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California Penal Code § 3056 PC allows courts to keep parolees in custody while waiting for their parole revocation hearings to take place.
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The standard of proof is preponderance of evidence, which means that parole will be revoked if it is more likely than not that the parolee violated their parole terms. This is a lower standard than beyond reasonable doubt.
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Someone whose parole is revoked can be ordered to serve the time remaining on their original sentence, up to a maximum of 180 days. Additional revocation terms can be imposed for subsequent violations.
(b) Inmates paroled pursuant to Section 3000.1 may be returned to prison following the revocation of parole by the Board of Parole Hearings until July 1, 2013, and thereafter by a court pursuant to Section 3000.08.
If parolees allegedly violate a condition, Penal Code 3056 PC permits the judge to “remand” them to county jail until the revocation hearing. The jail may be located in either:
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(c) A parolee who is subject to subdivision (a), but who is under 18 years of age, may be housed in a facility of the Division of Juvenile Facilities, Department of Corrections and Rehabilitation.
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During this time, the county has sole legal custody over the person. If parole gets reinstated, the person is transferred back into the custody of the Department of Corrections and Rehabilitation.
While prisoners are out on parole, they are supervised by the Department of Corrections and Rehabilitation. Though if they get remanded to a county jail following an alleged parole violation, the county will have sole legal custody and jurisdiction over them.
Parole revocation is the process by which people out on parole (“parolees”) get their parole terminated and are sent back to prison. This happens if the judge finds that they violated the terms or conditions of their parole.
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Common parole violations include things like missing appointments with your parole officer, failing drug tests, getting arrested for a new crime, or traveling outside your allowed area without permission. Any violation of your parole terms can potentially lead to revocation.
After the revocation hearing, the judge will determine whether the parolee may remain on parole or not. If the judge reinstates parole, the judge may add additional conditions. If the judge revokes (cancels) parole, the ex-parolee may remain in the county jail for a maximum of 180 more days. The judge may also order a stint in a treatment center and/or psychological evaluations.
Yes, in some cases parole can be reinstated after the revocation term is served. This depends on the circumstances of the revocation and is determined case-by-case.
Even “technical violations” – which are minor infractions that usually carry no jail time such as texting while driving – can be considered parole violations. Even moving to a different part of California for a new job can be deemed a parole violation by the court.
Example: Tom is out on parole when he is caught speeding by five miles per hour. Ordinarily, this would result in just a citation and a fine. Though Tom’s parole officer can consider it a parole violation and contact the police to arrest him.
The F207 is a 1-1/4 inch diameter flange bearing that works great for end-to-end rotating shaft needs like the agitation of sealcoating tanks. If you've purchased one of our BIGA tanks in the past and need a replacement, these are the ones we use and will bolt up without a problem.
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Prisoners released on parole in California must abide by various conditions, such as checking with their assigned parole officer at predetermined intervals, abstaining from drugs and alcohol, and avoiding any new arrests.
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(a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b) or as provided by subdivision (c) of Section 3000.09. A parolee awaiting a parole revocation hearing may be housed in a county jail while awaiting revocation proceedings. If a parolee is housed in a county jail, he or she shall be housed in the county in which he or she was arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail in that county, in the housing facility with which that county has contracted to house jail inmates. Additionally, except as provided by subdivision (c) of Section 3000.09, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days per revocation. When housed in county facilities, parolees shall be under the sole legal custody and jurisdiction of local county facilities. A parolee shall remain under the sole legal custody and jurisdiction of the local county or local correctional administrator, even if placed in an alternative custody program in lieu of incarceration, including, but not limited to, work furlough and electronic home detention. When a parolee is under the legal custody and jurisdiction of a county facility awaiting parole revocation proceedings or upon revocation, he or she shall not be under the parole supervision or jurisdiction of the department. Unless otherwise serving a period of flash incarceration, whenever a parolee who is subject to this section has been arrested, with or without a warrant or the filing of a petition for revocation with the court, the court may order the release of the parolee from custody under any terms and conditions the court deems appropriate. When released from the county facility or county alternative custody program following a period of custody for revocation of parole or because no violation of parole is found, the parolee shall be returned to the parole supervision of the department for the duration of parole.
Whether you're repairing your tank or building your own, pair the flange bearing with a rubber gasket to ensure your tank doesn't leak.
The Board of Parole Hearings holds revocation hearings and decides if parole should be revoked. The parolee has a right to have an attorney present at the hearing.
The F-2XX series flange bearings are designed to rotate within their housing which gives you some lee-way on positioning the shaft and bearings on each end. For obvious reasons, we recommend that they are installed as straight and level as possible, but in case you're a little off, these bearings will give you a small amount of forgiveness if things aren't perfect.
Yes, PC 3056 permits courts to hold parolees in custody while awaiting their revocation hearing. Time served pre-hearing is credited toward any revocation term.
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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If you're building your own, we've used these bearings for well over a decade on our sealcoating tanks and haven't had any problems with them outside of the normal wear-and-tear. Keep in mind, the OD of the shaft pipe or rod can not exceed 1-1/4" and we actually recommend using a shaft that is slightly smaller for easier fitment. If you need larger than 1.25 inch, you might want to look at the 1-1/2" flange bearing instead.
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For maintenance, we recommend greasing the bearings at least once per year through the installed grease zerk, and they should last just fine for a long time.
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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I was fortunate to be represented by Neeraj Singh. Neeraj is a calm, competent, professional attorney that navigated the Orange County legal system to deliver a complete dismissal of the charges against me. Thank you, Neeraj and Shouse Law Firm for all of your hard work, support and guidance.
Parolees typically use the criminal defense attorney who represented them on their original case. This way, the attorney is already familiar with the case and the parolee.
Instead of revocation, alternatives like increased supervision, counseling, electronic monitoring, mandatory residential drug treatment, and fines can be imposed.
While this is advertised as a sealcoating shaft seal bearing, this part can be used in a wide variety of industrial applications.
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