3040. The Board of Prison Terms shall have the power to allow
prisoners imprisoned in the state prisons pursuant to subdivision (b)
of Section 1168 to go upon parole outside the prison walls and
enclosures. The board may parole prisoners in the state prisons to
camps for paroled prisoners established under Section 2792.
3041. (a) In the case of any inmate sentenced pursuant to any
provision of law, other than Chapter 4.5 (commencing with Section
1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet
with each inmate during the third year of incarceration for the
purposes of reviewing the inmate's file, making recommendations, and
documenting activities and conduct pertinent to granting or
withholding postconviction credit. One year prior to the inmate's
minimum eligible parole release date a panel of two or more
commissioners or deputy commissioners shall again meet with the
inmate and shall normally set a parole release date as provided in
Section 3041.5. No more than one member of the panel shall be a
deputy commissioner. In the event of a tie vote, the matter shall be
referred for an en banc review of the record that was before the
panel that rendered the tie vote. Upon en banc review, the board
shall vote to either grant or deny parole and render a statement of
decision. The en banc review shall be conducted pursuant to
subdivision (e). The release date shall be set in a manner that will
provide uniform terms for offenses of similar gravity and magnitude
with respect to their threat to the public, and that will comply with
the sentencing rules that the Judicial Council may issue and any
sentencing information relevant to the setting of parole release
dates. The board shall establish criteria for the setting of parole
release dates and in doing so shall consider the number of victims of
the crime for which the inmate was sentenced and other factors in
mitigation or aggravation of the crime. At least one commissioner of
the panel shall have been present at the last preceding meeting,
unless it is not feasible to do so or where the last preceding
meeting was the initial meeting. Any person on the hearing panel may
request review of any decision regarding parole for an en banc
hearing by the board. In case of a review, a majority vote in favor
of parole by the board members participating in an en banc review is
required to grant parole to any inmate.
(b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
meeting.
(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
(e) For purposes of this section, an en banc review by the board
means a review conducted by a majority of commissioners holding
office on the date the matter is heard by the board. An en banc
review shall be conducted in compliance with the following:
(1) The commissioners conducting the review shall consider the
entire record of the hearing that resulted in the tie vote.
(2) The review shall be limited to the record of the hearing. The
record shall consist of the transcript or audiotape of the hearing,
written or electronically recorded statements actually considered by
the panel that produced the tie vote, and any other material actually
considered by the panel. New evidence or comments shall not be
considered in the en banc proceeding.
(3) The board shall separately state reasons for its decision to
grant or deny parole.
(4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en banc review.
3041.1. Up to 90 days prior to a scheduled release date, the
Governor may request review of any decision by a parole authority
concerning the grant or denial of parole to any inmate in a state
prison. The Governor shall state the reason or reasons for the
request, and whether the request is based on a public safety concern,
a concern that the gravity of current or past convicted offenses may
have been given inadequate consideration, or on other factors. When
a request has been made, a randomly selected committee comprised of
nine commissioners specifically appointed to hear adult parole
matters and who are holding office at the time, shall review the
parole decision. In case of a review, a vote in favor of parole by a
majority of the commissioners on the committee shall be required to
grant parole to any inmate. In carrying out any review, the board
shall comply with the provisions of this chapter.
3041.2. (a) During the 30 days following the granting, denial,
revocation, or suspension by a parole authority of the parole of a
person sentenced to an indeterminate prison term based upon a
conviction of murder, the Governor, when reviewing the authority's
decision pursuant to subdivision (b) of Section 8 of Article V of the
Constitution, shall review materials provided by the parole
authority.
(b) If the Governor decides to reverse or modify a parole decision
of a parole authority pursuant to subdivision (b) of Section 8 of
Article V of the Constitution, he or she shall send a written
statement to the inmate specifying the reasons for his or her
decision.
3041.5. (a) At all hearings for the purpose of reviewing a prisoner'
s parole suitability, or the setting, postponing, or rescinding of
parole dates, with the exception of en banc review of tie votes, the
following shall apply:
(1) At least 10 days prior to any hearing by the Board of Parole
Hearings, the prisoner shall be permitted to review his or her file
which will be examined by the board and shall have the opportunity to
enter a written response to any material contained in the file.
(2) The prisoner shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf. Neither the
prisoner nor the attorney for the prisoner shall be entitled to ask
questions of any person appearing at the hearing pursuant to
subdivision (b) of Section 3043.
(3) Unless legal counsel is required by some other provision of
law, a person designated by the Department of Corrections and
Rehabilitation shall be present to ensure that all facts relevant to
the decision be presented, including, if necessary, contradictory
assertions as to matters of fact that have not been resolved by
departmental or other procedures.
(4) The prisoner and any person described in subdivision (b) of
Section 3043 shall be permitted to request and receive a stenographic
record of all proceedings.
(5) If the hearing is for the purpose of postponing or rescinding
of parole dates, the prisoner shall have rights set forth in
paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6) The board shall set a date to reconsider whether an inmate
should be released on parole that ensures a meaningful consideration
of whether the inmate is suitable for release on parole.
(b) (1) Within 10 days following any meeting where a parole date
has been set, the board shall send the prisoner a written statement
setting forth his or her parole date, the conditions he or she must
meet in order to be released on the date set, and the consequences of
failure to meet those conditions.
(2) Within 20 days following any meeting where a parole date has
not been set, the board shall send the prisoner a written statement
setting forth the reason or reasons for refusal to set a parole date,
and suggest activities in which he or she might participate that
will benefit him or her while he or she is incarcerated.
(3) The board shall schedule the next hearing, after considering
the views and interests of the victim, as follows:
(A) Fifteen years after any hearing at which parole is denied,
unless the board finds by clear and convincing evidence that the
criteria relevant to the setting of parole release dates enumerated
in subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than 10 additional years.
(B) Ten years after any hearing at which parole is denied, unless
the board finds by clear and convincing evidence that the criteria
relevant to the setting of parole release dates enumerated in
subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than seven additional years.
(C) Three years, five years, or seven years after any hearing at
which parole is denied, because the criteria relevant to the setting
of parole release dates enumerated in subdivision (a) of Section 3041
are such that consideration of the public and victim's safety
requires a more lengthy period of incarceration for the prisoner, but
does not require a more lengthy period of incarceration for the
prisoner than seven additional years.
(4) The board may in its discretion, after considering the views
and interests of the victim, advance a hearing set pursuant to
paragraph (3) to an earlier date, when a change in circumstances or
new information establishes a reasonable likelihood that
consideration of the public and victim's safety does not require the
additional period of incarceration of the prisoner provided in
paragraph (3).
(5) Within 10 days of any board action resulting in the
postponement of a previously set parole date, the board shall send
the prisoner a written statement setting forth a new date and the
reason or reasons for that action and shall offer the prisoner an
opportunity for review of that action.
(6) Within 10 days of any board action resulting in the rescinding
of a previously set parole date, the board shall send the prisoner a
written statement setting forth the reason or reasons for that
action, and shall schedule the prisoner's next hearing in accordance
with paragraph (3).
(c) The board shall conduct a parole hearing pursuant to this
section as a de novo hearing. Findings made and conclusions reached
in a prior parole hearing shall be considered in but shall not be
deemed to be binding upon subsequent parole hearings for an inmate,
but shall be subject to reconsideration based upon changed facts and
circumstances. When conducting a hearing, the board shall admit the
prior recorded or memorialized testimony or statement of a victim or
witness, upon request of the victim or if the victim or witness has
died or become unavailable. At each hearing the board shall determine
the appropriate action to be taken based on the criteria set forth
in paragraph (3) of subdivision (a) of Section 3041.
(d) (1) An inmate may request that the board exercise its
discretion to advance a hearing set pursuant to paragraph (3) of
subdivision (b) to an earlier date, by submitting a written request
to the board, with notice, upon request, and a copy to the victim
which shall set forth the change in circumstances or new information
that establishes a reasonable likelihood that consideration of the
public safety does not require the additional period of incarceration
of the inmate.
(2) The board shall have sole jurisdiction, after considering the
views and interests of the victim to determine whether to grant or
deny a written request made pursuant to paragraph (1), and its
decision shall be subject to review by a court or magistrate only for
a manifest abuse of discretion by the board. The board shall have
the power to summarily deny a request that does not comply with the
provisions of this subdivision or that does not set forth a change in
circumstances or new information as required in paragraph (1) that
in the judgment of the board is sufficient to justify the action
described in paragraph (4) of subdivision (b).
(3) An inmate may make only one written request as provided in
paragraph (1) during each three-year period. Following either a
summary denial of a request made pursuant to paragraph (1), or the
decision of the board after a hearing described in subdivision (a) to
not set a parole date, the inmate shall not be entitled to submit
another request for a hearing pursuant to subdivision (a) until a
three-year period of time has elapsed from the summary denial or
decision of the board.
3041.7. At any hearing for the purpose of setting, postponing, or
rescinding a parole release date of a prisoner under a life sentence,
the prisoner shall be entitled to be represented by counsel and the
provisions of Section 3041.5 shall apply. The Board of Parole
Hearings shall provide by rule for the invitation of the prosecutor
of the county from which the prisoner was committed, or his
representative, to represent the interests of the people at the
hearing. The Board of Parole Hearings shall notify the prosecutor and
the Attorney General at least 30 days prior to the date of the
hearing.
Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the prisoner was committed, or
his representative, who shall not be the Attorney General, except in
cases in which the Attorney General prosecuted the case at the trial
level, shall be the sole representative of the interests of the
people.
3042. (a) At least 30 days before the Board of Prison Terms meets
to review or consider the parole suitability or the setting of a
parole date for any prisoner sentenced to a life sentence, the board
shall send written notice thereof to each of the following persons:
the judge of the superior court before whom the prisoner was tried
and convicted, the attorney who represented the defendant at trial,
the district attorney of the county in which the offense was
committed, the law enforcement agency that investigated the case, and
where the prisoner was convicted of the murder of a peace officer,
the law enforcement agency which had employed that peace officer at
the time of the murder.
(b) The Board of Prison Terms shall record all those hearings and
transcribe recordings of those hearings within 30 days of any
hearing. Those transcripts, including the transcripts of all prior
hearings, shall be filed and maintained in the office of the Board of
Prison Terms and shall be made available to the public no later than
30 days from the date of the hearing. No prisoner shall actually be
released on parole prior to 60 days from the date of the hearing.
(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.
(d) Any statements, recommendations, or other materials considered
shall be incorporated into the transcript of the hearing, unless the
material is confidential in order to preserve institutional security
and the security of others who might be endangered by disclosure.
(e) This section shall not apply to any hearing held to consider
advancing a prisoner's parole date due to his or her conduct since
his or her last hearing.
(f) (1) The written notice to the judge of the superior court
before whom the prisoner was tried and convicted shall be sent by
certified mail with return receipt requested.
(2) The judge receiving this written notice may forward to the
parole board any unprivileged information from the trial or
sentencing proceeding regarding the prisoner, witnesses, or victims,
or other relevant persons, or any other information, that is
pertinent to the question of whether the parole board should grant
parole or under what conditions parole should be granted. The judge
may also, in his or her discretion, include information given to him
or her by victims, witnesses, or other persons that bear on the
question of the prisoner's suitability for parole.
(3) The parole board shall review and consider all information
received from the judge or any other person and shall consider
adjusting the terms or conditions of parole to reflect the comments
or concerns raised by this information, as appropriate.
(g) Nothing in this section shall be construed as limiting the
type or content of information the judge or any other person may
forward to the parole board for consideration under any other
provision of law.
(h) Any person who receives notice under subdivision (a) who is
authorized to forward information for consideration in a parole
suitability hearing or the setting of a parole date for a person
sentenced to a life sentence under this section, may forward that
information either by facsimile or electronic mail. The Department of
Corrections shall establish procedures for receiving the information
by facsimile or electronic mail pursuant to this subdivision.
3043. (a) (1) Upon request, notice of any hearing to review or
consider the parole suitability or the setting of a parole date for
any prisoner in a state prison shall be sent by the Board of Parole
Hearings at least 90 days before the hearing to any victim of any
crime committed by the prisoner, or to the next of kin of the victim
if the victim has died, to include the commitment crimes, determinate
term commitment crimes for which the prisoner has been paroled, and
any other felony crimes or crimes against the person for which the
prisoner has been convicted. The requesting party shall keep the
board apprised of his or her current mailing address.
(2) No later than 30 days prior to the date selected for the
hearing, any person, other than the victim, entitled to attend the
hearing shall inform the board of his or her intention to attend the
hearing and the name and identifying information of any other person
entitled to attend the hearing who will accompany him or her.
