People v. Townsend
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In 2005, Townsend was placed on felony probation. After violating his probation, he was sentenced to three years in prison. Townsend was released in September 2009, subject to a three-year parole term. Townsend absconded from parole supervision on nine occasions and was jailed five times for parole violations, spending 896 days in the community on parole supervision, 2,309 days absconding from parole supervision, and 334 days in jail on parole violations. The Department of Corrections pushed his parole release date to December 23, 2019. After Townsend absconded for the ninth time, the Department petitioned the court to revoke Townsend’s parole. The trial court denied the petition, stating Townsend’s “parole may not be extended by the time he was in custody on the parole violation[s].”
The court of appeal reversed. Penal Code section 3064 tolls the period of parole while an absconder is a “fugitive from justice,” until his return to custody. Section 3000(b)(6)(A)) reads, “Except as provided in Section 3064, in no case may a prisoner subject to three years on parole be retained under parole supervision or in custody for" longer than four years from his initial parole. Because Townsend’s 334 days in jail on probation violations is less than a full year, each day he spent in jail extended his parole term by a day, and his discharge date is extended by 2,309 plus 334 days; none of these suspensions and extensions violated any other statutory provision.
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