Article 1. General Provisions of California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 1.
(a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family, and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence resulting in imprisonment in the state
prison pursuant to Section 1168 or 1170 shall include a period of
parole supervision or postrelease community supervision, unless
waived, or as otherwise provided in this article.
(2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
(3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
(4) For any person subject to a sexually violent predator
proceeding pursuant to Article 4 (commencing with Section 6600) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code, an order issued by a judge pursuant to Section 6601.5 of the
Welfare and Institutions Code, finding that the petition, on its
face, supports a finding of probable cause to believe that the
individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release, shall
toll the period of parole of that person, from the date that person
is released by the Department of Corrections and Rehabilitation as
follows:
(A) If the person is committed to the State Department of State
Hospitals as a sexually violent predator and subsequently a court
orders that the person be unconditionally discharged, the parole
period shall be tolled until the date the judge enters the order
unconditionally discharging that person.
(B) If the person is not committed to the State Department of
State Hospitals as a sexually violent predator, the tolling of the
parole period shall be abrogated and the parole period shall be
deemed to have commenced on the date of release from the Department
of Corrections and Rehabilitation.
(5) Paragraph (4) applies to persons released by the Department of
Corrections and Rehabilitation on or after January 1, 2012. Persons
released by the Department of Corrections and Rehabilitation prior to
January 1, 2012, shall continue to be subject to the law governing
the tolling of parole in effect on December 31, 2011.
(b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply to any inmate subject to Section 3000.08:
(1) In the case of any inmate sentenced under Section 1168 for a
crime committed prior to July 1, 2013, the period of parole shall not
exceed five years in the case of an inmate imprisoned for any
offense other than first or second degree murder for which the inmate
has received a life sentence, and shall not exceed three years in
the case of any other inmate, unless in either case the Board of
Parole Hearings for good cause waives parole and discharges the
inmate from custody of the department. This subdivision shall also be
applicable to inmates who committed crimes prior to July 1, 1977, to
the extent specified in Section 1170.2. In the case of any inmate
sentenced under Section 1168 for a crime committed on or after July
1, 2013, the period of parole shall not exceed five years in the case
of an inmate imprisoned for any offense other than first or second
degree murder for which the inmate has received a life sentence, and
shall not exceed three years in the case of any other inmate, unless
in either case the department for good cause waives parole and
discharges the inmate from custody of the department.
(2) (A) For a crime committed prior to July 1, 2013, at the
expiration of a term of imprisonment of one year and one day, or a
term of imprisonment imposed pursuant to Section 1170 or at the
expiration of a term reduced pursuant to Section 2931 or 2933, if
applicable, the inmate shall be released on parole for a period not
exceeding three years, except that any inmate sentenced for an
offense specified in paragraph (3), (4), (5), (6), (11), or (18) of
subdivision (c) of Section 667.5 shall be released on parole for a
period not exceeding 10 years, unless a longer period of parole is
specified in Section 3000.1.
(B) For a crime committed on or after July 1, 2013, at the
expiration of a term of imprisonment of one year and one day, or a
term of imprisonment imposed pursuant to Section 1170 or at the
expiration of a term reduced pursuant to Section 2931 or 2933, if
applicable, the inmate shall be released on parole for a period of
three years, except that any inmate sentenced for an offense
specified in paragraph (3), (4), (5), (6), (11), or (18) of
subdivision (c) of Section 667.5 shall be released on parole for a
period of 10 years, unless a longer period of parole is specified in
Section 3000.1.
(3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
subdivision (b) of Section 209, with the intent to commit a
specified sex offense, or Section 667.51, 667.61, or 667.71, the
period of parole shall be 10 years, unless a longer period of parole
is specified in Section 3000.1.
(4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the
case of a person convicted of and required to register as a sex
offender for the commission of an offense specified in Section 261,
262, 264.1, 286, 288a, paragraph (1) of subdivision (b) of Section
288, Section 288.5, or 289, in which one or more of the victims of
the offense was a child under 14 years of age, the period of parole
shall be 20 years and six months unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of this determination and transmit a copy
of it to the parolee.
