2005 California Penal Code Sections 3040-3071 Article 3. Discharge Upon Completion of Term

PENAL CODE
SECTION 3040-3071

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 hearing by the board. The release date shall
be set in a manner that will provide uniform terms for offenses of
similar gravity and magnitude in 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 hearing 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
hearing.
   (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 hearing by the board
means a hearing conducted by a committee of nine randomly selected
commissioners who are specifically appointed to hear adult parole
matters, selected by the chairperson. The committee shall be
comprised of a majority of commissioners holding office on the date
the matter is heard by the committee.
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, the following shall apply:
   (1) At least 10 days prior to any hearing by the Board of Prison
Terms, 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.
   (3) Unless legal counsel is required by some other provision of
law, a person designated by the Department of Corrections shall be
present to insure 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 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.
   (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 for the reasons stated in subdivision (b) of Section
3041, 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.
   The board shall hear each case annually thereafter, except the
board may schedule the next hearing no later than the following:
   (A) Two years after any hearing at which parole is denied if the
board finds that it is not reasonable to expect that parole would be
granted at a hearing during the following year and states the bases
for the finding.
   (B) Up to five years after any hearing at which parole is denied
if the prisoner has been convicted of murder, and the board finds
that it is not reasonable to expect that parole would be granted at a
hearing during the following years and states the bases for the
finding in writing.  If the board defers a hearing five years, the
prisoner's central file shall be reviewed by a deputy commissioner
within three years at which time the deputy commissioner may direct
that a hearing be held within one year.  The prisoner shall be
notified in writing of the deputy commissioner's decision.  The board
shall adopt procedures that relate to the criteria for setting the
hearing between two and five years.
   (3) 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.
   (4) 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 within 12
months and in accordance with paragraph (2).
3041.7.  At any hearing for the purpose of setting, postponing, or
rescinding a parole release date of a prisoner under a life sentence,
such prisoner shall be entitled to be represented by counsel and the
provisions of Section 3041.5 shall apply.  The Board of Prison Terms
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 any such hearing.  The
Board of Prison Terms 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, 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) 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 Prison Terms
at least 30 days before the hearing to any victim of a crime
committed by the prisoner, or to the next of kin of the victim if the
victim has died.  The requesting party shall keep the board apprised
of his or her current mailing address.
   (b) The victim, next of kin, two members of the victim's immediate
family, or two representatives designated for a particular hearing
by the victim or, in the event the victim is deceased or
incapacitated, by the next of kin in writing prior to the hearing
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 crime and the person responsible, 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.
   (c) 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.  The board may not permit a
representative designated by the victim or the victim's next of kin
to provide testimony at a hearing, or to submit a statement to be
included in the hearing as provided in Section 3043.2, if the victim,
next of kin, or a member of the victim's immediate family is present
at the hearing, or if 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) Nothing in this section is intended to allow the board to
permit a victim's representative to attend a particular hearing if
the victim, next of kin, or a member of the victim's immediate family
is present at any hearing covered in this section, or if the victim,
next of kin, or member of the victim's immediate family has
submitted a written, audiotaped, or videotaped statement.
   (e) The board, in deciding whether to release the person on
parole, shall consider the 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
of whether the person would pose a threat to public safety if
released on parole.
   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 may, in its discretion, allow attendance of
additional immediate family members or limit attendance to the
following order of preference:  spouse, children, parents, siblings,
grandchildren, and grandparents.
   The provisions of this section shall not be amended by the
Legislature except  by statute passed in each house by rollcall vote
entered in the journal, two-thirds of the membership concurring, or
by a statute that becomes effective only when approved by the
electors.
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.
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.
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.
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) or paragraph (3) of subdivision (c) of Section 192,
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.
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 31/8 x 31/8 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 45 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.
   (2) 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 (3), the department shall provide
notification to the parties and agencies specified in subdivision (a)
as soon as practicable, but in no case less than 24 hours after the
final decision is made regarding the location where the parolee will
be released.
   (3) 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  board or
department 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) In no case shall the notice required by this section be later
than the day the person is released on parole.
3058.7.  (a) Whenever any sheriff or chief of police is notified of
the pending release of a convicted violent felon pursuant to Section
3058.6, that sheriff or chief of police may notify any person
designated by the sheriff or chief of police as an appropriate
recipient of this notice.
