CHAPTER 8. Length of Term of Imprisonment and Paroles [3000. - 3089.]
Heading of Chapter 8 renumbered from Chapter 7 by Stats. 1941, Ch. 893.
§§ 3000–3089 · 120 sections
ARTICLE 1. General Provisions §§ 3000–3007.09 · 20 sections
- § 3000 (a) (1) The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into…
- § 3000.01 (a) This section applies to persons released from state prison on or after July 1, 2020, and who are subject to the jurisdiction of, and parole supervision by,…
- § 3000.02 (a) This section shall be known, and may be cited, as the California MAT Re-Entry Incentive Program. (b) A person shall be eligible for a 30-day reduction to…
- § 3000.03 Notwithstanding any other provision of law, the Department of Corrections and Rehabilitation shall not return to prison, place a parole hold on pursuant to…
- § 3000.05 (a) The Department of Corrections and Rehabilitation may contract with a private debt collection agency or with the Franchise Tax Board, whichever is more…
- § 3000.07 (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…
- § 3000.08 (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…
- § 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…
- § 3000.1 (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…
- § 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…
- § 3002 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…
- § 3003 (a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05…
- § 3003.5 (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…
- § 3003.6 (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,…
- § 3004 (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…
- § 3006 (a) The Department of Corrections may require parolees participating in relapse prevention treatment programs or receiving medication treatments intended to…
- § 3007 The Department of Corrections and Rehabilitation shall require a research component for any sex offender treatment contract funded by the department. The…
- § 3007.05 (a) (1) The Department of Corrections and Rehabilitation and the Department of Motor Vehicles shall ensure that an eligible inmate, as defined under…
- § 3007.08 (a) The Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Department of Motor Vehicles shall ensure that an eligible juvenile…
- § 3007.09 The department shall, upon release, provide each inmate informational written materials, in a format prescribed by the department, regarding vocational…
ARTICLE 1.5. Intensive Parole Supervision of Sex Offenders § 3008 · 1 section
- § 3008 (a) The Department of Corrections and Rehabilitation shall ensure that all parolees under active supervision who are deemed to pose a high risk to the public…
ARTICLE 2. Electronic Monitoring §§ 3010–3010.10 · 10 sections
- § 3010 (a) Notwithstanding any other provisions of law, the Department of Corrections and Rehabilitation may utilize continuous electronic monitoring to…
- § 3010.1 The department may utilize a continuous electronic monitoring device, as distinguished from an electronic monitoring device as described in Section 3004,…
- § 3010.2 (a) A continuous electronic monitoring system may have the capacity to immediately notify the department of violations, actual or suspected, of the terms of…
- § 3010.3 The department shall establish the following standards as are necessary to enhance public safety: (a) Standards for the minimum time interval between…
- § 3010.4 (a) The department, operating a system of continuous electronic monitoring pursuant to this section, shall establish prohibitions against unauthorized access…
- § 3010.5 (a) The department shall have the sole discretion to decide which persons shall be supervised using continuous electronic monitoring administered by the…
- § 3010.6 A parole officer may revoke, in his or her discretion, the continuous monitoring of any individual.
