Cal. Code Regs. Tit. 15, § 3079.1 - Postrelease Community Supervision Exclusionary Criteria

The following shall make an incarcerated person ineligible for Postrelease Community Supervision:

(a) An incarcerated person serving a current term for a serious felony, as described in Penal Code (PC) Section 1192.7(c) or 1192.8.

(b) An incarcerated person serving a current term for a violent felony described in PC section 667.5(c).

(c) An incarcerated person serving a life term.

(d) An incarcerated person who is determined by the California Department of Corrections and Rehabilitation to be a High Risk Sex Offender, as defined in section 3582.

(e) Any incarcerated person who is determined to require a condition of parole as a supervised person with a mental health disorder, pursuant to PC section 2962.

(f) The incarcerated person is subject to a period of parole exceeding three years their current offense, pursuant to PC section 3000.

Notes

Cal. Code Regs. Tit. 15, § 3079.1

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3451 and 5054, Penal Code.

Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3451 and 5054, Penal Code.

1. New section filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
3. Change without regulatory effect amending subsection (e) filed 6-7-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 23).
4. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
5. Change without regulatory effect amending subsection (e) filed 3-5-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 10).