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dorn22 · #1 10-06-2010, 10:50 PM

My son was just released and reported for his parole. They have him as a skinhead. He because of this was put on high risk. Mind you his term was for vandalizing a high school locker. He was a punk rocker. He has no tattoo's depicting racists crap, so don't know where they came up with it from. He did tell them when he was put in jail to house him with whites only because some one told him he should do that. But that is not saying he is a skinhead. What do they have to have to put him in this category and make him go down to local police department to register with a gang unit there? I'm lost and don't understand this, and he says he doesn't either. Other than being stupid in choices and meth addict.

Annabelle · #2 10-07-2010, 07:57 AM

I would talk to a supervisor at the parole office and ask them what proof do they have that he's a gang member. Make them show it to him. Hopefully, once they are challenged they'll remove that condition. I've seen appellate court rulings where parole conditions are modified because they are "too broad" when it comes to associating with gang members. Often times they write those conditions very broad where even you or I wouldn't be able to not violate.

Gryphon · #3 10-07-2010, 05:07 PM

The Dept. of parole is a state administrative agency. They have to follow their own regulations and decisions must meet a "rational basis" standard. that means they don't nee dmuch, but they need something. Administrative decisions are challenged via Writ of Mandate (since he's out of custody), but it works the same as a Writ of Habeus Corpus. For more information re writ procedure see "CA Writs and Appeals" published by CEB.
If this were litigated, it would be useful to hire a "gang expert". These are usually retired fomer police or FBI gang experts. An attorney could subpoena the materials supporting the gang label.
The parole officer might possibly tell your son why he has been labeled. The parole officer shouldn't be talking to you about that, but might.

Quote:

Originally Posted by dorn22

My son was just released and reported for his parole. They have him as a skinhead. He because of this was put on high risk. Mind you his term was for vandalizing a high school locker. He was a punk rocker. He has no tattoo's depicting racists crap, so don't know where they came up with it from. He did tell them when he was put in jail to house him with whites only because some one told him he should do that. But that is not saying he is a skinhead. What do they have to have to put him in this category and make him go down to local police department to register with a gang unit there? I'm lost and don't understand this, and he says he doesn't either. Other than being stupid in choices and meth addict.