(3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
(b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2) of
this subdivision have the right to appear, personally or by counsel,
at the hearing and to adequately and reasonably express his, her, or
their views concerning the prisoner and the case, including, but not
limited to the commitment crimes, determinate term commitment crimes
for which the prisoner has been paroled, any other felony crimes or
crimes against the person for which the prisoner has been convicted,
the effect of the enumerated crimes on the victim and the family of
the victim, the person responsible for these enumerated crimes, and
the suitability of the prisoner for parole.
(2) Any statement provided by a representative designated by the
victim or next of kin may cover any subject about which the victim or
next of kin has the right to be heard including any recommendation
regarding the granting of parole. The representatives shall be
designated by the victim or, in the event that the victim is deceased
or incapacitated, by the next of kin. They shall be designated in
writing for the particular hearing prior to the hearing.
(c) A representative designated by the victim or the victim's next
of kin for purposes of this section may be any adult person selected
by the victim or the family of the victim. The board shall permit a
representative designated by the victim or the victim's next of kin
to attend a particular hearing, to provide testimony at a hearing,
and to submit a statement to be included in the hearing as provided
in Section 3043.2, even though the victim, next of kin, or a member
of the victim's immediate family is present at the hearing, and even
though the victim, next of kin, or a member of the victim's immediate
family has submitted a statement as described in Section 3043.2.
(d) The board, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements of the
victim or victims, next of kin, immediate family members of the
victim, and the designated representatives of the victim or next of
kin, if applicable, made pursuant to this section and shall include
in its report a statement whether the person would pose a threat to
public safety if released on parole.
(e) In those cases where there are more than two immediate family
members of the victim who wish to attend any hearing covered in this
section, the board shall allow attendance of additional immediate
family members to include the following: spouse, children, parents,
siblings, grandchildren, and grandparents.
3043.1. Notwithstanding any other provision of 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 the parole suitability
or the setting of a parole date for any prisoner pursuant to Section
3043 shall be entitled to the attendance of one person of his or her
own choosing at the hearing for support. The person so chosen shall
not participate in the hearing nor make comments while in attendance.
3043.2. (a) (1) In lieu of personal appearance at any hearing to
review the parole suitability or the setting of a parole date, the
Board of Prison Terms shall permit the victim, his or her next of
kin, immediate family members, or two representatives designated for
a particular hearing by the victim or next of kin in writing prior to
the hearing to file with the board a written, audiotaped, or
videotaped statement, or statement stored on a CD Rom, DVD, or any
other recording medium accepted by a court pursuant to Section
1191.15 or by the board, expressing his or her views concerning the
crime and the person responsible. The statement may be personal
messages from the person to the board made at any time or may be a
statement made pursuant to Section 1191.16, or a combination of both,
except that any statement provided by a representative designated by
the victim or next of kin shall be limited to comments concerning
the effect of the crime on the victim.
(2) A representative designated by the victim or the victim's next
of kin for purposes of this section must be either a family or
household member of the victim.
(3) The board shall consider any statement filed prior to reaching
a decision, and shall include in its report a statement of whether
the person would pose a threat to public safety if released on
parole.
(b) Whenever an audio or video statement or a statement stored on
a CD Rom, DVD, or other medium is filed with the board, a written
transcript of the statement shall also be provided by the person
filing the statement.
(c) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the board the views of the victim,
his or her immediate family members, or next of kin.
(d) In the event the board permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
board shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.
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 writing prior to the hearing who have
the right to appear at a hearing to review parole suitability or the
setting of a parole date, either personally as provided in Section
3043, or by a written, audiotaped, or videotaped statement as
provided in Section 3043.2, and any prosecutor who has the right to
appear pursuant to Section 3041.7, shall also have the right to
appear by means of videoconferencing, if videoconferencing is
available at the hearing site. For the purposes of this section,
"videoconferencing" means the live transmission of audio and video
signals by any means from one physical location to another.
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 children or grandchildren who are
related by blood, marriage, or adoption. As used in Sections 3043 and
3043.2, the term "household member of the victim" means a person who
lives, or was living at the time of the crime, in the victim's
household, and who has, or for a deceased victim had at the time of
the crime, an intimate or close relationship with the victim.
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 any
prisoner in a state prison shall have the right to submit a statement
of views in support of or in opposition to the granting of parole.
The board, in deciding whether to release the person on parole, shall
review all information received from the public to insure that the
gravity and timing of all current or past convicted offenses have
been given adequate consideration and to insure that the safety of
the public has been adequately considered. Upon completion of its
review, the board shall include in its report a statement that it has
reviewed all information received from the public and its conclusion
as to whether the person would pose a threat to the public safety if
released on parole.
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 immediate family, or next of kin,
pursuant to Section 3043.2, shall have the right to speak last before
the board in regard to those persons appearing and speaking before
the board at a parole hearing. Nothing in this section shall prohibit
the person presiding at the hearing from taking any steps he or she
deems appropriate to ensure that only accurate and relevant
statements are considered in determining parole suitability as
provided in law, including, but not limited to, the rebuttal of
inaccurate statements made by any party.
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 protecting victims' rights in
the parole process. Accordingly, to protect a victim from harassment
and abuse during the parole process, no person paroled from a
California correctional facility following incarceration for an
offense committed on or after the effective date of this act shall,
in the event his or her parole is revoked, be entitled to procedural
rights other than the following:
(1) A parolee shall be entitled to a probable cause hearing no
later than 15 days following his or her arrest for violation of
parole.
(2) A parolee shall be entitled to an evidentiary revocation
hearing no later than 45 days following his or her arrest for
violation of parole.
(3) A parolee shall, upon request, be entitled to counsel at state
expense only if, considering the request on a case-by-case basis,
the board or its hearing officers determine:
(A) The parolee is indigent; and
(B) Considering the complexity of the charges, the defense, or
because the parolee's mental or educational capacity, he or she
appears incapable of speaking effectively in his or her own defense.
(4) In the event the parolee's request for counsel, which shall be
considered on a case-by-case basis, is denied, the grounds for
denial shall be stated succinctly in the record.
(5) Parole revocation determinations shall be based upon a
preponderance of evidence admitted at hearings including documentary
evidence, direct testimony, or hearsay evidence offered by parole
agents, peace officers, or a victim.
(6) Admission of the recorded or hearsay statement of a victim or
percipient witness shall not be construed to create a right to
confront the witness at the hearing.
(b) The board is entrusted with the safety of victims and the
public and shall make its determination fairly, independently, and
without bias and shall not be influenced by or weigh the state cost
or burden associated with just decisions. The board must accordingly
enjoy sufficient autonomy to conduct unbiased hearings, and maintain
an independent legal and administrative staff. The board shall report
to the Governor.
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 previous conviction.
3046. (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
(1) A term of at least seven calendar years.
(2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
(b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.
(c) The Board of Prison Terms shall, in considering a parole for a
prisoner, consider all statements and recommendations which may have
been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested in the
granting or denying of the parole. The board shall enter on its order
granting or denying parole to these prisoners, the fact that the
statements and recommendations have been considered by it.
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 provided by law for the offense of
which he was convicted, except that in cases where the prisoner was
serving a sentence on December 31, 1947, and in which the minimum
term of imprisonment is more than one year, he may be paroled at any
time after the expiration of one-half of the minimum term, with
benefit of credits, but in no case shall he be paroled until he has
served one calendar year; provided, that any prisoner, received on or
after January 1, 1948, at any state prison or institution under the
jurisdiction of the Director of Corrections, whose minimum term of
imprisonment is more than one year, may be paroled at any time after
the expiration of one-third of the minimum term. In all other cases
he may be paroled at any time after he has served the minimum term
prescribed by law.
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 paroled upon completion
of the diagnostic study provided for in Section 5079. The number of
prisoners released in any year under this provision shall not exceed
5 percent of the total number of all prisoners released in the
preceding year.
This section shall not apply to a prisoner who, while committing
the offense for which he has been imprisoned, physically attacked any
person by any means. A threat of attack is not a physcial attack for
the purposes of this section unless such threat was accompanied by
an attempt to inflict physical harm upon some person.
The Board of Corrections shall report to the Legislature on the
fifth Legislative day of the 1974 Regular Session of the Legislature
regarding any research program completed or in progress authorized
under this section, and thereafter it shall report annually.
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 and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
in prison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.
3052. The Board of Prison Terms shall have the power to establish
and enforce rules and regulations under which prisoners committed to
state prisons may be allowed to go upon parole outside the prison
buildings and enclosures when eligible for parole.
3053. (a) The Board of Prison Terms upon granting any parole to any
prisoner may also impose on the parole any conditions that it may
deem proper.
(b) The Board of Prison Terms may impose as a condition of parole
that any prisoner granted parole undergo an examination or test for
tuberculosis when the board reasonably suspects that the parolee has,
has had, or has been exposed to, tuberculosis in an infectious
stage.
(c) For purposes of this section, an "examination or test for
tuberculosis" means testing and followup examinations or treatment
according to the Centers for Disease Control and American Thoracic
Society recommendations in effect at the time of the initial
examination.
3053.2. (a) Upon the request of the victim, or the victim's parent
or legal guardian if the victim is a minor, the parole authority
shall impose the following condition on the parole of a person
released from prison for an offense involving threatening, stalking,
sexually abusing, harassing, or violent acts in which the victim is a
person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, sexually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:
(1) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least
100 yards of the victim or the victim's residence or workplace.
(3) An order excluding the parolee from the victim's residence.
(b) The parole authority may impose the following condition on the
parole of a person released from prison for an offense involving
threatening, stalking, sexually abusing, harassing, or violent acts
in which the victim is a person specified in Section 6211 of the
Family Code:
For persons who committed the offense prior to January 1, 1997,
participation in a batterer's program, as specified in this section,
for the entire period of parole. For persons who committed the
offense after January 1, 1997, successful completion of a batterer's
program, which shall be a condition of release from parole. If no
batterer's program is available, another appropriate counseling
program designated by the parole agent or officer, for a period of
not less than one year, with weekly sessions of a minimum of two
hours of classroom time. The program director shall give periodic
progress reports to the parole agent or officer at least every three
months.
(c) The parole agent or officer shall refer the parolee only to a
batterer's program that follows the standards outlined in Section
1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer's
program with the parole agent or officer within 30 days after the
first meeting with his or her parole agent or officer, if he or she
committed the offense after January 1, 1997, or within 30 days of
receiving notice of this parole condition, if he or she committed the
offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial
assessment of the parolee, which information shall be provided to the
batterer's program. The assessment shall include, but not be limited
to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest
reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim
desires to participate.
(f) Upon request of the victim, the victim shall be notified of
the release of the parolee and the parolee's location and parole
agent or officer. If the victim requests notification, he or she
shall also be informed that attendance in any program does not
guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the
failure to enroll in a specified program, as directed, may be
considered a parole violation that would result in possible further
incarceration.
(h) The director of the batterer's program shall immediately
report any violation of the terms of the protective order issued
pursuant to paragraph (3) of subdivision (a), including any new acts
of violence or failure to comply with the program requirements, to
the parolee's parole agent or officer.
(i) Upon recommendation of the director of the batterer's program,
a parole agent or officer may require a parolee to participate in
additional sessions throughout the parole period, unless he or she
finds that it is not in the interests of justice to do so. In
deciding whether the parolee would benefit from more sessions, the
parole agent or officer shall consider whether any of the following
conditions exist:
(1) The parolee has been violence-free for a minimum of six
months.
(2) The parolee has cooperated and participated in the batterer's
program.
(3) The parolee demonstrates an understanding of, and practices,
positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that
dehumanize the victim or puts the victim's safety at risk, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, sexually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(6) The parolee has made threats to harm another person in any
manner.
(7) The parolee demonstrates acceptance of responsibility for the
abusive behavior perpetrated against the victim.
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 property of another individual,
private institution, or public agency because of the victim's actual
or perceived race, color, ethnicity, religion, nationality, country
of origin, ancestry, disability, gender, or sexual orientation,
including, but not limited to, offenses defined in Section 422.6,
422.7, 422.75, 594.3, or 11411, the parole authority, absent
compelling circumstances, shall order the defendant as a condition of
parole to refrain from further acts of violence, threats, stalking,
or harassment of the victim, or known immediate family or domestic
partner of the victim, including stay-away conditions when
appropriate. In these cases, the parole authority may also order that
the defendant be required as a condition of parole to complete a
class or program on racial or ethnic sensitivity, or other similar
training in the area of civil rights, or a one-year counseling
program intended to reduce the tendency toward violent and antisocial
behavior if that class, program, or training is available and was
developed or authorized by the court or local agencies in cooperation
with organizations serving the affected community.