- § 3010.7 Whenever a parole officer supervising an individual has reasonable cause to believe that the individual is not complying with the rules or conditions set forth…
- § 3010.9 It is the intent of the Legislature that continuous electronic monitoring established pursuant to this article maintain the highest public confidence,…
- § 3010.10 (a) A person who is required to register as a sex offender pursuant to Section 290 as a condition of parole shall report to his or her parole officer within…
ARTICLE 2.3. Parole Reentry Accountability Program § 3015 · 1 section
- § 3015 (a) The Secretary of the Department of Corrections and Rehabilitation shall establish a parole reentry accountability program for parolees who have been…
ARTICLE 2.4. Case Management Reentry Pilot Program § 3016 · 1 section
- § 3016 (a) The Secretary of the Department of Corrections and Rehabilitation shall establish the Case Management Reentry Pilot Program for offenders under the…
ARTICLE 2.5. Interdisciplinary Assessment of Inmates §§ 3020–3021 · 2 sections
- § 3020 The Department of Corrections and Rehabilitation shall conduct assessments of all inmates that include, but are not limited to, data regarding the inmate’s…
- § 3021 A credentialed teacher, vice principal, or principal shall provide input relating to the academic or vocational education program placement of an inmate…
ARTICLE 3. Paroles §§ 3040–3073.1 · 69 sections
- § 3040 The Board of Parole Hearings shall have the power to allow prisoners imprisoned in the state prisons pursuant to subdivision (b) of Section 1168 to go upon…
- § 3041 (a) (1) In the case of any inmate sentenced pursuant to any law, other than Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, the Board of…
- § 3041.1 (a) Any time before an inmate’s release, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any…
- § 3041.2 (a) During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison…
- § 3041.5 (a) At all hearings for the purpose of reviewing an inmate’s parole suitability, or the setting, postponing, or rescinding of parole, with the exception of en…
- § 3041.6 The Board of Parole Hearings may conduct proceedings by videoconference. All references in this article and Article 4 of Chapter 7 (commencing with Section…
- § 3041.7 At any hearing for the purpose of setting, postponing, or rescinding a parole release date of an inmate under a life sentence, the inmate shall be entitled to…
- § 3041.8 (a) The Board of Parole Hearings shall translate all of the following documents into the five most common languages spoken by incarcerated persons who are…
- § 3042 (a) (1) At least 30 days before the Board of Parole Hearings meets to review or consider the parole suitability of any inmate sentenced to a life sentence, the…
- § 3043 (a) (1) Upon request to the Department of Corrections and Rehabilitation and verification of the identity of the requester, notice of any hearing to review or…
- § 3043.1 Notwithstanding any other law, a victim, his or her next of kin, or any immediate family member of the victim who appears at any hearing to review or consider…
- § 3043.2 (a) (1) In lieu of personal appearance at any hearing to review the parole suitability, the Board of Parole Hearings shall permit the victim, his or her next…
- § 3043.25 Any victim, next of kin, members of the victim’s immediate family, or representatives designated for a particular hearing by the victim or next of kin in…
- § 3043.3 As used in Sections 3043, 3043.1, 3043.2, and 3043.25, the term “immediate family” shall include the victim’s spouse, parent, grandparent, brother, sister, and…
- § 3043.5 (a) This section shall be known as the “Condit-Nolan Public Participation in Parole Act of 1984.” (b) Any person interested in the grant or denial of parole to…
- § 3043.6 Any person authorized to appear at a parole hearing pursuant to Section 3043, or a prosecutor authorized to represent the views of the victim, his or her…
- § 3044 (a) Notwithstanding any other law, the Board of Parole Hearings or its successor in interest shall be the state’s parole authority and shall be responsible for…
- § 3045 Any sentence based on conviction of crime of which the person was previously pardoned on the express ground that he was not guilty shall not be counted as a…
- § 3046 (a) An inmate imprisoned under a life sentence shall not be paroled until he or she has served the greater of the following: (1) A term of at least seven…
- § 3049 In all other cases not heretofore provided for, no prisoner sentenced prior to July 1, 1977 may be paroled until he has served the minimum term of imprisonment…
- § 3049.5 Notwithstanding the provisions of Section 3049, any prisoner selected for inclusion in a specific research program approved by the Board of Corrections may be…
- § 3050 (a) Notwithstanding any other provision of law, any inmate under the custody of the Department of Corrections and Rehabilitation who is not currently serving…
