Section 3000.09 Of Article 1. General Provisions From California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 1.
3000.09
. (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.