3053.5. Upon granting parole to any prisoner convicted of any of
the offenses enumerated in Section 290, the Board of Prison Terms
shall inquire into the question whether the defendant at the time the
offense was committed was intoxicated or addicted to the excessive
use of alcoholic liquor or beverages at that time or immediately
prior thereto, and if it is found that the person was so intoxicated
or so addicted, it shall impose as a condition of parole that such
prisoner shall totally abstain from the use of alcoholic liquor or
beverages.
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, in an appropriate case, shall
make an order that the parolee not contact or communicate with the
victim of the crime, or any of the victim's family members. In
determining whether to make the order, the department shall consider
the facts of the offense and the background of the parolee.
(b) Where a victim, or an immediate family member of a victim,
requests that the parolee not contact him or her, the order shall be
made. An immediate family member's request that the parolee not
contact that person shall be granted even where the direct victim
allows contact.
(c) Where the victim is a minor, the order that the parolee shall
not contact or communicate with the victim shall be made where
requested by the victim, or the parents or guardian of the victim. In
the event of a dispute between the parents or guardians of a minor
victim concerning whether a no-contact and no-communication order
should be made, the board shall hold a hearing to resolve the
dispute. The victim, or the parents or guardians, shall not be
required to attend the hearing. The victim, or the parents of the
victim, may submit a written statement to the board concerning the
issue of whether a no-contact or no-communication order shall be
made.
(d) The district attorney of the county that prosecuted the
defendant for the sex crime for which the parolee was committed to
prison may be available to facilitate and assist the victim, or
victim's family member, in stating to the department whether or not
the order that the parolee not contact or communicate with him or her
shall be made.
3053.8. (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment for any of the offenses specified in subdivision (b) in
which one or more of the victims was under 14 years of age, and for
which registration is required pursuant to the Sex Offender
Registration Act, it shall be a condition of parole that the person
may not, during his or her period of parole, enter any park where
children regularly gather without the express permission of his or
her parole agent.
(b) Subdivision (a) shall apply to persons released on parole
after having served a term of imprisonment for an offense specified
in Section 261, 262, 264.1, 269, 286, 288a, paragraph (1) of
subdivision (b) of Section 288, 288.5, 288.7, 289, subdivision (c) of
Section 667.51, subdivision (j), (k), or (l) of Section 667.61, or
667.71.
3054. (a) (1) The Department of Corrections shall establish three
pilot programs that provide intensive training and counseling
programs for female parolees to assist in the successful
reintegration of those parolees into the community upon release or
discharge from prison and after completion of in-prison therapeutic
community substance abuse treatment programs.
(2) The Director of Corrections shall determine the counties in
which the pilot programs are established.
(b) (1) The services offered in the pilot programs may include,
but shall not be limited to, drug and alcohol abuse treatment,
cognitive skills development, education, life skills, job skills,
victim impact awareness, anger management, family reunification,
counseling, vocational training and support, residential care, and
placement in affordable housing and employment opportunities.
(2) Ancillary services such as child care and reimbursement of
transportation costs shall be provided to the extent necessary to
permit full participation by female offenders in employment
assistance, substance abuse treatment, and other program elements.
(3) The pilot programs shall include a case management component
to assess the social services and other needs of participating in the
social services, education, job training, and other programs most
likely to result in their recovery and employment success.
(c) With respect to a female parolee who violates her parole, the
Board of Prison Terms may order initial or continued participation in
a program under this section, in lieu of revocation pursuant to
Section 3060, provided the department approves the program
participation, the parolee meets all eligibility criteria for the
program, and the parole violation was nonviolent.
(d) (1) The Department of Corrections shall prepare an
informational handout explaining the pilot programs created by this
section.
(2) A copy of this informational handout shall be given to each
female inmate eligible for any of the pilot programs and to each
female parolee eligible for any of the pilot programs pursuant to
subdivision (c).
(e) Subject to appropriation of funds, the department is
authorized to enter into contracts, or amend existing contracts, for
community residential treatment services for offenders and minor
children in an offender's custody in order to carry out the goals
stated in paragraph (1) of subdivision (a).
(f) (1) It is the intent of the Legislature that the programs
demonstrate the cost-effectiveness of providing the enhanced services
described in subdivision (b), based upon an annual evaluation of a
representative sample of female parolees, in order to determine the
impact of these services upon the criminal recidivism, employment,
and welfare dependency of the offenders and their families.
(2) The department, with the assistance of an independent
consultant with expertise in criminal justice programs, shall
complete a report evaluating the cost-effectiveness of the pilot
programs in regard to the effect of the programs (A) on the
recidivism of participating female offenders compared with a
comparable nonparticipating group of female offenders and (B) on the
employment of female offenders and the welfare dependency of a female
offender's family. The report shall be provided to the Governor and
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of both houses of the
Legislature by January 1, 2002.
3056. Prisoners on parole shall remain under the legal custody of
the department and shall be subject at any time to be taken back
within the inclosure of the prison.
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 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12020,
12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560,
or Section 664 for any attempt to engage in conduct described in or
that could be prosecuted under any of the above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
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 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12022,
12022.5, 12022.53, 12022.7, 12022.8, or 25400, Chapter 2 (commencing
with Section 29800) of Division 9 of Title 4 of Part 6, any provision
listed in Section 16590, or Section 664 for any attempt to engage in
conduct described in or that could be prosecuted under any of the
above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
3058. Any person who knowingly and wilfully communicates to
another, either orally or in writing, any statement concerning any
person then or theretofore convicted of a felony, and then on parole,
and which communication is made with the purpose and intent to
deprive said person so convicted of employment, or to prevent him
from procuring the same, or with the purpose and intent to extort
from him any money or article of value; and any person who threatens
to make any said communication with the purpose and intent to extort
money or any article of value from said person so convicted of a
felony, is guilty of a misdemeanor.
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 any sex offense identified in
statute as being perpetrated against a minor, has violated the terms
or conditions of parole related specifically to restrictions on
contact with the victim or the victim's family.
(b) The Department of Corrections shall annually provide to all
parole officers a written summary describing the legal duties of
parole officers to report information to local child protective
agencies as required by Section 11166 and this section.
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 the department, including actual,
glossy photographs, no smaller than 3 1/8 x 3 1/8 inches in size,
and, in conjunction with the Department of Justice, fingerprints,
concerning persons then on parole who are or may be residing or
temporarily domiciled in that city or county.
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 Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168 or the
Department of Corrections, with respect to inmates sentenced pursuant
to Section 1170, shall notify the sheriff or chief of police, or
both, and the district attorney, who has jurisdiction over the
community in which the person was convicted and, in addition, the
sheriff or chief of police, or both, and the district attorney,
having jurisdiction over the community in which the person is
scheduled to be released on parole or rereleased following a period
of confinement pursuant to a parole revocation without a new
commitment.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole at the time of release.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.
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 45 days prior to the person's
scheduled release date, the sheriff or chief of police, or both, and
the district attorney who has jurisdiction over the community in
which the person was convicted, and the sheriff, chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole,
or released following a period of confinement pursuant to a parole
revocation without a new commitment. The notification shall indicate
whether the victim has requested notification from the department
pursuant to Section 646.92.
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 offense specified as being
perpetrated against a minor, or an act of domestic violence, or as
ordered by a court, the Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections, with respect to inmates sentenced
pursuant to Section 1170, shall notify the following parties that the
person is scheduled to be released on parole, or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment, as specified in subdivision (b):
(A) The immediate family of the parolee who requests notification
and provides the department with a current address.
(B) A county child welfare services agency that requests
notification pursuant to Section 16507 of the Welfare and
Institutions Code.
(2) For the purposes of this paragraph, "immediate family of the
parolee" means the parents, siblings, and spouse of the parolee.
(b) (1) The notification shall be made by mail at least 60 days
prior to the scheduled release date, except as provided in paragraph
(2). In all cases, the notification shall include the name of the
person who is scheduled to be released, the terms of that person's
parole, whether or not that person is required to register with local
law enforcement, and the community in which that person will reside.
The notification shall specify the office within the Department of
Corrections that has the authority to make the final determination
and adjustments regarding parole location decisions
3040. The Board of Prison Terms shall have the power to allow
prisoners imprisoned in the state prisons pursuant to subdivision (b)
of Section 1168 to go upon parole outside the prison walls and
enclosures. The board may parole prisoners in the state prisons to
camps for paroled prisoners established under Section 2792.
3041. (a) In the case of any inmate sentenced pursuant to any
provision of law, other than Chapter 4.5 (commencing with Section
1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet
with each inmate during the third year of incarceration for the
purposes of reviewing the inmate's file, making recommendations, and
documenting activities and conduct pertinent to granting or
withholding postconviction credit. One year prior to the inmate's
minimum eligible parole release date a panel of two or more
commissioners or deputy commissioners shall again meet with the
inmate and shall normally set a parole release date as provided in
Section 3041.5. No more than one member of the panel shall be a
deputy commissioner. In the event of a tie vote, the matter shall be
referred for an en banc review of the record that was before the
panel that rendered the tie vote. Upon en banc review, the board
shall vote to either grant or deny parole and render a statement of
decision. The en banc review shall be conducted pursuant to
subdivision (e). The release date shall be set in a manner that will
provide uniform terms for offenses of similar gravity and magnitude
with respect to their threat to the public, and that will comply with
the sentencing rules that the Judicial Council may issue and any
sentencing information relevant to the setting of parole release
dates. The board shall establish criteria for the setting of parole
release dates and in doing so shall consider the number of victims of
the crime for which the inmate was sentenced and other factors in
mitigation or aggravation of the crime. At least one commissioner of
the panel shall have been present at the last preceding meeting,
unless it is not feasible to do so or where the last preceding
meeting was the initial meeting. Any person on the hearing panel may
request review of any decision regarding parole for an en banc
hearing by the board. In case of a review, a majority vote in favor
of parole by the board members participating in an en banc review is
required to grant parole to any inmate.
(b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
meeting.
(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
(e) For purposes of this section, an en banc review by the board
means a review conducted by a majority of commissioners holding
office on the date the matter is heard by the board. An en banc
review shall be conducted in compliance with the following:
(1) The commissioners conducting the review shall consider the
entire record of the hearing that resulted in the tie vote.
(2) The review shall be limited to the record of the hearing. The
record shall consist of the transcript or audiotape of the hearing,
written or electronically recorded statements actually considered by
the panel that produced the tie vote, and any other material actually
considered by the panel. New evidence or comments shall not be
considered in the en banc proceeding.
(3) The board shall separately state reasons for its decision to
grant or deny parole.
(4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en banc review.
3041.1. Up to 90 days prior to a scheduled release date, the
Governor may request review of any decision by a parole authority
concerning the grant or denial of parole to any inmate in a state
prison. The Governor shall state the reason or reasons for the
request, and whether the request is based on a public safety concern,
a concern that the gravity of current or past convicted offenses may
have been given inadequate consideration, or on other factors. When
a request has been made, a randomly selected committee comprised of
nine commissioners specifically appointed to hear adult parole
matters and who are holding office at the time, shall review the
parole decision. In case of a review, a vote in favor of parole by a
majority of the commissioners on the committee shall be required to
grant parole to any inmate. In carrying out any review, the board
shall comply with the provisions of this chapter.
3041.2. (a) During the 30 days following the granting, denial,
revocation, or suspension by a parole authority of the parole of a
person sentenced to an indeterminate prison term based upon a
conviction of murder, the Governor, when reviewing the authority's
decision pursuant to subdivision (b) of Section 8 of Article V of the
Constitution, shall review materials provided by the parole
authority.
(b) If the Governor decides to reverse or modify a parole decision
of a parole authority pursuant to subdivision (b) of Section 8 of
Article V of the Constitution, he or she shall send a written
statement to the inmate specifying the reasons for his or her
decision.
3041.5. (a) At all hearings for the purpose of reviewing a prisoner'
s parole suitability, or the setting, postponing, or rescinding of
parole dates, with the exception of en banc review of tie votes, the
following shall apply:
(1) At least 10 days prior to any hearing by the Board of Parole
Hearings, the prisoner shall be permitted to review his or her file
which will be examined by the board and shall have the opportunity to
enter a written response to any material contained in the file.
(2) The prisoner shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf. Neither the
prisoner nor the attorney for the prisoner shall be entitled to ask
questions of any person appearing at the hearing pursuant to
subdivision (b) of Section 3043.