(B) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
(C) There shall be a board hearing consistent with the procedures
set forth in Sections 3041.5 and 3041.7 within 12 months of the date
of any revocation of parole to consider the release of the inmate on
parole, and notwithstanding the provisions of paragraph (3) of
subdivision (b) of Section 3041.5, there shall be annual parole
consideration hearings thereafter, unless the person is released or
otherwise ineligible for parole release. The panel or board shall
release the person within one year of the date of the revocation
unless it determines that the circumstances and gravity of the parole
violation are such that consideration of the public safety requires
a more lengthy period of incarceration or unless there is a new
prison commitment following a conviction.
(D) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this subdivision.
(5) (A) The Board of Parole Hearings shall consider the request of
any inmate whose commitment offense occurred prior to July 1, 2013,
regarding the length of his or her parole and the conditions thereof.
(B) For an inmate whose commitment offense occurred on or after
July 1, 2013, except for those inmates described in Section 3000.1,
the department shall consider the request of the inmate regarding the
length of his or her parole and the conditions thereof. For those
inmates described in Section 3000.1, the Board of Parole Hearings
shall consider the request of the inmate regarding the length of his
or her parole and the conditions thereof.
(6) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), (3), or (4), as the case may be, whichever is
earlier, the inmate shall be discharged from custody. The date of the
maximum statutory period of parole under this subdivision and
paragraphs (1), (2), (3), and (4) shall be computed from the date of
initial parole and shall be a period chronologically determined. Time
during which parole is suspended because the prisoner has absconded
or has been returned to custody as a parole violator shall not be
credited toward any period of parole unless the prisoner is found not
guilty of the parole violation. However, the period of parole is
subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
(B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
(C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
(7) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority or the department, whichever is applicable, the
conditions of parole and the length of parole up to the maximum
period of time provided by law. The inmate has the right to
reconsideration of the length of parole and conditions thereof by the
department or the parole authority, whichever is applicable. The
Department of Corrections and Rehabilitation or the board may impose
as a condition of parole that a prisoner make payments on the
prisoner's outstanding restitution fines or orders imposed pursuant
to subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
(8) For purposes of this chapter, and except as otherwise
described in this section, the board shall be considered the parole
authority.
(9) (A) On and after July 1, 2013, the sole authority to issue
warrants for the return to actual custody of any state prisoner
released on parole rests with the court pursuant to Section 1203.2,
except for any escaped state prisoner or any state prisoner released
prior to his or her scheduled release date who should be returned to
custody, and Section 5054.1 shall apply.
(B) Notwithstanding subparagraph (A), any warrant issued by the
Board of Parole Hearings prior to July 1, 2013, shall remain in full
force and effect until the warrant is served or it is recalled by the
board. All prisoners on parole arrested pursuant to a warrant issued
by the board shall be subject to a review by the board prior to the
department filing a petition with the court to revoke the parole of
the petitioner.
(10) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.
Notwithstanding any other provision of law, the Department
of Corrections and Rehabilitation shall not return to prison, place
a parole hold on pursuant to Section 3056, or report any parole
violation to the Board of Parole Hearings or the court, as
applicable, regarding any person to whom all of the following
criteria apply:
(a) The person is not required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
(b) The person was not committed to prison for a serious felony as
defined in Sections 1192.7 and 1192.8, or a violent felony, as
defined in Section 667.5, and does not have a prior conviction for a
serious felony, as defined in Section 1192.7 and 1192.8, or a violent
felony, as defined in Section 667.5.
(c) The person was not committed to prison for a sexually violent
offense as defined in subdivision (b) of Section 6600 of the Welfare
and Institutions Code and does not have a prior conviction for a
sexually violent offense as defined in subdivision (b) of Section
6600 of the Welfare and Institutions Code.
(d) The person was not found guilty of a serious disciplinary
offense, as defined in regulation by the department, during his or
her current term of imprisonment.
(e) The person is not a validated prison gang member or associate,
as defined in regulation by the department.
(f) The person did not refuse to sign any forms, or provide any
samples, as required by Section 3060.5.
(g) The person was evaluated by the department using a validated
risk assessment tool and was not determined to pose a high risk to
reoffend.
(a) The Department of Corrections may contract with a
private debt collection agency or with the Franchise Tax Board,
whichever is more cost-effective, to make collections, on behalf of a
victim, from parolees who have failed to make restitution payments
according to the terms and conditions specified by the department.
(b) If a debt is referred to a private collection agency or to the
Franchise Tax Board pursuant to this section, the parolee shall be
given notice of that fact, either by the department in writing to his
or her address of record, or by his or her parole officer.
