reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3000.05.

3000.05. (a) The Department of Corrections and Rehabilitation may contract with a private debt collection agency or with the Franchise Tax Board, whichever is more cost-effective, to make collections, on behalf of a victim, from any person who is or has been under the jurisdiction of the department and who has failed to make restitution payments according to the terms and conditions specified by the department.
(b) If a debt is referred to a private debt collection agency or to the Franchise Tax Board pursuant to this section, the debtor shall be given notice of that fact, either by the department or the private debt collection agency in writing to his or her address of record, or by his or her parole officer.
(Amended by Stats. 2018, Ch. 423, Sec. 105. (SB 1494) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3000.07.

3000.07. (a) Every inmate who has been convicted for any felony violation of a “registerable sex offense” described in subdivision (c) of Section 290 or any attempt to commit any of the above-mentioned offenses and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for the term of his or her parole, or for the duration or any remaining part thereof, whichever period of time is less.
(b) Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring. No inmate shall be denied parole on the basis of his or her inability to pay for those monitoring costs.
(Amended by Stats. 2007, Ch. 579, Sec. 45. Effective October 13, 2007. Note: This section was added on Nov. 7, 2006, by initiative Prop. 83.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3000.1.

3000.1. (a) (1) In the case of any inmate sentenced under Section 1168 for any offense of first or second degree murder with a maximum term of life imprisonment, the period of parole, if parole is granted, shall be the remainder of the inmate’s life.
(2) Notwithstanding any other law, in the case of any inmate sentenced to a life term under subdivision (b) of Section 209, if that offense was committed with the intent to commit a specified sexual offense, Section 269 or 288.7, subdivision (c) of Section 667.51, Section 667.71 in which one or more of the victims of the offense was a child under 14 years of age, or subdivision (j), (l), or (m) of Section 667.61, the period of parole, if parole is granted, shall be the remainder of the inmate’s life.
(b) Notwithstanding any other law, when any person referred to in paragraph (1) of subdivision (a) has been released on parole from the state prison, and has been on parole continuously for seven years in the case of any person imprisoned for first degree murder, and five years in the case of any person imprisoned for second degree murder, since release from confinement, the board shall, within 30 days, discharge that person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and transmit a copy of it to the parolee.
(c) In the event of a retention on parole pursuant to subdivision (b), the parolee shall be entitled to a review by the board each year thereafter.
(d) There shall be a hearing as provided in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole of a person referred to in subdivision (a) to consider the release of the inmate on parole and, notwithstanding paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction.
(e) The provisions of Section 3042 shall not apply to any hearing held pursuant to this section.
(Amended by Stats. 2014, Ch. 280, Sec. 2. (AB 1438) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3002.

3002. In considering the imposition of conditions of parole upon a prisoner convicted of violating any section of this code in which a minor is a victim of an act of abuse or neglect, the Department of Corrections shall provide for a psychological evaluation to be performed on the prisoner to determine the extent of counseling which may be mandated as a condition of parole. Such examination may be performed by psychiatrists, psychologists, or licensed clinical social workers.
(Added by renumbering Section 3001 by Stats. 1978, Ch. 582.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3003.5.

3003.5. (a) Notwithstanding any other provision of law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in any single family dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, “single family dwelling” shall not include a residential facility which serves six or fewer persons.
(b) Notwithstanding any other provision of law, it is unlawful for any person for whom registration is required pursuant to Section 290 to reside within 2000 feet of any public or private school, or park where children regularly gather.
(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290.
(Amended November 7, 2006, by initiative Proposition 83, Sec. 21.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3003.6.

3003.6. (a) Every person who is required to register pursuant to Section 290, based upon the commission of an offense against a minor, is prohibited from residing, except as a client, and from working or volunteering in any of the following:
(1) A child day care facility or children’s residential facility that is licensed by the State Department of Social Services, a home certified by a foster family agency, or a home approved by a county child welfare services agency.
(2) A home or facility that receives a placement of a child who has been, or may be, declared a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code or who has been, or may be, declared a ward of the juvenile court pursuant to Section 601 or 602 of the Welfare and Institutions Code.
(b) Any person who violates this section is guilty of a misdemeanor.
(c) Nothing in this section shall limit the authority of the State Department of Social Services to deny a criminal record exemption request and to take an action to exclude an individual from residing, working, or volunteering in a licensed facility pursuant to Sections 1522, 1569.09, 1569.17, or 1596.871 of the Health and Safety Code.
(Added by Stats. 2013, Ch. 772, Sec. 1. (AB 1108) Effective January 1, 2014.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3004.

