Rule 4.541. Minimum contents of supervising agency reports

(a) Application This rule applies to supervising agency petitions for revocation of formal probation, parole, mandatory supervision under Penal Code section 1170(h)(5)(B), and postrelease community supervision under Penal Code section 3455.

(b) Definitions As used in this rule:

(1) “Supervised person” means any person subject to formal probation, parole, mandatory supervision under Penal Code section 1170(h)(5)(B), or community supervision under Penal Code section 3451.

(2) “Formal probation” means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer.

(3) “Court” includes any hearing officer appointed by a superior court and authorized to conduct revocation proceedings under Government Code section 71622.5.

(4) “Supervising agency” includes the county agency designated by the board of supervisors under Penal Code section 3451.

(c) Minimum contents Except as provided in (d), a petition for revocation of supervision must include a written report that contains at least the following information:

(1) Information about the supervised person, including:

(A) Personal identifying information, including name and date of birth;

(B) Custody status and the date and circumstances of arrest;

(C) Any pending cases and case numbers;

(D) The history and background of the supervised person, including a summary of the supervised person’s record of prior criminal conduct; and

(E) Any available information requested by the court regarding the supervised person’s risk of recidivism, including any validated risk-needs assessments;

(2) All relevant terms and conditions of supervision and the circumstances of the alleged violations, including a summary of any statement made by the supervised person, and any victim information, including statements and type and amount of loss;

(3) A summary of any previous violations and sanctions; and

(4) Any recommended sanctions.

(d) Subsequent reports If a written report was submitted as part of the original sentencing proceeding or with an earlier revocation petition, a subsequent report need only update the information required by (c). A subsequent report must include a copy of the original report if the original report is not contained in the court file.

**** Subdivision (e).Penal Code sections 3000.08(d) and 3454(b) authorize supervising agencies to impose appropriate responses to alleged violations of parole and postrelease community supervision without court intervention, including referral to a reentry court under Penal Code section 3015 or flash incarceration in a county jail. Penal Code sections 3000.08(f) and 3455(a) require the supervising agency to determine that the intermediate sanctions authorized by sections 3000.08(d) and 3454(b) are inappropriate responses to the alleged violationbeforefiling a petition to revoke parole or postrelease community supervision.

(e) Parole and Postrelease Community Supervision Reports In addition to the minimum contents described in (c), a report filed by the supervising agency in conjunction with a petition to revoke parole or postrelease community supervision must include the reasons for that agency’s determination that intermediate sanctions without court intervention as authorized by Penal Code sections 3000.08(f) or 3454(b) are inappropriate responses to the alleged violations.

Committee Notes

(Subd (a) amended effective July 1, 2013; previously amended effective November 1, 2012.)

(Subd (b) amended effective July 1, 2013; previously amended effective November 1, 2012.)

(Subd (c) adopted effective November 1, 2012; based on previous subd (b).)

(Subd (d) relettered and amended effective November 1, 2012; adopted as subd (c).)

(Subd (e) amended effective July 1, 2013; adopted effective November 1, 2012.)