   (b) A law enforcement official authorized to provide notice
pursuant to this section, and the public agency or entity employing
the law enforcement official, shall not be liable for providing or
failing to provide notice pursuant to this section.
3058.8.  (a) At the time a notification is sent pursuant to
subdivision (a) of Section 3058.6, the Board of Prison Terms or the
Department of Corrections, as the  case may be, shall also send a
notice to persons described in Section 679.03 who have requested a
notice informing those persons of the fact that the person who
committed the violent offense is scheduled to be released and
specifying the proposed date of release.  Notice of the community in
which the person is scheduled to reside shall also be given if it is
(1) in the county of residence of a witness, victim, or family member
of a victim who has requested notification, or (2) within 100 miles
of the actual residence of a witness, victim, or family member of a
victim who has requested notification.  If, after providing the
witness, victim, or next of kin with the notice, there is any change
in the release date or the community in which the person is to
reside, the board or department shall provide the witness, victim, or
next of kin with the revised information.
   (b) In order to be entitled to receive the notice set forth in
this section, the requesting party shall keep the department or board
informed of his or her current mailing address.
   (c) The board or department, when sending out notices regarding an
offender's release on parole, shall use the information provided by
the requesting party in the form completed pursuant to subdivision
(b) of Section 679.03, unless that information is no longer current.
If the information is no longer current, the department shall make a
reasonable attempt to contact the person and to notify him or her of
the impending release.
3058.9.  (a) Whenever any person confined to state prison is serving
a term for the conviction of child abuse pursuant to Section 273a,
273ab, 273d, or any sex offense identified in statute as being
perpetrated against a minor victim, or as ordered by any 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 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
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 or released following a period of confinement pursuant to a
parole revocation without a new commitment.
   (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.
   (e) The notice required by this section shall satisfy the notice
required by Section 3058.6 for any person whose offense is identified
in both sections.
3059.  If any paroled prisoner shall leave the state without
permission of the Board of Prison Terms, he shall be held as an
escaped prisoner and arrested as such.
3060.  The parole authority shall have full power to suspend or
revoke any parole, and to order returned to prison any prisoner upon
parole.  The written order of the parole authority shall be a
sufficient warrant for any peace or prison officer to return to
actual custody any conditionally released or paroled prisoner.
3060.1.  Upon the revocation of the parole of any prisoner who was
ordered by the court to pay an additional restitution fine pursuant
to Section 1202.45, but which was suspended by that section, the
additional restitution fine shall be reinstated without the need for
any further court proceeding.
3060.5.  Notwithstanding any other provision of law, the parole
authority shall revoke the parole of any prisoner who refuses to sign
a parole agreement setting forth the general and any special
conditions applicable to the parole, refuses to sign any form
required by the Department of Justice stating that the duty of the
prisoner to register under Section 290 has been explained to the
prisoner, unless the duty to register has not been explained to the
prisoner, or refuses to provide samples of blood or saliva as
required by the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1), and shall order the prisoner returned to prison.
Confinement pursuant to any single revocation of parole under this
section shall not, absent a new conviction and commitment to prison
under other provisions of law, exceed six months, except as provided
in subdivision (c) of Section 3057.
3060.6.  Notwithstanding any other provision of law, on or after
January 1, 2001, whenever any paroled person is returned to custody
or has his or her parole revoked for conduct described in
subparagraph (A) of paragraph (2) of subdivision (a) of Section 290,
the parole authority shall report the circumstances that were the
basis for the return to custody or revocation of parole to the law
enforcement agency and the district attorney that has primary
jurisdiction over the community in which the circumstances occurred
and to the Department of Corrections.  Upon the release of the
paroled person, the Department of Corrections shall inform the law
enforcement agency and the district attorney that has primary
jurisdiction over the community in which the circumstances occurred
and, if different, the county in which the person is paroled or
discharged, of the circumstances that were the basis for the return
to custody or revocation of parole.
3060.7.  (a) Notwithstanding any other law, the parole authority
shall notify any person released on parole who has been classified by
the Department of Corrections as included within the highest control
or risk classification that he or she shall be required to report to
his or her assigned parole officer within two days of release from
the state prison.
   This section shall not prohibit the parole authority from
requiring any person released on parole to report to his or her
assigned parole officer within a time period that is less than two
days from the time of release.
