"u.s.a"california penal code

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Sale of Prison Goods Made Outside California


2880. To the extent and insofar as the same may be permitted under
the provisions of the Constitution of the United States and the acts
of Congress, all goods, wares, and merchandise manufactured,
produced, or mined wholly or in part by prisoners (except prisoners
on parole or probation) or manufactured, produced, or mined wholly or
in part in any state prison, transported into the State of
California and remaining herein for use, consumption, sale, or
storage, shall upon arrival and delivery in this state be subject to
the operation and effect of the laws of this state to the same extent
and in the same manner as though those commodities had been
manufactured, produced, or mined in this state by prisoners or in any
state prison, and shall not be exempt therefrom by reason of being
introduced in the original package or otherwise.



2881. No person, firm, partnership, association or corporation
within this State shall sell or offer, trade, consign, keep, expose
or display for sale any goods, wares or merchandise manufactured,
assembled, produced or mined in whole or in part by prisoners in any
penitentiary, prison, reformatory or other establishment in which
prison labor is employed, unless such prison-made goods, wares, or
merchandise are plainly, legibly, conspicuously and indelibly
branded, molded, embossed, stenciled or labeled with the words
"Convict-made" in plain, bold letters followed by the name of such
penitentiary, prison, reformatory or other establishment in which the
goods, wares or merchandise were made.



2882. It is hereby specifically provided that any article of
prison-made goods, wares or merchandise, as described in the
preceding section, may be labeled by the attachment of a label not
smaller than four inches long and two inches wide, upon which is
printed the words "Convict-made" in plain, bold letters followed by
the name of such penitentiary, prison, reformatory, or other
establishment in which the goods, wares or merchandise were made;
provided, that in the judgment of officials charged with the
enforcement of this article such prison-made goods, wares or
merchandise can not be legibly, conspicuously and indelibly branded,
molded, embossed, stenciled or labeled as provided in said preceding
section.


2883. The size and type of such stenciling or label must be
consistent with the size and character of the merchandise to which
such stenciling or label applies. The size, type and character of
such stenciling or label will be subject to the approval of the
officials of the State of California responsible for the enforcement
of this article.



2884. No person, firm, partnership, association or corporation
within this state shall sell or offer, trade, consign, keep, expose,
or display for sale any goods, wares or merchandise manufactured,
assembled, produced, or mined in whole or in part by prisoners in
any penitentiary, prison, reformatory, or other establishment in
which prison labor is employed, unless those prison-made goods,
wares, or merchandise have first been disinfected or sterilized in a
plant located in California and licensed by the State Department of
Health Services in accordance with any regulations of the State
Department of Health Services now in force or which later may be made
effective.
It is hereby further provided that certificate of that
disinfection or sterilization must accompany, be stamped on or
attached to those goods, wares, or merchandise in a manner or form
prescribed by the officials of the State of California responsible
for the enforcement of this article.



2885. No person, firm, partnership, association, or corporation
within this State shall sell or offer, trade, consign, keep, expose
or display for sale any goods, wares or merchandise manufactured,
assembled, produced or mined in whole or in part by the prisoners in
any penitentiary, prison, reformatory or other establishment in which
prison labor is employed, unless such person, firm, partnership,
association or corporation shall keep permanently and conspicuously
displayed within the same inclosure and within 10 feet of the place
where said prison-made goods, wares or merchandise are kept, exposed,
displayed or offered for sale a suitable sign, at least 36 inches
wide and 10 inches high, on which appear in legible letters not less
than two inches high the following words: "Convict-made products on
sale here."



2886. Any person, firm, partnership, association or corporation
within this State, when advertising in any periodical or publication
any goods, wares or merchandise made in whole or in part by prisoners
in any penitentiary, prison, reformatory or other establishment in
which prison labor is employed, must insert the words "Convict-made,"
in such advertisement in type or other letters conforming in size or
shape to those used in the text of said periodical or publication.



2887. Any person, firm, partnership, association or corporation
violating the provisions of this article shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
of not less than fifty dollars ($50) or more than five hundred
dollars ($500) for each offense, or by imprisonment in the county
jail for not less than 30 days or more than six months or by both
such fine and imprisonment.



2888. The State Superintendent of Weights and Measures or any
deputy or inspector authorized by him, shall have access to any
premises or any records held by any person, firm, partnership,
association or corporation containing any information pertaining to
the prison-made goods, wares or merchandise referred to herein.




2889. The enforcement of the provisions of this article shall be
under the supervision of the State Superintendent of Weights and
Measures.


2890. The provisions of this article shall not apply to any goods,
wares or merchandise manufactured in any penitentiary or prison of
this State.


2891. No person or corporation may sell, expose for sale or offer
for sale any goods, wares or merchandise manufactured, produced or
mined wholly or in part by prisoners (except prisoners on parole or
probation) or manufactured, produced or mined wholly or in part in
any State prison the sale of which is not specifically sanctioned by
law; and any person or corporation violating any provision of this
section is guilty of a misdemeanor.

EXECUTION OF SENTENCES OF IMPRISONMENT
Commencement of Term


2900. (a) The term of imprisonment fixed by the judgment in a
criminal action commences to run only upon the actual delivery of the
defendant into the custody of the Director of Corrections at the
place designated by the Director of Corrections as a place for the
reception of persons convicted of felonies.
(b) Except as otherwise provided in this section, the place of
reception shall be an institution under the jurisdiction of the
Director of Corrections.
(1) As an emergency measure, the Director of Corrections may
direct that persons convicted of felonies may be received and
detained in jails or other facilities and that the judgment will
commence to run upon the actual delivery of the defendant into such
place and that any persons previously received and confined for
conviction of a felony may be, as an emergency, temporarily housed at
such place and the time during which such person is there shall be
computed as a part of the term of judgment.
(2) In any case in which, pursuant to the agreement on detainers
or other provision of law, a prisoner of another jurisdiction is,
before completion of actual confinement in a penal or correctional
institution of a jurisdiction other than the State of California,
sentenced by a California court to a term of imprisonment for a
violation of California law, and the judge of the California court
orders that the California sentence shall run concurrently with the
sentence which such person is already serving, the Director of
Corrections shall designate the institution of the other jurisdiction
as the place for reception of such person within the meaning of the
preceding provisions of this section. He may also designate the
place in California for reception of such person in the event that
actual confinement under the prior sentence ends before the period of
actual confinement required under the California sentence.
(3) In any case in which a person committed to the Director of
Corrections is subsequently committed to a penal or correctional
institution of another jurisdiction, the subsequent commitment is
ordered to be served concurrently with the California commitment, the
prisoner is placed in a penal or correctional institution of the
other jurisdiction, and the prisoner is not received by the Director
of Corrections pursuant to subdivision (a), the Director of
Corrections shall designate the institution of the other jurisdiction
as the place for reception and service of the California term.
(c) Except as provided in this section, all time served in an
institution designated by the Director of Corrections shall be
credited as service of the term of imprisonment.
(1) If a person is ordered released by a court from the custody
and jurisdiction of the Director of Corrections pursuant to Section
1272 or 1506 or any other provision of law permitting the legal
release of prisoners, time during which the person was released shall
not be credited as service of the prison term.
(2) If a prisoner escapes from the custody and jurisdiction of the
Director of Corrections, the prisoner shall be deemed an escapee and
fugitive from justice, until the prisoner is available to return to
the custody of the Director of Corrections or the State of
California. Time during which the prisoner is an escapee shall not
be credited as service of the prison term.
(d) The Department of Corrections may contract for the use of any
facility of the state or political subdivision thereof to care for
persons received in accordance with this section.



2900.1. Where a defendant has served any portion of his sentence
under a commitment based upon a judgment which judgment is
subsequently declared invalid or which is modified during the term of
imprisonment, such time shall be credited upon any subsequent
sentence he may receive upon a new commitment for the same criminal
act or acts.



2900.5. (a) In all felony and misdemeanor convictions, either by
plea or by verdict, when the defendant has been in custody,
including, but not limited to, any time spent in a jail, camp, work
furlough facility, halfway house, rehabilitation facility, hospital,
prison, juvenile detention facility, or similar residential
institution, all days of custody of the defendant, including days
served as a condition of probation in compliance with a court order,
and including days credited to the period of confinement pursuant to
Section 4019, shall be credited upon his or her term of imprisonment,
or credited to any fine on a proportional basis, including, but not
limited to, base fines and restitution fines, which may be imposed,
at the rate of not less than thirty dollars ($30) per day, or more,
in the discretion of the court imposing the sentence. If the total
number of days in custody exceeds the number of days of the term of
imprisonment to be imposed, the entire term of imprisonment shall be
deemed to have been served. In any case where the court has imposed
both a prison or jail term of imprisonment and a fine, any days to be
credited to the defendant shall first be applied to the term of
imprisonment imposed, and thereafter the remaining days, if any,
shall be applied to the fine on a proportional basis, including, but
not limited to, base fines and restitution fines.
(b) For the purposes of this section, credit shall be given only
where the custody to be credited is attributable to proceedings
related to the same conduct for which the defendant has been
convicted. Credit shall be given only once for a single period of
custody attributable to multiple offenses for which a consecutive
sentence is imposed.
(c) For the purposes of this section, "term of imprisonment"
includes any period of imprisonment imposed as a condition of
probation or otherwise ordered by a court in imposing or suspending
the imposition of any sentence, and also includes any term of
imprisonment, including any period of imprisonment prior to release
on parole and any period of imprisonment and parole, prior to
discharge, whether established or fixed by statute, by any court, or
by any duly authorized administrative agency.
(d) It shall be the duty of the court imposing the sentence to
determine the date or dates of any admission to, and release from,
custody prior to sentencing and the total number of days to be
credited pursuant to this section. The total number of days to be
credited shall be contained in the abstract of judgment provided for
in Section 1213.
(e) It shall be the duty of any agency to which a person is
committed to apply the credit provided for in this section for the
period between the date of sentencing and the date the person is
delivered to the agency.
(f) If a defendant serves time in a camp, work furlough facility,
halfway house, rehabilitation facility, hospital, juvenile detention
facility, similar residential facility, or home detention program in
lieu of imprisonment in a county jail, and the statute under which
the defendant is sentenced requires a mandatory minimum period of
time in jail, the time spent in these facilities or programs shall
qualify as mandatory time in jail.
(g) Notwithstanding any other provision of this code as it
pertains to the sentencing of convicted offenders, nothing in this
section is to be construed as authorizing the sentencing of convicted
offenders to any of the facilities or programs mentioned herein.
(h) This section shall become operative on January 1, 1999.



2901. It is hereby made the duty of the wardens of the State
prisons to receive persons sentenced to imprisonment in a State
prison, and such persons shall be imprisoned until duly released
according to law.


2902. All criminals sentenced to prison by the authority of the
United States or of any state or territory of the United States, may
be received by the Director of Corrections and imprisoned in
California state prisons in accordance with the sentence of the court
by which they were tried. The prisoners so confined shall be
subject in all respects to discipline and treatment as though
committed under the laws of this State and the Director of
Corrections is authorized to enter into contracts with the proper
agencies of the United States and of other states and territories of
the United States with regard to the per diem rate such agencies
shall pay to the State of California for the keep of each prisoner.



2903. (a) In any case in which a woman offender can be sentenced to
imprisonment in the county jail, or be required to serve a term of
imprisonment therein as a condition of probation, or has already been
so sentenced or imprisoned, the court which tried the offender may,
with the consent of the offender and on application of the sheriff or
on its own motion, with the consent of the offender, commit the
offender to the sheriff with directions for placement in the
California Institution for Women in lieu of placement in the county
jail if the court finds that the local detention facilities are
inadequate for the rehabilitation of the offenders and if the court
concludes that the offender will benefit from that treatment and care
as is available at that institution and the county has entered into
a contract with the state under subdivision (b). The offenders may
be received by the Director of Corrections and imprisoned in the
California Institution for Women in accordance with the commitment of
the court by which tried. The prisoners so confined shall be
subject in all respects to discipline, diagnosis, and treatment as
though committed under the laws of this state concerning felony
prisoners.
(b) The Director of Corrections may enter into contracts, with the
approval of the Director of General Services, with any county in
this state, upon request of the board of supervisors thereof, wherein
the Department of Corrections agrees to furnish diagnosis and
treatment services and detention for selected women county prisoners.
The county shall reimburse the state for the cost of the services,
the cost to be determined by the Director of Finance. In any
contract entered into pursuant to this subdivision, the county shall
agree to pay that amount which is reasonably necessary for payment of
an allowance to each released or paroled prisoner for transportation
to the prisoner's county of residence or county where employment is
available, and may agree to provide suitable clothing and a cash
gratuity to the prisoners in the event that they are discharged from
that institution because of parole or completion of the term for
which they were sentenced. Each county auditor shall include in his
state settlement report rendered to the Controller in the months of
January and June the amounts due under any contract authorized by
this section, and the county treasurer, at the time of settlement
with the state in those months, shall pay to the State Treasurer upon
order of the Controller, the amounts found to be due.
(c) The Department of Corrections shall accept the women county
prisoners if it believes that they can be materially benefited by the
confinement, care, treatment and employment and if adequate
facilities to provide the care are available. None of those persons
shall be transported to any facility under the jurisdiction of the
Department of Corrections until the director has notified the
referring court that the person may be transported to the California
Institution for Women and the time at which she can be received.
(d) The sheriff of the county in which an order is made placing a
woman county prisoner pursuant to this section, or any other peace
officer designated by the court, shall execute the order placing the
person in the institution or returning her therefrom to the court.
The expenses of the peace officer incurred in executing the order is
a charge upon the county in which the court is situated.
(e) The Director of Corrections may return to the committing
authority any woman prisoner transferred pursuant to this section
when that person is guilty of any violation of rules and regulations
of the California Institution for Women or the Department of
Corrections.
(f) No woman prisoner placed in the California Institution for
Women pursuant to this section shall thereafter be deemed to have
been guilty of a felony solely by virtue of such placement, and she
shall have the same rights to parole and to time off for good
behavior as she would have had if she had been confined in the county
jail.
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Commencement of Term

Transfer of Prisoners



2910. (a) The Director of Corrections may enter into an agreement
with a city, county, or city and county, to permit transfer of
prisoners in the custody of the Director of Corrections to a jail or
other adult correctional facility of the city, county, or city and
county, if the sheriff or corresponding official having jurisdiction
over the facility has consented thereto. The agreement shall provide
for contributions to the city, county, or city and county toward
payment of costs incurred with reference to such transferred
prisoners.
(b) When an agreement entered into pursuant to subdivision (a) is
in effect with respect to a particular local facility, the Director
of Corrections may transfer prisoners whose terms of imprisonment
have been fixed and parole violators to the facility.
(c) Prisoners so transferred to a local facility may, with
approval of the Director of Corrections, participate in programs of
the facility, including work furlough rehabilitation programs.
(d) Prisoners transferred to such facilities are subject to the
rules and regulations of the facility in which they are confined, but
remain under the legal custody of the Department of Corrections and
shall be subject at any time, pursuant to the rules and regulations
of the Director of Corrections, to be detained in the county jail
upon the exercise of a state parole or correctional officer's peace
officer powers as specified in Section 830.5, with the consent of the
sheriff or corresponding official having jurisdiction over the
facility.
(e) The Director of Corrections, to the extent possible, shall
select city, county, or city and county facilities in areas where
medical, food, and other support services are available from nearby
existing prison facilities.
(f) The Director of Corrections, with the approval of the
Department of General Services, may enter into an agreement to lease
state property for a period not in excess of 20 years to be used as
the site for a facility operated by a city, county, or city and
county authorized by this section.
(g) No agreement may be entered into under this section unless the
cost per inmate in the facility is no greater than the average costs
of keeping an inmate in a comparable facility of the department, as
determined by the director.


2910.5. (a) Pursuant to Section 2910, the Director of Corrections
may enter into a long-term agreement not to exceed 20 years with a
city, county, or city and county to place parole violators and other
state inmates in a facility which is specially designed and built for
the incarceration of parole violators and specified state prison
inmates.
(b) The agreement shall provide that persons providing security at
the facilities shall be peace officers as defined in Sections 830.1
and 830.55 who have satisfactorily met the minimum selection and
training standards prescribed by the Board of Corrections for local
correctional personnel established under Section 6035.
(c) A parole violator or other inmate may be confined in a
facility established under this section.
(1) If convicted within the last 10 years of a violent felony, as
defined in subdivision (c) of Section 667.5, or convicted of a crime,
as defined in Sections 207, 210.5, 214, 217.1, or 220, or if that
person has a history of escape or attempted escape, the Department of
Corrections, prior to placing the parole violator or inmate in the
facility, shall review each individual case to make certain that this
placement is in keeping with the need to protect society.
(2) No inmate or parole violator who has received a sentence of
life imprisonment within the past 20 years shall be eligible.
(3) The superintendent of the facility also shall review each
individual case where the inmate or parolee has been convicted within
the last 10 years of a crime specified in this subdivision and shall
ascertain whether this is an appropriate placement. The
superintendent shall reject those whom he or she determines are
inappropriate due to their propensity for violence or escape and
shall submit written findings for the rejection to the Department of
Corrections.
(4) No parole violator who receives a revocation sentence greater
than 12 months shall be confined in a facility established under this
section.
(5) The Department of Corrections shall establish additional
guidelines as to inmates eligible for the facilities.
(d) In determining the reimbursement rate pursuant to an agreement
entered into pursuant to subdivision (a), the director shall take
into consideration the costs incurred by the city, county, or city
and county for services and facilities provided and any other factors
that are necessary and appropriate to fix the obligations,
responsibilities, and rights of the respective parties.
(e) Facilities operated by the county shall be under the
supervision of the sheriff. Facilities operated by the city shall be
under the supervision of a chief of police or a facility
superintendent who shall have at least five years similar experience.

(f) Cities or counties contracting with the Department of
Corrections for a facility pursuant to this section shall be
responsible for managing and maintaining the security of the facility
pursuant to the regulations and direction of the Director of
Corrections. No city or county may contract with any private
provider to manage, operate, or maintain the security of the
facility.


2910.6. The Director of Corrections may enter into an agreement
consistent with applicable law for a city, county, or city and county
to construct and operate community corrections programs, restitution
centers, halfway houses, work furlough programs, or other
correctional programs authorized by state law.



2911. (a) The Director of Corrections may enter into contracts,
with the approval of the Director of General Services, with
appropriate officials or agencies of the United States for the
confinement, care, education, treatment, and employment of those
persons convicted of criminal offenses in the courts of this state
and committed to state prisons as the director believes can benefit
by the confinement, care, education, treatment, and employment.
(b) Any contract entered into pursuant to subdivision (a) shall
provide for (1) reimbursement to the United States government for the
cost of those services, including any costs incurred by the
government in transporting the prisoners, and (2) any other matters
as may be necessary and appropriate to fix the obligations,
responsibilities and rights of the respective parties to the
contract.
(c) No inmate may be transferred from an institution within this
state to a federal facility pursuant to a contract entered into
pursuant to subdivision (a) unless he or she has executed, in the
presence of the warden or other head of the institution in this state
in which he or she is confined, a written consent to the transfer.
The inmate shall have the right to a private consultation with an
attorney of his or her choice, concerning his or her rights and
obligations under this section, prior to his or her appearance before
the warden or other head of the institution for the purpose of
executing the written consent.
(d) Whenever a contract has been made pursuant to this section the
director may direct the transfer of an inmate to the facility
designated and shall thereafter deliver the inmate to the custody of
the appropriate federal officials for transportation to that
facility. An inmate so transferred shall at all times be subject to
the jurisdiction of this state and may at any time be removed from
the facility in which he or she is confined for return to this state,
for transfer to another facility in which this state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of this state; in all other respects, an inmate
transferred to a federal facility shall be subject to all provisions
of the law or regulations applicable to persons committed for
violations of laws of the United States not inconsistent with the
sentence imposed on the inmate.
(e) The Board of Prison Terms, and the panels and members thereof,
may meet at the federal facility where an inmate is confined
pursuant to this section or enter into cooperative arrangements with
corresponding federal agencies or officials, as necessary to carry
out the term-fixing and parole functions. Nothing in this
subdivision shall be deemed to waive an inmate's right to personally
appear before the Board of Prison Terms.
(f) Any inmate confined pursuant to a contract entered into
pursuant to this section shall be released within the territory of
this state unless the inmate, this state and the federal government
shall agree upon release in some other place. This state shall bear
the cost of return of the inmate to its territory.
(g) This section shall not apply to an inmate who is transferred
by the Department of Corrections to the United States Immigration and
Naturalization Service pursuant to Section 5025.



2911. (a) The Director of Corrections may enter into contracts,
with the approval of the Director of General Services, with
appropriate officials or agencies of the United States for the
confinement, care, education, treatment, and employment of persons
convicted of criminal offenses in the courts of this state and
committed to state prisons as the director believes can benefit by
confinement, care, education, treatment, and employment.
(b) Any contract entered into pursuant to subdivision (a) shall
provide for (1) reimbursement to the United States government for the
cost of services, including any costs incurred by the federal
government in transporting prisoners, and (2) other matters as may be
necessary and appropriate to fix the obligations, responsibilities
and rights of the respective parties to the contract.
(c) No inmate may be transferred from an institution within this
state to a federal facility pursuant to a contract unless he or she
has executed, in the presence of the warden or other head of the
institution in this state in which he or she is confined, a written
consent to the transfer. The inmate shall have the right to a
private consultation with an attorney of his or her choice,
concerning his or her rights and obligations under this section,
prior to his or her appearance before the warden or other head of the
institution for the purpose of executing the written consent.
(d) Whenever a contract has been made pursuant to this section the
director may direct the transfer of an inmate to the facility
designated and shall thereafter deliver the inmate to the custody of
the appropriate federal officials for transportation to the facility.
An inmate so transferred shall at all times be subject to the
jurisdiction of this state and may at any time be removed from the
facility in which he or she is confined for return to this state, for
transfer to another facility in which this state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of this state; in all other respects, an inmate
transferred to a federal facility shall be subject to all provisions
of the law or regulations applicable to persons committed for
violations of laws of the United States not inconsistent with the
sentence imposed on the inmate.
(e) The Board of Prison Terms, and the panels and members thereof,
may meet at the federal facility where an inmate is confined
pursuant to this section or enter into cooperative arrangements with
corresponding federal agencies or officials, as necessary to carry
out the term-fixing and parole functions. Nothing in this
subdivision shall be deemed to waive an inmate's right to personally
appear before the Board of Prison Terms.
(f) Any inmate confined pursuant to a contract entered into
pursuant to this section shall be released within the territory of
this state unless the inmate, this state and the federal government
shall agree upon release in some other place. This state shall bear
the cost of return of the inmate to his or her territory.
(g) This section shall not apply to any inmate or ward who is
transferred by the Department of the Youth Authority or the
Department of Corrections to the custody of the Attorney General of
the United States pursuant to Section 5025.



2912. (a) Under its Foreign Prisoner Transfer Program, the Board of
Prison Terms shall devise a method of notifying each foreign born
inmate in a prison or reception center operated by the Department of
Corrections that he or she may be eligible to serve his or her term
of imprisonment in his or her nation of citizenship as provided in
federal treaties.
(b) (1) The Board of Prison Terms shall actively encourage each
eligible foreign born inmate to apply for return to his or her
nation of citizenship as provided in federal treaties and shall
provide quarterly reports outlining its efforts under this section to
the Chairperson of the Joint Legislative Budget Committee and the
chairperson of each fiscal committee of the Legislature.
(2) The Board of Prison Terms shall adopt the model program
developed by the State of Texas for encouraging participation in the
federal repatriation program where appropriate.



2913. A city shall give notice to, and consult with, the county
prior to contracting with the state pursuant to Section 2910 of this
code or Section 1753.3 of the Welfare and Institutions Code.