(3) Unless legal counsel is required by some other provision of
law, a person designated by the Department of Corrections and
Rehabilitation shall be present to ensure that all facts relevant to
the decision be presented, including, if necessary, contradictory
assertions as to matters of fact that have not been resolved by
departmental or other procedures.
(4) The prisoner and any person described in subdivision (b) of
Section 3043 shall be permitted to request and receive a stenographic
record of all proceedings.
(5) If the hearing is for the purpose of postponing or rescinding
of parole dates, the prisoner shall have rights set forth in
paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6) The board shall set a date to reconsider whether an inmate
should be released on parole that ensures a meaningful consideration
of whether the inmate is suitable for release on parole.
(b) (1) Within 10 days following any meeting where a parole date
has been set, the board shall send the prisoner a written statement
setting forth his or her parole date, the conditions he or she must
meet in order to be released on the date set, and the consequences of
failure to meet those conditions.
(2) Within 20 days following any meeting where a parole date has
not been set, the board shall send the prisoner a written statement
setting forth the reason or reasons for refusal to set a parole date,
and suggest activities in which he or she might participate that
will benefit him or her while he or she is incarcerated.
(3) The board shall schedule the next hearing, after considering
the views and interests of the victim, as follows:
(A) Fifteen years after any hearing at which parole is denied,
unless the board finds by clear and convincing evidence that the
criteria relevant to the setting of parole release dates enumerated
in subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than 10 additional years.
(B) Ten years after any hearing at which parole is denied, unless
the board finds by clear and convincing evidence that the criteria
relevant to the setting of parole release dates enumerated in
subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than seven additional years.
(C) Three years, five years, or seven years after any hearing at
which parole is denied, because the criteria relevant to the setting
of parole release dates enumerated in subdivision (a) of Section 3041
are such that consideration of the public and victim's safety
requires a more lengthy period of incarceration for the prisoner, but
does not require a more lengthy period of incarceration for the
prisoner than seven additional years.
(4) The board may in its discretion, after considering the views
and interests of the victim, advance a hearing set pursuant to
paragraph (3) to an earlier date, when a change in circumstances or
new information establishes a reasonable likelihood that
consideration of the public and victim's safety does not require the
additional period of incarceration of the prisoner provided in
paragraph (3).
(5) Within 10 days of any board action resulting in the
postponement of a previously set parole date, the board shall send
the prisoner a written statement setting forth a new date and the
reason or reasons for that action and shall offer the prisoner an
opportunity for review of that action.
(6) Within 10 days of any board action resulting in the rescinding
of a previously set parole date, the board shall send the prisoner a
written statement setting forth the reason or reasons for that
action, and shall schedule the prisoner's next hearing in accordance
with paragraph (3).
(c) The board shall conduct a parole hearing pursuant to this
section as a de novo hearing. Findings made and conclusions reached
in a prior parole hearing shall be considered in but shall not be
deemed to be binding upon subsequent parole hearings for an inmate,
but shall be subject to reconsideration based upon changed facts and
circumstances. When conducting a hearing, the board shall admit the
prior recorded or memorialized testimony or statement of a victim or
witness, upon request of the victim or if the victim or witness has
died or become unavailable. At each hearing the board shall determine
the appropriate action to be taken based on the criteria set forth
in paragraph (3) of subdivision (a) of Section 3041.
(d) (1) An inmate may request that the board exercise its
discretion to advance a hearing set pursuant to paragraph (3) of
subdivision (b) to an earlier date, by submitting a written request
to the board, with notice, upon request, and a copy to the victim
which shall set forth the change in circumstances or new information
that establishes a reasonable likelihood that consideration of the
public safety does not require the additional period of incarceration
of the inmate.
(2) The board shall have sole jurisdiction, after considering the
views and interests of the victim to determine whether to grant or
deny a written request made pursuant to paragraph (1), and its
decision shall be subject to review by a court or magistrate only for
a manifest abuse of discretion by the board. The board shall have
the power to summarily deny a request that does not comply with the
provisions of this subdivision or that does not set forth a change in
circumstances or new information as required in paragraph (1) that
in the judgment of the board is sufficient to justify the action
described in paragraph (4) of subdivision (b).
(3) An inmate may make only one written request as provided in
paragraph (1) during each three-year period. Following either a
summary denial of a request made pursuant to paragraph (1), or the
decision of the board after a hearing described in subdivision (a) to
not set a parole date, the inmate shall not be entitled to submit
another request for a hearing pursuant to subdivision (a) until a
three-year period of time has elapsed from the summary denial or
decision of the board.
3041.7. At any hearing for the purpose of setting, postponing, or
rescinding a parole release date of a prisoner under a life sentence,
the prisoner shall be entitled to be represented by counsel and the
provisions of Section 3041.5 shall apply. The Board of Parole
Hearings shall provide by rule for the invitation of the prosecutor
of the county from which the prisoner was committed, or his
representative, to represent the interests of the people at the
hearing. The Board of Parole Hearings shall notify the prosecutor and
the Attorney General at least 30 days prior to the date of the
hearing.
Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the prisoner was committed, or
his representative, who shall not be the Attorney General, except in
cases in which the Attorney General prosecuted the case at the trial
level, shall be the sole representative of the interests of the
people.
3042. (a) At least 30 days before the Board of Prison Terms meets
to review or consider the parole suitability or the setting of a
parole date for any prisoner sentenced to a life sentence, the board
shall send written notice thereof to each of the following persons:
the judge of the superior court before whom the prisoner was tried
and convicted, the attorney who represented the defendant at trial,
the district attorney of the county in which the offense was
committed, the law enforcement agency that investigated the case, and
where the prisoner was convicted of the murder of a peace officer,
the law enforcement agency which had employed that peace officer at
the time of the murder.
(b) The Board of Prison Terms shall record all those hearings and
transcribe recordings of those hearings within 30 days of any
hearing. Those transcripts, including the transcripts of all prior
hearings, shall be filed and maintained in the office of the Board of
Prison Terms and shall be made available to the public no later than
30 days from the date of the hearing. No prisoner shall actually be
released on parole prior to 60 days from the date of the hearing.
(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.
(d) Any statements, recommendations, or other materials considered
shall be incorporated into the transcript of the hearing, unless the
material is confidential in order to preserve institutional security
and the security of others who might be endangered by disclosure.
(e) This section shall not apply to any hearing held to consider
advancing a prisoner's parole date due to his or her conduct since
his or her last hearing.
(f) (1) The written notice to the judge of the superior court
before whom the prisoner was tried and convicted shall be sent by
certified mail with return receipt requested.
(2) The judge receiving this written notice may forward to the
parole board any unprivileged information from the trial or
sentencing proceeding regarding the prisoner, witnesses, or victims,
or other relevant persons, or any other information, that is
pertinent to the question of whether the parole board should grant
parole or under what conditions parole should be granted. The judge
may also, in his or her discretion, include information given to him
or her by victims, witnesses, or other persons that bear on the
question of the prisoner's suitability for parole.
(3) The parole board shall review and consider all information
received from the judge or any other person and shall consider
adjusting the terms or conditions of parole to reflect the comments
or concerns raised by this information, as appropriate.
(g) Nothing in this section shall be construed as limiting the
type or content of information the judge or any other person may
forward to the parole board for consideration under any other
provision of law.
(h) Any person who receives notice under subdivision (a) who is
authorized to forward information for consideration in a parole
suitability hearing or the setting of a parole date for a person
sentenced to a life sentence under this section, may forward that
information either by facsimile or electronic mail. The Department of
Corrections shall establish procedures for receiving the information
by facsimile or electronic mail pursuant to this subdivision.
3043. (a) (1) Upon request, notice of any hearing to review or
consider the parole suitability or the setting of a parole date for
any prisoner in a state prison shall be sent by the Board of Parole
Hearings at least 90 days before the hearing to any victim of any
crime committed by the prisoner, or to the next of kin of the victim
if the victim has died, to include the commitment crimes, determinate
term commitment crimes for which the prisoner has been paroled, and
any other felony crimes or crimes against the person for which the
prisoner has been convicted. The requesting party shall keep the
board apprised of his or her current mailing address.
(2) No later than 30 days prior to the date selected for the
hearing, any person, other than the victim, entitled to attend the
hearing shall inform the board of his or her intention to attend the
hearing and the name and identifying information of any other person
entitled to attend the hearing who will accompany him or her.
(3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
(b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2) of
this subdivision have the right to appear, personally or by counsel,
at the hearing and to adequately and reasonably express his, her, or
their views concerning the prisoner and the case, including, but not
limited to the commitment crimes, determinate term commitment crimes
for which the prisoner has been paroled, any other felony crimes or
crimes against the person for which the prisoner has been convicted,
the effect of the enumerated crimes on the victim and the family of
the victim, the person responsible for these enumerated crimes, and
the suitability of the prisoner for parole.
(2) Any statement provided by a representative designated by the
victim or next of kin may cover any subject about which the victim or
next of kin has the right to be heard including any recommendation
regarding the granting of parole. The representatives shall be
designated by the victim or, in the event that the victim is deceased
or incapacitated, by the next of kin. They shall be designated in
writing for the particular hearing prior to the hearing.
(c) A representative designated by the victim or the victim's next
of kin for purposes of this section may be any adult person selected
by the victim or the family of the victim. The board shall permit a
representative designated by the victim or the victim's next of kin
to attend a particular hearing, to provide testimony at a hearing,
and to submit a statement to be included in the hearing as provided
in Section 3043.2, even though the victim, next of kin, or a member
of the victim's immediate family is present at the hearing, and even
though the victim, next of kin, or a member of the victim's immediate
family has submitted a statement as described in Section 3043.2.
(d) The board, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements of the
victim or victims, next of kin, immediate family members of the
victim, and the designated representatives of the victim or next of
kin, if applicable, made pursuant to this section and shall include
in its report a statement whether the person would pose a threat to
public safety if released on parole.
(e) In those cases where there are more than two immediate family
members of the victim who wish to attend any hearing covered in this
section, the board shall allow attendance of additional immediate
family members to include the following: spouse, children, parents,
siblings, grandchildren, and grandparents.
3043.1. Notwithstanding any other provision of 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 the parole suitability
or the setting of a parole date for any prisoner pursuant to Section
3043 shall be entitled to the attendance of one person of his or her
own choosing at the hearing for support. The person so chosen shall
not participate in the hearing nor make comments while in attendance.
3043.2. (a) (1) In lieu of personal appearance at any hearing to
review the parole suitability or the setting of a parole date, the
Board of Prison Terms shall permit the victim, his or her next of
kin, immediate family members, or two representatives designated for
a particular hearing by the victim or next of kin in writing prior to
the hearing to file with the board a written, audiotaped, or
videotaped statement, or statement stored on a CD Rom, DVD, or any
other recording medium accepted by a court pursuant to Section
1191.15 or by the board, expressing his or her views concerning the
crime and the person responsible. The statement may be personal
messages from the person to the board made at any time or may be a
statement made pursuant to Section 1191.16, or a combination of both,
except that any statement provided by a representative designated by
the victim or next of kin shall be limited to comments concerning
the effect of the crime on the victim.
(2) A representative designated by the victim or the victim's next
of kin for purposes of this section must be either a family or
household member of the victim.
(3) The board shall consider any statement filed prior to reaching
a decision, and shall include in its report a statement of whether
the person would pose a threat to public safety if released on
parole.
(b) Whenever an audio or video statement or a statement stored on
a CD Rom, DVD, or other medium is filed with the board, a written
transcript of the statement shall also be provided by the person
filing the statement.
(c) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the board the views of the victim,
his or her immediate family members, or next of kin.
(d) In the event the board permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
board shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.
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 writing prior to the hearing who have
the right to appear at a hearing to review parole suitability or the
setting of a parole date, either personally as provided in Section
3043, or by a written, audiotaped, or videotaped statement as
provided in Section 3043.2, and any prosecutor who has the right to
appear pursuant to Section 3041.7, shall also have the right to
appear by means of videoconferencing, if videoconferencing is
available at the hearing site. For the purposes of this section,
"videoconferencing" means the live transmission of audio and video
signals by any means from one physical location to another.
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 children or grandchildren who are
related by blood, marriage, or adoption. As used in Sections 3043 and
3043.2, the term "household member of the victim" means a person who
lives, or was living at the time of the crime, in the victim's
household, and who has, or for a deceased victim had at the time of
the crime, an intimate or close relationship with the victim.