3004. (a) Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority may require, as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or parolee agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify his or her compliance with all other conditions of parole. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the parolee and the agent supervising the parolee which is to be used solely for the purposes of voice identification.
(b) Every inmate who has been convicted for any felony violation of a “registerable sex offense” described in subdivision (c) of Section 290 or any attempt to commit any of the above-mentioned offenses and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for life.
(c) Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring.
(Amended by Stats. 2012, Ch. 43, Sec. 39. (SB 1023) Effective June 27, 2012. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3006.

3006. (a) The Department of Corrections may require parolees participating in relapse prevention treatment programs or receiving medication treatments intended to prevent them from committing sex offenses to pay some or all of the costs associated with this treatment, subject to the person’s ability to pay.
(b) For the purposes of this section, “ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the costs, of providing sex offender treatment, and shall include, but shall not be limited to, consideration of all of the following factors:
(1) Present financial position.
(2) Reasonably discernible future financial position.
(3) Likelihood that the person shall be able to obtain employment after the date of parole.
(4) Any other factor or factors which may bear upon the person’s financial capability to reimburse the department for the costs.
(Added by Stats. 2000, Ch. 127, Sec. 28. Effective July 10, 2000.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3007.

3007. The Department of Corrections and Rehabilitation shall require a research component for any sex offender treatment contract funded by the department. The research component shall enable the department’s research unit or an independent contractor to evaluate the effectiveness of each contract on reducing the rate of recidivism of the participants in the program funded by a contract. The research findings shall be compiled annually in a report due to the Legislature January 10 of each year.
(Added by Stats. 2007, Ch. 175, Sec. 8. Effective August 24, 2007.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3007.08.

3007.08. (a) The Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Department of Motor Vehicles shall ensure that an eligible juvenile offender released from a state juvenile facility has a valid identification card, issued pursuant to Article 3 (commencing with Section 12800) and Article 5 (commencing with Section 13000) of Chapter 1 of Division 6 of the Vehicle Code.
(b) The fee for an identification card issued pursuant to this section is eight dollars ($8). An eligible juvenile offender shall provide the Department of Motor Vehicles, upon application, with a verification of his or her eligibility that meets all of the following requirements:
(1) Is on state juvenile correctional facility letterhead.
(2) Is typed or computer generated.
(3) Contains the juvenile offender’s name.
(4) Contains the juvenile offender’s date of birth.
(5) Contains the original signature of an official from the state juvenile correctional facility.
(6) Is dated within 90 days of the application.
(c) The verification required by subdivision (b) may be used to attest to an applicant’s residency in a facility operated by the department and shall be acceptable proof of California residency.
(d) (1) For purposes of this section, “eligible juvenile offender” means a juvenile offender who previously held a California driver’s license or identification card, issued pursuant to Section 12801.5 of Article 3 (commencing with Section 12800) of Chapter 1 of Division 6 of the Vehicle Code, or a juvenile offender who provides acceptable proof of his or her:
(A) True full name.
(B) Date of birth.
(C) Social security number.
(D) Legal presence in the United States.
(E) California residency.
(2) A certified copy of a birth certificate issued by the Office of Vital Records of the State Department of Public Health is acceptable proof to satisfy the requirements of subparagraphs (A), (B), and (D) of paragraph (1).
(e) The Department of Corrections and Rehabilitation, Division of Juvenile Justice and the Department of Motor Vehicles shall enter into an interagency agreement to implement this section.
(Added by Stats. 2018, Ch. 36, Sec. 20. (AB 1812) Effective June 27, 2018.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 1 - General Provisions › Section 3007.09.

3007.09. The department shall, upon release, provide each inmate informational written materials, in a format prescribed by the department, regarding vocational rehabilitation services and independent living programs offered by the Department of Rehabilitation described in Division 10 (commencing with Section 19000) of the Welfare and Institutions Code, and an enrollment form for these vocational rehabilitation services. These documents shall be provided to any inmate being released, whether or not the department believes them to be eligible for these programs and services.
(Added by Stats. 2023, Ch. 167, Sec. 1. (AB 857) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.