Credit on Term of Imprisonment



2930. (a) The Department of Corrections shall inform every prisoner
sentenced under Section 1170, for a crime committed prior to January
1, 1983, not later than 14 days after reception in prison, of all
applicable prison rules and regulations including the possibility of
receiving a one-third reduction of the sentence for good behavior and
participation. Within 14 days of the prisoner's arrival at the
institution to which the prisoner is ultimately assigned by the
Department of Corrections, the prisoner shall be informed of the
range of programs offered by that institution and their availability
at that institution. The prisoner's central file shall reflect
compliance with the provisions of this section not later than 90 days
after reception in prison.
(b) The department shall, within 90 days after July 1, 1977,
inform every prisoner who committed a felony before July 1, 1977, and
who would have been sentenced under Section 1170 if the felony had
been committed after July 1, 1977, of all applicable prison rules and
regulations, which have not previously been provided, of the range
of programs offered and their availability, and the possibility of
receiving a reduction for good behavior and participation of
one-third of the prisoner's remaining sentence after July 1, 1977.
The prisoner's central file shall reflect compliance with the
provisions of this section.



2931. (a) In any case in which a prisoner was sentenced to the
state prison pursuant to Section 1170, or if he committed a felony
before July 1, 1977, and he would have been sentenced under Section
1170 if the felony had been committed after July 1, 1977, the
Department of Corrections shall have the authority to reduce the term
prescribed under such section by one-third for good behavior and
participation consistent with subdivision (d) of Section 1170.2. A
document shall be signed by a prison official and given to the
prisoner, at the time of compliance with Section 2930, outlining the
conditions which the prisoner shall meet to receive the credit. The
conditions specified in such document may be modified upon any of the
following:
(1) Mutual consent of the prisoner and the Department of
Corrections.
(2) The transfer of the prisoner from one institution to another.

(3) The department's determination of the prisoner's lack of
adaptability or success in a specific program or assignment. In such
case the prisoner shall be entitled to a hearing regarding the
department's decision.
(4) A change in custodial status.
(b) Total possible good behavior and participation credit shall
result in a four-month reduction for each eight months served in
prison or in a reduction based on this ratio for any lesser period of
time. Three months of this four-month reduction, or a reduction
based on this ratio for any lesser period, shall be based upon
forbearance from any act for which the prisoner could be prosecuted
in a court of law, either as a misdemeanor or a felony, or any act of
misconduct described as a serious disciplinary infraction by the
Department of Corrections.
(c) One month of this four-month reduction, or a reduction based
on this ratio for a lesser period, shall be based solely upon
participation in work, educational, vocational, therapeutic or other
prison activities. Failure to succeed after demonstrating a
reasonable effort in the specified activity shall not result in loss
of participation credit. Failure to participate in the specified
activities can result in a maximum loss of credit of 30 days for each
failure to participate. However, those confined for other than
behavior problems shall be given specified activities commensurate
with the custodial status.
(d) This section shall not apply to any person whose crime was
committed on or after January 1, 1983.



2932. (a) (1) For any time credit accumulated pursuant to Section
2931 or to Section 2933, not more than 360 days of credit may be
denied or lost for a single act of murder, attempted murder,
solicitation of murder, manslaughter, rape, sodomy, or oral
copulation accomplished against the victim's will, attempted rape,
attempted sodomy, or attempted oral copulation accomplished against
the victim's will, assault or battery causing serious bodily injury,
assault with a deadly weapon or caustic substance, taking of a
hostage, escape with force or violence, or possession or manufacture
of a deadly weapon or explosive device, whether or not prosecution is
undertaken for purposes of this paragraph. Solicitation of murder
shall be proved by the testimony of two witnesses, or of one witness
and corroborating circumstances.
(2) Not more than 180 days of credit may be denied or lost for a
single act of misconduct, except as specified in paragraph (1), which
could be prosecuted as a felony whether or not prosecution is
undertaken.
(3) Not more than 90 days of credit may be denied or lost for a
single act of misconduct which could be prosecuted as a misdemeanor,
whether or not prosecution is undertaken.
(4) Not more than 30 days of credit may be denied or lost for a
single act of misconduct defined by regulation as a serious
disciplinary offense by the Department of Corrections. Any person
confined due to a change in custodial classification following the
commission of any serious disciplinary infraction shall, in addition
to any loss of time credits, be ineligible to receive participation
or worktime credit for a period not to exceed the number of days of
credit which have been lost for the act of misconduct or 180 days,
whichever is less. Any person confined in a secure housing unit for
having committed any misconduct specified in paragraph (1) in which
great bodily injury is inflicted upon a nonprisoner shall, in
addition to any loss of time credits, be ineligible to receive
participation or worktime credit for a period not to exceed the
number of days of credit which have been lost for that act of
misconduct, or for the period that the prisoner is confined in a
secure housing unit, whichever is less. In unusual cases, an inmate
may be denied the opportunity to participate in a credit qualifying
assignment for up to six months beyond the period specified in this
subdivision if the Director of Corrections finds, after a hearing,
that no credit qualifying program may be assigned to the inmate
without creating a substantial risk of physical harm to staff or
other inmates. At the end of the six-month period and of successive
six-month periods, the denial of the opportunity to participate in a
credit qualifying assignment may be renewed upon a hearing and
finding by the director.
The prisoner may appeal the decision through the department's
review procedure, which shall include a review by an individual
independent of the institution who has supervisorial authority over
the institution.
(b) For any credit accumulated pursuant to Section 2931, not more
than 30 days of participation credit may be denied or lost for a
single failure or refusal to participate. Any act of misconduct
described by the Department of Corrections as a serious disciplinary
infraction if committed while participating in work, educational,
vocational, therapeutic, or other prison activity shall be deemed a
failure to participate.
(c) Any procedure not provided for by this section, but necessary
to carry out the purposes of this section, shall be those procedures
provided for by the Department of Corrections for serious
disciplinary infractions if those procedures are not in conflict with
this section.
(1) (A) The Department of Corrections shall, using reasonable
diligence to investigate, provide written notice to the prisoner.
The written notice shall be given within 15 days after the discovery
of information leading to charges that may result in a possible
denial of credit, except that if the prisoner has escaped, the notice
shall be given within 15 days of the prisoner's return to the
custody of the Director of Corrections. The written notice shall
include the specific charge, the date, the time, the place that the
alleged misbehavior took place, the evidence relied upon, a written
explanation of the procedures that will be employed at the
proceedings and the prisoner's rights at the hearing. The hearing
shall be conducted by an individual who shall be independent of the
case and shall take place within 30 days of the written notice.
(B) The Department of Corrections may delay written notice beyond
15 days when all of the following factors are true:
(i) An act of misconduct is involved which could be prosecuted as
murder, attempted murder, or assault on a prison employee, whether or
not prosecution is undertaken.
(ii) Further investigation is being undertaken for the purpose of
identifying other prisoners involved in the misconduct.
(iii) Within 15 days after the discovery of information leading to
charges that may result in a possible denial of credit, the
investigating officer makes a written request to delay notifying that
prisoner and states the reasons for the delay.
(iv) The warden of the institution approves of the delay in
writing.
The period of delay under this paragraph shall not exceed 30 days.
The prisoner's hearing shall take place within 30 days of the
written notice.
(2) The prisoner may elect to be assigned an employee to assist in
the investigation, preparation, or presentation of a defense at the
disciplinary hearing if it is determined by the department that: (i)
the prisoner is illiterate; or (ii) the complexity of the issues or
the prisoner's confinement status makes it unlikely that the prisoner
can collect and present the evidence necessary for an adequate
comprehension of the case.
(3) The prisoner may request witnesses to attend the hearing and
they shall be called unless the person conducting the hearing has
specific reasons to deny this request. The specific reasons shall be
set forth in writing and a copy of the document shall be presented
to the prisoner.
(4) The prisoner has the right, under the direction of the person
conducting the hearing, to question all witnesses.
(5) At the conclusion of the hearing the charge shall be dismissed
if the facts do not support the charge, or the prisoner may be found
guilty on the basis of a preponderance of the evidence.
(d) If found guilty the prisoner shall be advised in writing of
the guilty finding and the specific evidence relied upon to reach
this conclusion and the amount of time-credit loss. The prisoner may
appeal the decision through the Department of Corrections' review
procedure, and may, upon final notification of appeal denial, within
15 days of the notification demand review of the department's denial
of credit to the Board of Prison Terms, and the board may affirm,
reverse, or modify the department's decision or grant a hearing
before the board at which hearing the prisoner shall have the rights
specified in Section 3041.5.
(e) Each prisoner subject to Section 2931 shall be notified of the
total amount of good behavior and participation credit which may be
credited pursuant to Section 2931, and his or her anticipated
time-credit release date. The prisoner shall be notified of any
change in the anticipated release date due to denial or loss of
credits, award of worktime credit, under Section 2933, or the
restoration of any credits previously forfeited.
(f) If the conduct the prisoner is charged with also constitutes a
crime, the Department of Corrections may refer the case to criminal
authorities for possible prosecution. The department shall notify
the prisoner, who may request postponement of the disciplinary
proceedings pending the referral.
The prisoner may revoke his or her request for postponement of the
disciplinary proceedings up until the filing of the accusatory
pleading. In the event of the revocation of the request for
postponement of the proceeding, the department shall hold the hearing
within 30 days of the revocation.
Notwithstanding the notification requirements in this paragraph
and subparagraphs (A) and (B) of paragraph (1) of subdivision (c), in
the event the case is referred to criminal authorities for
prosecution and the authority requests that the prisoner not be
notified so as to protect the confidentiality of its investigation,
no notice to the prisoner shall be required until an accusatory
pleading is filed with the court, or the authority notifies the
warden, in writing, that it will not prosecute or it authorizes the
notification of the prisoner. The notice exceptions provided for in
this paragraph shall only apply if the criminal authority requests of
the warden, in writing, and within the 15 days provided in
subparagraph (A) of paragraph (1) of subdivision (c), that the
prisoner not be notified. Any period of delay of notice to the
prisoner shall not exceed 30 days beyond the 15 days referred to in
subdivision (c). In the event that no prosecution is undertaken, the
procedures in subdivision (c) shall apply, and the time periods set
forth in that subdivision shall commence to run from the date the
warden is notified in writing of the decision not to prosecute. In
the event the authority either cancels its requests that the prisoner
not be notified before it makes a decision on prosecution or files
an accusatory pleading, the provisions of this paragraph shall apply
as if no request had been received, beginning from the date of the
cancellation or filing.
In the case where the prisoner is prosecuted by the district
attorney, the Department of Corrections shall not deny time credit
where the prisoner is found not guilty and may deny credit if the
prisoner is found guilty, in which case the procedures in subdivision
(c) shall not apply.
(g) If time credit denial proceedings or criminal prosecution
prohibit the release of a prisoner who would have otherwise been
released, and the prisoner is found not guilty of the alleged
misconduct, the amount of time spent incarcerated, in excess of what
the period of incarceration would have been absent the alleged
misbehavior, shall be deducted from the prisoner's parole period.
(h) Nothing in the amendments to this section made at the 1981-82
Regular Session of the Legislature shall affect the granting or
revocation of credits attributable to that portion of the prisoner's
sentence served prior to January 1, 1983.



2932.5. A prisoner who is found by a trial court to be a vexatious
litigant as defined by Section 391 of the Code of Civil Procedure,
shall be denied or lose 30 days of work time credit awarded under
Section 2933.


2933. (a) It is the intent of the Legislature that persons
convicted of a crime and sentenced to the state prison under Section
1170 serve the entire sentence imposed by the court, except for a
reduction in the time served in the custody of the Director of
Corrections for performance in work, training or education programs
established by the Director of Corrections. Worktime credits shall
apply for performance in work assignments and performance in
elementary, high school, or vocational education programs.
Enrollment in a two- or four-year college program leading to a degree
shall result in the application of time credits equal to that
provided in Section 2931. For every six months of full-time
performance in a credit qualifying program, as designated by the
director, a prisoner shall be awarded worktime credit reductions from
his or her term of confinement of six months. A lesser amount of
credit based on this ratio shall be awarded for any lesser period of
continuous performance. Less than maximum credit should be awarded
pursuant to regulations adopted by the director for prisoners not
assigned to a full-time credit qualifying program. Every prisoner
who refuses to accept a full-time credit qualifying assignment or who
is denied the opportunity to earn worktime credits pursuant to
subdivision (a) of Section 2932 shall be awarded no worktime credit
reduction. Every prisoner who voluntarily accepts a half-time credit
qualifying assignment in lieu of a full-time assignment shall be
awarded worktime credit reductions from his or her term of
confinement of three months for each six-month period of continued
performance. Except as provided in subdivision (a) of Section 2932,
every prisoner willing to participate in a full-time credit
qualifying assignment but who is either not assigned to a full-time
assignment or is assigned to a program for less than full time, shall
receive no less credit than is provided under Section 2931. Under
no circumstances shall any prisoner receive more than six months'
credit reduction for any six-month period under this section.
(b) Worktime credit is a privilege, not a right. Worktime credit
must be earned and may be forfeited pursuant to the provisions of
Section 2932. Except as provided in subdivision (a) of Section 2932,
every prisoner shall have a reasonable opportunity to participate in
a full-time credit qualifying assignment in a manner consistent with
institutional security and available resources.
(c) Under regulations adopted by the Department of Corrections,
which shall require a period of not more than one year free of
disciplinary infractions, worktime credit which has been previously
forfeited may be restored by the director. The regulations shall
provide for separate classifications of serious disciplinary
infractions as they relate to restoration of credits, the time period
required before forfeited credits or a portion thereof may be
restored, and the percentage of forfeited credits that may be
restored for these time periods. For credits forfeited for
commission of a felony specified in paragraph (1) of subdivision (a)
of Section 2932, the Department of Corrections may provide that up to
180 days of lost credit shall not be restored and up to 90 days of
credit shall not be restored for a forfeiture resulting from
conspiracy or attempts to commit one of those acts. No credits may
be restored if they were forfeited for a serious disciplinary
infraction in which the victim died or was permanently disabled.
Upon application of the prisoner and following completion of the
required time period free of disciplinary offenses, forfeited credits
eligible for restoration under the regulations for disciplinary
offenses other than serious disciplinary infractions punishable by a
credit loss of more than 90 days shall be restored unless, at a
hearing, it is found that the prisoner refused to accept or failed to
perform in a credit qualifying assignment, or extraordinary
circumstances are present that require that credits not be restored.
"Extraordinary circumstances" shall be defined in the regulations
adopted by the director. However, in any case in which worktime
credit was forfeited for a serious disciplinary infraction punishable
by a credit loss of more than 90 days, restoration of credit shall
be at the discretion of the director.
The prisoner may appeal the finding through the Department of
Corrections review procedure, which shall include a review by an
individual independent of the institution who has supervisorial
authority over the institution.
(d) The provisions of subdivision (c) shall also apply in cases of
credit forfeited under Section 2931 for offenses and serious
disciplinary infractions occurring on or after January 1, 1983.




2933.1. (a) Notwithstanding any other law, any person who is
convicted of a felony offense listed in subdivision (c) of Section
667.5 shall accrue no more than 15 percent of worktime credit, as
defined in Section 2933.
(b) The 15-percent limitation provided in subdivision (a) shall
apply whether the defendant is sentenced under Chapter 4.5
(commencing with Section 1170) of Title 7 of Part 2 or sentenced
under some other law. However, nothing in subdivision (a) shall
affect the requirement of any statute that the defendant serve a
specified period of time prior to minimum parole eligibility, nor
shall any offender otherwise statutorily ineligible for credit be
eligible for credit pursuant to this section.
(c) Notwithstanding Section 4019 or any other provision of law,
the maximum credit that may be earned against a period of confinement
in, or commitment to, a county jail, industrial farm, or road camp,
or a city jail, industrial farm, or road camp, following arrest and
prior to placement in the custody of the Director of Corrections,
shall not exceed 15 percent of the actual period of confinement for
any person specified in subdivision (a).
(d) This section shall only apply to offenses listed in
subdivision (a) that are committed on or after the date on which this
section becomes operative.



2933.2. (a) Notwithstanding Section 2933.1 or any other law, any
person who is convicted of murder, as defined in Section 187, shall
not accrue any credit, as specified in Section 2933.
(b) The limitation provided in subdivision (a) shall apply whether
the defendant is sentenced under Chapter 4.5 (commencing with
Section 1170) of Title 7 of Part 2 or sentenced under some other law.

(c) Notwithstanding Section 4019 or any other provision of law, no
credit pursuant to Section 4019 may be earned against a period of
confinement in, or commitment to, a county jail, industrial farm, or
road camp, or a city jail, industrial farm, or road camp, following
arrest for any person specified in subdivision (a).
(d) This section shall only apply to murder that is committed on
or after the date on which this section becomes operative.



2933.3. Notwithstanding any other provision of law, any inmate
assigned to a conservation camp by the Department of Corrections who
is eligible to earn one day of worktime credit for every one day of
service pursuant to Section 2933 shall instead earn two days of
worktime credit for every one day of service. This enhanced worktime
credit shall only apply to service performed after January 1, 2003.




2933.4. (a) Notwithstanding any other provision of law, any inmate
under the custody of the Department of Corrections and Rehabilitation
who is not currently serving and has not served a prior
indeterminate sentence or a sentence for a violent felony, a serious
felony, or a crime that requires him or her to register as a ***
offender pursuant to Section 290, who has successfully completed an
inprison drug treatment program, upon release from state prison,
shall, whenever possible, be entered into a 150-day residential
aftercare drug treatment program sanctioned by the department.
(b) As a condition of parole, if the inmate successfully completes
150 days of residential aftercare treatment, as determined by the
Department of Corrections and Rehabilitation and the aftercare
provider, the parolee shall be discharged from parole supervision at
that time.
(c) Commencing with 2008, the department shall report annually to
the Joint Legislative Budget Committee and the State Auditor on the
effectiveness of these provisions, including recidivism rates.



2933.5. (a) (1) Notwithstanding any other provision of law, every
person who is convicted of any felony offense listed in paragraph
(2), and who previously has been convicted two or more times, on
charges separately brought and tried, and who previously has served
two or more separate prior prison terms, as defined in subdivision
(g) of Section 667.5, of any offense or offenses listed in paragraph
(2), shall be ineligible to earn credit on his or her term of
imprisonment pursuant to this chapter.
(2) As used in this subdivision, "felony offense" includes any of
the following:
(A) Murder, as defined in Sections 187 and 189.
(B) Voluntary manslaughter, as defined in subdivision (a) of
Section 192.
(C) Mayhem as defined in Section 203.
(D) Aggravated mayhem, as defined in Section 205.
(E) Kidnapping, as defined in Section 207, 209, or 209.5.
(F) Assault with vitriol, corrosive acid, or caustic chemical of
any nature, as described in Section 244.
(G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(H) Sodomy by means of force, violence, duress, menace or fear of
immediate and unlawful bodily injury on the victim or another person,
as described in subdivision (c) of Section 286.
(I) Sodomy while voluntarily acting in concert, as described in
subdivision (d) of Section 286.
(J) Lewd or lascivious acts on a child under the age of 14 years,
as described in subdivision (b) of Section 288.
(K) Oral copulation by means of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person, as described in subdivision (c) of Section 288a.
(L) Continuous ***ual abuse of a child, as described in Section
288.5.
(M) ***ual penetration, as described in subdivision (a) of Section
289.
(N) Exploding a destructive device or explosive with intent to
injure, as described in Section 12303.3, with intent to murder, as
described in Section 12308, or resulting in great bodily injury or
mayhem, as described in Section 12309.
(O) Any felony in which the defendant personally inflicted great
bodily injury, as provided in Section 12022.53 or 12022.7.
(b) A prior conviction of an offense listed in subdivision (a)
shall include a conviction in another jurisdiction for an offense
which includes all of the elements of the particular felony as
defined under California law.
(c) This section shall apply whenever the present felony is
committed on or after the effective date of this section, regardless
of the date of commission of the prior offense or offenses resulting
in credit-earning ineligibility.
(d) This section shall be in addition to, and shall not preclude
the imposition of, any applicable sentence enhancement terms, or
probation ineligibility and habitual offender provisions authorized
under any other section.


2933.6. (a) Notwithstanding any other law, a person who is placed
in a Security Housing Unit or an Administrative Segregation Unit for
misconduct described in subdivision (b) is ineligible to earn work
credits or good behavior credits during the time he or she is in the
Security Housing Unit or the Administrative Segregation Unit for that
misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than
a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive
device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to
burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible *** act.
(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
(c) This section does not apply if the administrative finding of
the misconduct is overturned or if the person is criminally
prosecuted for the misconduct and is found not guilty.



2934. Under rules prescribed by the Director of Corrections, a
prisoner subject to the provisions of Section 2931 may waive the
right to receive time credits as provided in Section 2931 and be
subject to the provisions of Section 2933. In order to exercise a
waiver under this section, a prisoner must apply in writing to the
Department of Corrections. A prisoner exercising a waiver under this
section shall retain only that portion of good behavior and
participation credits, which have not been forfeited pursuant to
Section 2932, attributable to the portion of the sentence served by
the prisoner prior to the effective date of the waiver. A waiver
under this section shall, if accepted by the department, become
effective at a time to be determined by the Director of the
Department of Corrections.



2935. Under the guidelines prescribed by the rules and regulations
of the director, the Director of Corrections may grant up to 12
additional months of reduction of the sentence to a prisoner who has
performed a heroic act in a life-threatening situation, or who has
provided exceptional assistance in maintaining the safety and
security of a prison.

Blacklist or Extortion of Discharged Prisoner

2947. Any person who knowingly and willfully communicates to
another, either orally or in writing, any statement concerning any
person then or theretofore convicted of a felony, and then finally
discharged, and which communication is made with the purpose and
intent to deprive such person so convicted of employment, or to
prevent him from procuring the same, or with the purpose and intent
to extort from him any money or article of value; and any person who
threatens to make any such communication with the purpose and intent
to extort money or any article of value from such person so convicted
of a felony is guilty of a misdemeanor.
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Disposition of Mentally Disordered Prisoners Upon
Discharge

2960. The Legislature finds that there are prisoners who have a
treatable, severe mental disorder that was one of the causes of, or
was an aggravating factor in the commission of the crime for which
they were incarcerated. Secondly, the Legislature finds that if the
severe mental disorders of those prisoners are not in remission or
cannot be kept in remission at the time of their parole or upon
termination of parole, there is a danger to society, and the state
has a compelling interest in protecting the public. Thirdly, the
Legislature finds that in order to protect the public from those
persons it is necessary to provide mental health treatment until the
severe mental disorder which was one of the causes of or was an
aggravating factor in the person's prior criminal behavior is in
remission and can be kept in remission.
The Legislature further finds and declares the Department of
Corrections should evaluate each prisoner for severe mental disorders
during the first year of the prisoner's sentence, and that severely
mentally disordered prisoners should be provided with an appropriate
level of mental health treatment while in prison and when returned to
the community.


