California Penal Code Section 3056: Awaiting Parole Revocation Hearings

When someone on parole is accused of violating the law, their freedom can be placed at immediate risk. Under California Penal Code Section 3056, individuals may be taken into custody while awaiting a formal parole revocation hearing. This period can feel overwhelming and uncertain, especially when the consequences may include returning to state prison. Understanding how Section 3056 works is essential for protecting your rights and preparing a strong defense strategy.

What Is California Penal Code 3056?

California Penal Code 3056 explains that anyone accused of violating parole may be taken into custody and housed in a county jail while their case is reviewed. During this time, the parolee remains under the legal authority of the California Department of Corrections and Rehabilitation (CDCR). This section outlines how custody works before a revocation hearing and what rights an individual retains during the process.

Understanding the Role of 3056 PC

Section 3056 explains where a person on parole can be held if they are accused of breaking their parole rules. Under this law, a parolee can be taken to the county jail while the court decides whether a violation occurred. This means the county, not the state prison system, has temporary control over the person until the parole revocation hearing is finished.

County Custody vs. State Custody Explained

While parolees are normally supervised by the California Department of Corrections and Rehabilitation (CDCR), Penal Code 3056 transfers custody to the county upon a parolee’s detention for a potential violation. Custody returns to CDCR supervision if parole is reinstated after the hearing; revocation may result in county jail time.

Who Has Legal Jurisdiction Under Penal Code 3056?

When a parolee is held under 3056 PC, the county jail or county correctional administrator has sole legal jurisdiction. This applies even if the parolee is placed in an alternative custody program such as electronic monitoring or work furlough.

When Can You Be Held Under PC 3056?

Individuals can be held under Penal Code 3056 in several situations, depending on the nature of the alleged parole violation. Below are the most common circumstances where county custody may apply while your case is reviewed.

Arrest for Alleged Parole Violations

A parolee can be arrested, with or without a warrant, if a parole officer or a court believes a violation occurred. Even minor technical violations may be enough to trigger a 3056 PC arrest.

Custody While Awaiting a Parole Revocation Hearing

After arrest, the parolee must wait for a revocation hearing. During this time, they are housed in the county jail where they were arrested or where the revocation petition was filed. The judge may allow release pending the hearing, but this is not guaranteed.

Housing Rules for Parolees Under Penal Code 3056

Under Penal Code 3056, parolees must be housed:

• In the county of arrest,
• In the county where the revocation petition was filed, or
• In a contracted facility, if the county has no jail.

Common Ways Parole Violations Occur

Parole violations can occur in various ways, and even a minor mistake may trigger a review under Penal Code 3056. Below are some of the most common situations that can place a parolee at risk of being taken into county custody.

Technical Violations vs. New Criminal Charges

Violations fall into two categories:

• Technical violations, such as missing appointments or failing drug tests
• New criminal charges, which significantly increase the likelihood of parole revocation

Examples of Conduct Considered a Violation

Common actions that lead to Penal Code 3056 hold include:

• Not reporting to a parole officer
• Traveling outside the approved area
• Possessing drugs or alcohol
• Violating curfew
• Driving without permission or a valid license (common technical violation)

Why Parolees Are Highly Prone to Violations?

Parole conditions are often strict and difficult to comply with. Many rules, like mandatory weekly check-ins, restricted travel, and strict curfews, make re-entry challenging. Even ordinary life events, such as moving for a new job, can result in a violation.

What Happens at a Parole Revocation Hearing?

A parole revocation hearing determines whether a parolee actually violated the terms of their release and what consequences, if any, should follow. During this process, the judge reviews evidence, hears arguments from both sides, and decides the appropriate outcome based on the law.

The Court’s Role in Deciding Custody

Parole revocation hearings are typically conducted by the California Board of Parole Hearings or a superior court judge (post-realignment). PC 3056 governs custody location during this process, not the final revocation decision itself.

Standard of Proof for Parole Revocation

The standard is preponderance of the evidence, meaning the violation is more likely than not. This is much lower than the criminal trial standard of beyond a reasonable doubt.

Possible Outcomes After the Hearing

After reviewing evidence, the judge may:

• Reinstate parole
• Add stricter conditions
• Order treatment or counseling
• Revoke parole and order jail time

Penalties Under Penal Code 3056

The potential penalties under Penal Code 3056 can vary depending on the severity of the alleged violation and the judge’s findings at the revocation hearing.

Maximum Jail Time After Parole Revocation

If parole is revoked, the parolee may serve up to 180 days in county jail per revocation under 3056 PC.

Credit for Time Served Before the Hearing

Any time spent in custody awaiting the hearing counts toward the final jail term.

Additional Conditions the Court May Impose

Courts often require:

• Electronic monitoring
• Drug or alcohol treatment
• Increased reporting requirements
• Fines or counseling

Special Rules for Minors Under PC 3056

Parole violations involving minors are handled differently under PC 3056, and several special rules govern custody and supervision.

Placement in Juvenile Facilities

Parole for individuals under 18 is governed by separate juvenile justice laws (Welfare & Institutions Code), which emphasise rehabilitation over adult penalties. Consult a specialist for youth-specific rules, as PC 3056 primarily applies to adults. 

How Supervision Differs for Parolees Under 18?

Minors remain under juvenile supervision standards, focusing more on rehabilitation than punishment.

How DCD LAW Can Help With a PC 3056 Parole Violation?

If you or a loved one is facing a potential parole violation under PC 3056, our firm provides focused, hands-on representation to protect your rights at every stage.

Contesting Alleged Violations

DCD LAW can challenge the evidence, present witnesses, and show compliance with parole terms to fight wrongful allegations.

Arguing for Release Pending the Hearing

Your attorney can persuade the court to release you while the hearing is pending, especially if the alleged violation is minor.

Protecting Your Rights in Court

DCD LAW ensures:

• Your rights are protected
• Evidence is properly reviewed

You receive fair treatment under 3056 PC