The California Prison and Parole Law Handbook. Chapter 11: Parole and Post-Release Community Supervision
11.24 Placement of a Parole Hold
A person can be detained in a county jail on a parole hold if the parole agent believes the person is a danger to anyone or their property, or poses a high risk of absconding.190 At any time while a parole hold or revocation petition is pending, the court can release the person from custody if the court deems it appropriate to do so (unless the person is serving a period of “flash incarceration”).191
190 Penal Code § 1203.2(a); Penal Code § 3000.08(c); Penal Code § 3056; 15 CCR §§ 3750-3752, 3765; see People v. Woodall (2013) 216 Cal.App.4th 1221 [157 Cal.Rptr.3d 220] (arrest on probation violation without a sworn oath is not unconstitutional).
191 Penal Code § 1203.2(a); Penal Code § 3000.08(c). It appears the person on parole will not get any gate money at that time. 15 CCR § 3075.2(d).
11.25 CDCR Review of a Parole Hold
If CDCR staff keep the parole hold, they must decide whether the violation can be addressed by “intermediate sanctions” less severe than revocation. Intermediate sanctions might include new parole conditions such as requiring participation in treatment or rehabilitation programs. Another type of intermediate sanction is “flash incarceration,” which is detention in the county jail for up to 10 days.196 In most cases, parole staff must use a CDCR Form 1500 Parole Violation Decision-Making Instrument (PVDMI) and California Static Risk Assessment (CSRA) to assess the severity of the parole violation and to determine what sanctions are appropriate.197
196 Penal Code § 3000.08(d)-(f); People v. Superior Court (Ward) (2014) 232 Cal.App.4th 345, 352-353 [181 Cal.Rptr.3d 392] (finding no due process violation when flash incarceration is used for violations of PRCS). People do not earn conduct credits for periods of “flash incarceration.” Penal Code § 4019(i).
197 15 CCR §§ 3768-3768.3.
11.33 Post-Release Community Supervision (PRCS)
Counties are supposed to use “intermediate sanctions” rather than PRCS revocation for minor violations of PRCS conditions. Intermediate sanctions include programs like drug treatment, mental health counseling, and job assistance.255 Intermediate sanctions also include “flash incarceration,” which is an immediate return to jail for a period of up to ten days without a court hearing.256
255 Penal Code § 3450(b).
256 Penal Code § 3454(c). People do not earn conduct credits for periods of “flash incarceration.” Penal Code § 4019(i)