2962. As a condition of parole, a prisoner who meets the following
criteria shall be required to be treated by the State Department of
Mental Health, and the State Department of Mental Health shall
provide the necessary treatment:
(a) The prisoner has a severe mental disorder that is not in
remission or cannot be kept in remission without treatment.
The term "severe mental disorder" means an illness or disease or
condition that substantially impairs the person's thought, perception
of reality, emotional process, or judgment; or which grossly impairs
behavior; or that demonstrates evidence of an acute brain syndrome
for which prompt remission, in the absence of treatment, is unlikely.
The term "severe mental disorder" as used in this section does not
include a personality or adjustment disorder, epilepsy, mental
retardation or other developmental disabilities, or addiction to or
abuse of intoxicating substances.
The term "remission" means a finding that the overt signs and
symptoms of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support. A person "cannot be
kept in remission without treatment" if during the year prior to the
question being before the Board of Prison Terms or a trial court, he
or she has been in remission and he or she has been physically
violent, except in self-defense, or he or she has made a serious
threat of substantial physical harm upon the person of another so as
to cause the target of the threat to reasonably fear for his or her
safety or the safety of his or her immediate family, or he or she has
intentionally caused property damage, or he or she has not
voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be
whether the person has acted as a reasonable person would in
following the treatment plan.
(b) The severe mental disorder was one of the causes of or was an
aggravating factor in the commission of a crime for which the
prisoner was sentenced to prison.
(c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the prisoner's
parole or release.
(d) (1) Prior to release on parole, the person in charge of
treating the prisoner and a practicing psychiatrist or psychologist
from the State Department of Mental Health have evaluated the
prisoner at a facility of the Department of Corrections, and a chief
psychiatrist of the Department of Corrections has certified to the
Board of Prison Terms that the prisoner has a severe mental disorder,
that the disorder is not in remission, or cannot be kept in
remission without treatment, that the severe mental disorder was one
of the causes or was an aggravating factor in the prisoner's criminal
behavior, that the prisoner has been in treatment for the severe
mental disorder for 90 days or more within the year prior to his or
her parole release day, and that by reason of his or her severe
mental disorder the prisoner represents a substantial danger of
physical harm to others. For prisoners being treated by the State
Department of Mental Health pursuant to Section 2684, the
certification shall be by a chief psychiatrist of the Department of
Corrections, and the evaluation shall be done at a state hospital by
the person at the state hospital in charge of treating the prisoner
and a practicing psychiatrist or psychologist from the Department of
Corrections.
(2) If the professionals doing the evaluation pursuant to
paragraph (1) do not concur that (A) the prisoner has a severe mental
disorder, (B) that the disorder is not in remission or cannot be
kept in remission without treatment, or (C) that the severe mental
disorder was a cause of, or aggravated, the prisoner's criminal
behavior, and a chief psychiatrist has certified the prisoner to the
Board of Prison Terms pursuant to this paragraph, then the Board of
Prison Terms shall order a further examination by two independent
professionals, as provided for in Section 2978.
(3) Only if both independent professionals who evaluate the
prisoner pursuant to paragraph (2) concur with the chief psychiatrist'
s certification of the issues described in paragraph (2), shall this
subdivision be applicable to the prisoner. The professionals
appointed pursuant to Section 2978 shall inform the prisoner that the
purpose of their examination is not treatment but to determine if
the prisoner meets certain criteria to be involuntarily treated as a
mentally disordered offender. It is not required that the prisoner
appreciate or understand that information.
(e) The crime referred to in subdivision (b) meets both of the
following criteria:
(1) The defendant received a determinate sentence pursuant to
Section 1170 for the crime.
(2) The crime is one of the following:
(A) Voluntary manslaughter.
(B) Mayhem.
(C) Kidnapping in violation of Section 207.
(D) Any robbery wherein it was charged and proved that the
defendant personally used a deadly or dangerous weapon, as provided
in subdivision (b) of Section 12022, in the commission of that
robbery.
(E) Carjacking, as defined in subdivision (a) of Section 215, if
it is charged and proved that the defendant personally used a deadly
or dangerous weapon, as provided in subdivision (b) of Section 12022,
in the commission of the carjacking.
(F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
(G) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

(H) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
(I) Lewd acts on a child under the age of 14 years in violation of
Section 288.
(J) Continuous ***ual abuse in violation of Section 288.5.
(K) The offense described in subdivision (a) of Section 289 where
the act was accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
(L) Arson in violation of subdivision (a) of Section 451, or arson
in violation of any other provision of Section 451 or in violation
of Section 455 where the act posed a substantial danger of physical
harm to others.
(M) Any felony in which the defendant used a firearm which use was
charged and proved as provided in Section 12022.5, 12022.53, or
12022.55.
(N) A violation of Section 12308.
(O) Attempted murder.
(P) A crime not enumerated in subparagraphs (A) to (O), inclusive,
in which the prisoner used force or violence, or caused serious
bodily injury as defined in paragraph (4) of subdivision (f) of
Section 243.
(Q) A crime in which the perpetrator expressly or impliedly
threatened another with the use of force or violence likely to
produce substantial physical harm in such a manner that a reasonable
person would believe and expect that the force or violence would be
used. For purposes of this subparagraph, substantial physical harm
shall not require proof that the threatened act was likely to cause
great or serious bodily injury.
(f) As used in this chapter, "substantial danger of physical harm"
does not require proof of a recent overt act.



2964. (a) The treatment required by Section 2962 shall be inpatient
unless the State Department of Mental Health certifies to the Board
of Prison Terms that there is reasonable cause to believe the
parolee can be safely and effectively treated on an outpatient basis,
in which case the Board of Prison Terms shall permit the State
Department of Mental Health to place the parolee in an outpatient
treatment program specified by the State Department of Mental Health.
Any prisoner who is to be required to accept treatment pursuant to
Section 2962 shall be informed in writing of his or her right to
request a hearing pursuant to Section 2966. Prior to placing a
parolee in a local outpatient program, the State Department of Mental
Health shall consult with the local outpatient program as to the
appropriate treatment plan. Notwithstanding any other law, a parolee
ordered to have outpatient treatment pursuant to this section may be
placed in an outpatient treatment program used to provide outpatient
treatment under Title 15 (commencing with Section 1600) of Part 2,
but the procedural provisions of Title 15 shall not apply. The
community program director or a designee of an outpatient program
used to provide treatment under Title 15 in which a parolee is
placed, may place the parolee, or cause the parolee to be placed, in
a secure mental health facility if the parolee can no longer be
safely or effectively treated in the outpatient program, and until
the parolee can be safely and effectively treated in the program.
Upon the request of the community program director or a designee, a
peace officer shall take the parolee into custody and transport the
parolee, or cause the parolee to be taken into custody and
transported, to a facility designated by the community program
director, or a designee, for confinement under this section. Within
15 days after placement in a secure facility the State Department of
Mental Health shall conduct a hearing on whether the parolee can be
safely and effectively treated in the program unless the patient or
the patient's attorney agrees to a continuance, or unless good cause
exists that prevents the State Department of Mental Health from
conducting the hearing within that period of time. If good cause
exists, the hearing shall be held within 21 days after placement in
a secure facility. For purposes of this section, "good cause" means
the inability to secure counsel, an interpreter, or witnesses for the
hearing within the 15-day time period. Before deciding to seek
revocation of the parole of a parolee receiving mental health
treatment pursuant to Section 2962, and return him or her to prison,
the parole officer shall consult with the director of the parolee's
outpatient program. Nothing in this section shall prevent
hospitalization pursuant to Section 5150, 5250, or 5353 of the
Welfare and Institutions Code.
(b) If the State Department of Mental Health has not placed a
parolee on outpatient treatment within 60 days after receiving
custody of the parolee or after parole is continued pursuant to
Section 3001, the parolee may request a hearing before the Board of
Prison Terms, and the board shall conduct a hearing to determine
whether the prisoner shall be treated as an inpatient or an
outpatient. At the hearing, the burden shall be on the State
Department of Mental Health to establish that the prisoner requires
inpatient treatment as described in this subdivision. If the
prisoner or any person appearing on his or her behalf at the hearing
requests it, the board shall appoint two independent professionals as
provided for in Section 2978.



2966. (a) A prisoner may request a hearing before the Board of
Prison Terms, and the board shall conduct a hearing if so requested,
for the purpose of proving that the prisoner meets the criteria in
Section 2962. At the hearing, the burden of proof shall be on the
person or agency who certified the prisoner under subdivision (d) of
Section 2962. If the prisoner or any person appearing on his or her
behalf at the hearing requests it, the board shall appoint two
independent professionals as provided for in Section 2978. The
prisoner shall be informed at the hearing of his or her right to
request a trial pursuant to subdivision (b). The Board of Prison
Terms shall provide a prisoner who requests a trial, a petition form
and instructions for filing the petition.
(b) A prisoner who disagrees with the determination of the Board
of Prison Terms that he or she meets the criteria of Section 2962,
may file in the superior court of the county in which he or she is
incarcerated or is being treated a petition for a hearing on whether
he or she, as of the date of the Board of Prison Terms hearing, met
the criteria of Section 2962. The court shall conduct a hearing on
the petition within 60 calendar days after the petition is filed,
unless either time is waived by the petitioner or his or her counsel,
or good cause is shown. Evidence offered for the purpose of
proving the prisoner's behavior or mental status subsequent to the
Board of Prison Terms hearing shall not be considered. The order of
the Board of Prison Terms shall be in effect until the completion of
the court proceedings. The court shall advise the petitioner of his
or her right to be represented by an attorney and of the right to a
jury trial. The attorney for the petitioner shall be given a copy of
the petition, and any supporting documents. The hearing shall be a
civil hearing; however, in order to reduce costs, the rules of
criminal discovery, as well as civil discovery, shall be applicable.
The standard of proof shall be beyond a reasonable doubt, and if the
trial is by jury, the jury shall be unanimous in its verdict. The
trial shall be by jury unless waived by both the person and the
district attorney. The court may, upon stipulation of both parties,
receive in evidence the affidavit or declaration of any psychiatrist,
psychologist, or other professional person who was involved in the
certification and hearing process, or any professional person
involved in the evaluation or treatment of the petitioner during the
certification process. The court may allow the affidavit or
declaration to be read and the contents thereof considered in the
rendering of a decision or verdict in any proceeding held pursuant to
subdivision (b) or (c), or subdivision (a) of Section 2972. If the
court or jury reverses the determination of the Board of Prison
Terms, the court shall stay the execution of the decision for five
working days to allow for an orderly release of the prisoner.
(c) If the Board of Prison Terms continues a parolee's mental
health treatment under Section 2962 when it continues the parolee's
parole under Section 3001, the procedures of this section shall only
be applicable for the purpose of determining if the parolee has a
severe mental disorder, whether the parolee's severe mental disorder
is not in remission or cannot be kept in remission without treatment,
and whether by reason of his or her severe mental disorder, the
parolee represents a substantial danger of physical harm to others.




2968. If the prisoner's severe mental disorder is put into
remission during the parole period, and can be kept in remission, the
Director of Mental Health shall notify the Board of Prison Terms and
the State Department of Mental Health shall discontinue treating the
parolee.



2970. Not later than 180 days prior to the termination of parole,
or release from prison if the prisoner refused to agree to treatment
as a condition of parole as required by Section 2962, unless good
cause is shown for the reduction of that 180-day period, if the
prisoner's severe mental disorder is not in remission or cannot be
kept in remission without treatment, the medical director of the
state hospital which is treating the parolee, or the community
program director in charge of the parolee's outpatient program, or
the Director of Corrections, shall submit to the district attorney of
the county in which the parolee is receiving outpatient treatment,
or for those in prison or in a state mental hospital, the district
attorney of the county of commitment, his or her written evaluation
on remission. If requested by the district attorney, the written
evaluation shall be accompanied by supporting affidavits.
The district attorney may then file a petition with the superior
court for continued involuntary treatment for one year. The petition
shall be accompanied by affidavits specifying that treatment, while
the prisoner was released from prison on parole, has been
continuously provided by the State Department of Mental Health either
in a state hospital or in an outpatient program. The petition shall
also specify that the prisoner has a severe mental disorder, that
the severe mental disorder is not in remission or cannot be kept in
remission if the person's treatment is not continued, and that, by
reason of his or her severe mental disorder, the prisoner represents
a substantial danger of physical harm to others.



2972. (a) The court shall conduct a hearing on the petition under
Section 2970 for continued treatment. The court shall advise the
person of his or her right to be represented by an attorney and of
the right to a jury trial. The attorney for the person shall be
given a copy of the petition, and any supporting documents. The
hearing shall be a civil hearing, however, in order to reduce costs
the rules of criminal discovery, as well as civil discovery, shall be
applicable.
The standard of proof under this section shall be proof beyond a
reasonable doubt, and if the trial is by jury, the jury shall be
unanimous in its verdict. The trial shall be by jury unless waived
by both the person and the district attorney. The trial shall
commence no later than 30 calendar days prior to the time the person
would otherwise have been released, unless the time is waived by the
person or unless good cause is shown.
(b) The people shall be represented by the district attorney. If
the person is indigent, the county public defender shall be
appointed.
(c) If the court or jury finds that the patient has a severe
mental disorder, that the patient's severe mental disorder is not in
remission or cannot be kept in remission without treatment, and that
by reason of his or her severe mental disorder, the patient
represents a substantial danger of physical harm to others, the court
shall order the patient recommitted to the facility in which the
patient was confined at the time the petition was filed, or
recommitted to the outpatient program in which he or she was being
treated at the time the petition was filed, or committed to the State
Department of Mental Health if the person was in prison. The
commitment shall be for a period of one year from the date of
termination of parole or a previous commitment or the scheduled date
of release from prison as specified in Section 2970. Time spent on
outpatient status, except when placed in a locked facility at the
direction of the outpatient supervisor, shall not count as actual
custody and shall not be credited toward the person's maximum term of
commitment or toward the person's term of extended commitment.
(d) A person shall be released on outpatient status if the
committing court finds that there is reasonable cause to believe that
the committed person can be safely and effectively treated on an
outpatient basis. Except as provided in this subdivision, the
provisions of Title 15 (commencing with Section 1600) of Part 2,
shall apply to persons placed on outpatient status pursuant to this
paragraph. The standard for revocation under Section 1609 shall be
that the person cannot be safely and effectively treated on an
outpatient basis.
(e) Prior to the termination of a commitment under this section, a
petition for recommitment may be filed to determine whether the
patient's severe mental disorder is not in remission or cannot be
kept in remission without treatment, and whether by reason of his or
her severe mental disorder, the patient represents a substantial
danger of physical harm to others. The recommitment proceeding shall
be conducted in accordance with the provisions of this section.
(f) Any commitment under this article places an affirmative
obligation on the treatment facility to provide treatment for the
underlying causes of the person's mental disorder.
(g) Except as provided in this subdivision, the person committed
shall be considered to be an involuntary mental health patient and he
or she shall be entitled to those rights set forth in Article 7
(commencing with Section 5325) of Chapter 2 of Part 1 of Division 5
of the Welfare and Institutions Code. Commencing January 1, 1986,
the State Department of Mental Health may adopt regulations to modify
those rights as is necessary in order to provide for the reasonable
security of the inpatient facility in which the patient is being
held. This subdivision and the regulations adopted pursuant thereto
shall become operative on January 1, 1987, except that regulations
may be adopted prior to that date.



2972.1. (a) Outpatient status for persons committed pursuant to
Section 2972 shall be for a period not to exceed one year. Pursuant
to Section 1606, at the end of a period of outpatient status approved
by the court, the court shall, after actual notice to the
prosecutor, the defense attorney, the community program director or a
designee, the medical director of the facility that is treating the
person, and the person on outpatient status, and after a hearing in
court, either discharge the person from commitment under appropriate
provisions of law, order the person confined to a treatment facility,
or renew its approval of outpatient status.
(b) Prior to the hearing described in subdivision (a), the
community program director or a designee shall furnish a report and
recommendation to the court, the prosecution, the defense attorney,
the medical director of the facility that is treating the person, and
the person on outpatient status. If the recommendation is that the
person continue on outpatient status or be confined to a treatment
facility, the report shall also contain a statement that conforms
with requirements of subdivision (c).
(c) (1) Upon receipt of a report prepared pursuant to Section 1606
that recommends confinement or continued outpatient treatment, the
court shall direct prior defense counsel, or, if necessary, appoint
new defense counsel, to meet and confer with the person who is on
outpatient status and explain the recommendation contained therein.
Following this meeting, both defense counsel and the person on
outpatient status shall sign and return to the court a form which
shall read as follows:
"Check One:
"____ I do not believe that I need further treatment and I demand a
jury trial to decide this question.
"___ I accept the recommendation that I continue treatment."

(2) The signed form shall be returned to the court at least 10
days prior to the hearing described in subdivision (a). If the
person on outpatient status refuses or is unable to sign the form,
his or her counsel shall indicate, in writing, that the form and the
report prepared pursuant to Section 1606 were explained to the person
and the person refused or was unable to sign the form.
(d) If the person on outpatient status either requests a jury
trial or fails to waive his or her right to a jury trial, a jury
trial meeting all of the requirements of Section 2972 shall be set
within 60 days of the initial hearing.
(e) The trier of fact, or the court if trial is waived, shall
determine whether or not the requirements of subdivisions (c) and (d)
of Section 2972 have been met. The court shall then make an
appropriate disposition under subdivision (a) of this section.
(f) The court shall notify the community program director or a
designee, the person on outpatient status, and the medical director
or person in charge of the facility providing treatment of the person
whether or not the person was found suitable for release.



2974. Before releasing any inmate or terminating supervision of any
parolee who is a danger to self or others, or gravely disabled as a
result of mental disorder, and who does not come within the
provisions of Section 2962, the Director of Corrections may, upon
probable cause, place, or cause to be placed, the person in a state
hospital pursuant to the Lanterman-Petris-Short Act, Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code.


2976. (a) The cost of inpatient or outpatient treatment under
Section 2962 or 2972 shall be a state expense while the person is
under the jurisdiction of the Department of Corrections or the State
Department of Mental Health.
(b) Any person placed outside of a facility of the Department of
Corrections for the purposes of inpatient treatment under this
article shall not be deemed to be released from imprisonment or from
the custody of the Department of Corrections prior to the expiration
of the maximum term of imprisonment of the person.



2978. (a) Any independent professionals appointed by the Board of
Prison Terms for purposes of this article shall not be state
government employees; shall have at least five years of experience in
the diagnosis and treatment of mental disorders; and shall include
psychiatrists, and licensed psychologists who have a doctoral degree
in psychology.
(b) On July 1 of each year the Department of Corrections and the
State Department of Mental Health shall submit to the Board of Prison
Terms a list of 20 or more independent professionals on which both
departments concur. The professionals shall not be state government
employees and shall have at least five years of experience in the
diagnosis and treatment of mental disorders and shall include
psychiatrists and licensed psychologists who have a doctoral degree
in psychology. For purposes of this article, when the Board of
Prison Terms receives the list, they shall only appoint independent
professionals from the list. The list shall not be binding on the
Board of Prison Terms until they have received it, and shall not be
binding after June 30 following receipt of the list.



2980. This article applies to persons who committed their crimes on
and after January 1, 1986.



2981. For the purpose of proving the fact that a prisoner has
received 90 days or more of treatment within the year prior to the
prisoner's parole or release, the records or copies of records of any
state penitentiary, county jail, federal penitentiary, or state
hospital in which that person has been confined, when the records or
copies thereof have been certified by the official custodian of those
records, may be admitted as evidence.
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LENGTH OF TERM OF IMPRISONMENT AND PAROLES
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 and Rehabilitation 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 Parole Hearings
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) The parole period of any person found to be a ***ually violent
predator shall be tolled until that person is found to no longer be
a ***ually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
(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 10 years.
(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
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, the period of parole is subject to the
following:
(A) 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 a period longer than four years from the date of
his or her initial parole.
(B) 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.
(C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
(6) The Department of Corrections and Rehabilitation 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 and
Rehabilitation or the Board of Parole Hearings 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 Parole Hearings
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 Parole Hearings, 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 Section 290.011 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.



3000.07. (a) Every inmate who has been convicted for any felony
violation of a "registerable *** offense" described in subdivision
(c) of Section 290 or any attempt to commit any of the
above-mentioned offenses and who is committed to prison and released
on parole pursuant to Section 3000 or 3000.1 shall be monitored by a
global positioning system for the term of his or her parole, or for
the duration or any remaining part thereof, whichever period of time
is less.
(b) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring. No inmate shall be denied parole on
the basis of his or her inability to pay for those monitoring costs.



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) 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, 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) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years since release from confinement, 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.
(d) 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.
(e) 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 Parole Hearings 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 and Rehabilitation 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 and Rehabilitation, 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 and Rehabilitation 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) ***, 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, ***, 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, and
paragraph (16) 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 Parole Hearings or the Department of
Corrections and Rehabilitation finds that there is a need to protect
the life, safety, or well-being of a victim or witness.
(g) 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 Parole Hearings or the Department of Corrections and
Rehabilitation 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 and Rehabilitation 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. (a) 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.
(b) Notwithstanding any other provision of law, it is unlawful for
any person for whom registration is required pursuant to Section 290
to reside within 2000 feet of any public or private school, or park
where children regularly gather.
(c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290.



3004. (a) 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.
(b) Every inmate who has been convicted for any felony violation
of a "registerable *** offense" described in subdivision (c) of
Section 290 or any attempt to commit any of the above-mentioned
offenses and who is committed to prison and released on parole
pursuant to Section 3000 or 3000.1 shall be monitored by a global
positioning system for life.
(c) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring.



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 ***
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 *** 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.



3007. The Department of Corrections and Rehabilitation shall
require a research component for any *** offender treatment contract
funded by the department. The research component shall enable the
department's research unit or an independent contractor to evaluate
the effectiveness of each contract on reducing the rate of recidivism
of the participants in the program funded by a contract. The
research findings shall be compiled annually in a report due to the
Legislature January 10 of each year.
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Intensive Parole Supervision of *** Offenders

3008. (a) The Department of Corrections and Rehabilitation shall
ensure that all parolees under active supervision who are deemed to
pose a high risk to the public of committing *** crimes, as
determined by the State-Authorized Risk Assessment Tool for ***
Offenders (SARATSO), as set forth in Sections 290.04 to 290.06,
inclusive, are placed on intensive and specialized parole supervision
and are required to report frequently to designated parole officers.
The department may place any other parolee convicted of an offense
that requires him or her to register as a *** offender pursuant to
Section 290 who is on active supervision on intensive and specialized
supervision and require him or her to report frequently to
designated parole officers.
(b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of ***
offenders.
(c) The department shall develop control and containment
programming for *** offenders who have been deemed to pose a high
risk to the public of committing a *** crime, as determined by the
SARATSO, and shall require participation in appropriate programming
as a condition of parole.

Electronic Monitoring


3010. (a) Notwithstanding any other provisions of law, the
Department of Corrections and Rehabilitation may utilize continuous
electronic monitoring to electronically monitor the whereabouts of
persons on parole, as provided by this article.
(b) Any use of continuous electronic monitoring pursuant to this
article shall have as its primary objective the enhancement of public
safety through the reduction in the number of people being
victimized by crimes committed by persons on parole.
(c) It is the intent of the Legislature in enacting this article
to specifically expand the authority of the department acting
pursuant to this article to utilize a system of continuous electronic
monitoring that conforms with the requirements of this article.
(d) (1) For purposes of this article, "continuous electronic
monitoring" may include the use of worldwide radio navigation system
technology, known as the Global Positioning System, or GPS. The
Legislature finds that because of its capability for continuous
surveillance, continuous electronic monitoring has been used in other
parts of the country to monitor persons on parole who are identified
as requiring a high level of supervision.
(2) For purposes of this article, "department" means the
Department of Corrections and Rehabilitation.
(e) The Legislature finds that continuous electronic monitoring
has proven to be an effective risk management tool for supervising
high-risk persons on parole who are likely to reoffend where
prevention and knowledge of their whereabouts is a high priority for
maintaining public safety.



3010.1. The department may utilize a continuous electronic
monitoring device, as distinguished from an electronic monitoring
device as described in Section 3004, pursuant to this section that
has all of the following attributes:
(a) A device designed to be worn by a human being.
(b) A device that emits a signal as a person is moving or is
stationary. The signal shall be capable of being received and tracked
across large urban or rural areas, statewide, and being received
from within structures, vehicles, and other objects to the degree
technically feasible in light of the associated costs, design, and
other considerations as are determined relevant by the department.
(c) A device that functions 24 hours a day.
(d) A device that is resistant or impervious to unintentional or
willful damage.



3010.2. (a) A continuous electronic monitoring system may have the
capacity to immediately notify the department of violations, actual
or suspected, of the terms of parole that have been identified by the
monitoring system if the requirement is deemed necessary by the
parole officer with respect to an individual person.
(b) This information, including geographic location and tampering,
may be used as evidence to prove a violation of the terms of parole.



