3001
. (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.