- § 3051 (a) (1) A youth offender parole hearing is a hearing by the Board of Parole Hearings for the purpose of reviewing the parole suitability of any prisoner who…
- § 3051.1 (a) Notwithstanding subdivision (i) of Section 3051, the board shall complete all youth offender parole hearings for individuals who were sentenced to…
- § 3052 The Board of Parole Hearings shall have the power to establish and enforce rules and regulations under which inmates committed to state prisons may be allowed…
- § 3053 (a) The Board of Parole Hearings upon granting any parole to any prisoner may also impose on the parole any conditions that it may deem proper. (b) The Board…
- § 3053.2 (a) Upon the request of the victim, or the victim’s parent or legal guardian if the victim is a minor, the Board of Parole Hearings or the supervising parole…
- § 3053.4 In the case of any person who is released from prison on parole or after serving a term of imprisonment for any felony offense committed against the person or…
- § 3053.5 Upon granting parole to any prisoner convicted of any of the offenses enumerated in Section 290, the Board of Parole Hearings shall inquire into the question…
- § 3053.6 (a) Where a person committed to prison for a sex crime for which registration is required pursuant to Section 290 is to be released on parole, the department,…
- § 3053.8 (a) Notwithstanding any other law, when a person is released on parole after having served a term of imprisonment for any of the offenses specified in…
- § 3053.9 If an inmate has a prior conviction for a sexually violent offense, as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, the…
- § 3054 (a) (1) The Department of Corrections shall establish three pilot programs that provide intensive training and counseling programs for female parolees to…
- § 3055 (a) The Elderly Parole Program is hereby established, to be administered by the Board of Parole Hearings, for purposes of reviewing the parole suitability of…
- § 3056 (a) Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b) or as…
- § 3057 (a) Confinement pursuant to a revocation of parole in the absence of a new conviction and commitment to prison under other provisions of law, shall not exceed…
- § 3058 Any person who knowingly and wilfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted…
- § 3058.4 (a) All parole officers shall report to the appropriate child protective agency if a person paroled following a conviction of Section 273a, 273ab, or 273d, or…
- § 3058.5 The Department of Corrections shall provide within 10 days, upon request, to the chief of police of a city or the sheriff of a county, information available to…
- § 3058.6 (a) Whenever any person confined to state prison is serving a term for the conviction of a violent felony listed in subdivision (c) of Section 667.5, the…
- § 3058.61 Whenever any person confined to state prison is serving a term for a conviction of Section 646.9, the Department of Corrections shall notify by mail, at least…
- § 3058.65 (a) (1) Whenever any person confined in the state prison is serving a term for the conviction of child abuse, pursuant to Section 273a, 273ab, 273d, any sex…
- § 3058.7 (a) Whenever any sheriff or chief of police is notified of the pending release of a convicted violent felon pursuant to Section 3058.6, that sheriff or chief…
- § 3058.8 (a) At the time a notification is sent pursuant to subdivision (a) of Section 3058.6, the Board of Parole Hearings or the Department of Corrections and…
- § 3058.9 (a) Whenever any person confined to state prison is serving a term for the conviction of child abuse pursuant to Section 273a, 273ab, 273d, or any sex offense…
- § 3059 If any paroled prisoner shall leave the state without permission of his or her supervising parole agency, he or she shall be held as an escaped prisoner and…
- § 3060.1 Upon the revocation of the parole of any prisoner who was ordered by the court to pay an additional restitution fine pursuant to Section 1202.45, but which was…
- § 3060.5 Notwithstanding any other provision of law, the parole authority shall revoke the parole of any prisoner who refuses to sign any form required by the…
- § 3060.6 Notwithstanding any other provision of law, on or after January 1, 2001, whenever any paroled person is returned to custody or has his or her parole revoked…
- § 3060.7 (a) (1) Notwithstanding any other law, the supervising parole agency shall notify any person released on parole or postrelease community supervision pursuant…
- § 3060.9 (a) The Department of Corrections and Rehabilitation is hereby authorized to expand the use of parole programs or services to improve the rehabilitation of…
- § 3062 The Governor of the state shall have like power to revoke the parole of any prisoner. The written authority of the Governor shall likewise be sufficient to…
- § 3063 No parole shall be suspended or revoked without cause, which cause must be stated in the order suspending or revoking the parole.
