Parole Enforcement Act of 2015

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Conti
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Parole Enforcement Act of 2015

Post by Conti » Mon Jul 13, 2015 2:38 am

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PAROLE ENFORCEMENT ACT OF 2015


Author(s): JASON GAGNEBIN, GIOVANNI POLDILOTTA, KATIE CLARK, GALEN HAWKINS


Sponsor: GIOVANNI POLDILOTTA

ACT NO. 003-RN
An Act to Establish the Parole System
THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:

[hr][/hr][/b]


Section 1. Definitions.
  1. "The San Andreas Department of Corrections”, hereafter referred to as the Department of Corrections or SADOC, shall be defined as the state agency holding custody over all incarcerated persons assigned to the San Andreas Correctional Facility and the parolees who have been released from that facility on special conditions, as well as responsibilitty for the operation of all state correctional institutions the State of San Andreas other than county jails and police precincts.
  2. “Parole Operations Unit”, hereafter referred to as the POU, shall be defined as the unit within the SADOC which employs Parole Agents
  3. ”Parole Agents” are specially trained Correctional Officers who are responsible for the evaluation and release of potential parolees as well as the supervision of parolees throughout the state of San Andreas and the enforcement of parole conditions imposed on those parolees. These duties often take Parole Agents outside of the San Andreas Correctional Facility and into the jurisdictions of the San Andreas Sheriff’s Department and the Los Santos Police Department.
  4. ”Parole” shall be defined as the process in which inmates serving an active prison sentence are released from prison early under supervision with special conditions and are still under the authority of the SADOC.
  5. ”Parolees” shall be defined as inmates who, while still serving an active prison sentence, have been released from prison on supervision with special conditions and are still under the authority of the SADOC.
  6. ”Local Law Enforcement” shall be defined as any unit or person employed by the San Andreas Sheriff’s Department or the Los Santos Police Department.

Section 2. Authority of Parole Agents
  1. Parole Agents, while conducting their duties as part of the Parole Operations Unit, are considered peace officers and may detain and/or arrest parolees in their charge, should the Parole Agent establish that the parole conditions (see Section 3) have been breached.
  2. Parole Agents, while conducting their duties as part of the Parole Operations Unit, that discover a parolee has breached their parole condition relating to committing felony and/or misdemeanor offences (Section 3 subsection F), may detain the parolee in question and request Law Enforcement units to arrest the parolee for violation of their parole and charge them with the felony/misdemeanor offence.
  3. Parole Agents, while acting in an official capacity, may carry firearms and less lethal equipment.
  4. Parole Agents may utilise vehicles equipped with emergency lighting, for the purpose of signalling other traffic that they are acting as an emergency vehicle and are executing their duties for the Parole Operations Unit.
  5. Parole Agents may legally detain civilians for obstructing their duties, but must turn detained civilians over to local law enforcement to handle.
  6. Parole Agents may engage in a pursuit on foot should a parolee attempt to flee from Parole Agents during/prior to a check-up when the following circumstances are met:
    • At least two (2) Parole Agents are on site and able to pursue.
    • The parolee is doing so on foot.
    • The fleeing parolee is doing so alone, without assistance from any third party.
    • The fleeing parolee is not heading towards groups of people which may pose a threat to the Parole Agents their safety.
  7. Parole Agents have the authority, as agreed to by the Parolee as condition of their parole, to conduct random and unannounced searches of Parolees and their registered properties, in an effort to determine the Parolees compliance with the remaining conditions of their parole.
Section 3. Obligations of Parolees
  1. Parole conditions. These conditions are agreed to by the parolee before the parolee is eligible for conditional release from SACF. A parolee;
  2. Must have their phone turned on at all times
  3. Must stay away from any kind of illegal group / organisation
  4. May not drink alcohol or use narcotics
  5. May not carry any kind of weapon or illegal substances
  6. May not commit any kind of crime (except for citations/infractions)
  7. Must show proper respect to their Parole Agent
  8. May not interfere with the monitoring device (ankle monitor)
  9. Must comply with any searches of their person or registered property requested by Parole Agents

Section 4. Obligations of Law Enforcement
  1. Law Enforcement plays a vital role in the parole process. During encounters with parolees during the performance of their duties, police officers must follow certain protocol when interacting with parolees.
  2. If a police officer encounters a parolee committing a crime, the police officer is obligated by this Act to charge the parolee with certain additional charges.
  3. Police officers, when arresting parolees, must charge the parolee with 4(13). Violation of Probation or Parole, regardless of circumstances. This charge is mandatory for all parolees who are arrested during their parole period.
  4. In addition, the time the parolee had remaining before being released must be added onto the sentence of the charges pressed against them. This time is noted on the parolee’s criminal record and can be viewed by law enforcement during a routine MDC check.
  5. Law Enforcement Agencies will actively pursue the execution of warrants the SADOC relays to them, following a parolee evading re-capture. Following the successful execution of such warrant, the Law Enforcement Agency holding custody over the parolee will inform the SADOC of this information prior to processing and relay this information to the Parole Operations Unit.

  • This bill, if passed, shall come into effect seven (7) days after being signed.

    I hereby certify that the foregoing ordinance was passed by the Legislature of the State of San Andreas, at its meeting on this 17thth day of JUNE
    • Laos Mason
      State Clerk

      Approved on this 17th day of JUNE
      • Rakesh Namir
        Mayor of Los Santos and its associated, unincorporated counties

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