2005 California Penal Code Sections 3000-3006 Article 1. General Provisions

3000.  (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship.  It is in the interest of public safety for the state to
provide for the supervision of and surveillance of parolees,
including the judicious use of revocation actions, and to provide
educational, vocational, family and personal counseling necessary to
assist parolees in the transition between imprisonment and discharge.
  A sentence pursuant to Section 1168 or 1170 shall include a period
of parole, unless waived, as provided in this section.
   (2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections for parole functions for which the department is
responsible.  It is also not the intent of this section to diminish
the resources allocated to the Board of Prison Terms to execute its
duties with respect to parole functions for which the board is
responsible.
   (3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
   (4)  Any finding made pursuant to Article 4 (commencing with
Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code, that a person is a sexually violent predator
shall not toll, discharge, or otherwise affect that person's period
of parole.
   (b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
   (1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except that any inmate sentenced
for an offense specified in paragraph (3), (4), (5), (6), (11), (16),
or (18) of subdivision (c) of Section 667.5 shall be released on
parole for a period not exceeding five years, unless in either case
the parole authority for good cause waives parole and discharges the
inmate from the custody of the department.
   (2) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department.  This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
   (3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
Section 667.61 or 667.71, the period of parole shall be five years.
Upon the request of the Department of Corrections, and on the
grounds that the paroled inmate may pose a substantial danger to
public safety, the Board of Prison Terms shall conduct a hearing to
determine if the parolee shall be subject to a single additional
five-year period of parole.  The board shall conduct the hearing
pursuant to the procedures and standards governing parole revocation.
  The request for parole extension shall be made no less than 180
days prior to the expiration of the initial five-year period of
parole.
   (4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.
   (5) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), or (3), as the case may be, whichever is earlier,
the inmate shall be discharged from custody.  The date of the
maximum statutory period of parole under this subdivision and
paragraphs (1), (2), and (3) shall be computed from the date of
initial parole or from the date of extension of parole pursuant to
paragraph (3) and shall be a period chronologically determined.  Time
during which parole is suspended because the prisoner has absconded
or has been returned to custody as a parole violator shall not be
credited toward any period of parole unless the prisoner is found not
guilty of the parole violation.  However, in no case, except as
provided in Section 3064, may a prisoner subject to three years on
parole be retained under parole supervision or in custody for a
period longer than four years from the date of his or her initial
parole, and, except as provided in Section 3064, in no case may a
prisoner subject to five years on parole be retained under parole
supervision or in custody for a period longer than seven years from
the date of his or her initial parole or from the date of extension
of parole pursuant to paragraph (3).
   (6) The Department of Corrections shall meet with each inmate at
least 30 days prior to his or her good time release date and shall
provide, under guidelines specified by the parole authority, the
conditions of parole and the length of parole up to the maximum
period of time provided by law.  The inmate has the right to
reconsideration of the length of parole and conditions thereof by the
parole authority.  The Department of Corrections or the Board of
Prison Terms may impose as a condition of parole that a prisoner make
payments on the prisoner's outstanding restitution fines or orders
imposed pursuant to subdivision (a) or (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994, or
subdivision (b) or (f) of Section 1202.4.
   (7) For purposes of this chapter, the Board of Prison Terms shall
be considered the parole authority.
   (8) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Prison Terms, except for any escaped state prisoner or any state
prisoner released prior to his or her scheduled release date who
should be returned to custody, and Section 3060 shall apply.
   (9) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to subparagraph (C) of paragraph
(1) of subdivision (a) of Section 290 who are on parole to engage
them in treatment.
3000.05.  (a) The Department of Corrections 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 parolees who have failed to make restitution payments
according to the terms and conditions specified by the department.
   (b) If a debt is referred to a private collection agency or to the
Franchise Tax Board pursuant to this section, the parolee shall be
given notice of that fact, either by the department in writing to his
or her address of record, or by his or her parole officer.
3000.1.  (a) 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.
   (b) Notwithstanding any other provision of law, when any person
referred to in 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, 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
304l.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole, and notwithstanding the
provisions of paragraph (2) 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.
3001.  (a) Notwithstanding any other provision of law, when any
person referred to in paragraph (1) of subdivision (b) of Section
3000 who was not imprisoned for committing a violent felony, as
defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison, and has been on parole continuously for
one year since release from confinement, within 30 days, that person
shall be discharged from parole, unless the Department of
Corrections recommends to the Board of Prison Terms that the person
be retained on parole and the board, for good cause, determines that
the person will be retained.  Notwithstanding any other provision of
law, when any person referred to in paragraph (1) of subdivision (b)
of Section 3000 who was imprisoned for committing a violent felony,
as defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison for a period not exceeding three years
and has been on parole continuously for two years since release from
confinement, or has been released on parole from the state prison for
a period not exceeding five years and has been on parole
continuously for three years since release from confinement, the
department shall discharge, within 30 days, that person from parole,
unless the department recommends to the board that the person be
retained on parole and the board, for good cause, determines that the
person will be retained.  The board shall make a written record of
its determination and the department shall transmit a copy thereof to
the parolee.
