symbol, whose members individually or collectively engage in, or have engaged in, repetitive or escalating non-criminal activities which the board determines to be a threat to public safety.

Only those gang tattoos received prior to parole are not considered to be a violation of this special condition.

(f) A special condition of parole which requires the parolee to participate in a residential program shall not be imposed without a Special Condition/Placement Hearing by the Board conducted in accordance with due process as defined in revocation procedures, Title 15, Division 2, Chapter 6, Article 3.

(1) A parolee with parole revocation charges shall have the review for Special Condition/Placement conducted concurrently with the Revocation Hearing.

(2) A parolee without parole revocation charges shall be afforded appropriate notification per § 2643 prior to the Special Condition/Placement Hearing.

(3) Waiver. A parolee may waive his right to a Board hearing pursuant to § 2641. If the parolee waives his right to a Board hearing, the Board, upon receipt of notification, may impose the special condition of parole that the parolee must participate in the residential program up to the statutory maximum (see § 2515).

(g) Other. Any other condition deemed necessary by the Board or the Department due to unusual circumstances. This special condition shall be imposed whenever warranted by unusual circumstances. The reasons for its imposition shall be sufficiently documented in the parolee's case records to explain the need for imposition.

Cal. Code Regs. Tit. 15, § 2513

1. Amendment of section title 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of subsection (d) and subsection relettering filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
3. Amendment of subsection (d), and renumbering and amendment of NOTE filed 1-16-92; operative 2-17-92 (Register 92, No. 12).
4. Amendment of subsection (d), new subsection (e), subsection relettering, and amendment of NOTE filed 9-5-97 as an emergency; operative 9-5-97 (Register 97, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-5-97 order, including additional amendment of subsection (a), transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
6. New subsections (f)-(f)(3), subsection relettering, amendment of newly designated subsection (g), and amendment of NOTE filed 2-16-99 as an emergency; operative 2-16-99 (Register 99, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-16-99 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-16-99 order transmitted to OAL 5-17-99 and filed 6-15-99 (Register 99, No. 25).
8. Change without regulatory effect amending subsection (e) filed 6-28-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
9. Amendment of section heading, section and NOTE filed 5-1-2006 as an emergency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2006 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of subsection (c)(2) (Register 2006, No. 36).
11. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 43).

Note: Authority cited: Sections 3052, 3068 and 5076.2, Penal Code. Reference: Sections 186.22, 290, 457.1, 3052, 3053, 3053.2, and 3053.5, Penal Code; and Section 11590, Health and Safety Code.

1. Amendment of section title 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of subsection (d) and subsection relettering filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
3. Amendment of subsection (d), and renumbering and amendment of NOTE filed 1-16-92; operative 2-17-92 (Register 92, No. 12).
4. Amendment of subsection (d), new subsection (e), subsection relettering, and amendment of NOTE filed 9-5-97 as an emergency; operative 9-5-97 (Register 97, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-5-97 order, including additional amendment of subsection (a), transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
6. New subsections (f)-(f)(3), subsection relettering, amendment of newly designated subsection (g), and amendment of Note filed 2-16-99 as an emergency; operative 2-16-99 (Register 99, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-16-99 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-16-99 order transmitted to OAL 5-17-99 and filed 6-15-99 (Register 99, No. 25).
8. Change without regulatory effect amending subsection (e) filed 6-28-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
9. Amendment of section heading, section and Note filed 5-1-2006 as an emergency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2006 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of subsection (c)(2) (Register 2006, No. 36).
11. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 43).