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 any
prisoner in a state prison shall have the right to submit a statement
of views in support of or in opposition to the granting of parole.
The board, in deciding whether to release the person on parole, shall
review all information received from the public to insure that the
gravity and timing of all current or past convicted offenses have
been given adequate consideration and to insure that the safety of
the public has been adequately considered. Upon completion of its
review, the board shall include in its report a statement that it has
reviewed all information received from the public and its conclusion
as to whether the person would pose a threat to the public safety if
released on parole.
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 immediate family, or next of kin,
pursuant to Section 3043.2, shall have the right to speak last before
the board in regard to those persons appearing and speaking before
the board at a parole hearing. Nothing in this section shall prohibit
the person presiding at the hearing from taking any steps he or she
deems appropriate to ensure that only accurate and relevant
statements are considered in determining parole suitability as
provided in law, including, but not limited to, the rebuttal of
inaccurate statements made by any party.
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 protecting victims' rights in
the parole process. Accordingly, to protect a victim from harassment
and abuse during the parole process, no person paroled from a
California correctional facility following incarceration for an
offense committed on or after the effective date of this act shall,
in the event his or her parole is revoked, be entitled to procedural
rights other than the following:
(1) A parolee shall be entitled to a probable cause hearing no
later than 15 days following his or her arrest for violation of
parole.
(2) A parolee shall be entitled to an evidentiary revocation
hearing no later than 45 days following his or her arrest for
violation of parole.
(3) A parolee shall, upon request, be entitled to counsel at state
expense only if, considering the request on a case-by-case basis,
the board or its hearing officers determine:
(A) The parolee is indigent; and
(B) Considering the complexity of the charges, the defense, or
because the parolee's mental or educational capacity, he or she
appears incapable of speaking effectively in his or her own defense.
(4) In the event the parolee's request for counsel, which shall be
considered on a case-by-case basis, is denied, the grounds for
denial shall be stated succinctly in the record.
(5) Parole revocation determinations shall be based upon a
preponderance of evidence admitted at hearings including documentary
evidence, direct testimony, or hearsay evidence offered by parole
agents, peace officers, or a victim.
(6) Admission of the recorded or hearsay statement of a victim or
percipient witness shall not be construed to create a right to
confront the witness at the hearing.
(b) The board is entrusted with the safety of victims and the
public and shall make its determination fairly, independently, and
without bias and shall not be influenced by or weigh the state cost
or burden associated with just decisions. The board must accordingly
enjoy sufficient autonomy to conduct unbiased hearings, and maintain
an independent legal and administrative staff. The board shall report
to the Governor.
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 previous conviction.
3046. (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
(1) A term of at least seven calendar years.
(2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
(b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.
(c) The Board of Prison Terms shall, in considering a parole for a
prisoner, consider all statements and recommendations which may have
been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested in the
granting or denying of the parole. The board shall enter on its order
granting or denying parole to these prisoners, the fact that the
statements and recommendations have been considered by it.
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 provided by law for the offense of
which he was convicted, except that in cases where the prisoner was
serving a sentence on December 31, 1947, and in which the minimum
term of imprisonment is more than one year, he may be paroled at any
time after the expiration of one-half of the minimum term, with
benefit of credits, but in no case shall he be paroled until he has
served one calendar year; provided, that any prisoner, received on or
after January 1, 1948, at any state prison or institution under the
jurisdiction of the Director of Corrections, whose minimum term of
imprisonment is more than one year, may be paroled at any time after
the expiration of one-third of the minimum term. In all other cases
he may be paroled at any time after he has served the minimum term
prescribed by law.
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 paroled upon completion
of the diagnostic study provided for in Section 5079. The number of
prisoners released in any year under this provision shall not exceed
5 percent of the total number of all prisoners released in the
preceding year.
This section shall not apply to a prisoner who, while committing
the offense for which he has been imprisoned, physically attacked any
person by any means. A threat of attack is not a physcial attack for
the purposes of this section unless such threat was accompanied by
an attempt to inflict physical harm upon some person.
The Board of Corrections shall report to the Legislature on the
fifth Legislative day of the 1974 Regular Session of the Legislature
regarding any research program completed or in progress authorized
under this section, and thereafter it shall report annually.
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 and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
in prison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.
3052. The Board of Prison Terms shall have the power to establish
and enforce rules and regulations under which prisoners committed to
state prisons may be allowed to go upon parole outside the prison
buildings and enclosures when eligible for parole.
3053. (a) The Board of Prison Terms upon granting any parole to any
prisoner may also impose on the parole any conditions that it may
deem proper.
(b) The Board of Prison Terms may impose as a condition of parole
that any prisoner granted parole undergo an examination or test for
tuberculosis when the board reasonably suspects that the parolee has,
has had, or has been exposed to, tuberculosis in an infectious
stage.
(c) For purposes of this section, an "examination or test for
tuberculosis" means testing and followup examinations or treatment
according to the Centers for Disease Control and American Thoracic
Society recommendations in effect at the time of the initial
examination.
3053.2. (a) Upon the request of the victim, or the victim's parent
or legal guardian if the victim is a minor, the parole authority
shall impose the following condition on the parole of a person
released from prison for an offense involving threatening, stalking,
sexually abusing, harassing, or violent acts in which the victim is a
person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, sexually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:
(1) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least
100 yards of the victim or the victim's residence or workplace.
(3) An order excluding the parolee from the victim's residence.
(b) The parole authority may impose the following condition on the
parole of a person released from prison for an offense involving
threatening, stalking, sexually abusing, harassing, or violent acts
in which the victim is a person specified in Section 6211 of the
Family Code:
For persons who committed the offense prior to January 1, 1997,
participation in a batterer's program, as specified in this section,
for the entire period of parole. For persons who committed the
offense after January 1, 1997, successful completion of a batterer's
program, which shall be a condition of release from parole. If no
batterer's program is available, another appropriate counseling
program designated by the parole agent or officer, for a period of
not less than one year, with weekly sessions of a minimum of two
hours of classroom time. The program director shall give periodic
progress reports to the parole agent or officer at least every three
months.
(c) The parole agent or officer shall refer the parolee only to a
batterer's program that follows the standards outlined in Section
1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer's
program with the parole agent or officer within 30 days after the
first meeting with his or her parole agent or officer, if he or she
committed the offense after January 1, 1997, or within 30 days of
receiving notice of this parole condition, if he or she committed the
offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial
assessment of the parolee, which information shall be provided to the
batterer's program. The assessment shall include, but not be limited
to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest
reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim
desires to participate.
(f) Upon request of the victim, the victim shall be notified of
the release of the parolee and the parolee's location and parole
agent or officer. If the victim requests notification, he or she
shall also be informed that attendance in any program does not
guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the
failure to enroll in a specified program, as directed, may be
considered a parole violation that would result in possible further
incarceration.
(h) The director of the batterer's program shall immediately
report any violation of the terms of the protective order issued
pursuant to paragraph (3) of subdivision (a), including any new acts
of violence or failure to comply with the program requirements, to
the parolee's parole agent or officer.
(i) Upon recommendation of the director of the batterer's program,
a parole agent or officer may require a parolee to participate in
additional sessions throughout the parole period, unless he or she
finds that it is not in the interests of justice to do so. In
deciding whether the parolee would benefit from more sessions, the
parole agent or officer shall consider whether any of the following
conditions exist:
(1) The parolee has been violence-free for a minimum of six
months.
(2) The parolee has cooperated and participated in the batterer's
program.
(3) The parolee demonstrates an understanding of, and practices,
positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that
dehumanize the victim or puts the victim's safety at risk, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, sexually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(6) The parolee has made threats to harm another person in any
manner.
(7) The parolee demonstrates acceptance of responsibility for the
abusive behavior perpetrated against the victim.
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 property of another individual,
private institution, or public agency because of the victim's actual
or perceived race, color, ethnicity, religion, nationality, country
of origin, ancestry, disability, gender, or sexual orientation,
including, but not limited to, offenses defined in Section 422.6,
422.7, 422.75, 594.3, or 11411, the parole authority, absent
compelling circumstances, shall order the defendant as a condition of
parole to refrain from further acts of violence, threats, stalking,
or harassment of the victim, or known immediate family or domestic
partner of the victim, including stay-away conditions when
appropriate. In these cases, the parole authority may also order that
the defendant be required as a condition of parole to complete a
class or program on racial or ethnic sensitivity, or other similar
training in the area of civil rights, or a one-year counseling
program intended to reduce the tendency toward violent and antisocial
behavior if that class, program, or training is available and was
developed or authorized by the court or local agencies in cooperation
with organizations serving the affected community.
3053.5. Upon granting parole to any prisoner convicted of any of
the offenses enumerated in Section 290, the Board of Prison Terms
shall inquire into the question whether the defendant at the time the
offense was committed was intoxicated or addicted to the excessive
use of alcoholic liquor or beverages at that time or immediately
prior thereto, and if it is found that the person was so intoxicated
or so addicted, it shall impose as a condition of parole that such
prisoner shall totally abstain from the use of alcoholic liquor or
beverages.
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, in an appropriate case, shall
make an order that the parolee not contact or communicate with the
victim of the crime, or any of the victim's family members. In
determining whether to make the order, the department shall consider
the facts of the offense and the background of the parolee.
(b) Where a victim, or an immediate family member of a victim,
requests that the parolee not contact him or her, the order shall be
made. An immediate family member's request that the parolee not
contact that person shall be granted even where the direct victim
allows contact.
(c) Where the victim is a minor, the order that the parolee shall
not contact or communicate with the victim shall be made where
requested by the victim, or the parents or guardian of the victim. In
the event of a dispute between the parents or guardians of a minor
victim concerning whether a no-contact and no-communication order
should be made, the board shall hold a hearing to resolve the
dispute. The victim, or the parents or guardians, shall not be
required to attend the hearing. The victim, or the parents of the
victim, may submit a written statement to the board concerning the
issue of whether a no-contact or no-communication order shall be
made.
(d) The district attorney of the county that prosecuted the
defendant for the sex crime for which the parolee was committed to
prison may be available to facilitate and assist the victim, or
victim's family member, in stating to the department whether or not
the order that the parolee not contact or communicate with him or her
shall be made.
3053.8. (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment for any of the offenses specified in subdivision (b) in
which one or more of the victims was under 14 years of age, and for
which registration is required pursuant to the Sex Offender
Registration Act, it shall be a condition of parole that the person
may not, during his or her period of parole, enter any park where
children regularly gather without the express permission of his or
her parole agent.
(b) Subdivision (a) shall apply to persons released on parole
after having served a term of imprisonment for an offense specified
in Section 261, 262, 264.1, 269, 286, 288a, paragraph (1) of
subdivision (b) of Section 288, 288.5, 288.7, 289, subdivision (c) of
Section 667.51, subdivision (j), (k), or (l) of Section 667.61, or
667.71.
3054. (a) (1) The Department of Corrections shall establish three
pilot programs that provide intensive training and counseling
programs for female parolees to assist in the successful
reintegration of those parolees into the community upon release or
discharge from prison and after completion of in-prison therapeutic
community substance abuse treatment programs.
(2) The Director of Corrections shall determine the counties in
which the pilot programs are established.
(b) (1) The services offered in the pilot programs may include,
but shall not be limited to, drug and alcohol abuse treatment,
cognitive skills development, education, life skills, job skills,
victim impact awareness, anger management, family reunification,
counseling, vocational training and support, residential care, and
placement in affordable housing and employment opportunities.
(2) Ancillary services such as child care and reimbursement of
transportation costs shall be provided to the extent necessary to
permit full participation by female offenders in employment
assistance, substance abuse treatment, and other program elements.
(3) The pilot programs shall include a case management component
to assess the social services and other needs of participating in the
social services, education, job training, and other programs most
likely to result in their recovery and employment success.
(c) With respect to a female parolee who violates her parole, the
Board of Prison Terms may order initial or continued participation in
a program under this section, in lieu of revocation pursuant to
Section 3060, provided the department approves the program
participation, the parolee meets all eligibility criteria for the
program, and the parole violation was nonviolent.
(d) (1) The Department of Corrections shall prepare an
informational handout explaining the pilot programs created by this
section.
(2) A copy of this informational handout shall be given to each
female inmate eligible for any of the pilot programs and to each
female parolee eligible for any of the pilot programs pursuant to
subdivision (c).
(e) Subject to appropriation of funds, the department is
authorized to enter into contracts, or amend existing contracts, for
community residential treatment services for offenders and minor
children in an offender's custody in order to carry out the goals
stated in paragraph (1) of subdivision (a).