3010. (a) Notwithstanding any other provisions of law, the Department of Corrections and Rehabilitation may utilize continuous electronic monitoring to electronically monitor the whereabouts of persons on parole, as provided by this article.
(b) Any use of continuous electronic monitoring pursuant to this article shall have as its primary objective the enhancement of public safety through the reduction in the number of people being victimized by crimes committed by persons on parole.
(c) It is the intent of the Legislature in enacting this article to specifically expand the authority of the department acting pursuant to this article to utilize a system of continuous electronic monitoring that conforms with the requirements of this article.
(d) (1) For purposes of this article, “continuous electronic monitoring” may include the use of worldwide radio navigation system technology, known as the Global Positioning System, or GPS. The Legislature finds that because of its capability for continuous surveillance, continuous electronic monitoring has been used in other parts of the country to monitor persons on parole who are identified as requiring a high level of supervision.
(2) For purposes of this article, “department” means the Department of Corrections and Rehabilitation.
(e) The Legislature finds that continuous electronic monitoring has proven to be an effective risk management tool for supervising high-risk persons on parole who are likely to reoffend where prevention and knowledge of their whereabouts is a high priority for maintaining public safety.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.1.

3010.1. The department may utilize a continuous electronic monitoring device, as distinguished from an electronic monitoring device as described in Section 3004, pursuant to this section that has all of the following attributes:
(a) A device designed to be worn by a human being.
(b) A device that emits a signal as a person is moving or is stationary. The signal shall be capable of being received and tracked across large urban or rural areas, statewide, and being received from within structures, vehicles, and other objects to the degree technically feasible in light of the associated costs, design, and other considerations as are determined relevant by the department.
(c) A device that functions 24 hours a day.
(d) A device that is resistant or impervious to unintentional or willful damage.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.2.

3010.2. (a) A continuous electronic monitoring system may have the capacity to immediately notify the department of violations, actual or suspected, of the terms of parole that have been identified by the monitoring system if the requirement is deemed necessary by the parole officer with respect to an individual person.
(b) This information, including geographic location and tampering, may be used as evidence to prove a violation of the terms of parole.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.3.

3010.3. The department shall establish the following standards as are necessary to enhance public safety:
(a) Standards for the minimum time interval between transmissions of information about the location of the person under supervision. The standards shall be established after an evaluation of, at a minimum, all of the following:
(1) The resources of the department.
(2) The criminal history of the person under supervision.
(3) The safety of the victim of the persons under supervision.
(b) Standards for the accuracy of the information identifying the location of the person under supervision. The standards shall be established after consideration of, at a minimum, all of the following:
(1) The need to identify the location of a person proximate to the location of a crime, including a violation of parole.
(2) Resources of the department.
(3) The need to avoid false indications of proximity to crimes.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.4.

3010.4. (a) The department, operating a system of continuous electronic monitoring pursuant to this section, shall establish prohibitions against unauthorized access to, and use of, information by private or public entities as may be deemed appropriate. Unauthorized access to, and use of, electronic signals includes signals transmitted in any fashion by equipment utilized for continuous electronic monitoring.
(b) Devices used pursuant to this article shall not be used to eavesdrop or record any conversation, except a conversation between the participant and the person supervising the participant that is to be used solely for the purposes of voice identification.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.5.

3010.5. (a) The department shall have the sole discretion to decide which persons shall be supervised using continuous electronic monitoring administered by the department. No individual shall be required to participate in continuous electronic monitoring authorized by this article for any period of time longer than the term of parole.
(b) The department shall establish written guidelines that identify those persons on parole subject to continuous electronic monitoring authorized by this article. These guidelines shall include the need for enhancing monitoring in comparison to other persons not subject to the enhanced monitoring and the public safety needs that will be served by the enhanced monitoring.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.6.

3010.6. A parole officer may revoke, in his or her discretion, the continuous monitoring of any individual.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.7.

3010.7. Whenever a parole officer supervising an individual has reasonable cause to believe that the individual is not complying with the rules or conditions set forth for the use of continuous electronic monitoring as a supervision tool, the officer supervising the individual may, without a warrant of arrest, take the individual into custody for a violation of parole.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.9.