   (b) The parole authority, within 24 hours of a parolee's failure
to report as required by this section, shall issue a written order
suspending the parole of that parolee, pending a hearing before the
parole authority, and shall issue a warrant for the parolee's arrest.
   (c) Upon the issuance of an arrest warrant for a parolee who has
been classified within the highest control or risk classification,
the assigned parole officer shall continue to carry the parolee on
his or her regular caseload and shall continue to search for the
parolee's whereabouts.
   (d) With regard to any inmate subject to this section, the
Department of Corrections shall release an inmate sentenced prior to
the effective date of this section one or two days before his or her
scheduled release date if the inmate's release date falls on the day
before a holiday or weekend.
   (e) With regard to any inmate subject to this section, the
Department of Corrections shall release an inmate one or two days
after his or her scheduled release date if the release date falls on
the day before a holiday or weekend.  This subdivision shall not
apply to an inmate sentenced prior to the effective date of this
section.
3061.  It is hereby made the duty of all peace officers to execute
any such order in like manner as ordinary criminal process.
3062.  The Governor of the state shall have like power to revoke the
parole of any prisoner.  The written authority of the Governor shall
likewise be sufficient to authorize any peace officer to retake and
return any prisoner to the state prison.  The Governor's written
order revoking the parole shall have the same force and effect and be
executed in like manner as the order of the parole authority.
3063.  No parole shall be suspended or revoked without cause, which
cause must be stated in the order suspending or revoking the parole.
3063.1.  Possession of Controlled Substances; Parole; Exceptions
   (a) Notwithstanding any other provision of law, and except as
provided in subdivision (d), parole may not be suspended or revoked
for commission of a nonviolent drug possession offense or for
violating any drug-related condition of parole.
   As an additional condition of parole for all such offenses or
violations, the Parole Authority shall require participation in and
completion of an appropriate drug treatment program. Vocational
training, family counseling and literacy training may be imposed as
additional parole conditions.
   The Parole Authority may require any person on parole who commits
a nonviolent drug possession offense or violates any drug-related
condition of parole, and who is reasonably able to do so, to
contribute to the cost of his or her own placement in a drug
treatment program.
   (b) Subdivision (a) does not apply to:
   (1) Any parolee who has been convicted of one or more serious or
violent felonies in violation of subdivision (c) of Section 667.5 or
Section 1192.7.
   (2) Any parolee who, while on parole, commits one or more
nonviolent drug possession offenses and is found to have concurrently
committed a misdemeanor not related to the use of drugs or any
felony.
   (3) Any parolee who refuses drug treatment as a condition of
parole.
   (c) Within seven days of a finding that the parolee has either
committed a nonviolent drug possession offense or violated any
drug-related condition of parole, the Parole Authority shall notify
the treatment provider designated to provide drug treatment under
subdivision (a).  Within 30 days thereafter the treatment provider
shall prepare an individualized drug treatment plan and forward it to
the Parole Authority and to the California Department of Corrections
Parole Division agent responsible for supervising the parolee.  On a
quarterly basis after the parolee begins drug treatment, the
treatment provider shall prepare and forward a progress report on the
individual parolee to these entities and individuals.
   (1) If at any point during the course of drug treatment the
treatment provider notifies the Parole Authority that the parolee is
unamenable to the drug treatment provided, but amenable to other drug
treatments or related programs, the Parole Authority may act to
modify the terms of parole to ensure that the parolee receives the
alternative drug treatment or program.
   (2) If at any point during the course of drug treatment the
treatment provider notifies the Parole Authority that the parolee is
unamenable to the drug treatment provided and all other forms of drug
treatment provided pursuant to subdivision (b) of Section 1210 and
the amenability factors described in subparagraph (B) of paragraph
(3) of subdivision (e) of Section 1210.1, the Parole Authority may
act to revoke parole.  At the revocation hearing, parole may be
revoked if it is proved that the parolee is unamenable to all drug
treatment.
   (3) Drug treatment services provided by subdivision (a) as a
required condition of parole may not exceed 12 months, provided,
however, that additional aftercare services as a condition of parole
may be required for up to six months.
   (d) Violation of parole
   (1) If parole is revoked pursuant to the provisions of this
subdivision, the defendant may be incarcerated pursuant to otherwise
applicable law without regard to the provisions of this section.