   (b) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) or (3) of subdivision (b) of Section
3000 has been released on parole from the state prison, and has been
on parole continuously for three years since release from confinement
or since extension of parole, the board shall discharge, within 30
days, the 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 the department
shall transmit a copy thereof to the parolee.
   (c) In the event of a retention on parole, the parolee shall be
entitled to a review by the parole authority each year thereafter
until the maximum statutory period of parole has expired.
   (d) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.
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.
3003.  (a) Except as otherwise provided in this section, an inmate
who is released on parole shall be returned to the county that was
the last legal residence of the inmate prior to his or her
incarceration.
   For purposes of this subdivision, "last legal residence" shall not
be construed to mean the county wherein the inmate committed an
offense while confined in a state prison or local jail facility or
while confined for treatment in a state hospital.
   (b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Prison Terms setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, as
determined by the parole consideration panel, or the Department of
Corrections setting the conditions of parole for inmates sentenced
pursuant to Section 1170, decides on a return to another county, it
shall place its reasons in writing in the parolee's permanent record
and include these reasons in the notice to the sheriff or chief of
police pursuant to Section 3058.6. In making its decision, the
paroling authority shall consider, among others, the following
factors, giving the greatest weight to the protection of the victim
and the safety of the community:
   (1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
   (2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
   (3) The verified existence of a work offer, or an educational or
vocational training program.
   (4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
   (5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
   (c) The Department of Corrections, in determining an out-of-county
commitment, shall give priority to the safety of the community and
any witnesses and victims.
   (d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
   (e) (1) The following information, if available, shall be released
by the Department of Corrections to local law enforcement agencies
regarding a paroled inmate who is released in their jurisdictions:
   (A) Last, first, and middle name.
   (B) Birth date.
   (C) Sex, race, height, weight, and hair and eye color.
   (D) Date of parole and discharge.
   (E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
   (F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
   (G) County of commitment.
   (H) A description of scars, marks, and tattoos on the inmate.
   (I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
   (J) Address, including all of the following information:
   (i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
   (ii) City and ZIP Code.
   (iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
   (K) Contact officer and unit, including all of the following
information:
   (i) Name and telephone number of each contact officer.
   (ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
   (L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
   (M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
   (2) The information required by this subdivision shall come from
the statewide parolee database. The information obtained from each
source shall be based on the same timeframe.
   (3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system. The transfer of this information shall
be continually available to local law enforcement agencies upon
request.
   (4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
   (f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on any person other than an accomplice
that has been charged and proved as provided for in Section 12022.53,
12022.7, or 12022.9, if the victim or witness has requested
additional distance in the placement of the inmate on parole, and if
the Board of Prison Terms or the Department of Corrections finds that
there is a need to protect the life, safety, or well-being of a
victim or witness.
   (g) (1) Notwithstanding any other law, an inmate who is released
on parole for any violation of Section 288 or 288.5 shall not be
placed or reside, for the duration of his or her period of parole,
within one-quarter mile of any public or private school, including
any or all of kindergarten and grades 1 to 8, inclusive.
   (2) Notwithstanding any other law, an inmate who is released on
parole for a violation of Section 288 or 288.5 whom the Department of
Corrections and Rehabilitation determines poses a high risk to the
public shall not be placed or reside, for the duration of his or her
parole, within one-half mile of any public or private school
including any or all of kindergarten and grades 1 to 12, inclusive.
   (h) Notwithstanding any other law, an inmate who is released on
parole for an offense involving stalking shall not be returned to a
location within 35 miles of the victim's actual residence or place of
employment if the victim or witness has requested additional
distance in the placement of the inmate on parole, and if the Board
of Prison Terms or the Department of Corrections finds that there is
a need to protect the life, safety, or well-being of the victim.
   (i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
   (j) An inmate may be paroled to another state pursuant to any
other law.
   (k) (1) Except as provided in paragraph (2), the Department of
Corrections shall be the agency primarily responsible for, and shall
have control over, the program, resources, and staff implementing the
Law Enforcement Automated Data System (LEADS) in conformance with
subdivision (e).
   (2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
3003.5.  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.
3004.  Notwithstanding any other law, the 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 prison,
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.
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.