Cal.Sup.Ct.;
S230906

The California Supreme Court reversed a court of appeal decision. The court held that a parolee arrested for violating parole is entitled to a probable cause hearing within 15 days of his or her arrest.

Allen DeLeon was arrested on August 23, 2013, for violating parole. He was booked into county jail. A judicial officer reviewed the rules violation report, concluded there was probable cause to support revocation, and revoked DeLeon's parole supervision on September 6. A revocation hearing was scheduled for September 11. DeLeon moved to dismiss on the grounds that he did not get a probable cause hearing within 15 days of his arrest as required under Penal Code §3044. The trial court denied the motion. The court found DeLeon had violated parole and sentenced him to 180 days in custody.

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