(a) Every inmate who has been convicted for any felony
violation of a "registerable sex offense" described in subdivision
(c) of Section 290 or any attempt to commit any of the
above-mentioned offenses and who is committed to prison and released
on parole pursuant to Section 3000 or 3000.1 shall be monitored by a
global positioning system for the term of his or her parole, or for
the duration or any remaining part thereof, whichever period of time
is less.
(b) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring. No inmate shall be denied parole on
the basis of his or her inability to pay for those monitoring costs.
(a) A person released from state prison prior to or on or
after July 1, 2013, after serving a prison term, or whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes is subject to parole supervision by the Department
of Corrections and Rehabilitation and the jurisdiction of the court
in the county in which the parolee is released, resides, or in which
an alleged violation of supervision has occurred, for the purpose of
hearing petitions to revoke parole and impose a term of custody:
(1) A serious felony as described in subdivision (c) of Section
1192.7.
(2) A violent felony as described in subdivision (c) of Section
667.5.
(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
(4) Any crime for which the person is classified as a high-risk
sex offender.
(5) Any crime for which the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.
(b) Notwithstanding any other law, all other offenders released
from prison shall be placed on postrelease supervision pursuant to
Title 2.05 (commencing with Section 3450).
(c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the court, or the
court may, in its discretion, issue a warrant for that person's
arrest pursuant to Section 1203.2. Notwithstanding Section 3056, and
unless the parolee is otherwise serving a period of flash
incarceration, whenever a supervised person who is subject to this
section is arrested, with or without a warrant or the filing of a
petition for revocation as described in subdivision (f), the court
may order the release of the parolee from custody under any terms and
conditions the court deems appropriate.
(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a city or a county jail. Periods of "flash
incarceration," as defined in subdivision (e) are encouraged as one
method of punishment for violations of a parolee's conditions of
parole. This section does not preclude referrals to a reentry court
pursuant to Section 3015.
(e) "Flash incarceration" is a period of detention in a city or a
county jail due to a violation of a parolee's conditions of parole.
The length of the detention period can range between one and 10
consecutive days. Shorter, but if necessary more frequent, periods of
detention for violations of a parolee's conditions of parole shall
appropriately punish a parolee while preventing the disruption in a
work or home establishment that typically arises from longer periods
of detention.
(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2, petition
either the court in the county in which the parolee is being
supervised or the court in the county in which the alleged violation
of supervision occurred, to revoke parole. At any point during the
process initiated pursuant to this section, a parolee may waive, in
writing, his or her right to counsel, admit the parole violation,
waive a court hearing, and accept the proposed parole modification or
revocation. The petition shall include a written report that
contains additional information regarding the petition, including the
relevant terms and conditions of parole, the circumstances of the
alleged underlying violation, the history and background of the
parolee, and any recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the court shall have authority to
do any of the following:
(1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
(2) Revoke parole and order the person to confinement in the
county jail.
(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
(g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
(h) Notwithstanding any other law, if Section 3000.1 or paragraph
(4) of subdivision (b) of Section 3000 applies to a person who is on
parole and the court determines that the person has committed a
violation of law or violated his or her conditions of parole, the
person on parole shall be remanded to the custody of the Department
of Corrections and Rehabilitation and the jurisdiction of the Board
of Parole Hearings for the purpose of future parole consideration.
(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
(j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, are subject to
the jurisdiction of the Board of Parole Hearings. Parole revocation
proceedings conducted by the Board of Parole Hearings prior to July
1, 2013, if reopened on or after July 1, 2013, are subject to the
jurisdiction of the Board of Parole Hearings.
(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and who
still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.
(l) Any person released to parole supervision pursuant to
subdivision (a) shall, regardless of any subsequent determination
that the person should have been released pursuant to subdivision
(b), remain subject to subdivision (a) after having served 60 days
under supervision pursuant to subdivision (a).
(a) Notwithstanding any other law, any parolee who was
paroled from state prison prior to October 1, 2011, shall be subject
to this section.
(b) Parolees subject to this section shall remain under
supervision by the Department of Corrections and Rehabilitation until
one of the following occurs:
(1) Jurisdiction over the person is terminated by operation of
law.
(2) The supervising agent recommends to the Board of Parole
Hearings that the offender be discharged and the parole authority
approves the discharge.
