Paroling to Last Legal Residence

My question involves criminal law for the state of: California

Question is...have someone who is paroling soon and counselor is saying that they have to parole to the county of commitment?from what i know,you get to parole to the county of your last legal residence,correct?please help.thanks

If the parole officer wants to keep the person close, then that's what the parole officer wants. We have no facts to work with. If the inmate believes he should be permitted to live elsewhere, he can try talking to the parole officer and, should that not work, consider consulting a criminal defense lawyer who handles parole matters.

but i found this..so what is this?


Prison Talk > U.S. REGIONAL FORUMS > CALIFORNIA > CDCR - What You Need to Know > Paroling to a different region other than where the crime was committed
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Pumpkin muffin
08-27-2005, 03:14 PM
Can anyone tell me how to go about getting my boyfriend's parole changed to where I live? So far I've been told that he can't parole here because he has to parole to the county where the crime was committed
reguardless if when he's released he's homeless. I don't understand that at all. I mentioned to the region area management worker about getting married and he said that's probably not going to get him paroled here either. Can someone please give me some info that might help me make this happen?

Thanks
Xtasydealer
08-27-2005, 03:45 PM
It shouldn't be a problem. I served time in one state and had my probation moved to another once released. You need to make a case and present it to the judge and the probation office prior to getting released stating why it is better that the parole be transferred. I worked this out with the Feds before my release.

Hope this helps!!
funnyface09
08-27-2005, 06:21 PM
How long before he is paroled? If you, as his wife, live in another county, you can petition the parole board to have his parole transferred to where you live. He will have to have a place to live, and hopefully, a job waiting for him.
If it very soon, then he will have to wait until he is out before he petitions to be transferred and he will have to have very valid support issued reasons to move it.

Sherrie
Pumpkin muffin
09-06-2005, 03:59 AM
Thank you for the information. It looks like we're going to wait until he gets out. He says he doesn't have a problem driving back and forth from where I'm at to where he has to go to check in with his parole officer. I think that might be better anyway. Right now he's paroling homeless at least we won't have to worry about them knocking at the door.

He get's out in 52 days! I can't wait.
c's baby
09-07-2005, 11:31 AM
Even tho he is paroling homeless, they do care. He will have to have an address before to long or they will violate him. That is a conditionn of parole. I am hoping to get my husband and son to parole to another county. This is usually done 6 months to the gate. Restitution has to be paid, also. Normally it has to be a blood relative or sometimes a spouse. Yes, the place to live and a job waiting.
I voluteer for Parole Services. A man came back too Orange County (county of the crime). He owned a home in Riverside or San Bernadino County, they wouldn't let him go.
Part of it (I believe) depends on the Agent.
Good luck. Hopefully it won't take long for your.:)
cg's_angel
09-08-2005, 07:34 PM
Even tho he is paroling homeless, they do care. He will have to have an address before to long or they will violate him. That is a conditionn of parole. I am hoping to get my husband and son to parole to another county. This is usually done 6 months to the gate. Restitution has to be paid, also. Normally it has to be a blood relative or sometimes a spouse. Yes, the place to live and a job waiting.
I voluteer for Parole Services. A man came back too Orange County (county of the crime). He owned a home in Riverside or San Bernadino County, they wouldn't let him go.
Part of it (I believe) depends on the Agent.
Good luck. Hopefully it won't take long for your.:)

When you say "It has to be a blood or sometimes a spouse." Does that mean who he will live with? What about fiancees? will he be able to live with me?
c's baby
09-18-2005, 11:07 AM
A finance is not a blood relation.
You really can never call it 100%. All I know, that these are a few of what can be the conditions they look at.
I spoke w/ someone that wanted to change parole to her in-laws. Not blood.
Yet a friend of mine, was able to change counties upon parole. Moved with his brother and had a job waiting and his restitution was paid.
My step-son is (supposed to) get out in June '06. Before December ('05), he will have all his supporting documents to his counsolor.
Good luck.
denverswife
09-18-2005, 12:44 PM
And driving back and forth to report is a violation of his parole and can get him sent back inside. Most parolees have to stay within 50 miles of their home of record which must be in the county they are paroled to. And he will need an address BEFORE he gets out.
Calif Dreamer
09-18-2005, 01:43 PM
Hope this helps answer your questions.

