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  #1  
Old 03-07-2013, 01:10 PM
justcantwin1208 justcantwin1208 is offline
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Default Parole has forced me to be homeless, twice.

I live in Contra Costa County, and have since I was 7. I was visiting Placer County for less than 2 months in 2003 when I commited my controling offense. I was a CRC commitment from 2006-2011, and served my whole 4 year 4 months sentence (actual). I was always paroled to Contra Costa. After being excluded from CRC, my parole was switched to Placer County because on the arrest report from 2003 I apparently told the officer I lived in Roseville. Title 15 states that an inmate shall be paroled to County of Last Legal Residence prior to incarceration. This means at the time of the crime, your last legal residence. Me telling an officer where I was STAYING, does not establish legal residence. If whoever in the CDCR was practicing due dilligence, they would have investigated further and clearly seen that I have never established a legal residence in Placer County. However, they did not, and I was forced to be homeless in Placer County when I had a job, a girlfriend, a home, a car, and a dog in Concord. I was violated for absconding because I had to stay home and I didn't go to Auburn when they told me to. Since then, I have been forced to comply and I lived in Auburn for about 6 months last year. I had my parole transferred back to Contra Costa in April. I was warned that if I violated, I would be sent back to Auburn. This policy of returning a county to county transfer back to the original county is written NOWHERE in the Title 15 or the DOM. When you're a transfer, you're considered to be "on loan" to the county you're transferring to. So basically you're a piece of property that's being borrowed? Long story short, I recently violated for a dirty urine test, and have been ordered back to Placer County. Once again I am forced to quit my job, vacate my home, tell my girl I'm sorry, and find somewhere for my dog to live. If I wasn't on a transfer, I would have several options as to how to deal with the violation. Program, house arrest, meetings, etc. But since I'm just "on loan" I am forced to go be homeless again. If I wasn't a transfer, I'd probably go into custody for 2 weeks max and be COP'd and be able to continue with my life. I am not denying my responsibility here, I did test dirty and I deserve consequences. However to force someone to live where they have nowhere to live and subsoquently lose everything they did have, seems unjust to me. With all that the CDCR is trying to do to reduce recidivism, they way they are treating me just seems wrong. And as I'm sure you all know, there is no winning with these guys. Or is there? Can anyone offer a suggestion? Please?
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  #2  
Old 03-07-2013, 02:09 PM
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I can't offer any suggestions; all I can offer is my sympathy. I'm sorry you have to go through this. I hope someone comes along with some solutions. In the mean time, I welcome you to PTO, and I wish you the best of luck!
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  #3  
Old 03-07-2013, 07:31 PM
26thncaliswag 26thncaliswag is offline
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Quote:
I live in Contra Costa County, and have since I was 7. I was visiting Placer County for less than 2 months in 2003 when I commited my controling offense
That wouold be the receiving county. They have jusrisdiction.

Quote:
After being excluded from CRC, my parole was switched to Placer County because on the arrest report from 2003 I apparently told the officer I lived in Roseville. Title 15 states that an inmate shall be paroled to County of Last Legal Residence prior to incarceration
You told the officer that your residence was you stated. No assumption, it was your confirmation.

Quote:
This means at the time of the crime, your last legal residence. Me telling an officer where I was STAYING, does not establish legal residence. If whoever in the CDCR was practicing due dilligence, they would have investigated further and clearly seen that I have never established a legal residence in Placer County.
Unfortunately, this argument is used on both sides. For those that want to relocate to an unestablished area and for those who choose to try and sidestep the system. Being in this game long enough, you learn that many offenders will set shop up in numerous areas. Apparently, there is evidence to presume that the arresting county was your place of residence. Usually happens at the time of arrest.

Quote:
However, they did not, and I was forced to be homeless in Placer County when I had a job, a girlfriend, a home, a car, and a dog in Concord. I was violated for absconding because I had to stay home and I didn't go to Auburn when they told me to.
They did what they where required. They more than likely, found and confirmed the last known address. Even if that was not your official residence and paroled you to the most logical place of residence based off information available. You knowingly and willingly removed yoursself from where you were authorized to reside without you PO's knowledge based off your feelings of where you rightfully belong. That equates to absconding.