- § 3063.1 (a) Notwithstanding any other provision of law, and except as provided in subdivision (d), parole shall not be suspended or revoked for commission of a…
- § 3063.2 In a case where a parolee had been ordered to undergo drug treatment as a condition of parole pursuant to Section 3063.1, any drug testing of the parolee shall…
- § 3063.5 In parole revocation or revocation extension proceedings, a parolee or his or her attorney shall receive a copy of any police, arrest, and crime reports,…
- § 3063.6 Parole revocation proceedings and parole revocation extension proceedings may be conducted by a panel of one person.
- § 3064 From and after the suspension or revocation of the parole of any prisoner and until his return to custody he is an escapee and fugitive from justice and no…
- § 3065 Except as otherwise provided in Section 1170.2 and Article 1 (commencing with Section 3000) of this chapter, the provisions of this article are to apply to all…
- § 3066 Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code…
- § 3067 (a) Any inmate who is eligible for release on parole pursuant to this chapter or postrelease community supervision pursuant to Title 2.05 (commencing with…
- § 3068 (a) The Department of Corrections shall operate the Preventing Parolee Crime Program with various components, including, at a minimum, residential and…
- § 3069 (a) The Department of Corrections and Rehabilitation is hereby authorized to create the Parole Violation Intermediate Sanctions (PVIS) program. The purpose of…
- § 3069.5 (a) The department, in consultation with the Legislative Analyst’s Office, shall, contingent upon funding, conduct an evaluation of the PVIS program. (b) A…
- § 3070 The Department of Corrections shall develop and report, utilizing existing resources, to the Legislature by December 31, 2000, a plan that would ensure by…
- § 3071 The Department of Corrections shall implement, by January 1, 2002, a course of instruction for the training of parole officers in California in the management…
- § 3072 (a) The Department of Corrections and Rehabilitation, subject to the legislative appropriation of the necessary funds, may establish and operate, after January…
- § 3073 The Department of Corrections and Rehabilitation is hereby authorized to obtain day treatment, and to contract for crisis care services, for parolees with…
- § 3073.1 Counties are hereby authorized to contract with the Department of Corrections and Rehabilitation in order to obtain correctional clinical services for inmates…
ARTICLE 3.5. County Boards of Parole Commissioners §§ 3074–3089 · 16 sections
- § 3074 The Legislature finds and declares that the period immediately following incarceration is critical to successful reintegration of the offender into society and…
- § 3075 (a) There is in each county a board of parole commissioners, consisting of each of the following: (1) The sheriff, or his or her designee, or, in a county with…
- § 3076 (a) The board may make, establish and enforce rules and regulations adopted under this article. (b) The board shall act at regularly called meetings at which…
- § 3077 Whenever a prisoner is sentenced in one county and incarcerated in another county, only the county in which he was sentenced shall have jurisdiction to grant…
- § 3078 (a) The board shall notify the sentencing judge of an inmate’s application for parole. (b) The sentencing judge may make a recommendation regarding such…
- § 3079 (a) No application for parole shall be granted or denied except by a vote of the board at a meeting at which a quorum of its members are present. This…
- § 3080 If any paroled prisoner leaves the county in which he is imprisoned without permission from the board granting his parole, he shall be arrested as an escaped…
- § 3081 (a) Each county board may retake and imprison any prisoner upon parole granted under the provisions of this article. (b) Each county board may release any…
- § 3082 Each county board may make and establish written rules and regulations for the unconditional release of and may unconditionally release any prisoner who is not…
- § 3083 Whenever the board designates deputies to serve as temporary commissioners in considering applications for parole of prisoners, such temporary commissioners or…
- § 3084 Each county board may release to the State Department of Corrections for return to a state prison or correctional institution any county or city jail inmate…
- § 3085 The members of the board may for the purpose of considering applications for parole of prisoners from city or county jails, or industrial farms, or work…
- § 3086 Each county board shall not require, when setting terms or discharge dates, an admission of guilt to any crime for which an inmate was committed.
- § 3087 No prisoner shall be paroled without supervision.
- § 3088 A prisoner who is released on parole pursuant to this article shall be supervised by a county parole officer of the county board of parole commissioners.
- § 3089 (a) A county parole officer who is not a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, is a public officer who…