Parole shall be revoked if the parole violation is proved and a
preponderance of the evidence establishes that the parolee poses a
danger to the safety of others.
   (2) Non-drug-related parole violations
   If a parolee receives drug treatment under subdivision (a), and
during the course of drug treatment violates parole either by
committing an offense other than a nonviolent drug possession
offense, or by violating a non-drug-related condition of parole, and
the Parole Authority acts to revoke parole, a hearing shall be
conducted to determine whether parole shall be revoked.
   Parole may be modified or revoked if the parole violation is
proved.
   (3) Drug-related parole violations
   (A) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment violates parole either by
committing a nonviolent drug possession offense, or a misdemeanor for
simple possession or use of drugs or drug paraphernalia, being
present where drugs are used, or failure to register as a drug
offender, or any activity similar to those listed in paragraph (1) of
subdivision (d) of Section 1210, or by violating a drug-related
condition of parole, and the Parole Authority acts to revoke parole,
a hearing shall be conducted to determine whether parole shall be
revoked.  Parole shall be revoked if the parole violation is proved
and a preponderance of the evidence establishes that the parolee
poses a danger to the safety of others.  If parole is not revoked,
the conditions of parole may be intensified to achieve the goals of
drug treatment.
   (B) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment for the second time violates
that parole either by committing a nonviolent drug possession
offense, or by violating a drug-related condition of parole, and the
Parole Authority acts for a second time to revoke parole, a hearing
shall be conducted to determine whether parole shall be revoked.  If
the alleged parole violation is proved, the parolee is not eligible
for continued parole under any provision of this section and may be
reincarcerated.
   (C) If a parolee already on parole at the effective date of this
act violates that parole either by committing a nonviolent drug
possession offense, or a misdemeanor for simple possession or use of
drugs or drug paraphernalia, being present where drugs are used, or
failure to register as a drug offender, or any activity similar to
those listed in paragraph (1) of subdivision (d) of Section 1210, or
by violating a drug-related condition of parole, and the Parole
Authority acts to revoke parole, a hearing shall be conducted to
determine whether parole shall be revoked.  Parole shall be revoked
if the parole violation is proved and a preponderance of the evidence
establishes that the parolee poses a danger to the safety of others.
  If parole is not revoked, the conditions of parole may be modified
to include participation in a drug treatment program as provided in
subdivision (a).  This paragraph does not apply to any parolee who at
the effective date of this act has been convicted of one or more
serious or violent felonies in violation of subdivision (c) of
Section 667.5 or Section 1192.7.
   (D) If a parolee already on parole at the effective date of this
act violates that parole for the second time either by committing a
nonviolent drug possession offense, or by violating a drug-related
condition of parole, and the Parole Authority acts for a second time
to revoke parole, a hearing shall be conducted to determine whether
parole shall be revoked.  If the alleged parole violation is proved,
the parolee is not eligible for continued parole under any provision
of this section and may be reincarcerated.
   (e) The term "drug-related condition of parole" shall include a
parolee's specific drug treatment regimen, and, if ordered by the
parole authority pursuant to this section, employment, vocational
training,  educational programs, psychological counseling, and family
counseling.
3063.2.  In a case where a parolee had been ordered to undergo drug
treatment as a condition of parole pursuant to Section 3063.1, any
drug testing of the parolee shall be used as a treatment tool.  In
evaluating a parolee's treatment program, results of any drug testing
shall be given no greater weight than any other aspects of the
parolee's individual treatment program.
3063.5.  In parole revocation or revocation extension proceedings, a
parolee or his or her attorney shall receive a copy of any police,
arrest, and crime reports, criminal history information, and child
abuse reports made pursuant to Sections 11166 and 11166.2 pertaining
to those proceedings. Portions of those reports containing
confidential information need not be disclosed if the parolee or his
or her attorney has been notified that confidential information has
not been disclosed. Portions of child abuse reports made pursuant to
Sections 11166 and 11166.2 containing identifying information
relating to the reporter shall not be disclosed. However, the parolee
or his or her attorney shall be notified that information relating
to the identity of the reporter has not been disclosed.
3063.6.  Parole revocation proceedings and parole revocation
extension proceedings may be conducted by a panel of one person.
3064.  From and after the suspension or revocation of the parole of
any prisoner and until his return to custody he is an escapee and
fugitive from justice and no part of the time during which he is an
escapee and fugitive from justice shall be part of his term.