3010.3. The department shall establish the following standards as
are necessary to enhance public safety:
(a) Standards for the minimum time interval between transmissions
of information about the location of the person under supervision.
The standards shall be established after an evaluation of, at a
minimum, all of the following:
(1) The resources of the department.
(2) The criminal history of the person under supervision.
(3) The safety of the victim of the persons under supervision.
(b) Standards for the accuracy of the information identifying the
location of the person under supervision. The standards shall be
established after consideration of, at a minimum, all of the
following:
(1) The need to identify the location of a person proximate to the
location of a crime, including a violation of parole.
(2) Resources of the department.
(3) The need to avoid false indications of proximity to crimes.



3010.4. (a) The department, operating a system of continuous
electronic monitoring pursuant to this section, shall establish
prohibitions against unauthorized access to, and use of, information
by private or public entities as may be deemed appropriate.
Unauthorized access to, and use of, electronic signals includes
signals transmitted in any fashion by equipment utilized for
continuous electronic monitoring.
(b) Devices used pursuant to this article shall not be used to
eavesdrop or record any conversation, except a conversation between
the participant and the person supervising the participant that is to
be used solely for the purposes of voice identification.



3010.5. (a) The department shall have the sole discretion to decide
which persons shall be supervised using continuous electronic
monitoring administered by the department. No individual shall be
required to participate in continuous electronic monitoring
authorized by this article for any period of time longer than the
term of parole.
(b) The department shall establish written guidelines that
identify those persons on parole subject to continuous electronic
monitoring authorized by this article. These guidelines shall include
the need for enhancing monitoring in comparison to other persons not
subject to the enhanced monitoring and the public safety needs that
will be served by the enhanced monitoring.


3010.6. A parole officer may revoke, in his or her discretion, the
continuous monitoring of any individual.



3010.7. Whenever a parole officer supervising an individual has
reasonable cause to believe that the individual is not complying with
the rules or conditions set forth for the use of continuous
electronic monitoring as a supervision tool, the officer supervising
the individual may, without a warrant of arrest, take the individual
into custody for a violation of parole.



3010.8. (a) The department may charge persons on parole for the
costs of any form of supervision that utilizes continuous electronic
monitoring devices that monitor the whereabouts of the person
pursuant to this article. Inability to pay all or a portion of the
costs of continuous electronic monitoring authorized by this article
shall not preclude use of continuous electronic monitoring and
eligibility for parole shall not be enhanced by reason of ability to
pay.
(b) Any person released on parole pursuant to subdivision (a) may
be required to pay for that monitoring upon a finding of the ability
to pay those costs. However, the department shall waive any or all of
that payment upon a finding of an inability to pay. The department
shall consider any remaining amounts the person has been ordered to
pay in fines, assessments and restitution fines, fees, and orders,
and shall give priority to the payment of those items before
requiring that the person pay for the continuous electronic
monitoring.


3010.9. It is the intent of the Legislature that continuous
electronic monitoring established pursuant to this article maintain
the highest public confidence, credibility, and public safety. In the
furtherance of these standards, the following shall apply:
(a) The department may administer continuous electronic monitoring
pursuant to written contracts and appropriate public or private
agencies or entities to provide specified supervision services. No
public or private agency or entity may operate a continuous
electronic monitoring system as authorized by this section without a
written contract with the department. No public or private agency or
entity entering into a contract may itself employ any person who is a
participant in continuous electronic monitoring surveillance.
(b) The department shall comply with Section 1090 of the
Government Code in the consideration, making, and execution of
contracts pursuant to this section.

Interdisciplinary Assessment of Inmates

3020. The Department of Corrections and Rehabilitation shall
conduct assessments of all inmates that include, but are not limited
to, data regarding the inmate's history of substance abuse, medical
and mental health, education, family background, criminal activity,
and social functioning. The assessments shall be used to place
inmates in programs that will aid in their reentry to society and
that will most likely reduce the inmate's chances of reoffending.

Discharge Upon Completion of Term

3040. The Board of Prison Terms shall have the power to allow
prisoners imprisoned in the state prisons pursuant to subdivision (b)
of Section 1168 to go upon parole outside the prison walls and
enclosures. The board may parole prisoners in the state prisons to
camps for paroled prisoners established under Section 2792.




3041. (a) In the case of any inmate sentenced pursuant to any
provision of law, other than Chapter 4.5 (commencing with Section
1170) of Title 7 of Part 2, the Board of Parole Hearings shall meet
with each inmate during the third year of incarceration for the
purposes of reviewing the inmate's file, making recommendations, and
documenting activities and conduct pertinent to granting or
withholding postconviction credit. One year prior to the inmate's
minimum eligible parole release date a panel of two or more
commissioners or deputy commissioners shall again meet with the
inmate and shall normally set a parole release date as provided in
Section 3041.5. No more than one member of the panel shall be a
deputy commissioner. In the event of a tie vote, the matter shall be
referred for an en banc hearing by the board. The release date shall
be set in a manner that will provide uniform terms for offenses of
similar gravity and magnitude in respect to their threat to the
public, and that will comply with the sentencing rules that the
Judicial Council may issue and any sentencing information relevant to
the setting of parole release dates. The board shall establish
criteria for the setting of parole release dates and in doing so
shall consider the number of victims of the crime for which the
inmate was sentenced and other factors in mitigation or aggravation
of the crime. At least one commissioner of the panel shall have been
present at the last preceding meeting, unless it is not feasible to
do so or where the last preceding meeting was the initial meeting.
Any person on the hearing panel may request review of any decision
regarding parole for an en banc hearing by the board. In case of a
review, a majority vote in favor of parole by the board members
participating in an en banc hearing is required to grant parole to
any inmate.
(b) The panel or the board, sitting en banc, shall set a release
date unless it determines that the gravity of the current convicted
offense or offenses, or the timing and gravity of current or past
convicted offense or offenses, is such that consideration of the
public safety requires a more lengthy period of incarceration for
this individual, and that a parole date, therefore, cannot be fixed
at this meeting. After the effective date of this subdivision, any
decision of the parole panel finding an inmate suitable for parole
shall become final within 120 days of the date of the hearing. During
that period, the board may review the panel's decision. The panel's
decision shall become final pursuant to this subdivision unless the
board finds that the panel made an error of law, or that the panel's
decision was based on an error of fact, or that new information
should be presented to the board, any of which when corrected or
considered by the board has a substantial likelihood of resulting in
a substantially different decision upon a rehearing. In making this
determination, the board shall consult with the commissioners who
conducted the parole consideration hearing. No decision of the parole
panel shall be disapproved and referred for rehearing except by a
majority vote of the board, sitting en banc, following a public
hearing.
(c) For the purpose of reviewing the suitability for parole of
those inmates eligible for parole under prior law at a date earlier
than that calculated under Section 1170.2, the board shall appoint
panels of at least two persons to meet annually with each inmate
until the time the person is released pursuant to proceedings or
reaches the expiration of his or her term as calculated under Section
1170.2.
(d) It is the intent of the Legislature that during times when
there is no backlog of inmates awaiting parole hearings, life parole
consideration hearings or life rescission hearings, hearings will be
conducted by a panel of three or more members, the majority of whom
shall be commissioners. The board shall report monthly on the number
of cases where an inmate has not received a completed initial or
subsequent parole consideration hearing within 30 days of the hearing
date required by subdivision (a) of Section 3041.5 or paragraph (2)
of subdivision (b) of Section 3041.5, unless the inmate has waived
the right to those timeframes. That report shall be considered the
backlog of cases for purposes of this section, and shall include
information on the progress toward eliminating the backlog, and on
the number of inmates who have waived their right to the above
timeframes. The report shall be made public at a regularly scheduled
meeting of the board and a written report shall be made available to
the public and transmitted to the Legislature quarterly.
(e) For purposes of this section, an en banc hearing by the board
means a hearing conducted by a committee of nine randomly selected
commissioners who are specifically appointed to hear adult parole
matters, selected by the chairperson. The committee shall be
comprised of a majority of commissioners holding office on the date
the matter is heard by the committee.



3041.1. Up to 90 days prior to a scheduled release date, the
Governor may request review of any decision by a parole authority
concerning the grant or denial of parole to any inmate in a state
prison. The Governor shall state the reason or reasons for the
request, and whether the request is based on a public safety concern,
a concern that the gravity of current or past convicted offenses may
have been given inadequate consideration, or on other factors. When
a request has been made, a randomly selected committee comprised of
nine commissioners specifically appointed to hear adult parole
matters and who are holding office at the time, shall review the
parole decision. In case of a review, a vote in favor of parole by a
majority of the commissioners on the committee shall be required to
grant parole to any inmate. In carrying out any review, the board
shall comply with the provisions of this chapter.



3041.2. (a) During the 30 days following the granting, denial,
revocation, or suspension by a parole authority of the parole of a
person sentenced to an indeterminate prison term based upon a
conviction of murder, the Governor, when reviewing the authority's
decision pursuant to subdivision (b) of Section 8 of Article V of the
Constitution, shall review materials provided by the parole
authority.
(b) If the Governor decides to reverse or modify a parole decision
of a parole authority pursuant to subdivision (b) of Section 8 of
Article V of the Constitution, he or she shall send a written
statement to the inmate specifying the reasons for his or her
decision.



3041.5. (a) At all hearings for the purpose of reviewing a prisoner'
s parole suitability, or the setting, postponing, or rescinding of
parole dates, the following shall apply:
(1) At least 10 days prior to any hearing by the Board of Parole
Hearings, the prisoner shall be permitted to review his or her file
which will be examined by the board and shall have the opportunity to
enter a written response to any material contained in the file.
(2) The prisoner shall be permitted to be present, to ask and
answer questions, and to speak on his or her own behalf. Neither the
prisoner nor the attorney for the prisoner shall be entitled to ask
questions of any person appearing at the hearing pursuant to
subdivision (b) of Section 3043.
(3) Unless legal counsel is required by some other provision of
law, a person designated by the Department of Corrections shall be
present to insure that all facts relevant to the decision be
presented, including, if necessary, contradictory assertions as to
matters of fact that have not been resolved by departmental or other
procedures.
(4) The prisoner and any person described in subdivision (b) of
Section 3043 shall be permitted to request and receive a stenographic
record of all proceedings.
(5) If the hearing is for the purpose of postponing or rescinding
of parole dates, the prisoner shall have rights set forth in
paragraphs (3) and (4) of subdivision (c) of Section 2932.
(6) The board shall set a date to reconsider whether an inmate
should be released on parole that ensures a meaningful consideration
of whether the inmate is suitable for release on parole.
(b) (1) Within 10 days following any meeting where a parole date
has been set, the board shall send the prisoner a written statement
setting forth his or her parole date, the conditions he or she must
meet in order to be released on the date set, and the consequences of
failure to meet those conditions.
(2) Within 20 days following any meeting where a parole date has
not been set, the board shall send the prisoner a written statement
setting forth the reason or reasons for refusal to set a parole date,
and suggest activities in which he or she might participate that
will benefit him or her while he or she is incarcerated.
(3) The board shall schedule the next hearing, after considering
the views and interests of the victim, as follows:
(A) Fifteen years after any hearing at which parole is denied,
unless the board finds by clear and convincing evidence that the
criteria relevant to the setting of parole release dates enumerated
in subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than 10 additional years.
(B) Ten years after any hearing at which parole is denied, unless
the board finds by clear and convincing evidence that the criteria
relevant to the setting of parole release dates enumerated in
subdivision (a) of Section 3041 are such that consideration of the
public and victim's safety does not require a more lengthy period of
incarceration for the prisoner than seven additional years.
(C) Three years, five years, or seven years after any hearing at
which parole is denied, because the criteria relevant to the setting
of parole release dates enumerated in subdivision (a) of Section 3041
are such that consideration of the public and victim's safety
requires a more lengthy period of incarceration for the prisoner, but
does not require a more lengthy period of incarceration for the
prisoner than seven additional years.
(4) The board may in its discretion, after considering the views
and interests of the victim, advance a hearing set pursuant to
paragraph (3) to an earlier date, when a change in circumstances or
new information establishes a reasonable likelihood that
consideration of the public and victim's safety does not require the
additional period of incarceration of the prisoner provided in
paragraph (3).
(5) Within 10 days of any board action resulting in the
postponement of a previously set parole date, the board shall send
the prisoner a written statement setting forth a new date and the
reason or reasons for that action and shall offer the prisoner an
opportunity for review of that action.
(6) Within 10 days of any board action resulting in the rescinding
of a previously set parole date, the board shall send the prisoner a
written statement setting forth the reason or reasons for that
action, and shall schedule the prisoner's next hearing in accordance
with paragraph (3).
(c) The board shall conduct a parole hearing pursuant to this
section as a de novo hearing. Findings made and conclusions reached
in a prior parole hearing shall be considered in but shall not be
deemed to be binding upon subsequent parole hearings for an inmate,
but shall be subject to reconsideration based upon changed facts and
circumstances. When conducting a hearing, the board shall admit the
prior recorded or memorialized testimony or statement of a victim or
witness, upon request of the victim or if the victim or witness has
died or become unavailable. At each hearing the board shall
determine the appropriate action to be taken based on the criteria
set forth in paragraph (3) of subdivision (a) of Section 3041.
(d) (1) An inmate may request that the board exercise its
discretion to advance a hearing set pursuant to paragraph (3) of
subdivision (b) to an earlier date, by submitting a written request
to the board, with notice, upon request, and a copy to the victim
which shall set forth the change in circumstances or new information
that establishes a reasonable likelihood that consideration of the
public safety does not require the additional period of incarceration
of the inmate.
(2) The board shall have sole jurisdiction, after considering the
views and interests of the victim to determine whether to grant or
deny a written request made pursuant to paragraph (1), and its
decision shall be subject to review by a court or magistrate only for
a manifest abuse of discretion by the board. The board shall have
the power to summarily deny a request that does not comply with the
provisions of this subdivision or that does not set forth a change in
circumstances or new information as required in paragraph (1) that
in the judgment of the board is sufficient to justify the action
described in paragraph (4) of subdivision (b).
(3) An inmate may make only one written request as provided in
paragraph (1) during each three-year period. Following either a
summary denial of a request made pursuant to paragraph (1), or the
decision of the board after a hearing described in subdivision (a) to
not set a parole date, the inmate shall not be entitled to submit
another request for a hearing pursuant to subdivision (a) until a
three-year period of time has elapsed from the summary denial or
decision of the board.



3041.7. At any hearing for the purpose of setting, postponing, or
rescinding a parole release date of a prisoner under a life sentence,
the prisoner shall be entitled to be represented by counsel and the
provisions of Section 3041.5 shall apply. The Board of Parole
Hearings shall provide by rule for the invitation of the prosecutor
of the county from which the prisoner was committed, or his
representative, to represent the interests of the people at the
hearing. The Board of Parole Hearings shall notify the prosecutor and
the Attorney General at least 30 days prior to the date of the
hearing.
Notwithstanding Section 12550 of the Government Code, the
prosecutor of the county from which the prisoner was committed, or
his representative, who shall not be the Attorney General, except in
cases in which the Attorney General prosecuted the case at the trial
level, shall be the sole representative of the interests of the
people.


3042. (a) At least 30 days before the Board of Prison Terms meets
to review or consider the parole suitability or the setting of a
parole date for any prisoner sentenced to a life sentence, the board
shall send written notice thereof to each of the following persons:
the judge of the superior court before whom the prisoner was tried
and convicted, the attorney who represented the defendant at trial,
the district attorney of the county in which the offense was
committed, the law enforcement agency that investigated the case, and
where the prisoner was convicted of the murder of a peace officer,
the law enforcement agency which had employed that peace officer at
the time of the murder.
(b) The Board of Prison Terms shall record all those hearings and
transcribe recordings of those hearings within 30 days of any
hearing. Those transcripts, including the transcripts of all prior
hearings, shall be filed and maintained in the office of the Board of
Prison Terms and shall be made available to the public no later than
30 days from the date of the hearing. No prisoner shall actually be
released on parole prior to 60 days from the date of the hearing.
(c) At any hearing, the presiding hearing officer shall state his
or her findings and supporting reasons on the record.
(d) Any statements, recommendations, or other materials considered
shall be incorporated into the transcript of the hearing, unless the
material is confidential in order to preserve institutional security
and the security of others who might be endangered by disclosure.
(e) This section shall not apply to any hearing held to consider
advancing a prisoner's parole date due to his or her conduct since
his or her last hearing.
(f) (1) The written notice to the judge of the superior court
before whom the prisoner was tried and convicted shall be sent by
certified mail with return receipt requested.
(2) The judge receiving this written notice may forward to the
parole board any unprivileged information from the trial or
sentencing proceeding regarding the prisoner, witnesses, or victims,
or other relevant persons, or any other information, that is
pertinent to the question of whether the parole board should grant
parole or under what conditions parole should be granted. The judge
may also, in his or her discretion, include information given to him
or her by victims, witnesses, or other persons that bear on the
question of the prisoner's suitability for parole.
(3) The parole board shall review and consider all information
received from the judge or any other person and shall consider
adjusting the terms or conditions of parole to reflect the comments
or concerns raised by this information, as appropriate.
(g) Nothing in this section shall be construed as limiting the
type or content of information the judge or any other person may
forward to the parole board for consideration under any other
provision of law.
(h) Any person who receives notice under subdivision (a) who is
authorized to forward information for consideration in a parole
suitability hearing or the setting of a parole date for a person
sentenced to a life sentence under this section, may forward that
information either by facsimile or electronic mail. The Department
of Corrections shall establish procedures for receiving the
information by facsimile or electronic mail pursuant to this
subdivision.


3043. (a) (1) Upon request, notice of any hearing to review or
consider the parole suitability or the setting of a parole date for
any prisoner in a state prison shall be sent by the Board of Parole
Hearings at least 90 days before the hearing to any victim of any
crime committed by the prisoner, or to the next of kin of the victim
if the victim has died, to include the commitment crimes, determinate
term commitment crimes for which the prisoner has been paroled, and
any other felony crimes or crimes against the person for which the
prisoner has been convicted. The requesting party shall keep the
board apprised of his or her current mailing address.
(2) No later than 30 days prior to the date selected for the
hearing, any person, other than the victim, entitled to attend the
hearing shall inform the board of his or her intention to attend the
hearing and the name and identifying information of any other person
entitled to attend the hearing who will accompany him or her.
(3) No later than 14 days prior to the date selected for the
hearing, the board shall notify every person entitled to attend the
hearing confirming the date, time, and place of the hearing.
(b) (1) The victim, next of kin, members of the victim's family,
and two representatives designated as provided in paragraph (2) of
this subdivision have the right to appear, personally or by counsel,
at the hearing and to adequately and reasonably express his, her, or
their views concerning the prisoner and the case, including, but not
limited to the commitment crimes, determinate term commitment crimes
for which the prisoner has been paroled, any other felony crimes or
crimes against the person for which the prisoner has been convicted,
the effect of the enumerated crimes on the victim and the family of
the victim, the person responsible for these enumerated crimes, and
the suitability of the prisoner for parole.
(2) Any statement provided by a representative designated by the
victim or next of kin may cover any subject about which the victim or
next of kin has the right to be heard including any recommendation
regarding the granting of parole. The representatives shall be
designated by the victim or, in the event that the victim is deceased
or incapacitated, by the next of kin. They shall be designated in
writing for the particular hearing prior to the hearing.
(c) A representative designated by the victim or the victim's next
of kin for purposes of this section may be any adult person selected
by the victim or the family of the victim. The board shall permit a
representative designated by the victim or the victim's next of kin
to attend a particular hearing, to provide testimony at a hearing,
and to submit a statement to be included in the hearing as provided
in Section 3043.2, even though the victim, next of kin, or a member
of the victim's immediate family is present at the hearing, and even
though the victim, next of kin, or a member of the victim's immediate
family has submitted a statement as described in Section 3043.2.
(d) The board, in deciding whether to release the person on
parole, shall consider the entire and uninterrupted statements of the
victim or victims, next of kin, immediate family members of the
victim, and the designated representatives of the victim or next of
kin, if applicable, made pursuant to this section and shall include
in its report a statement whether the person would pose a threat to
public safety if released on parole.
(e) In those cases where there are more than two immediate family
members of the victim who wish to attend any hearing covered in this
section, the board shall allow attendance of additional immediate
family members to include the following: spouse, children, parents,
siblings, grandchildren, and grandparents.



3043.1. Notwithstanding any other provision of law, a victim, his
or her next of kin, or any immediate family member of the victim who
appears at any hearing to review or consider the parole suitability
or the setting of a parole date for any prisoner pursuant to Section
3043 shall be entitled to the attendance of one person of his or her
own choosing at the hearing for support. The person so chosen shall
not participate in the hearing nor make comments while in attendance.




3043.2. (a) (1) In lieu of personal appearance at any hearing to
review the parole suitability or the setting of a parole date, the
Board of Prison Terms shall permit the victim, his or her next of
kin, immediate family members, or two representatives designated for
a particular hearing by the victim or next of kin in writing prior to
the hearing to file with the board a written, audiotaped, or
videotaped statement, or statement stored on a CD Rom, DVD, or any
other recording medium accepted by a court pursuant to Section
1191.15 or by the board, expressing his or her views concerning the
crime and the person responsible. The statement may be personal
messages from the person to the board made at any time or may be a
statement made pursuant to Section 1191.16, or a combination of both,
except that any statement provided by a representative designated by
the victim or next of kin shall be limited to comments concerning
the effect of the crime on the victim.
(2) A representative designated by the victim or the victim's next
of kin for purposes of this section must be either a family or
household member of the victim.
(3) The board shall consider any statement filed prior to reaching
a decision, and shall include in its report a statement of whether
the person would pose a threat to public safety if released on
parole.
(b) Whenever an audio or video statement or a statement stored on
a CD Rom, DVD, or other medium is filed with the board, a written
transcript of the statement shall also be provided by the person
filing the statement.
(c) Nothing in this section shall be construed to prohibit the
prosecutor from representing to the board the views of the victim,
his or her immediate family members, or next of kin.
(d) In the event the board permits an audio or video statement or
statement stored on a CD Rom, DVD, or other medium to be filed, the
board shall not be responsible for providing any equipment or
resources needed to assist the victim in preparing the statement.



3043.25. Any victim, next of kin, members of the victim's immediate
family, or representatives designated for a particular hearing by
the victim or next of kin in writing prior to the hearing who have
the right to appear at a hearing to review parole suitability or the
setting of a parole date, either personally as provided in Section
3043, or by a written, audiotaped, or videotaped statement as
provided in Section 3043.2, and any prosecutor who has the right to
appear pursuant to Section 3041.7, shall also have the right to
appear by means of videoconferencing, if videoconferencing is
available at the hearing site. For the purposes of this section,
"videoconferencing" means the live transmission of audio and video
signals by any means from one physical location to another.



3043.3. As used in Sections 3043, 3043.1, 3043.2, and 3043.25, the
term "immediate family" shall include the victim's spouse, parent,
grandparent, brother, sister, and children or grandchildren who are
related by blood, marriage, or adoption. As used in Sections 3043
and 3043.2, the term "household member of the victim" means a person
who lives, or was living at the time of the crime, in the victim's
household, and who has, or for a deceased victim had at the time of
the crime, an intimate or close relationship with the victim.



3043.5. (a) This section shall be known as the "Condit-Nolan Public
Participation in Parole Act of 1984."
(b) Any person interested in the grant or denial of parole to any
prisoner in a state prison shall have the right to submit a statement
of views in support of or in opposition to the granting of parole.
The board, in deciding whether to release the person on parole, shall
review all information received from the public to insure that the
gravity and timing of all current or past convicted offenses have
been given adequate consideration and to insure that the safety of
the public has been adequately considered. Upon completion of its
review, the board shall include in its report a statement that it has
reviewed all information received from the public and its conclusion
as to whether the person would pose a threat to the public safety if
released on parole.