(3) The offender is subject to a period of parole of up to three
years pursuant to paragraph (1) of subdivision (b) of Section 3000
and was not imprisoned for committing a violent felony, as defined in
subdivision (c) of Section 667.5, a serious felony, as defined by
subdivision (c) of Section 1192.7, or is required to register as a
sex offender pursuant to Section 290, and completes six consecutive
months of parole without violating their conditions, at which time
the supervising agent shall review and make a recommendation on
whether to discharge the offender to the Board of Parole Hearings and
the Board of Parole Hearings approves the discharge.
(c) Parolees subject to this section who are being held for a
parole violation in state prison on October 1, 2011, upon completion
of a revocation term on or after November 1, 2011, shall either
remain under parole supervision of the department pursuant to Section
3000.08 or shall be placed on postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450). Any person
placed on postrelease community supervision pursuant to Title 2.05
(commencing with Section 3450) after serving a term for a parole
revocation pursuant to this subdivision shall serve a period of
postrelease supervision that is no longer than the time period for
which the person would have served if the person remained on parole.
Notwithstanding Section 3000.08, any parolee who is in a county jail
serving a term of parole revocation or being held pursuant to Section
3056 on October 1, 2011, and is released directly from county jail
without returning to a state facility on or after October 1, 2011,
shall remain under the parole supervision of the department. Any
parolee that is pending final adjudication of a parole revocation
charge prior to October 1, whether located in county jail or state
prison, may be returned to state prison and shall be confined
pursuant to subdivisions (a) to (d), inclusive, of Section 3057. Any
subsequent parole revocations of a parolee on postrelease community
supervision shall be served in county jail pursuant to Section 3056.
(d) Any parolee who was paroled prior to October 1, 2011, who
commits a violation of parole shall, until July 1, 2013, be subject
to parole revocation procedures in accordance with the rules and
regulations of the department consistent with Division 2 of Title 15
of the California Code of Regulations. On and after July 1, 2013, any
parolee who was paroled prior to October 1, 2011, shall be subject
to the procedures established under Section 3000.08.
(a) (1) In the case of any inmate sentenced under Section
1168 for any offense of first or second degree murder with a maximum
term of life imprisonment, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
(2) Notwithstanding any other law, in the case of any inmate
sentenced to a life term under subdivision (b) of Section 209, if
that offense was committed with the intent to commit a specified
sexual offense, Section 269 or 288.7, subdivision (c) of Section
667.51, Section 667.71 in which one or more of the victims of the
offense was a child under 14 years of age, or subdivision (j), (l),
or (m) of Section 667.61, the period of parole, if parole is granted,
shall be the remainder of the inmate's life.
(b) Notwithstanding any other law, when any person referred to in
paragraph (1) of subdivision (a) has been released on parole from the
state prison, and has been on parole continuously for seven years in
the case of any person imprisoned for first degree murder, and five
years in the case of any person imprisoned for second degree murder,
since release from confinement, the board shall, within 30 days,
discharge that person from parole, unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of its determination and transmit a copy
of it to the parolee.
(c) In the event of a retention on parole pursuant to subdivision
(b), the parolee shall be entitled to a review by the board each year
thereafter.
(d) There shall be a hearing as provided in Sections 3041.5 and
3041.7 within 12 months of the date of any revocation of parole of a
person referred to in subdivision (a) to consider the release of the
inmate on parole and, notwithstanding paragraph (3) of subdivision
(b) of Section 3041.5, there shall be annual parole consideration
hearings thereafter, unless the person is released or otherwise
ineligible for parole release. The panel or board shall release the
person within one year of the date of the revocation unless it
determines that the circumstances and gravity of the parole violation
are such that consideration of the public safety requires a more
lengthy period of incarceration or unless there is a new prison
commitment following a conviction.
(e) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.
(a) (1) Notwithstanding any other provision of law, when any
person referred to in paragraph (2) of subdivision (b) of Section
3000 who was not imprisoned for committing a violent felony, as
defined in subdivision (c) of Section 667.5, not imprisoned for a
serious felony, as defined by subdivision (c) of Section 1192.7, or
is not required to register as a sex offender pursuant to Section
290, has been released on parole from the state prison, and has been
on parole continuously for six months since release from confinement,
within 30 days, that person shall be discharged from parole, unless
the Department of Corrections and Rehabilitation recommends to the
Board of Parole Hearings that the person be retained on parole and
the board, for good cause, determines that the person will be
retained.
