California, United States of America
The following excerpt is from In re Palmer, 10 Cal.5th 959, 274 Cal.Rptr.3d 292, 479 P.3d 782 (Cal. 2021):
Parole "is a form of punishment accruing directly from the underlying conviction" and "is a direct consequence of a felony conviction and prison term." ( People v. Nuckles (2013) 56 Cal.4th 601, 609, 155 Cal.Rptr.3d 374, 298 P.3d 867.) Ordinarily, if a parolee violates a parole condition, the state may " return the individual to imprisonment without the burden of a new adversary criminal trial. " ( Ibid. ) The court today holds that because parole is "a distinct phase of punishment," a finding of excessive incarceration does not automatically entitle the defendant to termination of all custody, including parole. (Maj. opn., 274 Cal.Rptr.3d ante , at pp. 305306, 479 P.3d at pp. 794795.)
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