Can you please clarify code sections related to probation residency restrictions for my client and I? 3 Answers as of February 23, 2011

I have a client who is concerned about some correspondence she received from an inmate who is being released later this month. One of the letters indicates the inmate will not be permitted to reside in LA County because he was convicted of a crime with gang related charges. I am unclear if this is an automatic condition of parole, or if it is a special condition. Furthermore, I am not sure if the residency restriction also restricts him from entering the county for any reason, or if it is limited to him living in LA County. Any assistance on the Code sections related to residency restrictions in this context would be greatly appreciated.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
No such code sections exist. Case law forbids "banishment" which is what such a condition would be. Of course the condition of parole could be more limited and thus be lawful. It is a case by case matter.
Answer Applies to: California
Replied: 2/23/2011
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
I am not sure, but perhaps you can contact the probation department in the Court he was convicted in for clarification.
Answer Applies to: California
Replied: 12/6/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The inmate will have to discuss the specific details of restriction with his PO. The PO has essentially full discretion to make up the rules and conditions for the inmate. There is no chart or code for you to look at. You can represent and accompany the inmate in those discussions if desired, but I have frequently found that has limited positive effect on the POs attitude toward the inmate and the situation. The courts defer to the POs discretion almost always, if you were considering filing a motion to change terms.
Answer Applies to: California
Replied: 12/6/2010
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