(f) (1) It is the intent of the Legislature that the programs
demonstrate the cost-effectiveness of providing the enhanced services
described in subdivision (b), based upon an annual evaluation of a
representative sample of female parolees, in order to determine the
impact of these services upon the criminal recidivism, employment,
and welfare dependency of the offenders and their families.
(2) The department, with the assistance of an independent
consultant with expertise in criminal justice programs, shall
complete a report evaluating the cost-effectiveness of the pilot
programs in regard to the effect of the programs (A) on the
recidivism of participating female offenders compared with a
comparable nonparticipating group of female offenders and (B) on the
employment of female offenders and the welfare dependency of a female
offender's family. The report shall be provided to the Governor and
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of both houses of the
Legislature by January 1, 2002.
3056. Prisoners on parole shall remain under the legal custody of
the department and shall be subject at any time to be taken back
within the inclosure of the prison.
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 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12020,
12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560,
or Section 664 for any attempt to engage in conduct described in or
that could be prosecuted under any of the above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
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 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12022,
12022.5, 12022.53, 12022.7, 12022.8, or 25400, Chapter 2 (commencing
with Section 29800) of Division 9 of Title 4 of Part 6, any provision
listed in Section 16590, or Section 664 for any attempt to engage in
conduct described in or that could be prosecuted under any of the
above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
3058. Any person who knowingly and wilfully communicates to
another, either orally or in writing, any statement concerning any
person then or theretofore convicted of a felony, and then on parole,
and which communication is made with the purpose and intent to
deprive said person so convicted of employment, or to prevent him
from procuring the same, or with the purpose and intent to extort
from him any money or article of value; and any person who threatens
to make any said communication with the purpose and intent to extort
money or any article of value from said person so convicted of a
felony, is guilty of a misdemeanor.
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 any sex offense identified in
statute as being perpetrated against a minor, has violated the terms
or conditions of parole related specifically to restrictions on
contact with the victim or the victim's family.
(b) The Department of Corrections shall annually provide to all
parole officers a written summary describing the legal duties of
parole officers to report information to local child protective
agencies as required by Section 11166 and this section.
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 the department, including actual,
glossy photographs, no smaller than 3 1/8 x 3 1/8 inches in size,
and, in conjunction with the Department of Justice, fingerprints,
concerning persons then on parole who are or may be residing or
temporarily domiciled in that city or county.
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 Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168 or the
Department of Corrections, with respect to inmates sentenced pursuant
to Section 1170, shall notify the sheriff or chief of police, or
both, and the district attorney, who has jurisdiction over the
community in which the person was convicted and, in addition, the
sheriff or chief of police, or both, and the district attorney,
having jurisdiction over the community in which the person is
scheduled to be released on parole or rereleased following a period
of confinement pursuant to a parole revocation without a new
commitment.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole at the time of release.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.
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 45 days prior to the person's
scheduled release date, the sheriff or chief of police, or both, and
the district attorney who has jurisdiction over the community in
which the person was convicted, and the sheriff, chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole,
or released following a period of confinement pursuant to a parole
revocation without a new commitment. The notification shall indicate
whether the victim has requested notification from the department
pursuant to Section 646.92.
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 offense specified as being
perpetrated against a minor, or an act of domestic violence, or as
ordered by a court, the Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections, with respect to inmates sentenced
pursuant to Section 1170, shall notify the following parties that the
person is scheduled to be released on parole, or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment, as specified in subdivision (b):
(A) The immediate family of the parolee who requests notification
and provides the department with a current address.
(B) A county child welfare services agency that requests
notification pursuant to Section 16507 of the Welfare and
Institutions Code.
(2) For the purposes of this paragraph, "immediate family of the
parolee" means the parents, siblings, and spouse of the parolee.
(b) (1) The notification shall be made by mail at least 60 days
prior to the scheduled release date, except as provided in paragraph
(2). In all cases, the notification shall include the name of the
person who is scheduled to be released, the terms of that person's
parole, whether or not that person is required to register with local
law enforcement, and the community in which that person will reside.
The notification shall specify the office within the Department of
Corrections that has the authority to make the final determination
and adjustments regarding parole location decisions
3040. The Board of Prison Terms shall have the power to allow
prisoners imprisoned in the state prisons pursuant to subdivision (b)
of Section 1168 to go upon parole outside the prison walls and
enclosures. The board may parole prisoners in the state prisons to
camps for paroled prisoners established under Section 2792.
3041. (a) In the case of any inmate sentenced pursuant to any
provision of law, other than Chapter 4.5 (commencing with Section
1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet
with each inmate during the third year of incarceration for the
purposes of reviewing the inmate's file, making recommendations, and
documenting activities and conduct pertinent to granting or
withholding postconviction credit. One year prior to the inmate's
minimum eligible parole release date a panel of two or more
commissioners or deputy commissioners shall again meet with the
inmate and shall normally set a parole release date as provided in
Section 3041.5. No more than one member of the panel shall be a
deputy commissioner. In the event of a tie vote, the matter shall be
referred for an en banc review of the record that was before the
panel that rendered the tie vote. Upon en banc review, the board
shall vote to either grant or deny parole and render a statement of
decision. The en banc review shall be conducted pursuant to
subdivision (e). The release date shall be set in a manner that will
provide uniform terms for offenses of similar gravity and magnitude
with respect to their threat to the public, and that will comply with
the sentencing rules that the Judicial Council may issue and any
sentencing information relevant to the setting of parole release
dates. The board shall establish criteria for the setting of parole
release dates and in doing so shall consider the number of victims of
the crime for which the inmate was sentenced and other factors in
mitigation or aggravation of the crime. At least one commissioner of
the panel shall have been present at the last preceding meeting,
unless it is not feasible to do so or where the last preceding
meeting was the initial meeting. Any person on the hearing panel may
request review of any decision regarding parole for an en banc
hearing by the board. In case of a review, a majority vote in favor
of parole by the board members participating in an en banc review is
required to grant parole to any inmate.
(b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
meeting.
(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that, during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings, or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
(e) For purposes of this section, an en banc review by the board
means a review conducted by a majority of commissioners holding
office on the date the matter is heard by the board. An en banc
review shall be conducted in compliance with the following:
(1) The commissioners conducting the review shall consider the
entire record of the hearing that resulted in the tie vote.
(2) The review shall be limited to the record of the hearing. The
record shall consist of the transcript or audiotape of the hearing,
written or electronically recorded statements actually considered by
the panel that produced the tie vote, and any other material actually
considered by the panel. New evidence or comments shall not be
considered in the en banc proceeding.
(3) The board shall separately state reasons for its decision to
grant or deny parole.
(4) A commissioner who was involved in the tie vote shall be
recused from consideration of the matter in the en banc review.
3041.1. Up to 90 days prior to a scheduled release date, the
Governor may request review of any decision by a parole authority
concerning the grant or denial of parole to any inmate in a state
prison. The Governor shall state the reason or reasons for the
request, and whether the request is based on a public safety concern,
a concern that the gravity of current or past convicted offenses may
have been given inadequate consideration, or on other factors. When
a request has been made, a randomly selected committee comprised of
nine commissioners specifically appointed to hear adult parole
matters and who are holding office at the time, shall review the
parole decision. In case of a review, a vote in favor of parole by a
majority of the commissioners on the committee shall be required to
grant parole to any inmate. In carrying out any review, the board
shall comply with the provisions of this chapter.
3041.2. (a) During the 30 days following the granting, denial,
revocation, or suspension by a parole authority of the parole of a
person sentenced to an indeterminate prison term based upon a
conviction of murder, the Governor, when reviewing the authority's
decision pursuant to subdivision (b) of Section 8 of Article V of the
Constitution, shall review materials provided by the parole
authority.
(b) If the Governor decides to reverse or modify a parole decision
of a parole authority pursuant to subdivision (b) of Section 8 of
Article V of the Constitution, he or she shall send a written
statement to the inmate specifying the reasons for his or her
decision.
3041.5. (a) At all hearings for the purpose of reviewing a prisoner'
s parole suitability, or the setting, postponing, or rescinding of
parole dates, with the exception of en banc review of tie votes, the
following shall apply:
(1) At least 10 days prior to any hearing by the Board of Parole
Hearings, the prisoner shall be permitted to review his or her file
which will be examined by the board and shall have the opportunity to
enter a written response to any material contained in the file.
(2) The prisoner shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf. Neither the
prisoner nor the attorney for the prisoner shall be entitled to ask
questions of any person appearing at the hearing pursuant to
subdivision (b) of Section 3043.
(3) Unless legal counsel is required by some other provision of
law, a person designated by the Department of Corrections and
Rehabilitation shall be present to ensure that all facts relevant to
the decision be presented, including, if necessary, contradictory
assertions as to matters of fact that have not been resolved by
departmental or other procedures.
(4) The prisoner and any person described in subdivision (b) of
Section 3043 shall be permitted to request and receive a stenographic
record of all proceedings.
(5) If the hearing is for the purpose of postponing or rescinding
of parole dates, the prisoner shall have rights set forth in
paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6) The board shall set a date to reconsider whether an inmate
should be released on parole that ensures a meaningful consideration
of whether the inmate is suitable for release on parole.
(b) (1) Within 10 days following any meeting where a parole date
has been set, the board shall send the prisoner a written statement
setting forth his or her parole date, the conditions he or she must
meet in order to be released on the date set, and the consequences of
failure to meet those conditions.
(2) Within 20 days following any meeting where a parole date has
not been set, the board shall send the prisoner a written statement
setting forth the reason or reasons for refusal to set a parole date,
and suggest activities in which he or she might participate that
will benefit him or her while he or she is incarcerated.
(3) The board shall schedule the next hearing, after considering
the views and interests of the victim, as follows:
(A) Fifteen years after any hearing at which parole is denied,
unless the board finds by clear and convincing evidence that the
criteria relevant to the setting of parole release dates enumerated
in subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than 10 additional years.
(B) Ten years after any hearing at which parole is denied, unless
the board finds by clear and convincing evidence that the criteria
relevant to the setting of parole release dates enumerated in
subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than seven additional years.
(C) Three years, five years, or seven years after any hearing at
which parole is denied, because the criteria relevant to the setting
of parole release dates enumerated in subdivision (a) of Section 3041
are such that consideration of the public and victim's safety
requires a more lengthy period of incarceration for the prisoner, but
does not require a more lengthy period of incarceration for the
prisoner than seven additional years.
(4) The board may in its discretion, after considering the views
and interests of the victim, advance a hearing set pursuant to
paragraph (3) to an earlier date, when a change in circumstances or
new information establishes a reasonable likelihood that
consideration of the public and victim's safety does not require the
additional period of incarceration of the prisoner provided in
paragraph (3).
(5) Within 10 days of any board action resulting in the
postponement of a previously set parole date, the board shall send
the prisoner a written statement setting forth a new date and the
reason or reasons for that action and shall offer the prisoner an
opportunity for review of that action.
(6) Within 10 days of any board action resulting in the rescinding
of a previously set parole date, the board shall send the prisoner a
written statement setting forth the reason or reasons for that
action, and shall schedule the prisoner's next hearing in accordance
with paragraph (3).
(c) The board shall conduct a parole hearing pursuant to this
section as a de novo hearing. Findings made and conclusions reached
in a prior parole hearing shall be considered in but shall not be
deemed to be binding upon subsequent parole hearings for an inmate,
but shall be subject to reconsideration based upon changed facts and
circumstances. When conducting a hearing, the board shall admit the
prior recorded or memorialized testimony or statement of a victim or
witness, upon request of the victim or if the victim or witness has
died or become unavailable. At each hearing the board shall determine
the appropriate action to be taken based on the criteria set forth
in paragraph (3) of subdivision (a) of Section 3041.
(d) (1) An inmate may request that the board exercise its
discretion to advance a hearing set pursuant to paragraph (3) of
subdivision (b) to an earlier date, by submitting a written request
to the board, with notice, upon request, and a copy to the victim
which shall set forth the change in circumstances or new information
that establishes a reasonable likelihood that consideration of the
public safety does not require the additional period of incarceration
of the inmate.
(2) The board shall have sole jurisdiction, after considering the
views and interests of the victim to determine whether to grant or
deny a written request made pursuant to paragraph (1), and its
decision shall be subject to review by a court or magistrate only for
a manifest abuse of discretion by the board. The board shall have
the power to summarily deny a request that does not comply with the
provisions of this subdivision or that does not set forth a change in
circumstances or new information as required in paragraph (1) that
in the judgment of the board is sufficient to justify the action
described in paragraph (4) of subdivision (b).