3043.6. Any person authorized to appear at a parole hearing
pursuant to Section 3043, or a prosecutor authorized to represent the
views of the victim, his or her immediate family, or next of kin,
pursuant to Section 3043.2, shall have the right to speak last before
the board in regard to those persons appearing and speaking before
the board at a parole hearing. Nothing in this section shall
prohibit the person presiding at the hearing from taking any steps he
or she deems appropriate to ensure that only accurate and relevant
statements are considered in determining parole suitability as
provided in law, including, but not limited to, the rebuttal of
inaccurate statements made by any party.



3044. (a) Notwithstanding any other law, the Board of Parole
Hearings or its successor in interest shall be the state's parole
authority and shall be responsible for protecting victims' rights in
the parole process. Accordingly, to protect a victim from harassment
and abuse during the parole process, no person paroled from a
California correctional facility following incarceration for an
offense committed on or after the effective date of this act shall,
in the event his or her parole is revoked, be entitled to procedural
rights other than the following:
(1) A parolee shall be entitled to a probable cause hearing no
later than 15 days following his or her arrest for violation of
parole.
(2) A parolee shall be entitled to an evidentiary revocation
hearing no later than 45 days following his or her arrest for
violation of parole.
(3) A parolee shall, upon request, be entitled to counsel at state
expense only if, considering the request on a case-by-case basis,
the board or its hearing officers determine:
(A) The parolee is indigent; and
(B) Considering the complexity of the charges, the defense, or
because the parolee's mental or educational capacity, he or she
appears incapable of speaking effectively in his or her own defense.

(4) In the event the parolee's request for counsel, which shall be
considered on a case-by-case basis, is denied, the grounds for
denial shall be stated succinctly in the record.
(5) Parole revocation determinations shall be based upon a
preponderance of evidence admitted at hearings including documentary
evidence, direct testimony, or hearsay evidence offered by parole
agents, peace officers, or a victim.
(6) Admission of the recorded or hearsay statement of a victim or
percipient witness shall not be construed to create a right to
confront the witness at the hearing.
(b) The board is entrusted with the safety of victims and the
public and shall make its determination fairly, independently, and
without bias and shall not be influenced by or weigh the state cost
or burden associated with just decisions. The board must accordingly
enjoy sufficient autonomy to conduct unbiased hearings, and maintain
an independent legal and administrative staff. The board shall report
to the Governor.


3045. Any sentence based on conviction of crime of which the person
was previously pardoned on the express ground that he was not guilty
shall not be counted as a previous conviction.



3046. (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
(1) A term of at least seven calendar years.
(2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
(b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.
(c) The Board of Prison Terms shall, in considering a parole for a
prisoner, consider all statements and recommendations which may have
been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested in the
granting or denying of the parole. The board shall enter on its
order granting or denying parole to these prisoners, the fact that
the statements and recommendations have been considered by it.



3049. In all other cases not heretofore provided for, no prisoner
sentenced prior to July 1, 1977 may be paroled until he has served
the minimum term of imprisonment provided by law for the offense of
which he was convicted, except that in cases where the prisoner was
serving a sentence on December 31, 1947, and in which the minimum
term of imprisonment is more than one year, he may be paroled at any
time after the expiration of one-half of the minimum term, with
benefit of credits, but in no case shall he be paroled until he has
served one calendar year; provided, that any prisoner, received on or
after January 1, 1948, at any state prison or institution under the
jurisdiction of the Director of Corrections, whose minimum term of
imprisonment is more than one year, may be paroled at any time after
the expiration of one-third of the minimum term. In all other cases
he may be paroled at any time after he has served the minimum term
prescribed by law.



3049.5. Notwithstanding the provisions of Section 3049, any
prisoner selected for inclusion in a specific research program
approved by the Board of Corrections may be paroled upon completion
of the diagnostic study provided for in Section 5079. The number of
prisoners released in any year under this provision shall not exceed
5 percent of the total number of all prisoners released in the
preceding year.
This section shall not apply to a prisoner who, while committing
the offense for which he has been imprisoned, physically attacked any
person by any means. A threat of attack is not a physcial attack for
the purposes of this section unless such threat was accompanied by
an attempt to inflict physical harm upon some person.
The Board of Corrections shall report to the Legislature on the
fifth Legislative day of the 1974 Regular Session of the Legislature
regarding any research program completed or in progress authorized
under this section, and thereafter it shall report annually.



3052. The Board of Prison Terms shall have the power to establish
and enforce rules and regulations under which prisoners committed to
state prisons may be allowed to go upon parole outside the prison
buildings and enclosures when eligible for parole.



3053. (a) The Board of Prison Terms upon granting any parole to any
prisoner may also impose on the parole any conditions that it may
deem proper.
(b) The Board of Prison Terms may impose as a condition of parole
that any prisoner granted parole undergo an examination or test for
tuberculosis when the board reasonably suspects that the parolee has,
has had, or has been exposed to, tuberculosis in an infectious
stage.
(c) For purposes of this section, an "examination or test for
tuberculosis" means testing and followup examinations or treatment
according to the Centers for Disease Control and American Thoracic
Society recommendations in effect at the time of the initial
examination.


3053.2. (a) Upon the request of the victim, or the victim's parent
or legal guardian if the victim is a minor, the parole authority
shall impose the following condition on the parole of a person
released from prison for an offense involving threatening, stalking,
***ually abusing, harassing, or violent acts in which the victim is a
person specified in Section 6211 of the Family Code:
Compliance with a protective order enjoining the parolee from
threatening, stalking, ***ually abusing, harassing, or taking further
violent acts against the victim and, if appropriate, compliance with
any or all of the following:
(1) An order prohibiting the parolee from having personal,
telephonic, electronic, media, or written contact with the victim.
(2) An order prohibiting the parolee from coming within at least
100 yards of the victim or the victim's residence or workplace.
(3) An order excluding the parolee from the victim's residence.
(b) The parole authority may impose the following condition on the
parole of a person released from prison for an offense involving
threatening, stalking, ***ually abusing, harassing, or violent acts
in which the victim is a person specified in Section 6211 of the
Family Code:
For persons who committed the offense prior to January 1, 1997,
participation in a batterer's program, as specified in this section,
for the entire period of parole. For persons who committed the
offense after January 1, 1997, successful completion of a batterer's
program, which shall be a condition of release from parole. If no
batterer's program is available, another appropriate counseling
program designated by the parole agent or officer, for a period of
not less than one year, with weekly sessions of a minimum of two
hours of classroom time. The program director shall give periodic
progress reports to the parole agent or officer at least every three
months.
(c) The parole agent or officer shall refer the parolee only to a
batterer's program that follows the standards outlined in Section
1203.097 and immediately following sections.
(d) The parolee shall file proof of enrollment in a batterer's
program with the parole agent or officer within 30 days after the
first meeting with his or her parole agent or officer, if he or she
committed the offense after January 1, 1997, or within 30 days of
receiving notice of this parole condition, if he or she committed the
offense prior to January 1, 1997.
(e) The parole agent or officer shall conduct an initial
assessment of the parolee, which information shall be provided to the
batterer's program. The assessment shall include, but not be
limited to, all of the following:
(1) Social, economic, and family background.
(2) Education.
(3) Vocational achievements.
(4) Criminal history, prior incidents of violence, and arrest
reports.
(5) Medical history.
(6) Substance abuse history.
(7) Consultation with the probation officer.
(8) Verbal consultation with the victim, only if the victim
desires to participate.
(f) Upon request of the victim, the victim shall be notified of
the release of the parolee and the parolee's location and parole
agent or officer. If the victim requests notification, he or she
shall also be informed that attendance in any program does not
guarantee that an abuser will not be violent.
(g) The parole agent or officer shall advise the parolee that the
failure to enroll in a specified program, as directed, may be
considered a parole violation that would result in possible further
incarceration.
(h) The director of the batterer's program shall immediately
report any violation of the terms of the protective order issued
pursuant to paragraph (3) of subdivision (a), including any new acts
of violence or failure to comply with the program requirements, to
the parolee's parole agent or officer.
(i) Upon recommendation of the director of the batterer's program,
a parole agent or officer may require a parolee to participate in
additional sessions throughout the parole period, unless he or she
finds that it is not in the interests of justice to do so. In
deciding whether the parolee would benefit from more sessions, the
parole agent or officer shall consider whether any of the following
conditions exist:
(1) The parolee has been violence-free for a minimum of six
months.
(2) The parolee has cooperated and participated in the batterer's
program.
(3) The parolee demonstrates an understanding of, and practices,
positive conflict resolution skills.
(4) The parolee blames, degrades, or has committed acts that
dehumanize the victim or puts the victim's safety at risk, including,
but not limited to, molesting, stalking, striking, attacking,
threatening, ***ually assaulting, or battering the victim.
(5) The parolee demonstrates an understanding that the use of
coercion or violent behavior to maintain dominance is unacceptable in
an intimate relationship.
(6) The parolee has made threats to harm another person in any
manner.
(7) The parolee demonstrates acceptance of responsibility for the
abusive behavior perpetrated against the victim.




3053.4. In the case of any person who is released from prison on
parole or after serving a term of imprisonment for any felony offense
committed against the person or property of another individual,
private institution, or public agency because of the victim's actual
or perceived race, color, ethnicity, religion, nationality, country
of origin, ancestry, disability, gender, or ***ual orientation,
including, but not limited to, offenses defined in Section 422.6,
422.7, 422.75, 594.3, or 11411, the parole authority, absent
compelling circumstances, shall order the defendant as a condition of
parole to refrain from further acts of violence, threats, stalking,
or harassment of the victim, or known immediate family or domestic
partner of the victim, including stay-away conditions when
appropriate. In these cases, the parole authority may also order
that the defendant be required as a condition of parole to complete a
class or program on racial or ethnic sensitivity, or other similar
training in the area of civil rights, or a one-year counseling
program intended to reduce the tendency toward violent and antisocial
behavior if that class, program, or training is available and was
developed or authorized by the court or local agencies in cooperation
with organizations serving the affected community.



3053.5. Upon granting parole to any prisoner convicted of any of
the offenses enumerated in Section 290, the Board of Prison Terms
shall inquire into the question whether the defendant at the time the
offense was committed was intoxicated or addicted to the excessive
use of alcoholic liquor or beverages at that time or immediately
prior thereto, and if it is found that the person was so intoxicated
or so addicted, it shall impose as a condition of parole that such
prisoner shall totally abstain from the use of alcoholic liquor or
beverages.


3053.6. (a) Where a person committed to prison for a *** crime for
which registration is required pursuant to Section 290 is to be
released on parole, the department, in an appropriate case, shall
make an order that the parolee not contact or communicate with the
victim of the crime, or any of the victim's family members. In
determining whether to make the order, the department shall consider
the facts of the offense and the background of the parolee.
(b) Where a victim, or an immediate family member of a victim,
requests that the parolee not contact him or her, the order shall be
made. An immediate family member's request that the parolee not
contact that person shall be granted even where the direct victim
allows contact.
(c) Where the victim is a minor, the order that the parolee shall
not contact or communicate with the victim shall be made where
requested by the victim, or the parents or guardian of the victim. In
the event of a dispute between the parents or guardians of a minor
victim concerning whether a no-contact and no-communication order
should be made, the board shall hold a hearing to resolve the
dispute. The victim, or the parents or guardians, shall not be
required to attend the hearing. The victim, or the parents of the
victim, may submit a written statement to the board concerning the
issue of whether a no-contact or no-communication order shall be
made.
(d) The district attorney of the county that prosecuted the
defendant for the *** crime for which the parolee was committed to
prison may be available to facilitate and assist the victim, or
victim's family member, in stating to the department whether or not
the order that the parolee not contact or communicate with him or her
shall be made.


3054. (a) (1) The Department of Corrections shall establish three
pilot programs that provide intensive training and counseling
programs for female parolees to assist in the successful
reintegration of those parolees into the community upon release or
discharge from prison and after completion of in-prison therapeutic
community substance abuse treatment programs.
(2) The Director of Corrections shall determine the counties in
which the pilot programs are established.
(b) (1) The services offered in the pilot programs may include,
but shall not be limited to, drug and alcohol abuse treatment,
cognitive skills development, education, life skills, job skills,
victim impact awareness, anger management, family reunification,
counseling, vocational training and support, residential care, and
placement in affordable housing and employment opportunities.
(2) Ancillary services such as child care and reimbursement of
transportation costs shall be provided to the extent necessary to
permit full participation by female offenders in employment
assistance, substance abuse treatment, and other program elements.
(3) The pilot programs shall include a case management component
to assess the social services and other needs of participating in the
social services, education, job training, and other programs most
likely to result in their recovery and employment success.
(c) With respect to a female parolee who violates her parole, the
Board of Prison Terms may order initial or continued participation in
a program under this section, in lieu of revocation pursuant to
Section 3060, provided the department approves the program
participation, the parolee meets all eligibility criteria for the
program, and the parole violation was nonviolent.
(d) (1) The Department of Corrections shall prepare an
informational handout explaining the pilot programs created by this
section.
(2) A copy of this informational handout shall be given to each
female inmate eligible for any of the pilot programs and to each
female parolee eligible for any of the pilot programs pursuant to
subdivision (c).
(e) Subject to appropriation of funds, the department is
authorized to enter into contracts, or amend existing contracts, for
community residential treatment services for offenders and minor
children in an offender's custody in order to carry out the goals
stated in paragraph (1) of subdivision (a).
(f) (1) It is the intent of the Legislature that the programs
demonstrate the cost-effectiveness of providing the enhanced services
described in subdivision (b), based upon an annual evaluation of a
representative sample of female parolees, in order to determine the
impact of these services upon the criminal recidivism, employment,
and welfare dependency of the offenders and their families.
(2) The department, with the assistance of an independent
consultant with expertise in criminal justice programs, shall
complete a report evaluating the cost-effectiveness of the pilot
programs in regard to the effect of the programs (A) on the
recidivism of participating female offenders compared with a
comparable nonparticipating group of female offenders and (B) on the
employment of female offenders and the welfare dependency of a female
offender's family. The report shall be provided to the Governor and
the Chairperson of the Joint Legislative Budget Committee and the
chairpersons of the fiscal committees of both houses of the
Legislature by January 1, 2002.


3055. (a) The Department of Corrections and Rehabilitation, to the
extent existing resources are available or additional resources for
these purposes are appropriated, shall establish a reentry program in
the City of East Palo Alto.
(b) The reentry program may include, but is not limited to, the
following components:
(1) A prerelease needs assessment of inmates scheduled to parole
to East Palo Alto.
(2) A partnership between parole agents and local law enforcement
officers in supervising parolees released to East Palo Alto.
(3) Development of a reentry plan identifying services needed by
the parolee.
(4) A partnership with local community organizations and service
providers to provide support services to parolees such as
transitional housing, job training, or placement, or substance abuse
treatment.
(c) The department shall maintain statistical information related
to this reentry program, including, but not limited to, the number of
parolees served and the rate of return to prison for those parolees.
This information shall be provided to the Legislature upon request.

(d) This section shall become operative only upon the consent of
the City of East Palo Alto to participate in the pilot program.
(e) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends that date.




3055.5. (a) The Department of Corrections and Rehabilitation shall
contract for the establishment and operation of a prerelease parole
pilot program in Alameda County.
(b) The purpose of the program is to provide coordination between
departmental and community service providers to ensure that parolees
transition smoothly from services during incarceration through
reentry programs.
(c) (1) The program shall prepare participants who will be
entering a reentry services program.
(2) Up to one year prior to his or her release on parole from any
state correctional facility to Alameda County, any male or female
inmate who has been committed for a nonviolent offense may enroll in
the program.
(d) The program shall include, but not be limited to, a prerelease
assessment screening for needed educational, employment-related,
medical, substance abuse and mental health services, housing
assistance, and other social services.
(e) In awarding a contract pursuant to this section, the secretary
may accept proposals from public and private not-for-profit entities
located in Alameda County.
(f) The contractee, with the assistance of an independent
consultant with expertise in criminal justice programs, shall
complete a report that evaluates the cost-effectiveness of the
prerelease program with respect to the effect of the program on the
recidivism rate of the participants. The contractee shall submit that
report to the appropriate policy and fiscal committees of the
Legislature, and to the Governor, no later than January 1, 2010.
Implementation of the program is contingent upon the availability of
funding for the completion of the report. The contractee may obtain
funding for the report from sources outside the budget of the
Department of Corrections and Rehabilitation. The Legislature intends
that no more than 5 percent of the cost of the program should be
expended to prepare and submit the report.
(g) This section shall remain in effect until January 1, 2011, and
as of that date is repealed, unless a later enacted statute that is
enacted before January 1, 2011, deletes or extends that date.



3056. Prisoners on parole shall remain under the legal custody of
the department and shall be subject at any time to be taken back
within the inclosure of the prison.



3057. (a) Confinement pursuant to a revocation of parole in the
absence of a new conviction and commitment to prison under other
provisions of law, shall not exceed 12 months, except as provided in
subdivision (c).
(b) Upon completion of confinement pursuant to parole revocation
without a new commitment to prison, the inmate shall be released on
parole for a period which shall not extend beyond that portion of the
maximum statutory period of parole specified by Section 3000 which
was unexpired at the time of each revocation.
(c) Notwithstanding the limitations in subdivision (a) and in
Section 3060.5 upon confinement pursuant to a parole revocation, the
parole authority may extend the confinement pursuant to parole
revocation for a maximum of an additional 12 months for subsequent
acts of misconduct committed by the parolee while confined pursuant
to that parole revocation. Upon a finding of good cause to believe
that a parolee has committed a subsequent act of misconduct and
utilizing procedures governing parole revocation proceedings, the
parole authority may extend the period of confinement pursuant to
parole revocation as follows: (1) not more than 180 days for an act
punishable as a felony, whether or not prosecution is undertaken, (2)
not more than 90 days for an act punishable as a misdemeanor,
whether or not prosecution is undertaken, and (3) not more than 30
days for an act defined as a serious disciplinary offense pursuant to
subdivision (a) of Section 2932.
(d) (1) Except for parolees specified in paragraph (2), any
revocation period imposed under subdivision (a) may be reduced in the
same manner and to the same extent as a term of imprisonment may be
reduced by worktime credits under Section 2933. Worktime credit must
be earned and may be forfeited pursuant to the provisions of Section
2932.
Worktime credit forfeited shall not be restored.
(2) The following parolees shall not be eligible for credit under
this subdivision:
(A) Parolees who are sentenced under Section 1168 with a maximum
term of life imprisonment.
(B) Parolees who violated a condition of parole relating to
association with specified persons, entering prohibited areas,
attendance at parole outpatient clinics, or psychiatric attention.
(C) Parolees who were revoked for conduct described in, or that
could be prosecuted under any of the following sections, whether or
not prosecution is undertaken: Section 189, Section 191.5,
subdivision (a) of Section 192, subdivision (a) of Section 192.5,
Section 203, 207, 211, 215, 217.1, or 220, subdivision (b) of Section
241, Section 244, paragraph (1) or (2) of subdivision (a) of Section
245, paragraph (2) or (6) of subdivision (a) of Section 261,
paragraph (1) or (4) of subdivision (a) of Section 262, Section
264.1, subdivision (c) or (d) of Section 286, Section 288,
subdivision (c) or (d) of Section 288a, subdivision (a) of Section
289, 347, or 404, subdivision (a) of Section 451, Section 12020,
12021, 12022, 12022.5, 12022.53, 12022.7, 12022.8, 12025, or 12560,
or Section 664 for any attempt to engage in conduct described in or
that could be prosecuted under any of the above-mentioned sections.
(D) Parolees who were revoked for any reason if they had been
granted parole after conviction of any of the offenses specified in
subparagraph (C).
(E) Parolees who the parole authority finds at a revocation
hearing to be unsuitable for reduction of the period of confinement
because of the circumstances and gravity of the parole violation, or
because of prior criminal history.


3058. Any person who knowingly and wilfully communicates to
another, either orally or in writing, any statement concerning any
person then or theretofore convicted of a felony, and then on parole,
and which communication is made with the purpose and intent to
deprive said person so convicted of employment, or to prevent him
from procuring the same, or with the purpose and intent to extort
from him any money or article of value; and any person who threatens
to make any said communication with the purpose and intent to extort
money or any article of value from said person so convicted of a
felony, is guilty of a misdemeanor.


3058.4. (a) All parole officers shall report to the appropriate
child protective agency if a person paroled following a conviction of
Section 273a, 273ab, or 273d, or any *** offense identified in
statute as being perpetrated against a minor, has violated the terms
or conditions of parole related specifically to restrictions on
contact with the victim or the victim's family.
(b) The Department of Corrections shall annually provide to all
parole officers a written summary describing the legal duties of
parole officers to report information to local child protective
agencies as required by Section 11166 and this section.



3058.5. The Department of Corrections shall provide within 10 days,
upon request, to the chief of police of a city or the sheriff of a
county, information available to the department, including actual,
glossy photographs, no smaller than 31/8 x 31/8 inches in size, and,
in conjunction with the Department of Justice, fingerprints,
concerning persons then on parole who are or may be residing or
temporarily domiciled in that city or county.



3058.6. (a) Whenever any person confined to state prison is serving
a term for the conviction of a violent felony listed in subdivision
(c) of Section 667.5, the Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168 or the
Department of Corrections, with respect to inmates sentenced pursuant
to Section 1170, shall notify the sheriff or chief of police, or
both, and the district attorney, who has jurisdiction over the
community in which the person was convicted and, in addition, the
sheriff or chief of police, or both, and the district attorney,
having jurisdiction over the community in which the person is
scheduled to be released on parole or rereleased following a period
of confinement pursuant to a parole revocation without a new
commitment.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole at the time of release.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.


3058.61. Whenever any person confined to state prison is serving a
term for a conviction of Section 646.9, the Department of Corrections
shall notify by mail, at least 45 days prior to the person's
scheduled release date, the sheriff or chief of police, or both, and
the district attorney who has jurisdiction over the community in
which the person was convicted, and the sheriff, chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole,
or released following a period of confinement pursuant to a parole
revocation without a new commitment. The notification shall indicate
whether the victim has requested notification from the department
pursuant to Section 646.92.



3058.65. (a) (1) Whenever any person confined in the state prison
is serving a term for the conviction of child abuse, pursuant to
Section 273a, 273ab, 273d, any *** offense specified as being
perpetrated against a minor, or an act of domestic violence, or as
ordered by a court, the Board of Prison Terms, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections, with respect to inmates sentenced
pursuant to Section 1170, shall notify the following parties that the
person is scheduled to be released on parole, or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment, as specified in subdivision (b):
(A) The immediate family of the parolee who requests notification
and provides the department with a current address.
(B) A county child welfare services agency that requests
notification pursuant to Section 16507 of the Welfare and
Institutions Code.
(2) For the purposes of this paragraph, "immediate family of the
parolee" means the parents, siblings, and spouse of the parolee.
(b) (1) The notification shall be made by mail at least 60 days
prior to the scheduled release date, except as provided in paragraph
(2). In all cases, the notification shall include the name of the
person who is scheduled to be released, the terms of that person's
parole, whether or not that person is required to register with local
law enforcement, and the community in which that person will reside.
The notification shall specify the office within the Department of
Corrections that has the authority to make the final determination
and adjustments regarding parole location decisions.
(2) When notification cannot be provided within the 60 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (3), the department shall provide
notification to the parties and agencies specified in subdivision (a)
as soon as practicable, but in no case less than 24 hours after the
final decision is made regarding the location where the parolee will
be released.
(3) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 60 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The board or
department shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) In no case shall the notice required by this section be later
than the day the person is released on parole.