3065.  Except as otherwise provided in Section 1170.2 and Article 1
(commencing with Section 3000) of this chapter, the provisions of
this article are to apply to all prisoners serving sentence in the
state prisons on July 1, 1977, to the end that at all times the same
provisions relating to sentence, imprisonments and paroles of
prisoners shall apply to all the inmates thereof.
3066.  Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to a parole hearing
or other adjudication concerning rights of an inmate or parolee
conducted by the Department of Corrections or the Board of Prison
Terms.
3067.  (a) Any inmate who is eligible for release on parole pursuant
to this chapter shall agree in writing to be subject to search or
seizure by a parole officer or other peace officer at any time of the
day or night, with or without a search warrant and with or without
cause.
   (b) Any inmate who does not comply with the provision of
subdivision (a) shall lose worktime credit earned pursuant to Article
2.5 (commencing with Section 2930) of Chapter 7 on a day-for-day
basis and shall not be released until he or she either complies with
the provision of subdivision (a) or has no remaining worktime credit,
whichever occurs earlier.
   (c) This section shall only apply to an inmate who is eligible for
release on parole for an offense committed on or after January 1,
1997.
   (d) It is not the intent of the Legislature to authorize law
enforcement officers to conduct searches for the sole purpose of
harassment.
   (e) This section does not affect the power of the Director of
Corrections to prescribe and amend rules and regulations pursuant to
Section 5058.
3068.  (a) The Department of Corrections shall operate the
Preventing Parolee Crime Program with various components, including,
at a minimum, residential and nonresidential multiservice centers,
literacy labs, drug treatment networks, and job placement assistance
for parolees.
   (b) The Department of Corrections shall, commencing in the 1998-99
fiscal year, initiate an expansion of the program to parole units
now lacking some or all of the elements of the program, where doing
so would be cost-effective, as determined by the Director of
Corrections, to the extent that funding for the expansion becomes
available.
   (c) In addition to the assignment by the Department of Corrections
of any other parolee to the Preventing Parolee Crime Program, the
parole authority may assign a conditionally released or paroled
prisoner to the Preventing Parolee Crime Program in lieu of the
revocation of parole.  The parole authority shall not assign a
conditionally released or paroled prisoner to the Preventing Parolee
Crime Program in lieu of the revocation of parole if the person has
committed a parole violation involving a violent or serious felony.
A special condition of parole that requires the parolee to
participate in a live-in program shall not be imposed without a
hearing by the Board of Prison Terms.
   (d) (1) The Department of Corrections, in consultation with the
Board of Prison Terms and the Legislative Analyst's office, shall,
contingent upon funding, contract with an independent consultant to
conduct an evaluation regarding the impact of an expansion of the
Preventing Parolee Crime Program to additional parole units on public
safety, parolee recidivism, and prison and parole costs, and report
the results to the Legislature on or before January 1, 2004.
   (2) The Department of Corrections shall sample several parole
units in which the program has been added to examine the program's
impact upon the supervision, control, and sanction of parolees under
the jurisdiction of the sampled parole units.  These results shall be
compared with a control group of comparable parole populations that
do not have Preventing Parolee Crime Program services.
   (3) The report, whether in final or draft form, and all working
papers and data, shall be available for immediate review upon request
by the Legislative Analyst.
   (4) The department in consultation with the Board of Prison Terms
shall submit a multiyear evaluation plan for the program to the
Legislature six months after an appropriation is made for the
evaluation provided for in paragraph (1).
3070.  The Department of Corrections shall develop and report,
utilizing existing resources, to the Legislature by December 31,
2000, a plan that would ensure by January 1, 2005, that all prisoners
and parolees who are substance abusers receive appropriate
treatment, including therapeutic community and academic programs.
The plan shall include a range of options, estimated capital outlay
and operating costs for the various options, and a recommended
prioritization, including which persons shall receive priority for
treatment, for phased implementation of the plan.
3071.  The Department of Corrections shall implement, by January 1,
2002, a course of instruction for the training of parole officers in
California in the management of parolees who were convicted of
stalking pursuant to Section 646.9.  The course shall include
instruction in the appropriate protocol for notifying and interacting
with stalking victims, especially in regard to a stalking offender's
release from parole.


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