Under existing law, if an individual on parole for any offense except certain enumerated offenses commits a parole violation, the Board of Pardons and Paroles has the discretion to impose a range of sanctions, which may include revocation of parole, an imposed period of confinement of not more than 45 consecutive days, mandatory behavior treatment, mandatory substance abuse treatment, GPS monitoring, or any other treatment as determined by the board. Also under existing law, if an individual on parole for certain enumerated offenses is arrested or commits any other type of parole violation, the board is required to automatically revoke parole for the entire balance of the parolee's sentence without discretion to consider the facts, circumstances, and severity of the violation. This bill would provide the board with discretion to consider the recommendations of parole hearing officers and the totality of the circumstances surrounding parole violations for individuals on parole for enumerated offenses and would provide the board with discretion as to which sanctions are imposed for violations. This bill would also provide that if the commission of a new criminal offense is the basis of parole revocation for individuals on parole, including those on parole for enumerated offenses, and the charges are later dismissed, the parolee is acquitted at trial, or the case is resolved as a misdemeanor or criminal violation, the board would have the discretion to immediately reinstate parole or conduct a hearing to determine whether reinstatement of parole is in the interest of public safety and the fair administration of justice.

Statutes affected:
Introduced: 15-22-32, 15-22-32