3058.7. (a) Whenever any sheriff or chief of police is notified of
the pending release of a convicted violent felon pursuant to Section
3058.6, that sheriff or chief of police may notify any person
designated by the sheriff or chief of police as an appropriate
recipient of this notice.
(b) A law enforcement official authorized to provide notice
pursuant to this section, and the public agency or entity employing
the law enforcement official, shall not be liable for providing or
failing to provide notice pursuant to this section.



3058.8. (a) At the time a notification is sent pursuant to
subdivision (a) of Section 3058.6, the Board of Parole Hearings or
the Department of Corrections and Rehabilitation, or the designated
agency responsible for notification, as the case may be, shall also
send a notice to persons described in Section 679.03 who have
requested a notice informing those persons of the fact that the
person who committed the violent offense is scheduled to be released
from the Department of Corrections and Rehabilitation or from the
State Department of Mental Health, including, but not limited to,
conditional release, and specifying the proposed date of release.
Notice of the community in which the person is scheduled to reside
shall also be given if it is (1) in the county of residence of a
witness, victim, or family member of a victim who has requested
notification, or (2) within 100 miles of the actual residence of a
witness, victim, or family member of a victim who has requested
notification. If, after providing the witness, victim, or next of kin
with the notice, there is any change in the release date or the
community in which the person is to reside, the board or department
shall provide the witness, victim, or next of kin with the revised
information.
(b) In order to be entitled to receive the notice set forth in
this section, the requesting party shall keep the department or board
informed of his or her current mailing address.
(c) The board or department, when sending out notices regarding an
offender's release on parole, shall use the information provided by
the requesting party in the form completed pursuant to subdivision
(b) of Section 679.03, unless that information is no longer current.
If the information is no longer current, the department shall make a
reasonable attempt to contact the person and to notify him or her of
the impending release.



3058.9. (a) Whenever any person confined to state prison is serving
a term for the conviction of child abuse pursuant to Section 273a,
273ab, 273d, or any *** offense identified in statute as being
perpetrated against a minor victim, or as ordered by any court, the
Board of Prison Terms, with respect to inmates sentenced pursuant to
subdivision (b) of Section 1168 or the Department of Corrections,
with respect to inmates sentenced pursuant to Section 1170, shall
notify the sheriff or chief of police, or both, and the district
attorney, having jurisdiction over the community in which the person
was convicted and, in addition, the sheriff or chief of police, or
both, and the district attorney having jurisdiction over the
community in which the person is scheduled to be released on parole
or rereleased following a period of confinement pursuant to a parole
revocation without a new commitment.
(b) (1) The notification shall be made by mail at least 45 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections with the authority to
make final determination and adjustments regarding parole location
decisions.
(2) Notwithstanding any other provision of law, the Department of
Corrections shall not restore credits nor take any administrative
action resulting in an inmate being placed in a greater credit
earning category that would result in notification being provided
less than 45 days prior to an inmate's scheduled release date.
(3) When notification cannot be provided within the 45 days due to
the unanticipated release date change of an inmate as a result of an
order from the court, an action by the Board of Prison Terms, the
granting of an administrative appeal, or a finding of not guilty or
dismissal of a disciplinary action, that affects the sentence of the
inmate, or due to a modification of the department's decision
regarding the community into which the person is scheduled to be
released pursuant to paragraph (4), the department shall provide
notification as soon as practicable, but in no case less than 24
hours after the final decision is made regarding where the parolee
will be released.
(4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 30 days prior to the inmate's
scheduled release, unless an agency received less than 45 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department, which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections shall respond in writing not less than 15 days prior to
the scheduled release with a final determination as to whether to
adjust the parole location and documenting the basis for its
decision, unless the department received comments less than 30 days
prior to the impending release, in which case the department shall
respond as soon as practicable prior to the scheduled release. The
comments shall become a part of the inmate's file.
(c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole or released following a period of confinement pursuant to a
parole revocation without a new commitment.
(d) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 45-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.
(e) The notice required by this section shall satisfy the notice
required by Section 3058.6 for any person whose offense is identified
in both sections.


3059. If any paroled prisoner shall leave the state without
permission of the Board of Prison Terms, he shall be held as an
escaped prisoner and arrested as such.



3060. The parole authority shall have full power to suspend or
revoke any parole, and to order returned to prison any prisoner upon
parole. The written order of the parole authority shall be a
sufficient warrant for any peace or prison officer to return to
actual custody any conditionally released or paroled prisoner.




3060.1. Upon the revocation of the parole of any prisoner who was
ordered by the court to pay an additional restitution fine pursuant
to Section 1202.45, but which was suspended by that section, the
additional restitution fine shall be reinstated without the need for
any further court proceeding.



3060.5. Notwithstanding any other provision of law, the parole
authority shall revoke the parole of any prisoner who refuses to sign
a parole agreement setting forth the general and any special
conditions applicable to the parole, refuses to sign any form
required by the Department of Justice stating that the duty of the
prisoner to register under Section 290 has been explained to the
prisoner, unless the duty to register has not been explained to the
prisoner, or refuses to provide samples of blood or saliva as
required by the DNA and Forensic Identification Data Base and Data
Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9
of Part 1), and shall order the prisoner returned to prison.
Confinement pursuant to any single revocation of parole under this
section shall not, absent a new conviction and commitment to prison
under other provisions of law, exceed six months, except as provided
in subdivision (c) of Section 3057.


3060.6. Notwithstanding any other provision of law, on or after
January 1, 2001, whenever any paroled person is returned to custody
or has his or her parole revoked for conduct described in subdivision
(c) of Section 290, the parole authority shall report the
circumstances that were the basis for the return to custody or
revocation of parole to the law enforcement agency and the district
attorney that has primary jurisdiction over the community in which
the circumstances occurred and to the Department of Corrections and
Rehabilitation. Upon the release of the paroled person, the
Department of Corrections and Rehabilitation shall inform the law
enforcement agency and the district attorney that has primary
jurisdiction over the community in which the circumstances occurred
and, if different, the county in which the person is paroled or
discharged, of the circumstances that were the basis for the return
to custody or revocation of parole.


3060.7. (a) Notwithstanding any other law, the parole authority
shall notify any person released on parole who has been classified by
the Department of Corrections as included within the highest control
or risk classification that he or she shall be required to report to
his or her assigned parole officer within two days of release from
the state prison.
This section shall not prohibit the parole authority from
requiring any person released on parole to report to his or her
assigned parole officer within a time period that is less than two
days from the time of release.
(b) The parole authority, within 24 hours of a parolee's failure
to report as required by this section, shall issue a written order
suspending the parole of that parolee, pending a hearing before the
parole authority, and shall issue a warrant for the parolee's arrest.

(c) Upon the issuance of an arrest warrant for a parolee who has
been classified within the highest control or risk classification,
the assigned parole officer shall continue to carry the parolee on
his or her regular caseload and shall continue to search for the
parolee's whereabouts.
(d) With regard to any inmate subject to this section, the
Department of Corrections shall release an inmate sentenced prior to
the effective date of this section one or two days before his or her
scheduled release date if the inmate's release date falls on the day
before a holiday or weekend.
(e) With regard to any inmate subject to this section, the
Department of Corrections shall release an inmate one or two days
after his or her scheduled release date if the release date falls on
the day before a holiday or weekend. This subdivision shall not
apply to an inmate sentenced prior to the effective date of this
section.



3060.9. (a) The Department of Corrections and Rehabilitation is
hereby authorized to expand the use of parole programs or services to
improve the rehabilitation of parolees, reduce recidivism, reduce
prison overcrowding, and improve public safety through the following:

(1) The use of intermediate sanctions for offenders who commit a
violation of parole.
(2) The use of parole programs or services, in addition to
supervision, for any offender who is in need of services to reduce
the parolee's likelihood to reoffend.
(b) For purposes of this section, the expansion of parole programs
or services may include, but shall not be limited to, the following:

(1) Counseling.
(2) Electronic monitoring.
(3) Halfway house services.
(4) Home detention.
(5) Intensive supervision.
(6) Mandatory community service assignments.
(7) Increased drug testing.
(8) Participation in one or more components of the Preventing
Parolee Crime Program pursuant to Section 3068.
(9) Rehabilitation programs, such as substance abuse treatment.
(10) Restitution.
(c) As used in this section:
(1) "Department" means the Department of Corrections and
Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(d) The department or the parole authority may assign the programs
or services specified in subdivision (b) to offenders who meet the
criteria of paragraph (1) or (2). This section shall not alter the
existing discretion of the parole authority regarding the reporting
by the department of parole violations or conditions of parole. In
exercising its authority pursuant to paragraphs (2) and (3) of
subdivision (e) and subdivision (f), the parole authority or the
department in exercising its authority pursuant to paragraph (1) of
subdivision (e) may determine an individual parolee's eligibility for
parole programs or services by considering the totality of the
circumstances including, but not limited to, the instant violation
offense, the history of parole adjustment, current commitment
offense, the risk needs assessment of the offender, and prior
criminal history, with public safety and offender accountability as
primary considerations.
(e) (1) Subject to the provisions of this section, the parole
authority, in the absence of a new conviction and commitment of the
parolee to the state prison under other provisions of law, may assign
a parolee who violates a condition of his or her parole to parole
programs or services in lieu of revocation of parole.
(2) In addition to the alternatives provided in this section, the
parole authority may, as an alternative to ordering a revoked parolee
returned to custody, suspend the period of revocation pending the
parolee's successful completion of parole programs or services
assigned by the parole authority.
(3) The department shall not establish a special condition of
parole, assigning a parolee to parole programs or services in lieu of
initiating revocation proceedings, if the department reasonably
believes that the violation of the condition of parole involves
commission of a serious felony, as defined in subdivision (c) of
Section 1192.7, or a violent felony, as defined in subdivision (c) of
Section 667.5, or involves the control or use of a firearm.
(f) A special condition of parole imposed pursuant to this section
to participate in residential programs shall not be established
without a hearing by the parole authority in accordance with Section
3068 and regulations of the parole authority. A special condition of
parole providing an assignment to a parole program or service that
does not consist of a residential component may be established
without a hearing.
(g) Expansion of parole programs or services pursuant to this
section by the department is subject to the appropriation of funding
for this purpose as provided in the Budget Act of 2007, and
subsequent budget acts.
(h) The department, in consultation with the Legislative Analyst's
Office, shall, contingent upon funding, conduct an evaluation
regarding the effect of parole programs or services on public safety,
parolee recidivism, and prison and parole costs and report the
results to the Legislature three years after funding is provided
pursuant to subdivision (g). Until that date, the department shall
report annually to the Legislature, beginning January 1, 2009,
regarding the status of the expansion of parole programs or services
and the number of offenders assigned and participating in parole
programs or services in the preceding fiscal year.



3061. It is hereby made the duty of all peace officers to execute
any such order in like manner as ordinary criminal process.



3062. The Governor of the state shall have like power to revoke the
parole of any prisoner. The written authority of the Governor shall
likewise be sufficient to authorize any peace officer to retake and
return any prisoner to the state prison. The Governor's written
order revoking the parole shall have the same force and effect and be
executed in like manner as the order of the parole authority.




3063. No parole shall be suspended or revoked without cause, which
cause must be stated in the order suspending or revoking the parole.



3063.1. (a) Notwithstanding any other provision of law, and except
as provided in subdivision (d), parole may not be suspended or
revoked for commission of a nonviolent drug possession offense or for
violating any drug-related condition of parole.
As an additional condition of parole for all such offenses or
violations, the Parole Authority shall require participation in and
completion of an appropriate drug treatment program. Vocational
training, family counseling and literacy training may be imposed as
additional parole conditions.
The Parole Authority may require any person on parole who commits
a nonviolent drug possession offense or violates any drug-related
condition of parole, and who is reasonably able to do so, to
contribute to the cost of his or her own placement in a drug
treatment program.
(b) Subdivision (a) does not apply to:
(1) Any parolee who has been convicted of one or more serious or
violent felonies in violation of subdivision (c) of Section 667.5 or
Section 1192.7.
(2) Any parolee who, while on parole, commits one or more
nonviolent drug possession offenses and is found to have concurrently
committed a misdemeanor not related to the use of drugs or any
felony.
(3) Any parolee who refuses drug treatment as a condition of
parole.
(c) Within seven days of a finding that the parolee has either
committed a nonviolent drug possession offense or violated any
drug-related condition of parole, the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations shall notify the
treatment provider designated to provide drug treatment under
subdivision (a). Within 30 days thereafter the treatment provider
shall prepare an individualized drug treatment plan and forward it to
the Parole Authority and to the California Department of Corrections
and Rehabilitation, Division of Adult Parole Operations agent
responsible for supervising the parolee. On a quarterly basis after
the parolee begins drug treatment, the treatment provider shall
prepare and forward a progress report on the individual parolee to
these entities and individuals.
(1) If at any point during the course of drug treatment the
treatment provider notifies the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations that the parolee
is unamenable to the drug treatment provided, but amenable to other
drug treatments or related programs, the Department of Corrections
and Rehabilitation, Division of Adult Parole Operations may act to
modify the terms of parole to ensure that the parolee receives the
alternative drug treatment or program.
(2) If at any point during the course of drug treatment the
treatment provider notifies the Department of Corrections and
Rehabilitation, Division of Adult Parole Operations that the parolee
is unamenable to the drug treatment provided and all other forms of
drug treatment provided pursuant to subdivision (b) of Section 1210
and the amenability factors described in subparagraph (B) of
paragraph (3) of subdivision (e) of Section 1210.1, the Department of
Corrections and Rehabilitation, Division of Adult Parole Operations
may act to revoke parole. At the revocation hearing, parole may be
revoked if it is proved that the parolee is unamenable to all drug
treatment.
(3) Drug treatment services provided by subdivision (a) as a
required condition of parole may not exceed 12 months, unless the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations makes a finding supported by the record that the
continuation of treatment services beyond 12 months is necessary for
drug treatment to be successful. If that finding is made, the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations may order up to two six-month extensions of
treatment services. The provision of treatment services under this
act shall not exceed 24 months.
(d) (1) If parole is revoked pursuant to the provisions of this
subdivision, the defendant may be incarcerated pursuant to otherwise
applicable law without regard to the provisions of this section.
Parole shall be revoked if the parole violation is proved and a
preponderance of the evidence establishes that the parolee poses a
danger to the safety of others.
(2) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment violates parole either by
committing an offense other than a nonviolent drug possession
offense, or by violating a non-drug-related condition of parole, and
the Department of Corrections and Rehabilitation, Division of Adult
Parole Operations acts to revoke parole, a hearing shall be conducted
to determine whether parole shall be revoked.
Parole may be modified or revoked if the parole violation is
proved.
(3) (A) If a parolee receives drug treatment under subdivision
(a), and during the course of drug treatment violates parole either
by committing a nonviolent drug possession offense, or a misdemeanor
for simple possession or use of drugs or drug paraphernalia, being
present where drugs are used, or failure to register as a drug
offender, or any activity similar to those listed in subdivision (d)
of Section 1210, or by violating a drug-related condition of parole,
and the Department of Corrections and Rehabilitation, Division of
Adult Parole Operations acts to revoke parole, a hearing shall be
conducted to determine whether parole shall be revoked. Parole shall
be revoked if the parole violation is proved and a preponderance of
the evidence establishes that the parolee poses a danger to the
safety of others. If parole is not revoked, the conditions of parole
may be intensified to achieve the goals of drug treatment.
(B) If a parolee receives drug treatment under subdivision (a),
and during the course of drug treatment for the second time violates
that parole either by committing a nonviolent drug possession
offense, or by violating a drug-related condition of parole, and the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations acts for a second time to revoke parole, a hearing
shall be conducted to determine whether parole shall be revoked. If
the alleged parole violation is proved, the parolee is not eligible
for continued parole under any provision of this section and may be
reincarcerated.
(C) If a parolee already on parole at the effective date of this
act violates that parole either by committing a nonviolent drug
possession offense, or a misdemeanor for simple possession or use of
drugs or drug paraphernalia, being present where drugs are used, or
failure to register as a drug offender, or any activity similar to
those listed in paragraph (1) of subdivision (d) of Section 1210, or
by violating a drug-related condition of parole, and the Department
of Corrections and Rehabilitation, Division of Adult Parole
Operations acts to revoke parole, a hearing shall be conducted to
determine whether parole shall be revoked. Parole shall be revoked if
the parole violation is proved and a preponderance of the evidence
establishes that the parolee poses a danger to the safety of others.
If parole is not revoked, the conditions of parole may be modified to
include participation in a drug treatment program as provided in
subdivision (a). This paragraph does not apply to any parolee who at
the effective date of this act has been convicted of one or more
serious or violent felonies in violation of subdivision (c) of
Section 667.5 or Section 1192.7.
(D) If a parolee already on parole at the effective date of this
act violates that parole for the second time either by committing a
nonviolent drug possession offense, or by violating a drug-related
condition of parole, and the parole authority acts for a second time
to revoke parole, a hearing shall be conducted to determine whether
parole shall be revoked. If the alleged parole violation is proved,
the parolee may be reincarcerated or the conditions of parole may be
intensified to achieve the goals of drug treatment.
(e) The term "drug-related condition of parole" shall include a
parolee's specific drug treatment regimen, and, if ordered by the
Department of Corrections and Rehabilitation, Division of Adult
Parole Operations pursuant to this section, employment, vocational
training, educational programs, psychological counseling, and family
counseling.



3063.2. In a case where a parolee had been ordered to undergo drug
treatment as a condition of parole pursuant to Section 3063.1, any
drug testing of the parolee shall be used as a treatment tool. In
evaluating a parolee's treatment program, results of any drug testing
shall be given no greater weight than any other aspects of the
parolee's individual treatment program.



3063.5. In parole revocation or revocation extension proceedings, a
parolee or his or her attorney shall receive a copy of any police,
arrest, and crime reports, criminal history information, and child
abuse reports made pursuant to Sections 11166 and 11166.2 pertaining
to those proceedings. Portions of those reports containing
confidential information need not be disclosed if the parolee or his
or her attorney has been notified that confidential information has
not been disclosed. Portions of child abuse reports made pursuant to
Sections 11166 and 11166.2 containing identifying information
relating to the reporter shall not be disclosed. However, the parolee
or his or her attorney shall be notified that information relating
to the identity of the reporter has not been disclosed.



3063.6. Parole revocation proceedings and parole revocation
extension proceedings may be conducted by a panel of one person.



3064. From and after the suspension or revocation of the parole of
any prisoner and until his return to custody he is an escapee and
fugitive from justice and no part of the time during which he is an
escapee and fugitive from justice shall be part of his term.



3065. Except as otherwise provided in Section 1170.2 and Article 1
(commencing with Section 3000) of this chapter, the provisions of
this article are to apply to all prisoners serving sentence in the
state prisons on July 1, 1977, to the end that at all times the same
provisions relating to sentence, imprisonments and paroles of
prisoners shall apply to all the inmates thereof.



3066. Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to a parole hearing
or other adjudication concerning rights of an inmate or parolee
conducted by the Department of Corrections or the Board of Prison
Terms.



3067. (a) Any inmate who is eligible for release on parole pursuant
to this chapter shall agree in writing to be subject to search or
seizure by a parole officer or other peace officer at any time of the
day or night, with or without a search warrant and with or without
cause.
(b) Any inmate who does not comply with the provision of
subdivision (a) shall lose worktime credit earned pursuant to Article
2.5 (commencing with Section 2930) of Chapter 7 on a day-for-day
basis and shall not be released until he or she either complies with
the provision of subdivision (a) or has no remaining worktime credit,
whichever occurs earlier.
(c) This section shall only apply to an inmate who is eligible for
release on parole for an offense committed on or after January 1,
1997.
(d) It is not the intent of the Legislature to authorize law
enforcement officers to conduct searches for the sole purpose of
harassment.
(e) This section does not affect the power of the Director of
Corrections to prescribe and amend rules and regulations pursuant to
Section 5058.



3068. (a) The Department of Corrections shall operate the
Preventing Parolee Crime Program with various components, including,
at a minimum, residential and nonresidential multiservice centers,
literacy labs, drug treatment networks, and job placement assistance
for parolees.
(b) The Department of Corrections shall, commencing in the 1998-99
fiscal year, initiate an expansion of the program to parole units
now lacking some or all of the elements of the program, where doing
so would be cost-effective, as determined by the Director of
Corrections, to the extent that funding for the expansion becomes
available.
(c) In addition to the assignment by the Department of Corrections
of any other parolee to the Preventing Parolee Crime Program, the
parole authority may assign a conditionally released or paroled
prisoner to the Preventing Parolee Crime Program in lieu of the
revocation of parole. The parole authority shall not assign a
conditionally released or paroled prisoner to the Preventing Parolee
Crime Program in lieu of the revocation of parole if the person has
committed a parole violation involving a violent or serious felony.
A special condition of parole that requires the parolee to
participate in a live-in program shall not be imposed without a
hearing by the Board of Prison Terms.
(d) (1) The Department of Corrections, in consultation with the
Board of Prison Terms and the Legislative Analyst's office, shall,
contingent upon funding, contract with an independent consultant to
conduct an evaluation regarding the impact of an expansion of the
Preventing Parolee Crime Program to additional parole units on public
safety, parolee recidivism, and prison and parole costs, and report
the results to the Legislature on or before January 1, 2004.
(2) The Department of Corrections shall sample several parole
units in which the program has been added to examine the program's
impact upon the supervision, control, and sanction of parolees under
the jurisdiction of the sampled parole units. These results shall be
compared with a control group of comparable parole populations that
do not have Preventing Parolee Crime Program services.
(3) The report, whether in final or draft form, and all working
papers and data, shall be available for immediate review upon request
by the Legislative Analyst.
(4) The department in consultation with the Board of Prison Terms
shall submit a multiyear evaluation plan for the program to the
Legislature six months after an appropriation is made for the
evaluation provided for in paragraph (1).



3069. (a) The Department of Corrections and Rehabilitation is
hereby authorized to create the Parole Violation Intermediate
Sanctions (PVIS) program. The purpose of the program shall be to
improve the rehabilitation of parolees, reduce recidivism, reduce
prison overcrowding, and improve public safety through the use of
intermediate sanctions for offenders who violate parole. The PVIS
program will allow the department to provide parole agents an early
opportunity to intervene with parolees who are not in compliance with
the conditions of parole and facing return to prison. The program
will include key components used by drug and collaborative courts
under a highly structured model, including close supervision and
monitoring by a hearing officer, dedicated calendars, nonadversarial
proceedings, frequent appearances before the hearing officer,
utilization of incentives and sanctions, frequent drug and alcohol
testing, immediate entry into treatment and rehabilitation programs,
and close collaboration between the program, parole, and treatment to
improve offender outcomes. The program shall be local and community
based.
(b) As used in this section:
(1) "Department" means the Department of Corrections and
Rehabilitation.
(2) "Parole authority" means the Board of Parole Hearings.
(3) "Program" means the Parole Violation Intermediate Sanctions
program.
(c) (1) A parolee who is deemed eligible by the department to
participate in this program, and who would otherwise be referred to
the parole authority to have his or her parole revoked for a parole
violation shall be referred by his or her parole officer for
participation in the program in lieu of parole revocation.
(2) If the alleged violation of parole involves the commission of
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5, or
involves the control or use of a firearm, the parolee shall not be
eligible for referral to the program in lieu of revocation of parole.