(2) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) of subdivision (b) of Section 3000 who
is required to register as a sex offender pursuant to the Sex
Offender Registration Act or who was imprisoned for committing a
serious felony described in either subdivision (c) of Section 1192.7
or subdivision (a) of Section 1192.8, has been released on parole
from the state prison, and has been on parole continuously for one
year since release from confinement, within 30 days, that person
shall be discharged from parole, unless the Department of Corrections
and Rehabilitation recommends to the Board of Parole Hearings that
the person be retained on parole and the board, for good cause,
determines that the person will be retained.
(3) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) of subdivision (b) of Section 3000 who
was imprisoned for committing a violent felony, as defined in
subdivision (c) of Section 667.5, has been released on parole from
the state prison for a period not exceeding three years and has been
on parole continuously for two years since release from confinement,
or has been released on parole from the state prison for a period not
exceeding five years and has been on parole continuously for three
years since release from confinement, the department shall discharge,
within 30 days, that person from parole, unless the department
recommends to the board that the person be retained on parole and the
board, for good cause, determines that the person will be retained.
The board shall make a written record of its determination and the
department shall transmit a copy thereof to the parolee.
(4) This subdivision shall apply only to those persons whose
commitment offense occurred prior to the effective date of the act
adding this paragraph.
(b) Notwithstanding any other provision of law, when any person
referred to in paragraph (1) of subdivision (b) of Section 3000, with
the exception of persons described in paragraph (2) of subdivision
(a) of Section 3000.1, has been released on parole from the state
prison, and has been on parole continuously for three years since
release from confinement, the board shall discharge, within 30 days,
the person from parole, unless the board, for good cause, determines
that the person will be retained on parole. The board shall make a
written record of its determination and the department shall transmit
a copy of that determination to the parolee.
(c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years and six months since release from
confinement, the board shall discharge, within 30 days, the person
from parole, unless the board, for good cause, determines that the
person will be retained on parole. The board shall make a written
record of its determination and the department shall transmit a copy
thereof to the parolee.
(d) In the event of a retention on parole, the parolee shall be
entitled to a review by the Board of Parole Hearings each year
thereafter until the maximum statutory period of parole has expired.
(e) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.
(f) The Department of Corrections and Rehabilitation shall, within
60 days from the date that the act adding this subdivision is
effective, submit to the Board of Parole Hearings recommendations
pursuant to paragraph (2) of subdivision (a) for any person described
in that paragraph who has been released from state prison from
October 1, 2010, to the effective date of this subdivision, and who
has been on parole continuously for one year since his or her release
from confinement. A person who meets the criteria in this
subdivision who are not retained on parole by the Board of Parole
Hearings by the 91st day after the effective date of this subdivision
shall be discharged from parole.
(g) The amendments made to subdivision (a) during the 2011-12
Regular Session and the First Extraordinary Session of the
Legislature shall apply prospectively from October 1, 2011, and no
person on parole prior to October 1, 2011, shall be discharged from
parole pursuant to subdivision (a) unless one of the following
circumstances exist:
(1) The person has been on parole continuously for six consecutive
months after October 1, 2011, and the person is not retained by the
Board of Parole Hearings for good cause.
(2) The person has, on or after October 1, 2011, been on parole
for one year and the Board of Parole Hearings does not retain the
person for good cause.
In considering the imposition of conditions of parole upon a
prisoner convicted of violating any section of this code in which a
minor is a victim of an act of abuse or neglect, the Department of
Corrections shall provide for a psychological evaluation to be
performed on the prisoner to determine the extent of counseling which
may be mandated as a condition of parole. Such examination may be
performed by psychiatrists, psychologists, or licensed clinical
social workers.
(a) Except as otherwise provided in this section, an inmate
who is released on parole or postrelease supervision as provided by
Title 2.05 (commencing with Section 3450) shall be returned to the
county that was the last legal residence of the inmate prior to his
or her incarceration. For purposes of this subdivision, "last legal
residence" shall not be construed to mean the county wherein the
inmate committed an offense while confined in a state prison or local
jail facility or while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Parole Hearings setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections and Rehabilitation setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
(1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c) The Department of Corrections and Rehabilitation, in
determining an out-of-county commitment, shall give priority to the
safety of the community and any witnesses and victims.