(3) An inmate may make only one written request as provided in
paragraph (1) during each three-year period. Following either a
summary denial of a request made pursuant to paragraph (1), or the
decision of the board after a hearing described in subdivision (a) to
not set a parole date, the inmate shall not be entitled to submit
another request for a hearing pursuant to subdivision (a) until a
three-year period of time has elapsed from the summary denial or
decision of the board.
3041.7. At any hearing for the purpose of setting, postponing, or
rescinding a parole release date of a prisoner under a life sentence,
the prisoner shall be entitled to be represented by counsel and the
provisions of Section 3041.5 shall apply. The Board of Parole
Hearings shall provide by rule for the invitation of the prosecutor
of the county from which the prisoner was committed, or his
representative, to represent the interests of the people at the
hearing. The Board of Parole Hearings shall notify the prosecutor and
the Attorney General at least 30 days prior to the date of the
hearing.
Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the prisoner was committed, or
his representative, who shall not be the Attorney General, except in
cases in which the Attorney General prosecuted the case at the trial
level, shall be the sole representative of the interests of the
people.
3042. (a) At least 30 days before the Board of Prison Terms meets
to review or consider the parole suitability or the setting of a
parole date for any prisoner sentenced to a life sentence, the board
shall send written notice thereof to each of the following persons:
the judge of the superior court before whom the prisoner was tried
and convicted, the attorney who represented the defendant at trial,
the district attorney of the county in which the offense was
committed, the law enforcement agency that investigated the case, and
where the prisoner was convicted of the murder of a peace officer,
the law enforcement agency which had employed that peace officer at
the time of the murder.
(b) The Board of Prison Terms shall record all those hearings and
transcribe recordings of those hearings within 30 days of any
hearing. Those transcripts, including the transcripts of all prior
hearings, shall be filed and maintained in the office of the Board of
Prison Terms and shall be made available to the public no later than
30 days from the date of the hearing. No prisoner shall actually be
released on parole prior to 60 days from the date of the hearing.
(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.
(d) Any statements, recommendations, or other materials considered
shall be incorporated into the transcript of the hearing, unless the
material is confidential in order to preserve institutional security
and the security of others who might be endangered by disclosure.
(e) This section shall not apply to any hearing held to consider
advancing a prisoner's parole date due to his or her conduct since
his or her last hearing.
(f) (1) The written notice to the judge of the superior court
before whom the prisoner was tried and convicted shall be sent by
certified mail with return receipt requested.
(2) The judge receiving this written notice may forward to the
parole board any unprivileged information from the trial or
sentencing proceeding regarding the prisoner, witnesses, or victims,
or other relevant persons, or any other information, that is
pertinent to the question of whether the parole board should grant
parole or under what conditions parole should be granted. The judge
may also, in his or her discretion, include information given to him
or her by victims, witnesses, or other persons that bear on the
question of the prisoner's suitability for parole.
(3) The parole board shall review and consider all information
received from the judge or any other person and shall consider
adjusting the terms or conditions of parole to reflect the comments
or concerns raised by this information, as appropriate.
(g) Nothing in this section shall be construed as limiting the
type or content of information the judge or any other person may
forward to the parole board for consideration under any other
provision of law.
(h) Any person who receives notice under subdivision (a) who is
authorized to forward information for consideration in a parole
suitability hearing or the setting of a parole date for a person
sentenced to a life sentence under this section, may forward that
information either by facsimile or electronic mail. The Department of
Corrections shall establish procedures for receiving the information
by facsimile or electronic mail pursuant to this subdivision.
3043. (a) (1) Upon request, notice of any hearing to review or
consider the parole suitability or the setting of a parole date for
any prisoner in a state prison shall be sent by the Board of Parole
Hearings at least 90 days before the hearing to any victim of any
crime committed by the prisoner, or to the next of kin of the victim
if the victim has died, to include the commitment crimes, determinate
term commitment crimes for which the prisoner has been paroled, and
any other felony crimes or crimes against the person for which the
prisoner has been convicted. The requesting party shall keep the
board apprised of his or her current mailing address.
(2) No later than 30 days prior to the date selected for the
hearing, any person, other than the victim, entitled to attend the
hearing shall inform the board of his or her intention to attend the
hearing and the name and identifying information of any other person
entitled to attend the hearing who will accompany him or her.
(3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
(b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2) of
this subdivision have the right to appear, personally or by counsel,
at the hearing and to adequately and reasonably express his, her, or
their views concerning the prisoner and the case, including, but not
limited to the commitment crimes, determinate term commitment crimes
for which the prisoner has been paroled, any other felony crimes or
crimes against the person for which the prisoner has been convicted,
the effect of the enumerated crimes on the victim and the family of
the victim, the person responsible for these enumerated crimes, and
the suitability of the prisoner for parole.
(2) Any statement provided by a representative designated by the
victim or next of kin may cover any subject about which the victim or
next of kin has the right to be heard including any recommendation
regarding the granting of parole. The representatives shall be
designated by the victim or, in the event that the victim is deceased
or incapacitated, by the next of kin. They shall be designated in
writing for the particular hearing prior to the hearing.
(c) A representative designated by the victim or the victim's next
of kin for purposes of this section may be any adult person selected
by the victim or the family of the victim. The board shall permit a
representative designated by the victim or the victim's next of kin
to attend a particular hearing, to provide testimony at a hearing,
and to submit a statement to be included in the hearing as provided
in Section 3043.2, even though the victim, next of kin, or a member
of the victim's immediate family is present at the hearing, and even
though the victim, next of kin, or a member of the victim's immediate
family has submitted a statement as described in Section 3043.2.
(d) The board, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements of the
victim or victims, next of kin, immediate family members of the
victim, and the designated representatives of the victim or next of
kin, if applicable, made pursuant to this section and shall include
in its report a statement whether the person would pose a threat to
public safety if released on parole.
(e) In those cases where there are more than two immediate family
members of the victim who wish to attend any hearing covered in this
section, the board shall allow attendance of additional immediate
family members to include the following: spouse, children, parents,
siblings, grandchildren, and grandparents.
3043.1. Notwithstanding any other provision of 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 the parole suitability
or the setting of a parole date for any prisoner pursuant to Section
3043 shall be entitled to the attendance of one person of his or her
own choosing at the hearing for support. The person so chosen shall
not participate in the hearing nor make comments while in attendance.
3043.2. (a) (1) In lieu of personal appearance at any hearing to
review the parole suitability or the setting of a parole date, the
Board of Prison Terms shall permit the victim, his or her next of
kin, immediate family members, or two representatives designated for
a particular hearing by the victim or next of kin in writing prior to
the hearing to file with the board a written, audiotaped, or
videotaped statement, or statement stored on a CD Rom, DVD, or any
other recording medium accepted by a court pursuant to Section
1191.15 or by the board, expressing his or her views concerning the
crime and the person responsible. The statement may be personal
messages from the person to the board made at any time or may be a
statement made pursuant to Section 1191.16, or a combination of both,
except that any statement provided by a representative designated by
the victim or next of kin shall be limited to comments concerning
the effect of the crime on the victim.
(2) A representative designated by the victim or the victim's next
of kin for purposes of this section must be either a family or
household member of the victim.
(3) The board shall consider any statement filed prior to reaching
a decision, and shall include in its report a statement of whether
the person would pose a threat to public safety if released on
parole.
(b) Whenever an audio or video statement or a statement stored on
a CD Rom, DVD, or other medium is filed with the board, a written
transcript of the statement shall also be provided by the person
filing the statement.
(c) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the board the views of the victim,
his or her immediate family members, or next of kin.
(d) In the event the board permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
board shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.
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 writing prior to the hearing who have
the right to appear at a hearing to review parole suitability or the
setting of a parole date, either personally as provided in Section
3043, or by a written, audiotaped, or videotaped statement as
provided in Section 3043.2, and any prosecutor who has the right to
appear pursuant to Section 3041.7, shall also have the right to
appear by means of videoconferencing, if videoconferencing is
available at the hearing site. For the purposes of this section,
"videoconferencing" means the live transmission of audio and video
signals by any means from one physical location to another.
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 children or grandchildren who are
related by blood, marriage, or adoption. As used in Sections 3043 and
3043.2, the term "household member of the victim" means a person who
lives, or was living at the time of the crime, in the victim's
household, and who has, or for a deceased victim had at the time of
the crime, an intimate or close relationship with the victim.
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 any
prisoner in a state prison shall have the right to submit a statement
of views in support of or in opposition to the granting of parole.
The board, in deciding whether to release the person on parole, shall
review all information received from the public to insure that the
gravity and timing of all current or past convicted offenses have
been given adequate consideration and to insure that the safety of
the public has been adequately considered. Upon completion of its
review, the board shall include in its report a statement that it has
reviewed all information received from the public and its conclusion
as to whether the person would pose a threat to the public safety if
released on parole.
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 immediate family, or next of kin,
pursuant to Section 3043.2, shall have the right to speak last before
the board in regard to those persons appearing and speaking before
the board at a parole hearing. Nothing in this section shall prohibit
the person presiding at the hearing from taking any steps he or she
deems appropriate to ensure that only accurate and relevant
statements are considered in determining parole suitability as
provided in law, including, but not limited to, the rebuttal of
inaccurate statements made by any party.
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 protecting victims' rights in
the parole process. Accordingly, to protect a victim from harassment
and abuse during the parole process, no person paroled from a
California correctional facility following incarceration for an
offense committed on or after the effective date of this act shall,
in the event his or her parole is revoked, be entitled to procedural
rights other than the following:
(1) A parolee shall be entitled to a probable cause hearing no
later than 15 days following his or her arrest for violation of
parole.
(2) A parolee shall be entitled to an evidentiary revocation
hearing no later than 45 days following his or her arrest for
violation of parole.
(3) A parolee shall, upon request, be entitled to counsel at state
expense only if, considering the request on a case-by-case basis,
the board or its hearing officers determine:
(A) The parolee is indigent; and
(B) Considering the complexity of the charges, the defense, or
because the parolee's mental or educational capacity, he or she
appears incapable of speaking effectively in his or her own defense.
(4) In the event the parolee's request for counsel, which shall be
considered on a case-by-case basis, is denied, the grounds for
denial shall be stated succinctly in the record.
(5) Parole revocation determinations shall be based upon a
preponderance of evidence admitted at hearings including documentary
evidence, direct testimony, or hearsay evidence offered by parole
agents, peace officers, or a victim.
(6) Admission of the recorded or hearsay statement of a victim or
percipient witness shall not be construed to create a right to
confront the witness at the hearing.
(b) The board is entrusted with the safety of victims and the
public and shall make its determination fairly, independently, and
without bias and shall not be influenced by or weigh the state cost
or burden associated with just decisions. The board must accordingly
enjoy sufficient autonomy to conduct unbiased hearings, and maintain
an independent legal and administrative staff. The board shall report
to the Governor.
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 previous conviction.
3046. (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
(1) A term of at least seven calendar years.
(2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
(b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.
(c) The Board of Prison Terms shall, in considering a parole for a
prisoner, consider all statements and recommendations which may have
been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested in the
granting or denying of the parole. The board shall enter on its order
granting or denying parole to these prisoners, the fact that the
statements and recommendations have been considered by it.
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 provided by law for the offense of
which he was convicted, except that in cases where the prisoner was
serving a sentence on December 31, 1947, and in which the minimum
term of imprisonment is more than one year, he may be paroled at any
time after the expiration of one-half of the minimum term, with
benefit of credits, but in no case shall he be paroled until he has
served one calendar year; provided, that any prisoner, received on or
after January 1, 1948, at any state prison or institution under the
jurisdiction of the Director of Corrections, whose minimum term of
imprisonment is more than one year, may be paroled at any time after
the expiration of one-third of the minimum term. In all other cases
he may be paroled at any time after he has served the minimum term
prescribed by law.
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 paroled upon completion
of the diagnostic study provided for in Section 5079. The number of
prisoners released in any year under this provision shall not exceed
5 percent of the total number of all prisoners released in the
preceding year.
This section shall not apply to a prisoner who, while committing
the offense for which he has been imprisoned, physically attacked any
person by any means. A threat of attack is not a physcial attack for
the purposes of this section unless such threat was accompanied by
an attempt to inflict physical harm upon some person.
The Board of Corrections shall report to the Legislature on the
fifth Legislative day of the 1974 Regular Session of the Legislature
regarding any research program completed or in progress authorized
under this section, and thereafter it shall report annually.
