Cal. Code Regs. tit. 15 § 2515

Current through Register 2024 Notice Reg. No. 15, April 12, 2024

Section 2515 - Length of Parole

(a) General. The department shall establish the length of parole for ISL prisoners released on retroactively calculated DSL release dates and for DSL prisoners. The board shall establish the length of parole for ISL prisoners released on ISL parole dates, non-life 1168 prisoners and life prisoners. The board may waive parole for any prisoner and may review, upon request, the length of parole set by the department (see § 2525 -§ 2526).

The board shall discharge a prisoner who has a three-year period of parole within 30 days following one year on continuous parole, unless the board finds good cause to retain the parolee on parole. The board shall discharge a parolee who has a five-year period of parole within 30 days following three years on continuous parole, unless the board finds good cause to retain the parolee on parole. A parolee has been on continuous parole if he/she has not absconded parole supervision or had parole revoked since initial release on parole. Any time during which the parolee has absconded from supervision while on parole or during a period of revocation shall not be credited to the period of parole.

The parole period may be extended pursuant to revocation proceedings. The parole period shall be extended for an amount of time equal to that ordered as the revocation period. The extension of the period of parole pursuant to revocation shall not exceed the maximum period of parole.

(b) DSL and Non-life 1168 Prisoners: Offenses After January 1, 1979. A DSL or non-life 1168 prisoner who was sentenced to state prison for an offense committed on or after January 1, 1979, is subject to a three-year parole period, unless the board or the department sets a shorter period of parole. The maximum period of parole is four years.

(c) ISL, DSL and Non-life 1168 Prisoners: Offenses On or Before December 31, 1978. An ISL, DSL or non-life 1168 prisoner who was sentenced to prison for an offense committed on or before December 31, 1978, is subject to a one-year parole period, unless the board or the department sets a shorter period of parole. The maximum period of parole is eighteen months.

(d) Life Prisoners: Offenses After January 1, 1979. A life prisoner who was sentenced to state prison for an offense committed on or after January 1, 1979, is subject to a five-year parole period, unless the board sets a shorter period of parole. The maximum period of parole is seven years.

(e) Life Prisoners: Offenses On or Before December 31, 1978. A life prisoner sentenced to state prison for an offense committed on or before December 31, 1978, is subject to a three-year parole period, unless the board sets a shorter period of parole. The maximum period of parole is four years.

(f) Life Prisoners: Murder offense on or after January 1, 1983. A life prisoner who was sentenced to prison for a murder committed on or after January 1, 1983, is subject to a parole period of life.

Cal. Code Regs. Tit. 15, § 2515

1. Amendment filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52).
2. Certificate of Non-compliance reinstating section as it existed prior to emergency amendment transmitted to OAH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. Amendment filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsections (b) and (c) and new subsections (d), (e) and (f) filed 6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
9. New subsection (f) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
10. Amendment of subsections (a)-(c) and amendment of NOTE filed 10-22-98 as an emergency; operative 10-22-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-19-99 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99, No. 7).

Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000, 3000.1, 3001, 3002, Penal Code (Stats. 1978, c. 582) and 3064, Penal Code; In re Thompson (1980) 104 Cal.App.3d 950; In re Harper (1979) 96 Cal.App.3d 138; and In re Carr (1995) 38 Cal.App.4th 209.

1. Amendment filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52).
2. Certificate of Non-compliance reinstating section as it existed prior to emergency amendment transmitted to OAH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. Amendment filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsections (b) and (c) and new subsections (d), (e) and (f) filed 6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
9. New subsection (f) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
10. Amendment of subsections (a)-(c) and amendment of Note filed 10-22-98 as an emergency; operative 10-22-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-19-99 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99, No. 7).