(d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
(e) (1) The following information, if available, shall be released
by the Department of Corrections and Rehabilitation to local law
enforcement agencies regarding a paroled inmate or inmate placed on
postrelease community supervision pursuant to Title 2.05 (commencing
with Section 3450) who is released in their jurisdictions:
(A) Last, first, and middle names.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole or placement on postrelease community
supervision and discharge.
(E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
(F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that
resulted in parole or postrelease community supervision in this
instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
(K) Contact officer and unit, including all of the following
information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
(M) A geographic coordinate for the inmate's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(2) Unless the information is unavailable, the Department of
Corrections and Rehabilitation shall electronically transmit to the
county agency identified in subdivision (a) of Section 3451 the
inmate's tuberculosis status, specific medical, mental health, and
outpatient clinic needs, and any medical concerns or disabilities for
the county to consider as the offender transitions onto postrelease
community supervision pursuant to Section 3450, for the purpose of
identifying the medical and mental health needs of the individual.
All transmissions to the county agency shall be in compliance with
applicable provisions of the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal
Health Information Technology for Clinical Health Act (HITECH)
(Public Law 111-005), and the implementing of privacy and security
regulations in Parts 160 and 164 of Title 45 of the Code of Federal
Regulations. This paragraph shall not take effect until the Secretary
of the United States Department of Health and Human Services, or his
or her designee, determines that this provision is not preempted by
HIPAA.
(3) Except for the information required by paragraph (2), the
information required by this subdivision shall come from the
statewide parolee database. The information obtained from each source
shall be based on the same timeframe.
(4) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
(5) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other law, an inmate who is released on
parole shall not be returned to a location within 35 miles of the
actual residence of a victim of, or a witness to, a violent felony as
defined in paragraphs (1) to (7), inclusive, and paragraph (16) of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on a person other than an accomplice
that has been charged and proved as provided for in Section 12022.53,
12022.7, or 12022.9, if the victim or witness has requested
additional distance in the placement of the inmate on parole, and if
the Board of Parole Hearings or the Department of Corrections and
Rehabilitation finds that there is a need to protect the life,
safety, or well-being of a victim or witness.
(g) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for the duration of his or her
parole, within one-half mile of a public or private school including
any or all of kindergarten and grades 1 to 12, inclusive.
(h) Notwithstanding any other law, an inmate who is released on
parole or postrelease community supervision for a stalking offense
shall not be returned to a location within 35 miles of the victim's
actual residence or place of employment if the victim or witness has
requested additional distance in the placement of the inmate on
parole or postrelease community supervision, and if the Board of
Parole Hearings or the Department of Corrections and Rehabilitation,
or the supervising county agency, as applicable, finds that there is
a need to protect the life, safety, or well-being of the victim. If
an inmate who is released on postrelease community supervision cannot
be placed in his or her county of last legal residence in compliance
with this subdivision, the supervising county agency may transfer
the inmate to another county upon approval of the receiving county.
(i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
(j) An inmate may be paroled to another state pursuant to any
other law. The Department of Corrections and Rehabilitation shall
coordinate with local entities regarding the placement of inmates
placed out of state on postrelease community supervision pursuant to
Title 2.05 (commencing with Section 3450).
(k) (1) Except as provided in paragraph (2), the Department of
Corrections and Rehabilitation shall be the agency primarily
responsible for, and shall have control over, the program, resources,
and staff implementing the Law Enforcement Automated Data System
(LEADS) in conformance with subdivision (e). County agencies
supervising inmates released to postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450) shall provide
any information requested by the department to ensure the
availability of accurate information regarding inmates released from
state prison. This information may include the issuance of warrants,
revocations, or the termination of postrelease community supervision.
On or before August 1, 2011, county agencies designated to supervise
inmates released to postrelease community supervision shall notify
the department that the county agencies have been designated as the
local entity responsible for providing that supervision.
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
(l) In addition to the requirements under subdivision (k), the
Department of Corrections and Rehabilitation shall submit to the
Department of Justice data to be included in the supervised release
file of the California Law Enforcement Telecommunications System
(CLETS) so that law enforcement can be advised through CLETS of all
persons on postrelease community supervision and the county agency
designated to provide supervision. The data required by this
subdivision shall be provided via electronic transfer.
(a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during the
period of parole, reside in any single family dwelling with any other
person also required to register pursuant to Section 290, unless
those persons are legally related by blood, marriage, or adoption.
For purposes of this section, "single family dwelling" shall not
include a residential facility which serves six or fewer persons.