(d) The department is authorized to establish local PVIS programs.
Each local program may have, but shall not be limited to, the
following characteristics:
(1) An assigned hearing officer who is a retired superior court
judge or commissioner and who is experienced in using the drug court
model and collaborative court model.
(2) The use of a dedicated calendar.
(3) Close coordination between the hearing officer, department,
counsel, community treatment and rehabilitation programs
participating in the program and adherence to a team approach in
working with parolees.
(4) Enhanced accountability through the use of frequent program
appearances by parolees in the program, at least one per month, with
more frequent appearances in the time period immediately following
the initial referral to the program and thereafter in the discretion
of the hearing officer.
(5) Reviews of progress by the parolee as to his or her treatment
and rehabilitation plan and abstinence from the use of drugs and
alcohol through progress reports provided by the parole agent as well
as all treatment and rehabilitation providers.
(6) Mandatory frequent drug and alcohol testing.
(7) Graduated in-custody sanctions may be imposed after a hearing
in which it is found the parolee failed treatment and rehabilitation
programs or continued in the use of drugs or alcohol while in the
program.
(8) A problemsolving focus and team approach to decisionmaking.
(9) Direct interaction between the parolee and the hearing
officer.
(10) Accessibility of the hearing officer to parole agents and
parole employees as well as treatment and rehabilitation providers.
(e) Upon successful completion of the program, the parolee shall
continue on parole, or be granted other relief as shall be determined
in the sole discretion of the department or as authorized by law.
(f) The department is authorized to develop the programs. The
parole authority is directed to convene in each county where the
programs are selected to be established, all local stakeholders,
including, but not limited to, a retired superior court judge or
commissioner, designated by the Administrative Office of the Courts,
who shall be compensated by the department at the present rate of pay
for retired judges and commissioners, local parole agents and other
parole employees, the district attorney, the public defender, an
attorney actively representing parolees in the county and a private
defense attorney designated by the public defenders association, the
county director of alcohol and drug services, behavioral health,
mental health, and any other local stakeholders deemed appropriate.
Specifically, persons directly involved in the areas of substance
abuse treatment, cognitive skills development, education, life
skills, vocational training and support, victim impact awareness,
anger management, family reunification, counseling, residential care,
placement in affordable housing, employment development and
placement are encouraged to be included in the meeting.
(g) The department, in consultation with local stakeholders, shall
develop a plan that is consistent with this section. The plan shall
address at a minimum the following components:
(1) The method by which each parolee eligible for the program
shall be referred to the program.
(2) The method by which each parolee is to be individually
assessed as to his or her treatment and rehabilitative needs and
level of community and court monitoring required, participation of
counsel, and the development of a treatment and rehabilitation plan
for each parolee.
(3) The specific treatment and rehabilitation programs that will
be made available to the parolees and the process to ensure that they
receive the appropriate level of treatment and rehabilitative
services.
(4) The criteria for continuing participation in, and successful
completion of, the program, as well as the criteria for termination
from the program and return to the parole revocation process.
(5) The development of a program team, as well as a plan for
ongoing training in utilizing the drug court and collaborative court
nonadversarial model.
(h) (1) If a parolee is referred to the program by his or her
parole agent, as specified in this section, the hearing officer in
charge of the local program to which the parolee is referred shall
determine whether the parolee will be admitted to the program.
(2) A parolee may be excluded from admission to the program if the
hearing officer determines that the parolee poses a risk to the
community or would not benefit from the program. The hearing officer
may consider the history of the offender, the nature of the
committing offense, and the nature of the violation. The hearing
officer shall state its findings, and the reasons for those findings,
on the record.
(3) If the hearing officer agrees to admit the parolee into the
program, any pending parole revocation proceedings shall be suspended
contingent upon successful completion of the program as determined
by the program hearing officer.
(i) A special condition of parole imposed as a condition of
admission into the program consisting of a residential program shall
not be established without a hearing in front of the hearing officer
in accordance with Section 3068 and regulations of the parole
authority. A special condition of parole providing an admission to
the program that does not consist of a residential component may be
established without a hearing.
(j) Implementation of this section by the department is subject to
the appropriation of funding for this purpose as provided in the
Budget Act of 2008, and subsequent budget acts.



3069.5. (a) The department, in consultation with the Legislative
Analyst's Office, shall, contingent upon funding, conduct an
evaluation of the PVIS program.
(b) A final report shall be due to the Legislature three years
after funding is provided pursuant to subdivision (h) of Section
3069. Until that date, the department shall report annually to the
Legislature, beginning January 1, 2009, regarding the status of
implementation of the PVIS program and the number of offenders
assigned and participating in the program in the preceding fiscal
year.


3070. The Department of Corrections shall develop and report,
utilizing existing resources, to the Legislature by December 31,
2000, a plan that would ensure by January 1, 2005, that all prisoners
and parolees who are substance abusers receive appropriate
treatment, including therapeutic community and academic programs.
The plan shall include a range of options, estimated capital outlay
and operating costs for the various options, and a recommended
prioritization, including which persons shall receive priority for
treatment, for phased implementation of the plan.



3071. The Department of Corrections shall implement, by January 1,
2002, a course of instruction for the training of parole officers in
California in the management of parolees who were convicted of
stalking pursuant to Section 646.9. The course shall include
instruction in the appropriate protocol for notifying and interacting
with stalking victims, especially in regard to a stalking offender's
release from parole.



3072. (a) The Department of Corrections and Rehabilitation, subject
to the legislative appropriation of the necessary funds, may
establish and operate, after January 1, 2007, a specialized ***
offender treatment pilot program for inmates whom the department
determines pose a high risk to the public of committing violent ***
crimes.
(b) (1) The program shall be based upon the relapse prevention
model and shall include referral to specialized services, such as
substance abuse treatment, for offenders needing those specialized
services.
(2) Except as otherwise required under Section 645, the department
may provide medication treatments for selected offenders, as
determined by medical protocols, and only on a voluntary basis and
with the offender's informed consent.
(c) (1) The program shall be targeted primarily at adult ***
offenders who meet the following conditions:
(A) The offender is within five years of being released on parole.
An inmate serving a life term may be excluded from treatment until
he or she receives a parole date and is within five years of that
parole date, unless the department determines that the treatment is
necessary for the public safety.
(B) The offender has been clinically assessed.
(C) A review of the offender's criminal history indicates that the
offender poses a high risk of committing new *** offenses upon his
or her release on parole.
(D) Based upon the clinical assessment, the offender may be
amenable to treatment.
(2) The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
(3) Notwithstanding any other provision of law, inmates who are
condemned to death or sentenced to life without the possibility of
parole are ineligible to participate in treatment.
(d) The program under this section shall be established with the
assistance and supervision of the staff of the department primarily
by obtaining the services of specially trained *** offender treatment
providers, as determined by the secretary of the department and the
Director of the Department of Mental Health.
(e) (1) The program under this section, upon full implementation,
shall provide for the treatment of inmates who are deemed to pose a
high risk to the public of committing *** crimes, as determined by
the State-Authorized Risk Assessment Tool for *** Offenders, pursuant
to Sections 290.04 to 290.06, inclusive.
(2) To the maximum extent that is practical and feasible,
offenders participating in the treatment program shall be held in a
separate area of the prison facility, segregated from any non-***
offenders held at the same prison, and treatment in the pilot program
shall be provided in program space segregated, to the maximum extent
that is practical and feasible, from program space for any non-***
offenders held at the same prison.
(f) (1) The Department of Mental Health, by January 1, 2012, shall
provide a report evaluating the program to the fiscal and public
safety policy committees of both houses of the Legislature, and to
the Joint Legislative Budget Committee.
(2) The report shall initially evaluate whether the program under
this section is operating effectively, is having a positive clinical
effect on participating *** offenders, and is cost effective for the
state.
(3) In conducting its evaluation, the Department of Mental Health
shall consider the effects of treatment of offenders while in prison
and while subsequently on parole.
(4) The Department of Mental Health shall advise the Legislature
as to whether the program should be continued past its expiration
date, expanded, or concluded.



3073. The Department of Corrections and Rehabilitation is hereby
authorized to obtain day treatment, and to contract for crisis care
services, for parolees with mental health problems. Day treatment and
crisis care services should be designed to reduce parolee recidivism
and the chances that a parolee will return to prison. The department
shall work with counties to obtain day treatment and crisis care
services for parolees with the goal of extending the services upon
completion of the offender's period of parole, if needed.
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3074. 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 a county to
provide for the supervision of parolees, and to provide educational,
vocational, family and personal counseling necessary to assist
parolees in the transition between imprisonment and discharge.



3075. (a) There is in each county a board of parole commissioners,
consisting of each of the following:
(1) The sheriff, or his or her designee, or, in a county with a
department of corrections, the director of that department.
(2) The probation officer, or his or her designee.
(3) A member, not a public official, to be selected from the
public by the presiding judge of the superior court.
(b) The public member of the county board of parole commissioners
or his or her alternate shall be entitled to his or her actual
traveling and other necessary expenses incurred in the discharge of
his or her duties. In addition, the public member or his or her
alternate shall be entitled to per diem at any rate that may be
provided by the board of supervisors. The public member or his or
her alternate shall hold office for a term of one year and in no
event for a period exceeding three consecutive years. The term shall
commence on the date of appointment.



3076. (a) The board may make, establish and enforce rules and
regulations adopted under this article.
(b) The board shall act at regularly called meetings at which
two-thirds of the members are present, and shall make and establish
rules and regulations in writing stating the reasons therefor under
which any prisoner who is confined in or committed to any county
jail, work furlough facility, industrial farm, or industrial road
camp, or in any city jail, work furlough facility, industrial farm,
or industrial road camp under a judgment of imprisonment or as a
condition of probation for any criminal offense, unless the court at
the time of committing has ordered that such prisoner confined as a
condition of probation upon conviction of a felony not be granted
parole, may be allowed to go upon parole outside of such jail, work
furlough facility, industrial farm, or industrial road camp, but to
remain, while on parole, in the legal custody and under the control
of the board establishing the rules and regulations for the prisoner'
s parole, and subject at any time to be taken back within the
enclosure of any such jail, work furlough facility, industrial farm,
or industrial road camp.
(c) The board shall provide a complete copy of its written rules
and regulations and reasons therefor and any amendments thereto to
each of the judges of the superior court of the county.
The board shall provide to the persons in charge of the county's
correctional facilities a copy of the sections of its written rules
and regulations and any amendments thereto which govern eligibility
for parole, and the name and telephone number of the person or agency
to contact for additional information. Such rules and regulations
governing eligibility either shall be conspicuously posted and
maintained within each county correctional facility so that all
prisoners have access to a copy, or shall be given to each prisoner.




3077. Whenever a prisoner is sentenced in one county and
incarcerated in another county, only the county in which he was
sentenced shall have jurisdiction to grant parole.



3078. (a) The board shall notify the sentencing judge of an inmate'
s application for parole.
(b) The sentencing judge may make a recommendation regarding such
application, and the board shall give careful consideration to such
recommendation.



3079. (a) No application for parole shall be granted or denied
except by a vote of the board at a meeting at which a quorum of its
members are present. This paragraph shall not be applied to the
denial of applicants who are ineligible by order of the superior
court, or to the granting of parole in emergency situations.
(b) An applicant shall be permitted to appear and speak on his
behalf at the meeting at which his application is considered by the
board.


3080. If any paroled prisoner leaves the county in which he is
imprisoned without permission from the board granting his parole, he
shall be arrested as an escaped prisoner and held as such.



3081. (a) Each county board may retake and imprison any prisoner
upon parole granted under the provisions of this article.
(b) Each county board may release any prisoner on parole for a
term not to exceed two years upon those conditions and under those
rules and regulations as may seem fit and proper for his or her
rehabilitation, and should the prisoner so paroled violate any of the
conditions of his or her parole or any of the rules and regulations
governing his or her parole, he or she shall, upon order of the
parole commission, be returned to the jail from which he or she was
paroled and be confined therein for the unserved portion of his or
her sentence.
(c) The written order of each county board shall be a sufficient
warrant for all officers named therein to authorize them, or any of
them, to return to actual custody any conditionally released or
paroled prisoner. All chiefs of police, marshals of cities,
sheriffs, and all other police and peace officers of this state shall
execute any such order in like manner as ordinary criminal process.

(d) In computing the unserved sentence of a person returned to
jail because of the revocation of his or her parole no credit shall
be granted for the time between his or her release from jail on
parole and his or her return to jail because of the revocation of his
or her parole.



3082. Each county board may make and establish written rules and
regulations for the unconditional release of and may unconditionally
release any prisoner who is an alien and who voluntarily consents to
return or to be returned to his native land and who actually returns
or is returned thereto. The necessary expenses of the transportation
of such alien prisoner and officers or attendants in charge of such
prisoner, may be paid by the county, upon order of the board of
supervisors authorizing or ratifying the return of the prisoner at
the expense of the county.



3083. Whenever the board designates deputies to serve as temporary
commissioners in considering applications for parole of prisoners,
such temporary commissioners or deputies may also exercise all the
powers granted by this article relative to the unconditional release
of alien prisoners.


3084. Each county board may release to the State Department of
Corrections for return to a state prison or correctional institution
any county or city jail inmate who is a state parole violator, when
notified by the Board of Prison Terms.




3085. The members of the board may for the purpose of considering
applications for parole of prisoners from city or county jails, or
industrial farms, or work furlough facilities, or industrial road
camps, designate deputies of their respective offices to serve for
them as temporary commissioners when they are unable to serve.




3086. Each county board shall not require, when setting terms or
discharge dates, an admission of guilt to any crime for which an
inmate was committed.


3087. No prisoner shall be paroled without supervision.



3088. A prisoner who is released on parole pursuant to this article
shall be supervised by a county parole officer of the county board
of parole commissioners.



3089. (a) A county parole officer who is not a peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, is a public officer who works at the direction of the County
Board of Parole Commissioners, as provided for in Section 3075, and
is responsible for supervising prisoners released on parole by the
board.
(b) A county parole officer who is a public officer, as defined in
subdivision (a), shall have no right to carry or possess firearms in
the performance of his or her prescribed duties.
(c) A county parole officer, as defined in subdivision (a), shall
comply with the standards for selection and training established by
the Board of Corrections pursuant to Section 6035.

PRISON TO EMPLOYMENT

3105. The Department of Corrections and Rehabilitation shall
develop an Inmate Treatment and Prison-to-Employment Plan. The plan
should evaluate and recommend changes to the Governor and the
Legislature regarding current inmate education, treatment, and
rehabilitation programs to determine whether the programs provide
sufficient skills to inmates that will likely result in their
successful employment in the community, and reduce their chances of
returning to prison after release to parole. The department shall
report the status of the development of the plan on or before October
1, 2007, again on or before January 15, 2008, and shall submit the
final plan by April 1, 2008. The department may use resources of
other state or local agencies, academic institutions, and other
research organizations as necessary to develop the plan.

IMPRISONMENT OF FEMALE PRISONERS IN STATE
INSTITUTIONS

ESTABLISHMENT OF INSTITUTION FOR WOMEN

3200. There is and shall continue to be within the State an
institution for the punishment, treatment, supervision, custody and
care of females convicted of felonies to be known as "The California
Institution for Women."


3201. The purpose of said institution shall be to provide custody,
care, protection, industrial, vocational, and other training, and
reformatory help, for women confined therein.



3202. As used in the sections of this Part 3 of the Penal Code
providing for penal offenses and punishments therefor, the term
"State prison" or "prison" shall refer to and include the California
Institution for Women.

ADMINISTRATION OF INSTITUTION
Administration of Institution for Women
3325. The warden described in this chapter shall, subject to the
control of the director, have those powers, perform those duties and
exercise those functions, respecting females convicted of felonies,
as the wardens now exercise over male prisoners.



3326. The department is authorized to provide the necessary
facilities, equipment, and personnel to operate a commissary at any
institution under its jurisdiction for the sale of toilet articles,
candy, gum, notions, and other sundries.

PRISONERS



3400. Upon the commitment or transfer of any woman to the
institution it shall be the duty of the officer having custody of her
or required to take custody of her, to deliver her to said
institution, receiving therefor the fees payable for the
transportation of prisoners to the state prisons. Such officer shall
at the same time deliver to said institution a certified abstract of
the judgment of conviction and of the order of commitment or order
of transfer. Every woman so committed or transferred under this act
shall be accompanied by a woman attendant from the place of
commitment or transfer until delivered to said institution.




3402. There shall be kept at said institution a record of the
history and progress of every woman confined therein during the
period of her confinement, and so far as practically possible, prior
and subsequent thereto, and all judges, courts, officials and
employees, district attorneys, sheriffs, chiefs of police and peace
officers, shall furnish said institution with all data in their
possession or knowledge relative to any inmate that said institution
may request. If upon the arrest of any woman it be discovered that
she was theretofore an inmate of said institution, the institution
shall be promptly notified of her arrest.


3403. Every woman upon being committed to said institution shall be
examined mentally and physically, and shall be given the care,
treatment and training adapted to her particular condition. Such
care, treatment and training shall be along the lines best suited to
develop her mentality, character and industrial capacity; provided,
however, no inmate shall be confined longer than the term of her
commitment.



3404. When there is any reasonable grounds to believe that a
prisoner may be forcibly removed from the California Institution for
Women, the warden shall report the fact to the Governor, who may
order the removal of the prisoner to any California State prison for
safekeeping, and it is hereby made the duty of the warden of the
prison to accept and detain the prisoner for the further execution of
her sentence. The Governor may thereafter order the prisoner
returned to the California Institution for Women for the further
execution of her sentence according to law.
The necessary costs and expenses incurred in carrying out the
provisions of this section shall be a proper charge against any fund
hereafter appropriated as an emergency fund, or similar appropriation
for contingencies, notwithstanding any limitations or restrictions
that may be imposed upon the expenditure of any appropriation.



3405. No condition or restriction upon the obtaining of an abortion
by a prisoner, pursuant to the Therapeutic Abortion Act (Article 2
(commencing with Section 123400) of Chapter 2 of Part 2 of Division
106 of the Health and Safety Code), other than those contained in
that act, shall be imposed. Prisoners found to be pregnant and
desiring abortions, shall be permitted to determine their eligibility
for an abortion pursuant to law, and if determined to be eligible,
shall be permitted to obtain an abortion.
The rights provided for females by this section shall be posted in
at least one conspicuous place to which all female prisoners have
access.



3406. Any female prisoner shall have the right to summon and
receive the services of any physician and surgeon of her choice in
order to determine whether she is pregnant. The warden may adopt
reasonable rules and regulations with regard to the conduct of
examinations to effectuate this determination.
If the prisoner is found to be pregnant, she is entitled to a
determination of the extent of the medical services needed by her and
to the receipt of these services from the physician and surgeon of
her choice. Any expenses occasioned by the services of a physician
and surgeon whose services are not provided by the institution shall
be borne by the prisoner.
Any physician providing services pursuant to this section shall
possess a current, valid, and unrevoked certificate to engage in the
practice of medicine issued pursuant to Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The rights provided for prisoners by this section shall be posted
in at least one conspicuous place to which all female prisoners have
access.


3409. (a) Any woman inmate shall upon her request be allowed to
continue to use materials necessary for (1) personal hygiene with
regard to her menstrual cycle and reproductive system and (2) birth
control measures as prescribed by her physician.
(b) Each and every woman inmate shall be furnished by the
department with information and education regarding the availability
of family planning services.
(c) Family planning services shall be offered to each and every
woman inmate at least 60 days prior to a scheduled release date.
Upon request any woman inmate shall be furnished by the department
with the services of a licensed physician or she shall be furnished
by the department or by any other agency which contracts with the
department with services necessary to meet her family planning needs
at the time of her release.

COMMUNITY TREATMENT PROGRAMS


3410. The term "community" shall, for the purposes of this chapter,
mean an environment away from the prison setting which is in an
urban or suburban area.


3411. The Department of Corrections shall on or before January 1,
1980, establish and implement a community treatment program under
which women inmates sentenced to state prison pursuant to Section
1168 or 1170 who have one or more children under the age of six
years, whether born prior to or after January 1, 1976, shall be
eligible to participate within the provisions of this section. The
community treatment program shall provide for the release of the
mother and child or children to a public or private facility in the
community suitable to the needs of the mother and child or children,
and which will provide the best possible care for the mother and
child. In establishing and operating such program, the department
shall have as a prime concern the establishment of a safe and
wholesome environment for the participating children.



3412. (a) The Department of Corrections shall provide pediatric
care consistent with medical standards and, to the extent feasible,
shall be guided by the need to provide the following:
(1) A stable, caregiving, stimulating environment for the children
as developed and supervised by professional guidance in the area of
child development.
(2) Programs geared to assure the stability of the parent-child
relationship during and after participation in the program, to be
developed and supervised by appropriate professional guidance. These
programs shall, at a minimum, be geared to accomplish the following:

(A) The mother's mental stability.
(B) The mother's familiarity with good parenting and housekeeping
skills.
(C) The mother's ability to function in the community, upon parole
or release, as a viable member.
(D) The securing of adequate housing arrangements after
participation in the program.
(E) The securing of adequate child care arrangements after
participation in the program.
(3) Utilization of the least restrictive alternative to
incarceration and restraint possible to achieve the objectives of
correction and of this chapter consistent with public safety and
justice.
(b) (1) The Department of Corrections shall ensure that the
children and mothers residing in a community treatment program have
access to, and are permitted by the community treatment program to
participate in, available local Head Start, Healthy Start, and
programs for early childhood development pursuant to the California
Children and Families Program (Division 108 (commencing with Section
130100) of the Health and Safety Code).
(2) The community treatment program shall provide each mother with
written information about the available local programs, including
the telephone numbers for enrolling a child in a program.
(3) The community treatment program shall also provide
transportation to program services and otherwise assist and
facilitate enrollment and participation for eligible children.
(4) Nothing in this subdivision shall be construed as granting or
requiring preferential access or enrollment for children of
incarcerated mothers to any of the programs specified in this
subdivision.



3413. In determining how to implement this chapter, the Department
of Corrections shall be guided by the need to utilize the most
cost-efficient methods possible. Therefore, the Director of
Corrections may enter into contracts, with the approval of the
Director of General Services, with appropriate public or private
agencies, to provide housing, sustenance, services as provided in
subdivisions (a) and (b) of Section 3412, and supervision for such
inmates as are eligible for placement in community treatment
programs. Prisoners in the care of such agencies shall be subject to
all provisions of law applicable to them.



3414. The department shall establish reasonable rules and
regulations concerning the operation of the program.



3415. (a) The probation department shall, no later than the day
that any woman is sentenced to the state prison, notify such woman of
the provisions of this chapter, if the term of the state
imprisonment does not exceed six years on the basis of either the
probable release or parole date computed as if the maximum amount of
good time credit would be granted. The probation department shall
determine such term of state imprisonment at such time for the
purposes of this section.
(b) The woman may, upon the receipt of such notice and upon
sentencing to a term in state prison, give notice of her desire to be
admitted to a program under this chapter. The probation department
or the defendant shall transmit such notice to the Department of
Corrections, and to the appropriate local social services agency that
conducts investigations for child neglect and dependency hearings.




3416. (a) If any woman received by or committed to the Department
of Corrections has a child under six years of age, or gives birth to
a child while an inmate under the jurisdiction of the Department of
Corrections, the child and his or her mother shall, upon her request,
be admitted to and retained in a community treatment program
established by the Department of Corrections, subject to the
provisions of this chapter.
(b) Women transferred to community treatment programs remain under
the legal custody of the department and shall be subject at any
time, pursuant to the rules and regulations of the Director of
Corrections, to be detained in the county jail upon the exercise of a
state parole or correctional officer's peace officer powers as
specified in Section 830.5, with the consent of the sheriff or
corresponding official having jurisdiction over the facility.




