Section 3721 - Discharge Review Reports(a) The assigned parole agent shall review each case within the specified review period and recommend retaining the case on parole or recommend discharge and allow the case to discharge by operation of law.(b) The parole agent must complete a discharge review report, whether the recommendation is to retain or discharge. The following factors shall be considered in conducting discharge reviews and preparing a discharge review report for a parolee in the community: (1) Parole Adjustment. Whether or not the parolee was complying with his or her conditions of parole or involved in any criminal behavior or activities, the parole adjustment shall include, but is not limited to, the following:(A) Residence, whether or not the parolee's residential pattern is stable.(B) Employment, whether or not the parolee demonstrated a steady pattern of employment, educational or vocational training, and if he or she has the ability to reasonably provide for his or her own financial needs while in the community.(C) Compliant with Special Conditions of Parole. Address any known violations of any general, mandatory or special conditions of parole, or the parolee's ability to comply with all conditions.(D) Psychological Factors. Note the mental health status of the parolee and his or her compliance with any mental health treatment.(E) STG Validation. Note any past or present involvement in any STG, criminal, or street gang as a validated member, associate, or affiliate, and if the parolee is a validated STG-I member, associate, or affiliate.(2) Restitution. Note any fine and/or restitution balance at the time of review, and any effort to satisfy the fine and/or restitution balance.(3) Criminal History.(A) Sex, Arson, Gang or Drug Registration Requirements. Note any registration requirement as per sections 290, 457.1 and 186.30 of the Penal Code; and/or section 11590 of the Health and Safety Code and if the applicable registrations(s) are current.(B) Serious or Violent Commitment Offense. Indicate whether or not the parolee's commitment offense, regardless of whether it is the controlling or non-controlling case, is considered serious or violent as defined in Penal Code sections 1192.7(c), 1192.8, or 667.5(c).(C) Use of a Weapon during Commitment Offense. Indicate whether or not it is known if the parolee's commitment offense involved the use of a weapon, regardless of whether it is the controlling or non-controlling commitment offense.(D) Possession of Firearm during Commitment Offense. Indicate whether or not the parolee's commitment offense involved the possession of a firearm, regardless of whether it is the controlling or non-controlling commitment offense.(E) History of Serious or Violent Felony Convictions. Indicate whether or not the parolee's criminal history includes a conviction for any serious or violent felony as defined in Penal Code sections 1192.7(c), 1192.8, or 667.5(c).(F) History of Use of a Weapon Conviction. Indicate whether or not the parolee's criminal history includes a conviction for any offense involving the use of a weapon.(G) History of Possession of a Firearm Conviction. Indicate whether or not the parolee's criminal history includes a conviction for any offense involving the possession of a weapon within the 10 year period before the commitment offense.Cal. Code Regs. Tit. 15, § 3721
1. New section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
2. Amendment of subsection (b)(1)(E) filed 10-17-2014; operative 10-17-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42). Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3000.1, 3001, 3052, 5054 and 5076.2, Penal Code.
1. New section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18.
2. Amendment of subsection (b)(1)(E) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).