3010.9. It is the intent of the Legislature that continuous electronic monitoring established pursuant to this article maintain the highest public confidence, credibility, and public safety. In the furtherance of these standards, the following shall apply:
(a) The department may administer continuous electronic monitoring pursuant to written contracts and appropriate public or private agencies or entities to provide specified supervision services. No public or private agency or entity may operate a continuous electronic monitoring system as authorized by this section without a written contract with the department. No public or private agency or entity entering into a contract may itself employ any person who is a participant in continuous electronic monitoring surveillance.
(b) The department shall comply with Section 1090 of the Government Code in the consideration, making, and execution of contracts pursuant to this section.
(Added by Stats. 2005, Ch. 484, Sec. 2. Effective October 4, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2 - Electronic Monitoring › Section 3010.10.

3010.10. (a) A person who is required to register as a sex offender pursuant to Section 290 as a condition of parole shall report to his or her parole officer within one working day following release from custody, or as instructed by a parole officer to have an electronic, global positioning system (GPS), or other monitoring device affixed to his or her person.
(b) A person who is required to register as a sex offender pursuant to Section 290 shall not remove, disable, render inoperable, or knowingly circumvent the operation of, or permit another to remove, disable, render inoperable, or knowingly circumvent the operation of, an electronic, GPS, or other monitoring device affixed to his or her person as a condition of parole, when he or she knows that the device was affixed as a condition of parole.
(c) (1) This section does not apply if the removal, disabling, rendering inoperable, or circumvention of the electronic, GPS, or other monitoring device is performed by a physician, emergency medical services technician, or by any other emergency response or medical personnel when doing so is necessary during the course of medical treatment of the person subject to the electronic, GPS, or other monitoring device.
(2) This section does not apply if the removal, disabling, rendering inoperable, or knowingly circumventing the operation of the electronic, GPS, or other monitoring device is authorized or required by a court, or by the law enforcement, probation, parole authority, or other entity responsible for placing the electronic, GPS, or other monitoring device upon the person, or that has, at the time, the authority and responsibility to monitor the electronic, GPS, or other monitoring device.
(d) Unless the parole authority finds that in the interests of justice it is not appropriate in a particular case, upon a violation of subdivision (a), the parole authority shall revoke the person’s parole and require that he or she be incarcerated in a county jail for 180 days.
(e) Upon a violation of subdivision (b), the parole authority shall revoke the person’s parole and require that he or she be incarcerated in a county jail for 180 days.
(Amended by Stats. 2014, Ch. 603, Sec. 1. (AB 2121) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2.5 - Interdisciplinary Assessment of Inmates › Section 3020.

3020. The Department of Corrections and Rehabilitation shall conduct assessments of all inmates that include, but are not limited to, data regarding the inmate’s history of substance abuse, medical and mental health, education, family background, criminal activity, service in the United States military, and social functioning. The assessments shall be used to place the inmate in programs that will aid in his or her reentry to society and that will most likely reduce the inmate’s chances of reoffending.
(Amended by Stats. 2014, Ch. 184, Sec. 1. (AB 2357) Effective January 1, 2015.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 2.5 - Interdisciplinary Assessment of Inmates › Section 3021.

3021. A credentialed teacher, vice principal, or principal shall provide input relating to the academic or vocational education program placement of an inmate pursuant to Section 3375 of Title 15 of the California Code of Regulations, including, but not limited to, interviewing the inmate, verifying the inmate’s education records and test scores, or being present at meetings relating to the academic or vocational education program placement.
(Added by Stats. 2012, Ch. 761, Sec. 1. (SB 1121) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3040.

3040. The Board of Parole Hearings shall have the power to allow prisoners imprisoned in the state prisons pursuant to subdivision (b) of Section 1168 to go upon 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.
(Amended by Stats. 2023, Ch. 311, Sec. 11. (SB 883) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3041.1.

3041.1. (a) Any time before an inmate’s release, the Governor may request review of a decision by a parole authority concerning the grant or denial of parole to any 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.
(b) If a request has been made, the request shall be reviewed by a majority of commissioners specifically appointed to hear adult parole matters and who are holding office at the time. In case of a review, a vote in favor of parole by a majority of the commissioners reviewing the request shall be required to grant parole to any inmate. In carrying out any review, the board shall comply with this chapter.
(Amended by Stats. 2015, Ch. 470, Sec. 2. (SB 230) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3041.2.

