Cal. Code Regs. Tit. 15, § 3720 - Discharge Reviews

(a) The following terms are defined for the purpose of this Article 15, Discharge:

(1) Continuous Parole, pursuant to California Code of Regulations (CCR), Title 15, subsection 2535(b)(4), is supervised persons who have not had parole revoked or absconded from parole supervision since their initial release. If a revocation, or a revocation with credit for time served, or suspension with reinstatement of parole with time loss has occurred in the period, the supervised person has not been on continuous parole.

(2) Discharge Review means a review of a supervised person's criminal history, and their adjustment and/or performance while under parole supervision for the purpose of rendering a decision as to whether or not a supervised person should be retained on parole supervision for another year or be discharged from parole supervision altogether.

(b) Discharge review periods to be followed by the Division of Adult Parole Operations are as follows:

(1) The review for those supervised persons who are subject to a three-year parole period as provided in CCR, Title 15, Division 2, subsection 2515(b), shall be performed during the 12th month of continuous parole, except for those who were committed for violent felonies as listed in section 667.5(c) of the Penal Code, in which case the review shall be performed during the 24th month of continuous parole.

(2) The review for those supervised persons who are subject to a five-year parole period, as provided for in CCR, Title 15, Division 2, subsection 2515(d), shall be performed during the 36th month of continuous parole.

(3) The review for those supervised persons who are subject to lifetime parole period shall be during the 84th month of continuous parole for first degree murder supervised persons and during the 60th month of continuous parole for second degree murder supervised persons.

(4) A supervised person shall be immediately referred to the parole authority for discharge consideration if any of the following criteria exist:

(A) Confirmation exists that the supervised person was deported to their country of origin after being released to parole.

(B) Confirmation exists that the supervised person is under the supervision of another prison system, state or federal, and that supervision period, which includes the period of incarceration and any supervised release, exceeds the jurisdiction period maintained by the Department.

Notes

Cal. Code Regs. Tit. 15, § 3720

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3000.03, 3000.1, 3001, 3052, 5054 and 5076.2, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3000.03, 3000.1, 3001, 3052, 5054 and 5076.2, Penal Code.

1. New article 15 (sections 3720-3723) and section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
2. Repealer of subsection (a), subsection relettering and amendment of newly designated subsections (a)(1) and (b)(4) filed 6-14-2018; operative 10/1/2018 (Register 2018, No. 24).
3. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).