(b) Notwithstanding any other provision of law, it is unlawful for
any person for whom registration is required pursuant to Section 290
to reside within 2000 feet of any public or private school, or park
where children regularly gather.
(c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290.
(a) Every person who is required to register pursuant to
Section 290, based upon the commission of an offense against a minor,
is prohibited from residing, except as a client, and from working or
volunteering in any of the following:
(1) A child day care facility or children's residential facility
that is licensed by the State Department of Social Services, a home
certified by a foster family agency, or a home approved by a county
child welfare services agency.
(2) A home or facility that receives a placement of a child who
has been, or may be, declared a dependent child of the juvenile court
pursuant to Section 300 of the Welfare and Institutions Code or who
has been, or may be, declared a ward of the juvenile court pursuant
to Section 601 or 602 of the Welfare and Institutions Code.
(b) Any person who violates this section is guilty of a
misdemeanor.
(c) Nothing in this section shall limit the authority of the State
Department of Social Services to deny a criminal record exemption
request and to take an action to exclude an individual from residing,
working, or volunteering in a licensed facility pursuant to Sections
1522, 1569.09, 1569.17, or 1596.871 of the Health and Safety Code.
(a) Notwithstanding any other law, the Board of Parole
Hearings, the court, or the supervising parole authority may require,
as a condition of release on parole or reinstatement on parole, or
as an intermediate sanction in lieu of return to custody, that an
inmate or parolee agree in writing to the use of electronic
monitoring or supervising devices for the purpose of helping to
verify his or her compliance with all other conditions of parole. The
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the parolee and the agent supervising
the parolee which is to be used solely for the purposes of voice
identification.
(b) Every inmate who has been convicted for any felony violation
of a "registerable sex offense" described in subdivision (c) of
Section 290 or any attempt to commit any of the above-mentioned
offenses and who is committed to prison and released on parole
pursuant to Section 3000 or 3000.1 shall be monitored by a global
positioning system for life.
(c) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring.
(a) The Department of Corrections may require parolees
participating in relapse prevention treatment programs or receiving
medication treatments intended to prevent them from committing sex
offenses to pay some or all of the costs associated with this
treatment, subject to the person's ability to pay.
(b) For the purposes of this section, "ability to pay" means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing sex offender treatment, and shall
include, but shall not be limited to, consideration of all of the
following factors:
(1) Present financial position.
(2) Reasonably discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment
after the date of parole.
(4) Any other factor or factors which may bear upon the person's
financial capability to reimburse the department for the costs.
The Department of Corrections and Rehabilitation shall
require a research component for any sex offender treatment contract
funded by the department. The research component shall enable the
department's research unit or an independent contractor to evaluate
the effectiveness of each contract on reducing the rate of recidivism
of the participants in the program funded by a contract. The
research findings shall be compiled annually in a report due to the
Legislature January 10 of each year.
(a) The Department of Corrections and Rehabilitation and
the Department of Motor Vehicles shall ensure that all eligible
inmates released from state prisons have valid identification cards,
issued pursuant to Article 5 (commencing with Section 13000) of
Chapter 1 of Division 6 of the Vehicle Code.
(b) For purposes of this section, "eligible inmate" means an
inmate who meets all of the following requirements:
(1) The inmate has previously held a California driver's license
or identification card.
(2) The inmate has a usable photo on file with the Department of
Motor Vehicles that is not more than 10 years old.
(3) The inmate has no outstanding fees due for a prior California
identification card.
(4) The inmate has provided, and the Department of Motor Vehicles
has verified, all of the following information:
(A) The inmate's true full name.
(B) The inmate's date of birth.
(C) The inmate's social security number.
(D) The inmate's legal presence in the United States.
(c) The Department of Corrections and Rehabilitation shall assist
a person who is exonerated as to a conviction for which he or she is
serving a state prison sentence at the time of exoneration with
transitional services, including housing assistance, job training,
and mental health services, as applicable. The extent of the services
shall be determined by the department and shall be provided for a
period of not less than six months and not more than one year from
the date of release.
(d) For the purposes of this section, "exonerated" means the
person has been convicted and subsequently either of the following
occurred:
(1) A writ of habeas corpus concerning the person was granted on
the basis that the evidence unerringly points to innocence, or the
person's conviction was reversed on appeal on the basis of
insufficient evidence.
(2) The person was given an absolute pardon by the governor on the
basis that the person was innocent.