Custody Division Manual — Volume 5: Custody Operations, Chapter 10: Conditions of Supervision and Violation Procedure

Los Santos County Sheriff's Department.

Issued by the Parole Operations Office, County Parole Board. Authority: Penal Code §§ 3074 – 3076, § 1203.2.

5-10/010.00 — The Parole Term

The parole term is the unserved balance of the sentence at the moment of release.

For supervision purposes the balance is converted at the rate of one (1) minute of unserved custody time to one (1) hour of supervision. A parolee released with sixty minutes owing therefore serves a sixty hour parole term.

The term is stated on the release order and is read to the parolee before he leaves the facility. The term runs continuously and is not suspended by any circumstance other than a return to custody.

5-10/020.00 — General Conditions

The following conditions attach to every grant of Sheriff's Parole without exception.

5-10/020.05 — Reporting

Report in person to the assigned Parole Agent within four (4) hours of release, and once in every twenty-four (24) hours of the term thereafter. A parolee who cannot reach his Agent contacts the Parole Operations Office duty line.

5-10/020.10 — Residence

Reside only at the address approved on the release order. Report any change of residence in advance and obtain written approval. An unapproved overnight absence from the approved residence is a violation.

5-10/020.15 — Employment

Maintain lawful employment, enrolment in education, or participation in an approved program for the duration of the term. Report loss of employment to the assigned Agent immediately.

5-10/020.20 — Search

The parolee, his residence, his vehicle and his property are subject to search at any time of the day or night, with or without a warrant, with or without cause, by any peace officer. This condition is a term of release and is not negotiable.

5-10/020.25 — Weapons

Possess no firearm, no ammunition, and no deadly weapon of any description. This condition is absolute. Its violation is a serious violation in every case.

5-10/020.30 — Controlled Substances

Use or possess no controlled substance absent a valid prescription. Submit to testing on the demand of any Parole Agent.

5-10/020.35 — Association

Do not associate with any person known to the parolee to be a documented member of a criminal street gang, nor with any co-defendant or victim of the commitment offense.

5-10/020.40 — Law-Abiding Conduct

Obey all federal, state and local law. Report every police contact, citation, detention or arrest to the assigned Agent within four (4) hours of its occurrence, whether or not charges result.

5-10/020.45 — Travel

Do not leave Los Santos County without a written travel pass issued by the assigned Agent.

5-10/020.50 — Cooperation

Answer truthfully the reasonable inquiries of any Parole Agent and permit residence and workplace visits at any hour.

5-10/030.00 — Special Conditions

The Board may impose any further condition it considers necessary, including but not limited to electronic monitoring; a curfew; a stay-away order in respect of a named person or a designated area; mandatory treatment; restitution; a prohibition on operating a motor vehicle; and a prohibition on the use of social media to communicate with documented gang members.

5-10/030.05 — Territorial Exclusion

A parolee carrying a gang-nexus finding under Chapter 09 shall not reside in, enter, or remain within the documented territory of his set for the duration of the term. Entry into that territory, for any purpose, is a serious violation.

5-10/040.00 — Violation Procedure

5-10/040.05 — Report

Any peace officer may report a suspected violation to the Parole Operations Office. The assigned Agent opens a violation investigation and records it in the parolee's file.

5-10/040.10 — Classification

Technical violation. Missed report; unapproved change of residence; failed or refused test; curfew breach; failure to maintain employment; travel without a pass.

Serious violation. Any new criminal offense; possession of a firearm, ammunition or deadly weapon; documented association with gang members; entry into an excluded territory; absconding; assault upon any person.

5-10/040.15 — Disposition of Technical Violations

A first technical violation is met with a documented warning and an increase in the reporting requirement.

A second or subsequent technical violation may be met with flash incarceration, being a period of custody not exceeding thirty (30) minutes imposed by the assigned Agent on his own authority, without hearing. Flash incarceration does not credit against the parole term, which resumes on release.

A fourth technical violation is referred to the Board as a serious violation.

5-10/040.20 — Disposition of Serious Violations

A parole violation warrant is issued. The parolee is taken into custody and held pending revocation proceedings. Any new criminal charge is prosecuted separately and in addition.

5-10/040.25 — Revocation Hearing

The hearing is convened before the Board at the next available sitting. The parolee may speak, may present evidence, and may be represented. The Board may reinstate parole; reinstate on modified conditions; or revoke.

5-10/040.30 — Effect of Revocation

On revocation the parolee is returned to custody for the full unserved balance of the original sentence. No credit is allowed for time spent in the community. No further application for Sheriff's Parole may be filed on that commitment.

5-10/050.00 — Absconding

A parolee who fails to report for forty-eight (48) consecutive hours is declared an absconder.

A no-bail warrant issues immediately. The parolee's particulars are published to the Absconder Notices bulletin and circulated to patrol. Where the parolee carries a gang-nexus finding, the case is referred to Operation Safe Jails for apprehension.

An absconder who is apprehended is not eligible for reinstatement. Revocation is automatic and a second revocation is entered on the record, permanently barring Sheriff's Parole under Chapter 09.

End of Chapter 10.