Cal. Code Regs. Tit. 15, § 3766 - Warrants

(a) Pursuant to Section 3504.2, incarcerated persons meeting the criteria for assignment to the Highest Control or Risk Classification, upon release from confinement from a State facility, are required to report to their assigned parole agent within two days or 48 hours of release from state prison. Within 24 hours of the supervised person's failure to report, the DAPO parole agent shall petition the local court as described in subsection 3766(b)(1).

(b) When the supervised person's is released from a county jail facility, where the parole agent has determined that the supervised person has become unavailable for supervision, or of being suspected of committing a serious crime, the parole agent shall attempt to locate the supervised person, and if the parole agent has determined that the supervised person's paroled whereabouts are unknown, obtain a warrant from the court for the supervised person's arrest, completing the following steps:

(1) Petition the court to issue a written order for the arrest of the supervised person's pending a hearing before the court utilizing Judicial Council of California Form CR 301 (⁰⁷/₁₃), Warrant Request and Order, which is incorporated by reference, or the unique court form established by a court for this purpose in a particular county.

(2) Monitor the supervised person's status until such time that the supervised person is re-arrested and remanded into local custody upon the issuance of an arrest warrant.

(3) Recall the warrant issued by the court upon a supervised person's arrest utilizing Judicial Council of California Form CR 302 (⁰⁷/₁₃), Request and Order to Recall Warrant, which is incorporated by reference, or the unique court form established by a court for this purpose in a particular county, when appropriate.

(c) Department staff shall utilize the CDCR Form 2274 (07/24), After-Hours Warrant Tracking Form, which is incorporated by reference, to process after hours warrant information received by the Administrative Officer of the Day, and manually enter warrant information into the following systems:

(1) CLETS.

(2) Strategic Oversight Management System.

(d) Pursuant to PC Section 3000(b)(9)(B), any warrant issued by BPH shall remain in full force and effect until the warrant is served or recalled by BPH. All cases of supervised persons arrested pursuant to a warrant issued by BPH shall be reviewed by BPH. The parole agent shall submit a discharge review report to BPH for discharge consideration. If BPH decides to take no action, and/or retain the supervised person on parole, DAPO shall initiate remedial sanctions, which may include continuing the supervised person on parole with no sanctions, or filing a petition for revocation of parole as described in Section 3764.

Notes

Cal. Code Regs. Tit. 15, § 3766

Note: Authority cited: Sections 1203.2, 3000(b)(9)(B) and 3060.7, Penal Code. Reference: Sections 3000(b)(9)(A), 3052, 5054, 5054.1, 5058 and 5058.3, Penal Code.

Note: Authority cited: Sections 1203.2, 3000(b)(9)(B) and 3060.7, Penal Code. Reference: Sections 3000(b)(9)(A), 3052, 5054, 5054.1, 5058 and 5058.3, Penal Code.

1. New section filed 2-6-2014 as an emergency; operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-6-2014 order, including amendment of subsections (b)(1) and (b)(3), transmitted to OAL 7-16-2014 and filed 8-27-2014; amendments effective 8/27/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 35).
3. Amendment of subsection (c)(2) filed 7-12-2017; operative 10/1/2017 (Register 2017, No. 28).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
5. Change without regulatory effect amending subsection (c)(2) filed 3-5-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 10).