Release on Bail, Release From Cusotody, Parole Conditions, Escape From Custody or Parole, Notification Requirements

There are several release conditions and notification requirements that arise in an arrest or conviction of a person accused of Stalking.

When a person after an arrest for Stalking requests that their bail be lowered the prosecutor must try to notify the victim(s), who may address the court on the bail issue.[1]

If a person is released on bail the court can order that: The person not contact the alleged victim(s) ; The person may not go within 100 yards of the alleged victim(s), their residence, or their place of employment; The person may possess no dangerous weapon; the person obey all laws; the person, if requested, must provide the court with his or her present or future residence address, his or her residence telephone number and a business address and telephone if employed; if any are violated the court will issue a no-bail warrant.[2]

Where a person arrested for Stalking is transferred to another facility, the transfer date and new location must be provided through the telephone number designated by the arresting agency. [3]

When a person arrested for Stalking in custody awaiting a court appearance in a facility other than a jail operated by the county sheriff and where the county operates no victim notification system, a telephone number must be provided for the public to inquire about the arrestee's bail status and actual or scheduled release date.[4] Where person arrested is first incarcerated in a jail operated by the county sheriff, the sheriff must designate this number. [5]

When a person convicted of Stalking is released from custodial confinement, and has imposed probation terms, or parole requirements after serving a sentence for Stalking, the facility from which they are released must if requested notify: the victim; a member of the victim’s family, any witnesses, a person who the victim designates, within 15 days of the release. Notice must also be given when a person convicted of Stalking on parole has an address change or a change in parole status, or if the convicted person deserts parole.

“Release” includes release from the state prison or a county jail after the required custodial term has been served, or to parole or probation supervision, or escape from an institution or reentry facility.[6] Notice must be given to law enforcement authorities in the event any of these occur.[7]

If the victim did not originally request notification under 646.92(a) and following notification to law enforcement authorities of an impending release of a person convicted of Stalking, the sheriff or chief of police must attempt to advise a victim, or the parent or guardian of a minor victim, of the right to notification and that the person convicted is to be released.[8]

The Department of Corrections and Rehabilitation or the county sheriff must give notice to the persons described in 646.92(a) when a person convicted of violating 646.9 escapes from an institution or reentry facility.[9]

All information relating to a notice recipient is confidential. [10]


[1] Section 646.93(b ) of the California Penal Code.

[2] Section 646.93(c) of the California Penal Code.

[3] Section 646.93(a)(3) of the California Penal Code.

[4] Section 646.93(a)(3) of the California Penal Code.

[5] Section 646.93(a)(1 ) of the California Penal Code.

[6] Section 646.92(c) of the California Penal Code.

[7] Section 3058.61 of the California Penal Code.

[8] Section 646.92(a) of the California Penal Code.

[9] Section 646.92(a) of the California Penal Code.

[10] Section 646.92(b) of the California Penal Code.