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 and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a sex
offender pursuant to Section 290, who has successfully completed an
in prison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.
3052. The Board of Prison Terms shall have the power to establish
and enforce rules and regulations under which prisoners committed to
state prisons may be allowed to go upon parole outside the prison
buildings and enclosures when eligible for parole.
3053. (a) The Board of Prison Terms upon granting any parole to any
prisoner may also impose on the parole any conditions that it may
deem proper.
(b) The Board of Prison Terms may impose as a condition of parole
that any prisoner granted parole undergo an examination or test for
tuberculosis when the board reasonably suspects that the parolee has,
has had, or has been exposed to, tuberculosis in an infectious
stage.
(c) For purposes of this section, an "examination or test for
tuberculosis" means testing and followup examinations or treatment
according to the Centers for Disease Control and American Thoracic
Society recommendations in effect at the time of the initial
examination.
3053.2. (a) Upon the request of the victim, or the victim's parent
or legal guardian if the victim is a minor, the parole authority
shall impose the following condition on the parole of a person
released from prison for an offense involving threatening, stalking,
sexually abusing, harassing, or violent acts in which the victim is a
person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, sexually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:
(1) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least
100 yards of the victim or the victim's residence or workplace.
(3) An order excluding the parolee from the victim's residence.
(b) The parole authority may impose the following condition on the
parole of a person released from prison for an offense involving
threatening, stalking, sexually abusing, harassing, or violent acts
in which the victim is a person specified in Section 6211 of the
Family Code:
For persons who committed the offense prior to January 1, 1997,
participation in a batterer's program, as specified in this section,
for the entire period of parole. For persons who committed the
offense after January 1, 1997, successful completion of a batterer's
program, which shall be a condition of release from parole. If no
batterer's program is available, another appropriate counseling
program designated by the parole agent or officer, for a period of
not less than one year, with weekly sessions of a minimum of two
hours of classroom time. The program director shall give periodic
progress reports to the parole agent or officer at least every three
months.
(c) The parole agent or officer shall refer the parolee only to a
batterer's program that follows the standards outlined in Section
1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer's
program with the parole agent or officer within 30 days after the
first meeting with his or her parole agent or officer, if he or she
committed the offense after January 1, 1997, or within 30 days of
receiving notice of this parole condition, if he or she committed the
offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial
assessment of the parolee, which information shall be provided to the
batterer's program. The assessment shall include, but not be limited
to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest
reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim
desires to participate.
(f) Upon request of the victim, the victim shall be notified of
the release of the parolee and the parolee's location and parole
agent or officer. If the victim requests notification, he or she
shall also be informed that attendance in any program does not
guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the
failure to enroll in a specified program, as directed, may be
considered a parole violation that would result in possible further
incarceration.
(h) The director of the batterer's program shall immediately
report any violation of the terms of the protective order issued
pursuant to paragraph (3) of subdivision (a), including any new acts
of violence or failure to comply with the program requirements, to
the parolee's parole agent or officer.
(i) Upon recommendation of the director of the batterer's program,
a parole agent or officer may require a parolee to participate in
additional sessions throughout the parole period, unless he or she
finds that it is not in the interests of justice to do so. In
deciding whether the parolee would benefit from more sessions, the
parole agent or officer shall consider whether any of the following
conditions exist:
(1) The parolee has been violence-free for a minimum of six
months.
(2) The parolee has cooperated and participated in the batterer's
program.
(3) The parolee demonstrates an understanding of, and practices,
positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that
dehumanize the victim or puts the victim's safety at risk, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, sexually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(6) The parolee has made threats to harm another person in any
manner.
(7) The parolee demonstrates acceptance of responsibility for the
abusive behavior perpetrated against the victim.
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 property of another individual,
private institution, or public agency because of the victim's actual
or perceived race, color, ethnicity, religion, nationality, country
of origin, ancestry, disability, gender, or sexual orientation,
including, but not limited to, offenses defined in Section 422.6,
422.7, 422.75, 594.3, or 11411, the parole authority, absent
compelling circumstances, shall order the defendant as a condition of
parole to refrain from further acts of violence, threats, stalking,
or harassment of the victim, or known immediate family or domestic
partner of the victim, including stay-away conditions when
appropriate. In these cases, the parole authority may also order that
the defendant be required as a condition of parole to complete a
class or program on racial or ethnic sensitivity, or other similar
training in the area of civil rights, or a one-year counseling
program intended to reduce the tendency toward violent and antisocial
behavior if that class, program, or training is available and was
developed or authorized by the court or local agencies in cooperation
with organizations serving the affected community.
3053.5. Upon granting parole to any prisoner convicted of any of
the offenses enumerated in Section 290, the Board of Prison Terms
shall inquire into the question whether the defendant at the time the
offense was committed was intoxicated or addicted to the excessive
use of alcoholic liquor or beverages at that time or immediately
prior thereto, and if it is found that the person was so intoxicated
or so addicted, it shall impose as a condition of parole that such
prisoner shall totally abstain from the use of alcoholic liquor or
beverages.
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, in an appropriate case, shall
make an order that the parolee not contact or communicate with the
victim of the crime, or any of the victim's family members. In
determining whether to make the order, the department shall consider
the facts of the offense and the background of the parolee.
(b) Where a victim, or an immediate family member of a victim,
requests that the parolee not contact him or her, the order shall be
made. An immediate family member's request that the parolee not
contact that person shall be granted even where the direct victim
allows contact.
(c) Where the victim is a minor, the order that the parolee shall
not contact or communicate with the victim shall be made where
requested by the victim, or the parents or guardian of the victim. In
the event of a dispute between the parents or guardians of a minor
victim concerning whether a no-contact and no-communication order
should be made, the board shall hold a hearing to resolve the
dispute. The victim, or the parents or guardians, shall not be
required to attend the hearing. The victim, or the parents of the
victim, may submit a written statement to the board concerning the
issue of whether a no-contact or no-communication order shall be
made.
(d) The district attorney of the county that prosecuted the
defendant for the sex crime for which the parolee was committed to
prison may be available to facilitate and assist the victim, or
victim's family member, in stating to the department whether or not
the order that the parolee not contact or communicate with him or her
shall be made.
3053.8. (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment for any of the offenses specified in subdivision (b) in
which one or more of the victims was under 14 years of age, and for
which registration is required pursuant to the Sex Offender
Registration Act, it shall be a condition of parole that the person
may not, during his or her period of parole, enter any park where
children regularly gather without the express permission of his or
her parole agent.
(b) Subdivision (a) shall apply to persons released on parole
after having served a term of imprisonment for an offense specified
in Section 261, 262, 264.1, 269, 286, 288a, paragraph (1) of
subdivision (b) of Section 288, 288.5, 288.7, 289, subdivision (c) of
Section 667.51, subdivision (j), (k), or (l) of Section 667.61, or
667.71.
3054. (a) (1) The Department of Corrections shall establish three
pilot programs that provide intensive training and counseling
programs for female parolees to assist in the successful
reintegration of those parolees into the community upon release or
discharge from prison and after completion of in-prison therapeutic
community substance abuse treatment programs.
(2) The Director of Corrections shall determine the counties in
which the pilot programs are established.
(b) (1) The services offered in the pilot programs may include,
but shall not be limited to, drug and alcohol abuse treatment,
cognitive skills development, education, life skills, job skills,
victim impact awareness, anger management, family reunification,
counseling, vocational training and support, residential care, and
placement in affordable housing and employment opportunities.
(2) Ancillary services such as child care and reimbursement of
transportation costs shall be provided to the extent necessary to
permit full participation by female offenders in employment
assistance, substance abuse treatment, and other program elements.
(3) The pilot programs shall include a case management component
to assess the social services and other needs of participating in the
social services, education, job training, and other programs most
likely to result in their recovery and employment success.
(c) With respect to a female parolee who violates her parole, the
Board of Prison Terms may order initial or continued participation in
a program under this section, in lieu of revocation pursuant to
Section 3060, provided the department approves the program
participation, the parolee meets all eligibility criteria for the
program, and the parole violation was nonviolent.
(d) (1) The Department of Corrections shall prepare an
informational handout explaining the pilot programs created by this
section.
(2) A copy of this informational handout shall be given to each
female inmate eligible for any of the pilot programs and to each
female parolee eligible for any of the pilot programs pursuant to
subdivision (c).
(e) Subject to appropriation of funds, the department is
authorized to enter into contracts, or amend existing contracts, for
community residential treatment services for offenders and minor
children in an offender's custody in order to carry out the goals
stated in paragraph (1) of subdivision (a).
(f) (1) It is the intent of the Legislature that the programs
demonstrate the cost-effectiveness of providing the enhanced services
described in subdivision (b), based upon an annual evaluation of a
representative sample of female parolees, in order to determine the
impact of these services upon the criminal recidivism, employment,
and welfare dependency of the offenders and their families.
(2) The department, with the assistance of an independent
consultant with expertise in criminal justice programs, shall
complete a report evaluating the cost-effectiveness of the pilot
programs in regard to the effect of the programs (A) on the
recidivism of participating female offenders compared with a
comparable nonparticipating group of female offenders and (B) on the
employment of female offenders and the welfare dependency of a female
offender's family. The report shall be provided to the Governor and
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of both houses of the
Legislature by January 1, 2002.
3056. Prisoners on parole shall remain under the legal custody of
the department and shall be subject at any time to be taken back
within the inclosure of the prison.
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 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12020,
12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560,
or Section 664 for any attempt to engage in conduct described in or
that could be prosecuted under any of the above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
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 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12022,
12022.5, 12022.53, 12022.7, 12022.8, or 25400, Chapter 2 (commencing
with Section 29800) of Division 9 of Title 4 of Part 6, any provision
listed in Section 16590, or Section 664 for any attempt to engage in
conduct described in or that could be prosecuted under any of the
above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.
3058. Any person who knowingly and wilfully communicates to
another, either orally or in writing, any statement concerning any
person then or theretofore convicted of a felony, and then on parole,
and which communication is made with the purpose and intent to
deprive said person so convicted of employment, or to prevent him
from procuring the same, or with the purpose and intent to extort
from him any money or article of value; and any person who threatens
to make any said communication with the purpose and intent to extort
money or any article of value from said person so convicted of a
felony, is guilty of a misdemeanor.
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 any sex offense identified in
statute as being perpetrated against a minor, has violated the terms
or conditions of parole related specifically to restrictions on
contact with the victim or the victim's family.
(b) The Department of Corrections shall annually provide to all
parole officers a written summary describing the legal duties of
parole officers to report information to local child protective
agencies as required by Section 11166 and this section.
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 the department, including actual,
glossy photographs, no smaller than 3 1/8 x 3 1/8 inches in size,
and, in conjunction with the Department of Justice, fingerprints,
concerning persons then on parole who are or may be residing or
temporarily domiciled in that city or county.
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 Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168 or the
Department of Corrections, with respect to inmates sentenced pursuant
to Section 1170, shall notify the sheriff or chief of police, or
both, and the district attorney, who has jurisdiction over the
community in which the person was convicted and, in addition, the
sheriff or chief of police, or both, and the district attorney,
having jurisdiction over the community in which the person is
scheduled to be released on parole or rereleased following a period
of confinement pursuant to a parole revocation without a new
commitment.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole at the time of release.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.
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 45 days prior to the person's
scheduled release date, the sheriff or chief of police, or both, and
the district attorney who has jurisdiction over the community in
which the person was convicted, and the sheriff, chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole,
or released following a period of confinement pursuant to a parole
revocation without a new commitment. The notification shall indicate
whether the victim has requested notification from the department
pursuant to Section 646.92.
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 offense specified as being
perpetrated against a minor, or an act of domestic violence, or as
ordered by a court, the Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections, with respect to inmates sentenced
pursuant to Section 1170, shall notify the following parties that the
person is scheduled to be released on parole, or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment, as specified in subdivision (b):
(A) The immediate family of the parolee who requests notification
and provides the department with a current address.
(B) A county child welfare services agency that requests
notification pursuant to Section 16507 of the Welfare and
Institutions Code.
(2) For the purposes of this paragraph, "immediate family of the
parolee" means the parents, siblings, and spouse of the parolee.
(b) (1) The notification shall be made by mail at least 60 days
prior to the scheduled release date, except as provided in paragraph
(2). In all cases, the notification shall include the name of the
person who is scheduled to be released, the terms of that person's
parole, whether or not that person is required to register with local
law enforcement, and the community in which that person will reside.
The notification shall specify the office within the Department of
Corrections that has the authority to make the final determination
and adjustments regarding parole location decisions