3041.2. (a) During the 30 days following the granting, denial, revocation, or suspension by the board of the parole of an inmate sentenced to an indeterminate prison term based upon a conviction of murder, the Governor, when reviewing the board’s decision pursuant to subdivision (b) of Section 8 of Article V of the Constitution, shall review materials provided by the board.
(b) If the Governor decides to reverse or modify a parole decision of the board 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.
(Amended by Stats. 2015, Ch. 470, Sec. 3. (SB 230) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3041.6.

3041.6. The Board of Parole Hearings may conduct proceedings by videoconference. All references in this article and Article 4 of Chapter 7 (commencing with Section 2960) of this title to a participant’s statutory right to meet, be present, appear, or to represent the interests of the people or another participant at a proceeding shall be satisfied by the participant’s appearance by videoconference at the proceeding.
(Added by Stats. 2021, Ch. 80, Sec. 11. (AB 145) Effective July 16, 2021.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3041.7.

3041.7. At any hearing for the purpose of setting, postponing, or rescinding a parole release date of an inmate under a life sentence, the inmate shall be entitled to be represented by counsel and 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 inmate was committed, or his or her 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 before the date of the hearing.
Notwithstanding Section 12550 of the Government Code, the prosecutor of the county from which the inmate was committed, or his or her 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.
(Amended by Stats. 2015, Ch. 470, Sec. 5. (SB 230) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3042.

3042. (a) (1) At least 30 days before the Board of Parole Hearings meets to review or consider the parole suitability of any inmate sentenced to a life sentence, the board shall send written notice thereof to each of the following persons: 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, if the inmate was convicted of the murder of a peace officer, the law enforcement agency that employed the peace officer at the time of the murder.
(2) If the inmate was convicted of the murder of a firefighter, the board or the Department of Corrections and Rehabilitation shall also send the written notice described in paragraph (1) to the fire department that employed the firefighter at the time of the murder, if that fire department registers with the board to receive that notification and provides the appropriate contact information.
(b) The Board of Parole Hearings shall record all of 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 Parole Hearings and shall be made available to the public no later than 30 days from the date of the hearing. An inmate shall not be released on parole until 60 days from the date of the hearing have elapsed.
(c) At any hearing, the presiding hearing officer shall state their 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) The board shall review and consider all relevant and reliable information received from any person and shall consider imposing special conditions of parole to reflect the comments or concerns raised by this information, as appropriate.
(f) This section does not limit the type or content of information any person may forward to the board for consideration under any other law.
(g) Any person who receives notice under subdivision (a) who is authorized to forward information for consideration in a parole consideration hearing for a person sentenced to a life sentence under this section, may forward that information by electronic mail. The Department of Corrections and Rehabilitation shall establish procedures for receiving the information by electronic mail pursuant to this subdivision.
(Amended by Stats. 2023, Ch. 311, Sec. 12. (SB 883) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3043.1.

3043.1. Notwithstanding any other law, a victim, his or her next of kin, or any immediate family member of the victim who appears at any hearing to review or consider the parole suitability of any inmate 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.
(Amended by Stats. 2015, Ch. 470, Sec. 8. (SB 230) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3043.2.

3043.2. (a) (1) In lieu of personal appearance at any hearing to review the parole suitability, the Board of Parole Hearings shall permit the victim, his or her next of kin, immediate family members, or two representatives designated for a particular hearing by the victim or next of kin in writing before 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.
(Amended by Stats. 2015, Ch. 470, Sec. 9. (SB 230) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3043.25.

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 before the hearing who have the right to appear at a hearing to review parole suitability, 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.
(Amended by Stats. 2015, Ch. 470, Sec. 10. (SB 230) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3043.3.

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.
(Amended by Stats. 2004, Ch. 289, Sec. 4. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3043.5.

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.
(Added by Stats. 1984, Ch. 805, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3043.6.

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.
(Added by Stats. 2004, Ch. 1, Sec. 4. Effective January 21, 2004.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3044.

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.
(Added November 4, 2008, by initiative Proposition 9, Sec. 5.3. Note: Prop. 9 is titled the Victims' Bill of Rights Act of 2008: Marsy's Law.)
2023 California Code › Penal Code - PEN › PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY › TITLE 1 - IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS › CHAPTER 8 - Length of Term of Imprisonment and Paroles › ARTICLE 3 - Paroles › Section 3045.

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.
(Amended by Stats. 1951, Ch. 671.)