Quote:
Since then, I have been forced to comply and I lived in Auburn for about 6 months last year. I had my parole transferred back to Contra Costa in April. I was warned that if I violated, I would be sent back to Auburn. This policy of returning a county to county transfer back to the original county is written NOWHERE in the Title 15 or the DOM. When you're a transfer, you're considered to be "on loan" to the county you're transferring to. So basically you're a piece of property that's being borrowed?
The arresting county holds jurisdiction. Technically, this party is responsible for monitoring your compliance. Any other county that monitors you, would be considered a courtesy to the home county. If it makes you feel better, you are not being borrowed. The honor of monitoring the illegal act is. However, most PO's won't feel that way. They'll see it as extra work.

Quote:
Long story short, I recently violated for a dirty urine test, and have been ordered back to Placer County. Once again I am forced to quit my job, vacate my home, tell my girl I'm sorry, and find somewhere for my dog to live. If I wasn't on a transfer, I would have several options as to how to deal with the violation. Program, house arrest, meetings, etc. But since I'm just "on loan" I am forced to go be homeless again. If I wasn't a transfer, I'd probably go into custody for 2 weeks max and be COP'd and be able to continue with my life.
As you will soon say, that is your doing. If not for the drop, It would be business as usual. A case that goes into violation while on courtesy, means that home jurisdiction has the field.

Quote:
I am not denying my responsibility here, I did test dirty and I deserve consequences.
This is the consequence.

Quote:
However to force someone to live where they have nowhere to live and subsoquently lose everything they did have, seems unjust to me.
The residence was established based off what you previously reported to be, your statement. You established this residence. You committed the offense in thiss jurisdiction and they have the responsibility of monitoring it. Even if you have a courtesy officer, the home jurisdiction is responsible for providing the monitoring agency the information that is being received regarding your compliance or lack thereof.

Quote:
With all that the CDCR is trying to do to reduce recidivism, they way they are treating me just seems wrong. And as I'm sure you all know, there is no winning with these guys. Or is there? Can anyone offer a suggestion? Please?
The possibility of recidivsm is not caused by the residency issue. It would be result of the dirty drop. Your courtesy issues did not cause that. I disagree with this part the most, there is a way to win with those guys. COMPLY! No dirty drops. No absconding. No change of address without notification. No reporting fee issues. No failure to comply with treatment. No new arrests. No faiure to reports. Do that, and there is a winning.
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  #4  
Old 03-08-2013, 10:14 AM
justcantwin1208 justcantwin1208 is offline
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Thank you for all that information, I appreciate the time you took to answer all of my questions. I know deep down this is a fight I can't win, but my sense of right and wrong (yes I do have one despite the felony I committed 10 years ago) makes me want to keep fighting. I am starting to come to grips with it though and try to make the best of a pretty messed up situation that I don't feel I deserve based on what I've done. The policy of returning a transfer back to somewhere he will be unemployed and homeless seems to be a violation of my basic human rights. But I forgot I gave those up when I signed my parole conditions. Thanks again for your help.





Quote:
Originally Posted by 26thncaliswag View Post
That wouold be the receiving county. They


have jusrisdiction.



You told the officer that your residence was you stated. No assumption, it was your confirmation.



Unfortunately, this argument is used on both sides. For those that want to relocate to an unestablished area and for those who choose to try and sidestep the system. Being in this game long enough, you learn that many offenders will set shop up in numerous areas. Apparently, there is evidence to presume that the arresting county was your place of residence. Usually happens at the time of arrest.



They did what they where required. They more than likely, found and confirmed the last known address. Even if that was not your official residence and paroled you to the most logical place of residence based off information available. You knowingly and willingly removed yoursself from where you were authorized to reside without you PO's knowledge based off your feelings of where you rightfully belong. That equates to absconding.