PC 3003 Parole.
3003. (a) Except as otherwise provided in this section, an inmatewho is released on parole shall be returned to the county that wasthe last legal residence of the inmate prior to his or herincarceration. For purposes of this subdivision, "last legal residence" shall notbe construed to mean the county wherein the inmate committed anoffense while confined in a state prison or local jail facility orwhile confined for treatment in a state hospital. (b) Notwithstanding subdivision (a), an inmate may be returned toanother county if that would be in the best interests of the public.If the Board of Prison Terms setting the conditions of parole forinmates sentenced pursuant to subdivision (b) of Section 1168, asdetermined by the parole consideration panel, or the Department ofCorrections setting the conditions of parole for inmates sentencedpursuant to Section 1170, decides on a return to another county, itshall place its reasons in writing in the parolee's permanent recordand include these reasons in the notice to the sheriff or chief ofpolice pursuant to Section 3058.6. In making its decision, theparoling authority shall consider, among others, the followingfactors, giving the greatest weight to the protection of the victimand the safety of the community: (1) The need to protect the life or safety of a victim, theparolee, a witness, or any other person. (2) Public concern that would reduce the chance that the inmate'sparole would be successfully completed. (3) The verified existence of a work offer, or an educational orvocational training program. (4) The existence of family in another county with whom the inmatehas maintained strong ties and whose support would increase thechance that the inmate's parole would be successfully completed. (5) The lack of necessary outpatient treatment programs forparolees receiving treatment pursuant to Section 2960. (c) The Department of Corrections, in determining an out-of-countycommitment, shall give priority to the safety of the community andany witnesses and victims. (d) In making its decision about an inmate who participated in ajoint venture program pursuant to Article 1.5 (commencing withSection 2717.1) of Chapter 5, the paroling authority shall giveserious consideration to releasing him or her to the county where thejoint venture program employer is located if that employer states tothe paroling authority that he or she intends to employ the inmateupon release. (e) (1) The following information, if available, shall be releasedby the Department of Corrections to local law enforcement agenciesregarding a paroled inmate who is released in their jurisdictions: (A) Last, first, and middle name. (B) Birth date. (C) Sex, race, height, weight, and hair and eye color. (D) Date of parole and discharge. (E) Registration status, if the inmate is required to register asa result of a controlled substance, sex, or arson offense. (F) California Criminal Information Number, FBI number, socialsecurity number, and driver's license number. (G) County of commitment. (H) A description of scars, marks, and tattoos on the inmate. (I) Offense or offenses for which the inmate was convicted thatresulted in parole in this instance. (J) Address, including all of the following information: (i) Street name and number. Post office box numbers are notacceptable for purposes of this subparagraph. (ii) City and ZIP Code. (iii) Date that the address provided pursuant to this subparagraphwas proposed to be effective. (K) Contact officer and unit, including all of the followinginformation: (i) Name and telephone number of each contact officer. (ii) Contact unit type of each contact officer such as unitsresponsible for parole, registration, or county probation. (L) A digitized image of the photograph and at least a singledigit fingerprint of the parolee. (M) A geographic coordinate for the parolee's residence locationfor use with a Geographical Information System (GIS) or comparablecomputer program. (2) The information required by this subdivision shall come fromthe statewide parolee database. The information obtained from eachsource shall be based on the same timeframe. (3) All of the information required by this subdivision shall beprovided utilizing a computer-to-computer transfer in a format usableby a desktop computer system. The transfer of this informationshall be continually available to local law enforcement agencies uponrequest. (4) The unauthorized release or receipt of the informationdescribed in this subdivision is a violation of Section 11143. (f) Notwithstanding any other provision of law, an inmate who isreleased on parole shall not be returned to a location within 35miles of the actual residence of a victim of, or a witness to, aviolent felony as defined in paragraphs (1) to (7), inclusive, ofsubdivision (c) of Section 667.5 or a felony in which the defendantinflicts great bodily injury on any person other than an accomplicethat has been charged and proved as provided for in Section 12022.53,12022.7, or 12022.9, if the victim or witness has requestedadditional distance in the placement of the inmate on parole, and ifthe Board of Prison Terms or the Department of Corrections finds thatthere is a need to protect the life, safety, or well-being of avictim or witness. (g) Notwithstanding any other law, an inmate who is released onparole for any violation of Section 288 or 288.5 shall not be placedor reside, for the duration of his or her period of parole, withinone-quarter mile of any public or private school including any or allof kindergarten and grades 1 to 8, inclusive. (h) Notwithstanding any other law, an inmate who is released onparole for an offense involving stalking shall not be returned to alocation within 35 miles of the victim's actual residence or place ofemployment if the victim or witness has requested additionaldistance in the placement of the inmate on parole, and if the Boardof Prison Terms or the Department of Corrections finds that there isa need to protect the life, safety, or well-being of the victim. (i) The authority shall give consideration to the equitabledistribution of parolees and the proportion of out-of-countycommitments from a county compared to the number of commitments fromthat county when making parole decisions. (j) An inmate may be paroled to another state pursuant to anyother law. (k) (1) Except as provided in paragraph (2), the Department ofCorrections shall be the agency primarily responsible for, and shallhave control over, the program, resources, and staff implementing theLaw Enforcement Automated Data System (LEADS) in conformance withsubdivision (e). (2) Notwithstanding paragraph (1), the Department of Justice shallbe the agency primarily responsible for the proper release ofinformation under LEADS that relates to fingerprint cards.

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Quoting ilovealo

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but i found this..so what is this?

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That’s a cut & paste of a thread in another forum. You are free to give that forum more credibility than the opinions and advice you got here, if you chose.

Personally, I agree with Mr. Knowitall’s answer to your original question.

Knowitall is right. The department does not need to facilitate a transfer if the don't feel the need or if they feel that there is a potnetial liability. He can try to go over their head, but the have a significant say so.

ok im somewhat confused.the person hasnt paroled yet but is soon to be paroling.so will they still have to transfer their parole or can they just do it before they get out on parole?

They are being monitored by the state that holds them on the charge. The home state has to initiate a transfer. Inmate needs to specify his desire, but the prison has to start the paperwork.

BTW, you got info that was 7 years old. The compact keeps changing. Rules are not the same.

Penal Code Section 3003 (a) – Residential Placement
(a) Except as otherwise provided in this section, an inmate who is released on parole shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. For purposes of this subdivision, "last legal residence" shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.

Penal Code Section 3003 has many subsections that may also apply to residence restrictions for certain offenders, and should be reviewed in its entirety to ascertain applicability to each case.

Found it in the CDCR website and it is updated..so this is still nothing?

Many different variables. If the inmate has previous addresses used in order to confuse law enforcement of his true current address, his credibility is shot. If he had a partner that denies he has legal residency of that residence, is chance is shot. There are other variables, but those are two most glaring to me.

Side note: If I were reviewing your request and I see that on one site, you need to get a courtesy for yourself, and on the other site, you are inquiring for someone you know...your credibility is shot. Honesty goes a long way.