Bill Text: CA SB992 | 2009-2010 | Regular Session | Introduced

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Bill Title: Parole: discharge.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2010-02-18 - To Com. on RLS. [SB992 Detail]

Download: California-2009-SB992-Introduced.html

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BILL NUMBER: SB 992	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cogdill

                        FEBRUARY 9, 2010

   An act to amend Section 3001 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 992, as introduced, Cogdill. Parole: discharge.
   Existing law, as amended by Proposition 83 of the November 7,
2006, statewide general election, provides for discharge from parole
after a specified amount of time on parole and under specified
circumstances.
   This bill would make technical, nonsubstantive changes to existing
law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3001 of the Penal Code is amended to read:
   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  and Rehabilitation  recommends to the Board of
 Prison Terms   Parole Hearings  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.