California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 6 - Adult Parole
Article 15 - Discharge
Section 3720 - Discharge Reviews
Universal Citation: 15 CA Code of Regs 3720
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following terms are defined for the purpose of this Article 15, Discharge:
(1) Continuous Parole, pursuant to California
Code of Regulations (CCR), Title 15, subsection
2535(b)(4), is
supervised persons who have not had parole revoked or absconded from parole
supervision since their initial release. If a revocation, or a revocation with
credit for time served, or suspension with reinstatement of parole with time
loss has occurred in the period, the supervised person has not been on
continuous parole.
(2) Discharge
Review means a review of a supervised person's criminal history, and their
adjustment and/or performance while under parole supervision for the purpose of
rendering a decision as to whether or not a supervised person should be
retained on parole supervision for another year or be discharged from parole
supervision altogether.
(b) Discharge review periods to be followed by the Division of Adult Parole Operations are as follows:
(1) The review for those supervised persons
who are subject to a three-year parole period as provided in CCR, Title 15,
Division 2, subsection
2515(b), shall be
performed during the 12th month of continuous parole, except for those who were
committed for violent felonies as listed in section
667.5(c)
of the Penal Code, in which case the review shall be performed during the 24th
month of continuous parole.
(2) The
review for those supervised persons who are subject to a five-year parole
period, as provided for in CCR, Title 15, Division 2, subsection
2515(d), shall be
performed during the 36th month of continuous parole.
(3) The review for those supervised persons
who are subject to lifetime parole period shall be during the 84th month of
continuous parole for first degree murder supervised persons and during the
60th month of continuous parole for second degree murder supervised
persons.
(4) A supervised person
shall be immediately referred to the parole authority for discharge
consideration if any of the following criteria exist:
(A) Confirmation exists that the supervised
person was deported to their country of origin after being released to
parole.
(B) Confirmation exists
that the supervised person is under the supervision of another prison system,
state or federal, and that supervision period, which includes the period of
incarceration and any supervised release, exceeds the jurisdiction period
maintained by the Department.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3000.03, 3000.1, 3001, 3052, 5054 and 5076.2, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3000.03, 3000.1, 3001, 3052, 5054 and 5076.2, Penal Code.
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