(a)
Persons on parole for specified crimes, as listed in PC Sections
3000(b)(4) and
3000.1(a)(1)-(2), are subject to PC Section 3000.1 proceedings upon revocation
of parole. Supervised persons subject to PC Section 3000.1 shall be placed into
a local jail facility on a parole hold, and shall, upon good cause finding by
the court, be retained in local custody pending transfer to state
prison.
(b) Pursuant to PC Section
3000.08, persons released from state prison after serving a prison term for the
following crimes, or whose sentence has been deemed served pursuant to PC
Section 2900.5 and who are not serving a life term of parole supervision, shall
be subject to parole supervision by the Department and the jurisdiction of the
court in the county where the supervised person is supervised or the county in
which the alleged parole violation occurred for the purpose of hearing
petitions and imposition of a revocation of parole term:
(1) A serious felony as described in PC
Section 1192.7(c).
(2) A violent
felony as described in PC Section 667.5(c).
(3) A crime for which the person eligible for
release from state prison is classified as a High Risk Sex Offender by the
CDCR.
(4) Any crime where the
person is required, as a condition of parole, to undergo treatment by the
Department of Mental Health pursuant to PC Section 2962.
(c) All petitions to the court for revocation
of parole shall be reviewed and approved by the parole administrator. When the
court finds good cause that the supervised person has committed a violation of
their conditions of parole or of the law, the parole agent shall by order of
the court impose additional and appropriate conditions of parole, including,
but not limited to, rehabilitation and treatment services, appropriate
incentives for compliance, or immediate and structured sanctions as described
in Section
3764 for parole
violations.
Notes
Cal. Code
Regs. Tit. 15, §
3760
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections
1203.2,
3000(b)(9)(A),
3000.08,
3000.1,
3052,
3063,
5054 and
5054.1, Penal
Code.
Note: Authority cited: Sections
5058 and
5058.3, Penal
Code. Reference: Sections 1203.2,
3000(b)(9)(A),
3000.08, 3000.1,
3052,
3063, 5054 and 5054.1, Penal
Code.
1. New
article 19 (sections 3760-3766) and section filed 2-6-2014 as an emergency;
operative 2-6-2014 (Register 2014, No. 6). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 7-16-2014 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 2-6-2014 order transmitted
to OAL 7-16-2014 and filed 8/27/2014(Register
2014, No. 35).
3. Amendment of article heading filed
4-9-2019; operative 7-1-2019 (Register 2019, No. 15).
4. Change
without regulatory effect amending subsections (a)-(b) and (c) filed 7-1-2024
pursuant to section 100, title 1, California Code of Regulations (Register
2024, No. 27).