3417. (a) Subject to reasonable rules and regulations adopted
pursuant to Section 3414, the Department of Corrections shall admit
to the program any applicant whose child was born prior to the
receipt of the inmate by the department, whose child was born after
the receipt of the inmate by the department, or who is pregnant, if
all of the following requirements are met:
(1) The applicant has a probable release or parole date with a
maximum time to be served of six years, calculated after deduction of
any possible good time credit.
(2) The applicant was the primary caretaker of the infant prior to
incarceration. "Primary caretaker" as used in this chapter means a
parent who has consistently assumed responsibility for the housing,
health, and safety of the child prior to incarceration. A parent
who, in the best interests of the child, has arranged for temporary
care for the child in the home of a relative or other responsible
adult shall not for that reason be excluded from the category,
"primary caretaker."
(3) The applicant had not been found to be an unfit parent in any
court proceeding. An inmate applicant whose child has been declared
a dependent of the juvenile court pursuant to Section 300 of the
Welfare and Institutions Code shall be admitted to the program only
after the court has found that participation in the program is in the
child's best interest and that it meets the needs of the parent and
child pursuant to paragraph (3) of subdivision (e) of Section 361.5
of the Welfare and Institutions Code. The fact that an inmate
applicant's child has been found to come within Section 300 of the
Welfare and Institutions Code shall not, in and of itself, be grounds
for denying the applicant the opportunity to participate in the
program.
(b) The Department of Corrections shall deny placement in the
community treatment program if it determines that an inmate would
pose an unreasonable risk to the public, or if any one of the
following factors exist, except in unusual circumstances or if
mitigating circumstances exist, including, but not limited to, the
remoteness in time of the commission of the offense:
(1) The inmate has been convicted of any of the following:
(A) A *** offense listed in Section 667.6.
(B) A *** offense requiring registration pursuant to Section 290.

(C) A violent offense listed in subdivision (c) of Section 667.5.

(D) Arson as defined in Sections 450 to 455, inclusive.
(E) The unlawful sale or possession for sale, manufacture, or
transportation of controlled substances as defined in Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code, if large scale for profit as defined by the department.

(2) There is probability the inmate may abscond from the program
as evidenced by any of the following:
(A) A conviction of escape, of aiding another person to escape, or
of an attempt to escape from a jail or prison.
(B) The presence of an active detainer from a law enforcement
agency, unless the detainer is based solely upon warrants issued for
failure to appear on misdemeanor Vehicle Code violations.
(3) It is probable the inmate's conduct in a community facility
will be adverse to herself or other participants in the program, as
determined by the Director of Corrections or as evidenced by any of
the following:
(A) The inmate's removal from a community program which resulted
from violation of state laws, rules, or regulations governing
Department of Corrections' inmates.
(B) A finding of the inmate's guilt of a serious rule violation,
as defined by the Director of Corrections, which resulted in a credit
loss on one occasion of 91 or more days or in a credit loss on more
than one occasion of 31 days or more and the credit has not been
restored.
(C) A current written opinion of a staff physician or psychiatrist
that the inmate's medical or psychiatric condition is likely to
cause an adverse effect upon the inmate or upon other persons if the
inmate is placed in the program.
(c) Nothing in this section shall be interpreted to limit the
discretion of the Director of Corrections to deny or approve
placement when subdivision (b) does not apply.
(d) The Department of Corrections shall determine if the applicant
meets the requirements of this section within 30 days of the parent'
s application to the program. The department shall establish an
appeal procedure for the applicant to appeal an adverse decision by
the department.


3418. (a) In the case of any inmate who gave birth to a child after
the date of sentencing, and in the case of any inmate who gave birth
to a child prior to that date and meets the requirements of Section
3417 but has not yet made application for admission to a program, the
department shall, at the earliest possible date, but in no case
later than the birth of the child, or the receipt of the inmate to
the custody of the Department of Corrections, as the case may be,
notify the inmate of the provisions of this chapter and provide her
with a written application for the program described in this chapter.

(b) The notice provided by the department shall contain, but need
not be limited to, guidelines for qualification for, and the
timeframe for application to, the program and the process for
appealing a denial of admittance.



3419. (a) In the case of any inmate who gives birth after her
receipt by the Department of Corrections and Rehabilitation, the
department shall, subject to reasonable rules and regulations
promulgated pursuant to Section 3414, provide notice of, and a
written application for, the program described in this chapter, and
upon her request, declare the inmate eligible to participate in a
program pursuant to this chapter if all of the requirements of
Section 3417 are met.
(b) The notice provided by the department shall contain, but need
not be limited to, guidelines for qualification for, and the
timeframe for application to, the program and the process for
appealing a denial of admittance.
(c) Any community treatment program, in which an inmate who gives
birth after her receipt by the Department of Corrections and
Rehabilitation participates, shall include, but is not limited to,
the following:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(4) Infant care.


3420. (a) Within five days after the receipt of an inmate by the
Department of Corrections who has already applied for admission to a
program, or of her application for admission to a program, whichever
is later, the department shall give notice of her application to the
child's current caretaker or guardian, if any, and if it has not
already been notified pursuant to Section 3415, the appropriate local
social services agency that conducts investigations for child
neglect and dependency hearings.
(b) The department and the individuals and agencies notified shall
have five days from the date of notice to decide whether or not to
challenge the appropriateness of the applicant's entry into the
program. Lack of a petition filed by that time shall result in a
presumption that the individuals and agencies notified do not
challenge the appropriateness of the applicant's entry into the
program.
(c) The local agency which has been notified pursuant to Section
3415 shall not initiate the process of considering whether or not to
file until after the sentencing court has sentenced the applicant.
(d) The appropriate local agency that conducts investigations for
child neglect and dependency hearings, the Department of Corrections,
and the current guardian or caretaker of the child, shall have the
authority to file for a fitness proceeding against the mother after
the mother has applied in writing to participate in the program.
(e) The determination of whether or not to file shall be based in
part on the likelihood of the mother being a fit parent for the child
in question both during the program and afterwards. Program content
shall be taken into account in this determination. There shall be a
presumption affecting the burden of producing evidence in favor of
filing for a fitness proceeding under the following circumstances:
(1) The applicant was convicted of one or more of the following
violent felonies:
(A) Murder.
(B) Mayhem.
(C) Aggravated mayhem.
(D) Kidnapping as defined in Section 207 or 209.
(E) Lewd acts on a child under 14 as defined in Section 288.
(F) Any felony in which the defendant inflicts great bodily injury
on a person other than accomplices which has been alleged and
proven.
(G) Forcible rape in violation of subdivision (2), (3), or (4) of
Section 261.
(H) Sodomy by force, violence, duress, menace, or threat of great
bodily injury.
(I) Oral copulation by force, violence, duress, menace, or threat
of great bodily injury.
(2) The applicant was convicted of child abuse in the current or
any proceeding.
(f) Fitness petitions shall be resolved in the court of first
instance as soon as possible for purposes of this section. Given the
need to place the child as soon as possible, the first determination
by the court as to the applicant's fitness as a mother shall
determine her eligibility for the program for the current
application. Outcomes of appeals shall not affect eligibility.



3421. Children of women inmates may only participate in the program
until they reach the age of six years, at which time the Board of
Prison Terms may arrange for their care elsewhere under any procedure
authorized by statute and transfer the mother to another placement
under the jurisdiction of the Department of Corrections if necessary;
and provided further, that at its discretion in exceptional cases,
including, but not limited to cases where the mother's period of
incarceration is extended, the board may retain such child and mother
for a longer period of time.



3422. The costs for care of any mother and child placed in a
community treatment program pursuant to this section shall be paid
for out of funds allocated to the department in the normal budgetary
process. The department shall make diligent efforts to procure other
funding sources for the program.



3423. Any woman inmate who would give birth to a child during her
term of imprisonment may be temporarily taken to a hospital outside
the prison for the purposes of childbirth, and the charge for
hospital and medical care shall be charged against the funds
allocated to the institution. The inmate shall not be shackled by the
wrists, ankles, or both during labor, including during transport to
a hospital, during delivery, and while in recovery after giving
birth, except as provided in Section 5007.7. The board shall provide
for the care of any children so born and shall pay for their care
until suitably placed, including, but not limited to, placement in a
community treatment program.



3424. A woman who is pregnant during her incarceration and who is
not eligible for the program described in this chapter shall have
access to complete prenatal health care. The department shall
establish minimum standards for pregnant inmates in its custody who
are not placed in a community treatment program including all of the
following:
(a) A balanced, nutritious diet approved by a doctor.
(b) Prenatal and postpartum information and health care,
including, but not limited to, access to necessary vitamins as
recommended by a doctor.
(c) Information pertaining to childbirth education and infant
care.
(d) A dental cleaning while in a state facility.
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GENDER RESPONSIVE PROGRAMS

3430. The Department of Corrections and Rehabilitation shall do all
of the following:
(a) Create a Female Offender Reform Master Plan, and shall present
this plan to the Legislature by March 1, 2008.
(b) Create policies and operational practices that are designed to
ensure a safe and productive institutional environment for female
offenders.
(c) Contract with nationally recognized gender responsive experts
in prison operational practices staffing, classification, substance
abuse, trauma treatment services, mental health services,
transitional services, and community corrections to do both of the
following:
(1) Conduct a staffing analysis of all current job classifications
assigned to each prison that houses only females. The department
shall provide a plan to the Legislature by March 1, 2009, that
incorporates those recommendations and details the changes that are
needed to address any identified unmet needs of female inmates.
(2) Develop programs and training for department staff in
correctional facilities.
(d) Create a gender responsive female classification system.
(e) Create a gender responsive staffing pattern for female
institutions and community-based offender beds.
(f) Create a needs-based case and risk management tool designed
specifically for female offenders. This tool shall include, but not
be limited to, an assessment upon intake, and annually thereafter,
that gauges an inmate's educational and vocational needs, including
reading, writing, communication, and arithmetic skills, health care
needs, mental health needs, substance abuse needs, and
trauma-treatment needs. The initial assessment shall include
projections for academic, vocational, health care, mental health,
substance abuse, and trauma-treatment needs, and shall be used to
determine appropriate programming and as a measure of progress in
subsequent assessments of development.
(g) Design and implement evidence-based gender specific
rehabilitative programs, including "wraparound" educational, health
care, mental health, vocational, substance abuse and trauma treatment
programs that are designed to reduce female offender recidivism.
These programs shall include, but not be limited to, educational
programs that include academic preparation in the areas of verbal
communication skills, reading, writing, arithmetic, and the
acquisition of high school diplomas and GEDs, and vocational
preparation, including counseling and training in marketable skills,
and job placement information.
(h) Build and strengthen systems of family support and family
involvement during the period of the female's incarceration.
(i) Establish a family service coordinator at each prison that
houses only females.
BIOMEDICAL AND BEHAVIORIAL RESEARCH
DEFINITIONS
3500. For purposes of this title:
(a) "Behaviorial research" means studies involving, but not
limited to, the investigation of human behavior, emotion, adaptation,
conditioning, and response in a program designed to test certain
hypotheses through the collection of objective data. Behavioral
research does not include the accumulation of statistical data in the
assessment of the effectiveness of programs to which inmates are
routinely assigned, such as, but not limited to, education,
vocational training, productive work, counseling, recognized
therapies, and programs which are not experimental in nature.
(b) "Biomedical research" means research relating to or involving
biological, medical, or physical science.
(c) "Psychotropic drug" means any drug that has the capability of
changing or controlling mental functioning or behavior through direct
pharmacological action. Such drugs include, but are not limited to,
antipsychotic, antianxiety, sedative, antidepressant, and stimulant
drugs. Psychotropic drugs also include mind-altering and
behavior-altering drugs which, in specified dosages, are used to
alleviate certain physical disorders, and drugs which are ordinarily
used to alleviate certain physical disorders but may, in specified
dosages, have mind-altering or behavior-altering effects.
(d) "Research" means a class of activities designed to develop or
contribute to generalizable knowledge such as theories, principles,
or relationships, or the accumulation of data on which they may be
based, that can be corroborated by accepted scientific observation
and inferences.
(e) "Research protocol" means a formal document setting forth the
explicit objectives of a research project and the procedures of
investigation designed to reach those objectives.
(f) "Phase I drug" means any drug which is designated as a phase I
drug for testing purposes under the federal Food and Drug
Administration criteria in Section 312.1 of Title 21 of the Code of
Federal Regulations.

GENERAL PROVISIONS AND PROHIBITIONS



3501. The Legislature affirms the fundamental right of competent
adults to make decisions about their participation in behavioral
research.


3502. Except as provided in Section 1706 of the Welfare and
Institutions Code, no biomedical research shall be conducted on any
prisoner in this state.


3502.5. (a) Notwithstanding Section 3502, any physician who
provides medical care to prisoners may provide a patient who is a
prisoner with a drug or treatment available only through a treatment
protocol or treatment IND (investigational new drug), as defined in
Section 312 of Title 21 of the Code of Federal Regulations, if the
physician determines that access to that drug is in the best medical
interest of the patient, and the patient has given informed consent
under Section 3521.
(b) Notwithstanding any other provision of law, neither a public
entity nor a public employee shall be liable for any injury caused by
the administration of a drug pursuant to subdivision (a), where the
administration is made in accordance with a treatment IND or a
treatment protocol as defined in Section 312 of Title 21 of the Code
of Federal Regulations.



3504. Any physical or mental injury of a prisoner resulting from
the participation in behavioral research, irrespective of causation
of such injury, shall be treated promptly and on a continuing basis
until the injury is cured.


3505. Behavioral research shall be limited to studies of the
possible causes, effects and processes of incarceration and studies
of prisons as institutional structures or of prisoners as
incarcerated persons which present minimal or no risk and no more
than mere inconvenience to the subjects of the research. Informed
consent shall not be required for participation in behavioral
research when the department determines that it would be unnecessary
or significantly inhibit the conduct of such research. In the
absence of such determination, informed consent shall be required for
participation in behavioral research.



3508. Behavioral modification techniques shall be used only if such
techniques are medically and socially acceptable means by which to
modify behavior and if such techniques do not inflict permanent
physical or psychological injury.


3509.5. Nothing in this title is intended to diminish the authority
of any official or agency to adopt and enforce rules pertaining to
prisoners, so long as such rules are not inconsistent with this
title.


ADMINISTRATION

3515. The duties of the department are to determine:
(a) That the risks to the prisoners consenting to research are
outweighed by the sum of benefits to the prisoners and the importance
of the knowledge to be gained.
(b) That the rights and welfare of the prisoners are adequately
protected, including the security of any confidential personal
information.
(c) That the procedures for selection of prisoners are equitable
and that subjects are not unjustly deprived of the opportunity to
participate.
(d) That adequate provisions have been made for compensating
research related injury.
(e) That the rate of remuneration is comparable to that received
by nonprisoner volunteers in similar research.
(f) That the conduct of the activity will be reviewed at timely
intervals.
(g) That legally effective informed consent will be obtained by
adequate and appropriate methods.



3516. No behavioral research shall be conducted on any prisoner in
this state in the absence of a determination by the department
consistent with this title.


3517. The department shall promulgate rules and regulations
reasonably necessary for the effective administration of the
provisions of this title. Action on proposals submitted shall be
taken within 60 days. The regulations shall be submitted to the
Joint Legislative Prison Committee for review and shall not become
operative until 60 days after submission.



3518. The department shall promulgate rules and regulations
prescribing procedures to be followed by any person who has a
grievance concerning the operation of any particular research program
conducted pursuant to this title.


3519. The department shall evaluate the impact of research on human
subjects approved and conducted pursuant to this title, including
any adverse reactions.


3520. The department shall make a report due on or before January 1
of each odd-numbered year containing a review of each research
program which has been approved and conducted. The report shall be
transmitted to the Legislature and shall be made available to the
public.

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PRISONERS' RIGHTS AS RESEARCH SUBJECTS


3521. For the purposes of this title, a prisoner shall be deemed to
have given his informed consent only if each of the following
conditions are satisfied:
(a) Consent is given without duress, coercion, fraud, or undue
influence.
(b) The prisoner is informed in writing of the potential risks or
benefits, or both, of the proposed research.
(c) The prisoner is informed orally and in writing in the language
in which the subject is fluent of each of the following:
(1) An explanation of the biomedical or behavioral research
procedures to be followed and their purposes, including
identification of any procedures which are experimental.
(2) A description of all known attendant discomfort and risks
reasonably to be expected.
(3) A disclosure of any appropriate alternative biomedical or
behavioral research procedures that might be advantageous for the
subject.
(4) The nature of the information sought to be gained by the
experiment.
(5) The expected recovery time of the subject after completion of
the experiment.
(6) An offer to answer any inquiries concerning the applicable
biomedical or behavioral research procedures.
(7) An instruction that the person is free to withdraw his consent
and to discontinue participation in the research at any time without
prejudice to the subject.


3522. At the time of furnishing a prisoner the writing required by
subdivision (b) of Section 3521, the prisoner shall also be given
information as to (a) the amount of remuneration the prisoner will
receive for the research and (b) the manner in which the prisoner may
obtain prompt treatment for any research-related injuries. Such
information shall be provided in writing on a form to be retained by
the prisoner.



3523. The amount of such remuneration shall be comparable to that
which is paid to nonprisoner volunteers in similar research.
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REMEDIES


3524. (a) A prisoner may maintain an action for injury to such
prisoner, including physical or mental injury, or both, caused by the
wrongful or negligent act of a person during the course of the
prisoner's participation in biomedical or behavioral research
conducted pursuant to this title.
(b) In any action pursuant to this section, such damages may be
awarded as under all of the circumstances of the case may be just.
(c) When the death of a prisoner is caused by the wrongful act or
neglect of another, his or her heirs or personal representatives on
their behalf may maintain an action for damages against the person
causing the death, or if dead, such person's personal
representatives.
(d) If an action arising out of the same wrongful act or neglect
may be maintained pursuant to subdivision (c) for wrongful death to
any such prisoner, the action authorized by subdivision (a) shall be
consolidated therewith for trial on motion of any interested party.
(e) For the purposes of this section, "heirs" mean only the
following:
(1) Those persons who would be entitled to succeed to the property
of the decedent according to the provisions of Part 2 (commencing
with Section 6400) of Division 6 of the Probate Code, and
(2) Whether or not qualified under paragraph (1), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, and parents. As used in this
paragraph, "putative spouse" means the surviving spouse of a void or
voidable marriage who is found by the court to have believed in good
faith that the marriage to the decedent was valid.

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EXECUTION OF DEATH PENALTY
EXECUTING DEATH PENALTY
3600. (a) Every male person, upon whom has been imposed the
judgment of death, shall be delivered to the warden of the California
state prison designated by the department for the execution of the
death penalty, there to be kept until the execution of the judgment,
except as provided in subdivision (b).
(b) Notwithstanding any other provision of law:
(1) A condemned inmate who, while in prison, commits any of the
following offenses, or who, as a member of a gang or disruptive
group, orders others to commit any of these offenses, may, following
disciplinary sanctions and classification actions at San Quentin
State Prison, pursuant to regulations established by the Department
of Corrections, be housed in secure condemned housing designated by
the Director of Corrections, at the California State Prison,
Sacramento:
(A) Homicide.
(B) Assault with a weapon or with physical force capable of
causing serious or mortal injury.
(C) Escape with force or attempted escape with force.
(D) Repeated serious rules violations that substantially threaten
safety or security.
(2) The condemned housing program at California State Prison,
Sacramento, shall be fully operational prior to the transfer of any
condemned inmate.
(3) Specialized training protocols for supervising condemned
inmates shall be provided to those line staff and supervisors at the
California State Prison, Sacramento, who supervise condemned inmates
on a regular basis.
(4) An inmate whose medical or mental health needs are so critical
as to endanger the inmate or others may, pursuant to regulations
established by the Department of Corrections, be housed at the
California Medical Facility or other appropriate institution for
medical or mental health treatment. The inmate shall be returned to
the institution from which the inmate was transferred when the
condition has been adequately treated or is in remission.
(c) When housed pursuant to subdivision (b) the following shall
apply:
(1) Those local procedures relating to privileges and
classification procedures provided to Grade B condemned inmates at
San Quentin State Prison shall be similarly instituted at California
State Prison, Sacramento, for condemned inmates housed pursuant to
paragraph (1) of subdivision (b) of Section 3600. Those
classification procedures shall include the right to the review of a
classification no less than every 90 days and the opportunity to
petition for a return to San Quentin State Prison.
(2) Similar attorney-client access procedures that are afforded
to condemned inmates housed at San Quentin State Prison shall be
afforded to condemned inmates housed in secure condemned housing
designated by the Director of Corrections, at the California State
Prison, Sacramento. Attorney-client access for condemned inmates
housed at an institution for medical or mental health treatment shall
be commensurate with the institution's visiting procedures and
appropriate treatment protocols.
(3) A condemned inmate housed in secure condemned housing pursuant
to subdivision (b) shall be returned to San Quentin State Prison at
least 60 days prior to his scheduled date of execution.
(4) No more than 15 condemned inmates may be rehoused pursuant to
paragraph (1) of subdivision (b).
(d) Prior to any relocation of condemned row from San Quentin
State Prison, whether proposed through legislation or any other
means, all maximum security Level IV, 180-degree housing unit
facilities with an electrified perimeter shall be evaluated by the
Department of Corrections for suitability for the secure housing and
execution of condemned inmates.


3601. Every female person, upon whom has been imposed the judgment
of death, shall be delivered to the warden of the Central California
Women's Facility, there to be held pending decision upon appeal.



3602. Upon the affirmance of her appeal, the female person
sentenced to death shall thereafter be delivered to the warden of the
California state prison designated by the department for the
execution of the death penalty, not earlier than three days before
the day upon which judgment is to be executed; provided, however,
that in the event of a commutation of sentence said female prisoner
shall be returned to the Central California Women's Facility, there
to be confined pursuant to such commutation.



3603. The judgment of death shall be executed within the walls of
the California State Prison at San Quentin.



3604. (a) The punishment of death shall be inflicted by the
administration of a lethal gas or by an intravenous injection of a
substance or substances in a lethal quantity sufficient to cause
death, by standards established under the direction of the Department
of Corrections.
(b) Persons sentenced to death prior to or after the operative
date of this subdivision shall have the opportunity to elect to have
the punishment imposed by lethal gas or lethal injection. This
choice shall be made in writing and shall be submitted to the warden
pursuant to regulations established by the Department of Corrections.
If a person under sentence of death does not choose either lethal
gas or lethal injection within 10 days after the warden's service
upon the inmate of an execution warrant issued following the
operative date of this subdivision, the penalty of death shall be
imposed by lethal injection.
(c) Where the person sentenced to death is not executed on the
date set for execution and a new execution date is subsequently set,
the inmate again shall have the opportunity to elect to have
punishment imposed by lethal gas or lethal injection, according to
the procedures set forth in subdivision (b).
(d) Notwithstanding subdivision (b), if either manner of execution
described in subdivision (a) is held invalid, the punishment of
death shall be imposed by the alternative means specified in
subdivision (a).


3605. (a) The warden of the state prison where the execution is to
take place shall be present at the execution and shall, subject to
any applicable requirement or definition set forth in subdivision
(b), invite the presence of the Attorney General, the members of the
immediate family of the victim or victims of the defendant, and at
least 12 reputable citizens, to be selected by the warden. The
warden shall, at the request of the defendant, permit those ministers
of the Gospel, not exceeding two, as the defendant may name, and any
persons, relatives or friends, not to exceed five, to be present at
the execution, together with those peace officers or any other
Department of Corrections employee as he or she may think expedient,
to witness the execution. But no other persons than those specified
in this section may be present at the execution, nor may any person
under 18 years of age be allowed to witness the execution.
(b) (1) For purposes of an invitation required by subdivision (a)
to members of the immediate family of the victim or victims of the
defendant, the warden of the state prison where the execution is to
take place shall make the invitation only if a member of the
immediate family of the victim or victims of the defendant so
requests in writing. In the event that a written request is made,
the warden of the state prison where the execution is to take place
shall automatically make the invitation 30 days prior to the date of
an imminent execution or as close to this date as practicable.
(2) For purposes of this section, "immediate family" means those
persons who are related by blood, adoption, or marriage, within the
second degree of consanguinity or affinity.
(c) No physician or any other person invited pursuant to this
section, whether or not employed by the Department of Corrections,
shall be compelled to attend the execution, and any physician's
attendance shall be voluntary. A physician's or any other person's
refusal to attend the execution shall not be used in any disciplinary
action or negative job performance citation.



3607. After the execution, the warden must make a return upon the
death warrant to the clerk of the court by which the judgment was
rendered, showing the time, mode, and manner in which it was
executed.
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