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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 09-05-2009, 03:35 PM
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Question Parole Dept violating Penal Code 3003 by changing parolee's county of commitment

Help...Please! My man received his release paperwork recently and his county of commitment has been changed to the county in which the crime was committed that he is doing time on, which is different from the county in which we live. I have read penal code 3003 and my understanding is that the parolee should be returned to the county of his/her last known legal address not the county in which the crime was committed. I spoke with the new county parole agent and he is telling me that since my man was absconded at the time this crime was committed that he has no legal address. This crime took place in 2006 and in 2007 his parole agent from the county we currently reside in came to our house and did a home visit to verify his residence. Also, his CA Identification has that same address. I need to know what his legal rights are to have this error corrected. Does anyone know of a legal advocacy attorney that helps parolees that could give us advice on this subject? Any help would be greatly appreciated!!! Thank you.
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Old 09-11-2009, 12:04 AM
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I went through something similar with my BF, similar, but different.

He went to prison on charge A. While in prison he got charge b which resulted in additional time. Once he finished his time for charge b they paroled him to the county the prison he was at when he got charge b, not the county where charge A was which is also the county we live in.

At the time I was not on top of my game, so instead of fighting them we just moved to the county they said we had to live in. Fast forward 16 months...I wanted to move back home, BF was in custody on a parole violation. I called parole and explained that 16 months before they paroled him to the wrong county, I thought they were going to tell me, so what, you have been living there for 16 months so there is nothing we can do. I prepared myself for a huge battle, by calling the Region 2 Headquarters, they said if I had trouble getting the parole department to agree with my request my BF would have to file a 602. In the mean time they told me to find documentation of his address before he went in. The DOM lists the following as suggestions on how to determine a parolee's county of last legal residence:
County of Last Legal Residence (CLLR)
This information is obtained from the POR, sentencing transcripts, or arrest
report. For new commitments, the CLLR is the county of residence prior to
incarceration. If the POR identifies that the inmate last resided out-of-state or
was a transient prior to his or her commitment, the CLLR shall be the county
of commitment.


They told me to get a copy of the police report from the very last time he was arrested, and whatever address was listed on that police report was his county of last legal residence.

I went to the court house and got all the documents I could find that listed his address when he was arrested. Then I called the parole department that BF was assigned to and explained the whole situation to the supervisor. He said he had to make a few calls and he would call me back in 1 hour. In about an hour he called back and said it was all taken care of and when BF got out I needed to take him to the parole department in our HOME TOWN!!! YEAH!!

PM me if you have any more questions. I have a little more info....but this post will get you started and is long enough already.
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Old 09-11-2009, 09:04 AM
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If the parolee absconded, the County of last Legal Residence would be the county approved by the Parole Office PRIOR to his absconding. Just because he has set up a new address in a different county while he was absconded does not make the new address his last LEGAL residence.
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Old 09-11-2009, 11:05 AM
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Quote:
Originally Posted by JLS View Post
If the parolee absconded, the County of last Legal Residence would be the county approved by the Parole Office PRIOR to his absconding. Just because he has set up a new address in a different county while he was absconded does not make the new address his last LEGAL residence.
The only address that he has had prior to and since the crime was committed was in the county we live...he has never had a legal address in the county in which the crime was committed...So I guess what I am trying to find out from your information is...just because you are listed as absconded, that is not an indicator that you are a transient...correct?? I say that because his new parole agent has indicated that being absconded does indicate the parolee does not have an address therefore parole is within its right to change his county to the one the crime was committed in. Does that sound right??
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Old 09-11-2009, 12:28 PM
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By definition, when he absconded he left his last address. Since he did not register a new address with his parole officer, he would be a transient ( no known address) in their system.
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Old 09-11-2009, 01:31 PM
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Quote:
Originally Posted by JLS View Post
By definition, when he absconded he left his last address. Since he did not register a new address with his parole officer, he would be a transient ( no known address) in their system.
Since then he did register a new address with his parole officer...it was in Alameda Co and his PO did make a home visit prior to his being convicted of this crime...does that become his last known legal address? The crime took place in 2006 and he wasn't even arrested for it until 2007 by Solano Co...and then his conviction was in March of 2008
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