The arresting county holds jurisdiction. Technically, this party is responsible for monitoring your compliance. Any other county that monitors you, would be considered a courtesy to the home county. If it makes you feel better, you are not being borrowed. The honor of monitoring the illegal act is. However, most PO's won't feel that way. They'll see it as extra work.



As you will soon say, that is your doing. If not for the drop, It would be business as usual. A case that goes into violation while on courtesy, means that home jurisdiction has the field.



This is the consequence.



The residence was established based off what you previously reported to be, your statement. You established this residence. You committed the offense in thiss jurisdiction and they have the responsibility of monitoring it. Even if you have a courtesy officer, the home jurisdiction is responsible for providing the monitoring agency the information that is being received regarding your compliance or lack thereof.



The possibility of recidivsm is not caused by the residency issue. It would be result of the dirty drop. Your courtesy issues did not cause that. I disagree with this part the most, there is a way to win with those guys. COMPLY! No dirty drops. No absconding. No change of address without notification. No reporting fee issues. No failure to comply with treatment. No new arrests. No faiure to reports. Do that, and there is a winning.
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  #5  
Old 03-08-2013, 05:32 PM
VA PO VA PO is offline
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You did not give up basic human rights upon conviction. You gave up certain Constitutional protections, that much is certain. But I have to say, I really think that you believe you are the victim here. Remember, you lied about your address, then you violated. This attitude that someone else needs to fix things for you is going to take you nowhere in getting you what you want. The policy is not to return someone to a place where they are homeless and unemployed. You need to look at what has already been told to you, take it to heart, and stop playing the martyr.
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  #6  
Old 03-09-2013, 06:27 AM
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Perhaps when you get out you can try Salvation Army.They will give you a place to live and help with the job situation.It isn't perfect but it is better than being homeless.
Of course you probably have found out that you can't skirt the terms of parole and hope to gain anything.
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Old 03-09-2013, 07:23 AM
CenTexLyn CenTexLyn is offline
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I cannot speak to the California statutes but residency requirements in many jurisdictions allow for a residency in a different County/Parish if the presence of family or other support components increases the probability of a successful completion of the term of supervision. As an example, here in Texas, a transmittal would be sent to the Board for a County of Residence Exception (CORE). Residency requirements were placed into law here in the wake of releases to areas where the releasee had no ties and so you saw a burgeoning increase of arrests of parolees in Houston and Dallas who had no other connection to the area. Sheriffs and DA's asked for the statute and they got it (and for reasons I cannot argue with given that the exception provision was in place from the beginning).

But this situation does appear to be complicated by information you yourself had given to agency personnel...that makes it infinitely more difficult to make a case that your real residency is somewhere else. As such, it comes across as being no different than the person convicted in one State but who wants to move across the country just to get away from where they were...obstacles are going to exist.

It also does not help matters that you chose to relapse and now seek to blame the State for the consequences that followed YOUR choice to use drugs. At some point in time, accountability for choices HAS to enter the equation...
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Old 03-09-2013, 10:01 AM
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How much longer do you have on parole?
Hopefully not much longer.
My hub is also homeless, but not because he does not have a home to go to, he's just not allowed to live in it.(we live too close to parks/schools, and he's an rso)
And this *rule* will be in effect forever (unless something changes with the laws. We are not holding our breath)

Try to make the best of it. Yeah it sucks. Yeah, you screwed yourself by using.
I'd be looking at that real careful. Seems like that is the whole reason your in trouble (again) so might be time to totally stop using anything. Ya know?

good luck.
hey, at least Placer county is pretty. (trying to look at the bright side)
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  #9  
Old 03-10-2013, 11:52 PM
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Being a former parolee, I totally understand how frustrating this all is. I had to parole to a state I didn't live in. But, I filled out the proper paperwork, waited and transdferred and now I'm all done with parole and everything.
You have to see that you did win the fight, too. You got to go home to your job and house and dog and your girl. And they warned you that a violation would cause that to go away.
You chose to violate. It's not that you can't win. It's that you have to follow the rules. They aren't meant to be fun, but it sounds to me like you are now the one making it harder on yourself.
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