|
You are here: Protection from Abuse > Domestic Violence > Domestic Violence and the Criminal Justice System > Department of Corrections
This section tells you about what happens when the abuser gets out of prison.
Click on a topic below:
Release From Prison (Felony Cases)
State Parole (Felony Cases)
Parole Conditions
Contact With the Parolee
Violation of Parole
Morrissey Hearing
Consequences of Parole Violation
Release From Prison (Felony Cases)
The victim can ask the Department of Corrections and Rehabilitation Office of Victim & Survivor Rights & Services  to be notified about an inmate's release from prison.
You must ask for notification in writing. To get the form for this request, click here or call: 1-877-256-OVSS (6877).
[ Top of Page ]
State Parole (Felony Cases)
After the defendant gets out of state prison, she or he will be supervised by a state parole agent.
Parole usually lasts 3 years. But it varies depending on the crime and the parolee's adjustment to life outside prison.
[ Top of Page ]
Parole Conditions
Once released from state prison for a domestic violence offense, the parolee is sometimes:
- Not allowed to live with the victim;
- Not allowed to contact the victim without the parole agent's approval;
- Required to attend a parolee outpatient clinic (for psychiatric or psychological counseling);
- Required to get substance abuse counseling;
- Required to attend a defendants' program; and/or
- Subject to other restrictions as determined by the parole board.
The victim can call Victim Services at the Department of Corrections at 1-888-562-5874 to suggest parole conditions. The victim must do this before the inmate is released from prison.
[ Top of Page ]
Contact With the Parolee
The parole agent will decide if the parolee can live with or have contact with the victim. The parole agent will consider the victim's safety. The parole agent can also serve a restraining order on a defendant.
[ Top of Page ]
Violation of Parole
If a defendant commits a crime, like domestic violence, while on parole, he or she is in violation of parole.
The parole agent will investigate the parole violation. The violation is separate from criminal prosecution for the crime.
So the defendant can be charged with a parole violation and a separate crime.
The agent may ask the victim for:
- The case number of the police report
- A statement
- Names of witnesses and ways to contact them
- Photos of injuries or damaged property
[ Top of Page ]
Morrissey Hearing
If there's a parole violation, the victim may be ordered to testify at a hearing.
This kind of hearing is called a "Morrissey hearing." It's much less formal than a trial. The hearing can take place with the defendant in or out of custody.
At a Morrissey hearing, a member of the Parole Hearing Division reviews the evidence of the violation.
The parolee is usually present and can ask the victim questions. But in extreme cases the victim can be interviewed outside the parolee's presence. If this happens, the parolee can leave a list of questions for the victim to answer.
After the hearing, the victim can be notified about its outcome.
[ Top of Page ]
Consequences of Parole Violations
A parole violation can have serious consequences. It depends on the severity of the charge.
The consequences can include:
- A return to custody for up to 12 months;
- Increased supervision;
- Continued parole with additional requirements or conditions; or
- Continued parole with no additional restrictions or limitations.
Adapted from chapter 3 of the Domestic Violence Information and Referral Handbook. Used with permission of the County of Santa Clara Probation Department.
[ Top of Page ]
<< back
Last modified: 08/27/2008
About Us | Web Site Feedback
Web Policies | Public Access to Records | Accessibility
|
