California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 2 - Board of Parole Hearings › Chapter 5 - Parole Supervision › Article 1 - Length and Conditions of Parole › Section 2515 - Length of Parole

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  General. The department shall establish the length of parole for ISL prisoners
				  released on retroactively calculated DSL release dates and for DSL prisoners.
				  The board shall establish the length of parole for ISL prisoners released on
				  ISL parole dates, non-life 1168 prisoners and life prisoners. The board may
				  waive parole for any prisoner and may review, upon request, the length of
				  parole set by the department (see §
										2525 -§
										2526).
The board shall discharge a prisoner who has a three-year
					 period of parole within 30 days following one year on continuous parole, unless
					 the board finds good cause to retain the parolee on parole. The board shall
					 discharge a parolee who has a five-year period of parole within 30 days
					 following three years on continuous parole, unless the board finds good cause
					 to retain the parolee on parole. A parolee has been on continuous parole if
					 he/she has not absconded parole supervision or had parole revoked since initial
					 release on parole. Any time during which the parolee has absconded from
					 supervision while on parole or during a period of revocation shall not be
					 credited to the period of parole.
The parole period may be extended pursuant to revocation
					 proceedings. The parole period shall be extended for an amount of time equal to
					 that ordered as the revocation period. The extension of the period of parole
					 pursuant to revocation shall not exceed the maximum period of
					 parole.
(b) DSL and Non-life
				  1168 Prisoners: Offenses After January 1, 1979. A DSL or non-life 1168 prisoner
				  who was sentenced to state prison for an offense committed on or after January
				  1, 1979, is subject to a three-year parole period, unless the board or the
				  department sets a shorter period of parole. The maximum period of parole is
				  four years.
(c) ISL, DSL and
				  Non-life 1168 Prisoners: Offenses On or Before December 31, 1978. An ISL, DSL
				  or non-life 1168 prisoner who was sentenced to prison for an offense committed
				  on or before December 31, 1978, is subject to a one-year parole period, unless
				  the board or the department sets a shorter period of parole. The maximum period
				  of parole is eighteen months.
(d)
				  Life Prisoners: Offenses After January 1, 1979. A life prisoner who was
				  sentenced to state prison for an offense committed on or after January 1, 1979,
				  is subject to a five-year parole period, unless the board sets a shorter period
				  of parole. The maximum period of parole is seven years.
(e) Life Prisoners: Offenses On or Before
				  December 31, 1978. A life prisoner sentenced to state prison for an offense
				  committed on or before December 31, 1978, is subject to a three-year parole
				  period, unless the board sets a shorter period of parole. The maximum period of
				  parole is four years.
(f) Life
				  Prisoners: Murder offense on or after January 1, 1983. A life prisoner who was
				  sentenced to prison for a murder committed on or after January 1, 1983, is
				  subject to a parole period of life.
1. Amendment
					 filed 12-29-78 as an emergency; effective upon filing (Register 78, No.
					 52).
2. Certificate of Non-compliance reinstating section as it
					 existed prior to emergency amendment transmitted to OAH 3-14-79 and filed
					 3-20-79 (Register 79, No. 11).
3. Amendment filed 3-15-79 as an
					 emergency; effective upon filing (Register 79, No. 11).
4.
					 Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5.
					 Amendment of subsections (b) and (c) and new subsections (d), (e) and (f) filed
					 6-1-79 as an emergency; effective upon filing (Register 79, No.
					 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No.
					 39).
7. Amendment of subsection (a) filed 12-28-79 as procedural and
					 organizational; designated effective 1-1-80 (Register 79, No.
					 52).
8. Amendment filed 8-12-82; effective thirtieth day thereafter
					 (Register 82, No. 33).
9. New subsection (f) filed 1-20-88;
					 operative 2-19-88 (Register 88, No. 5).
10. Amendment of subsections
					 (a)-(c) and amendment of NOTE filed 10-22-98 as an emergency; operative
					 10-22-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted
					 to OAL by 2-19-99 or emergency language will be repealed by operation of law on
					 the following day.
11. Certificate of Compliance as to 10-22-98
					 order transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99, No. 7).
Note: Authority cited: Sections
						3052 and
						5076.2, Penal
						Code. Reference: Sections
						3000,
						3000.1,
						3001,
						3002, Penal
						Code (Stats. 1978, c. 582) and 3064, Penal Code; In re Thompson (1980) 104
						Cal.App.3d 950; In re Harper (1979) 96 Cal.App.3d 138; and In re Carr (1995) 38
						Cal.App.4th 209.