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California Parole, Probation & Release All information & questions relating to parole, probation or release in California should be posted here.

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Old 09-01-2010, 11:29 AM
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Default CDC Non-Revocable Parole Frequently Asked Question Sheet/Updated 1/11

CDC Non-Revocable Parole Frequently Asked Questions

What is Non-Revocable Parole (NRP)?

Non-revocable parole is a non-supervised version of parole where you do not report to a Parole Agen, cannot have a parole hold placed on your and cannot be returned to custody for a parole violation for any reason.

What requires that inmates and parolees are placed on NRP?

On October 11, 2009 Section 3000.03 of the Ca. Penal Code was enacted pursuant to Section 48 of Senate Bill X3 18. This law goes into effect on Jan. 25. 2010 and requires the placement of parolees on NRP.

Is everyone eligible to be on NRP?

No. This program is limited only to offenders meeting the following criteria:
(a) The person is not required to register as a sex offender pursuant to Chaper 5.5 (commencing with SEction 290 of Title 9 of Part 1).
(b) The person was not committed to prison for a serious felony as defined in Sections 1192.7 and 1192.8, or a violent felony, as defined in Secion 667.5 and does not have a prior conviction for a serious felony, as defined in SEction 1192.7 and 1192.8, or a violent felony, as defined in Section 667.5
(c) The preson was not committed to prison for a sexually violent offense as defined in subdivisio (b) of Section 6600 of the Welfare and Institutions Code and does not have a prior convicition for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code.
(d) The person was not found guility of a designated serious disciplinary offense, as defined in regulation by the Department, during his or her current term of imprisonment.
(e) The person is not a validated prison gang member or associate, as defined in the regulation by the Department
(f) The person did not refuse to sign any written notification of parole requirements or conditions, including, but not limited to , the written notificatio of requirements pursuant to SEction 3067.
(g) The person was evaluated by the Department using a validated risk assessment tool and was not determined to pose a high risk to reoffend.

When do I find out I am being placed on NRP?

The CDCR is currently screening inmates paroling between April 1, and July 31, 2010 for placement, on NRP. Inmates paroling prior to April 1, 20010 will be screened after being placed on parole. The creening for placing parolees on NRP will begin on January 25, 2010, and will take approximately four months to complete.

How long am I on NRP?

Unless the Board of Parole Hearings has indicated that you have a requirement to complete a Batterer's Program pursuant to Penal Code Section 3053.2 you will discharge within 30 days of having been paroled for one year pursuant to the provisions contained within Penal Code SEction 3001.

Are there any requirement if I am place on NRP?

You are required to comply with all provisions of the California Penal Code and you are subject to being searched by any law enforcement officer at any time.

Do I still have to complete any registrations with local law enforcement?

Yes. Being on NRP does not relieve you of any registration requirements. You must still complete any required registration with local law enforcement.

Do I have to send monthly reports to the parole office?

No, you are not required to send in monthly reports.

I see the Board of Parole Hearings has indicated that I have to complete a Batterer's Program, how does this affect me on NRP?

If you have a requirement to complete a Batterer's Program per Penal Code Section 3053.2 you will not discharge after thirteen months of being on parole unless you have submitted a copy of the certificate showing you have complete the Batterer's Program to:
Division of Adult Parole Operations, Headquarters
P.O. Box 942883
Sacramento, CA 94283
Even though you submit a copy of your Batterer's Program certificate, the Board of Parole Hearings has the right to retain you on NRP for good cause.

I was not able to complete the Batterer's Program, am I still on NRP?

Yes, you will be retained on NRP until either your controlling discharge date or your submission of a copy of the certificate showing you have completed the Batterer's Program. Once we have received a copy of your certificate your case will be reviewed for discharge at the next annual review.

Can I still be arrested while on NRP?

Yes. Parolees on NRP are still subject to arrest by law enforcement for crimes committed in the community. However, they cannot have a parole hold placed on them and cannot have their parole revoked.

Do I still have to tell law enforcement officers that I am on parole?

Yes you must still inform law enforcement officers that you are on NRP since you are still subject to being searched by any law enforement officer at anytime.

Will I recieve a discharge card if I am on NRP?

After discharging from NRP, you may obtain a Discharge Certifacte by sending a written request to:
CDCR RECORDS
P.O. Box 942883
Sacramento, CA 94283

Do I still have to pay my victim's restitution if I am on NRP?

Yes, being on NRP does not relieve you of your obligation to pay your victims restitution. You can obtain your restitution balance and payment info by contacting the Office of Victim and Survivor Rights and Services at 1-877-256-6877

The paperwork states that I hve to return to the county where I last held legal residence, is that true?

Yes, Penal Code SEction 3003(a) requires that you reside in your county of last legal residence.

My counselor says that I have been approved for NRP, what happens next?

Once you have been approved for NRP by the Board of Parole Hearings, your counselor will have you sign the Notification of NRP Requirements.

What happens if I refuse to sign the Notification of NRP Requirements?

If you refuse to sign this form, then you will no longer be eligible for NRP and will be placed on supervised parole.

I have been approved for NRP and signed all my paperwork, now what happens?

Once you have been approved for NRP, you will be released to non-supervised parole unless you are found guilty of a serious Rules Violation Report while still in custody that makes you ineligible. If it is determeind you are no longer eligible for placement on NRP, you will be released to supervised parole.

I am paroling to NRP. Do I still get my gate money?

Yes, you will still receive whatever gate money you would have received had you been released to supervised parole.

Can I still receive services from the parole office?

Based on need, you may still be eligible to receive services from the parole office at the discretion of the local District Administrator; however you do not have a legal right to receive those services.

Do I still need a travel pass to go beyound 50 miles or be gone for longer than 48 hours?

No, since you are no longer required to report to a parole agent, you do not need permission from a parole agent to travel.
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Old 01-01-2011, 11:09 AM
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Default Serious Offenses Defined

Definition of Serious Felony Offenses As specified in Penal Code (PC) Section 1192.7(c) and PC Section 1192.8

1192.7.(a) (1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a "one strike," "three strikes" or habitual sex offender statute instead of engaging in plea bargaining over those offenses.
(2) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people's case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence.
(3) If the indictment or information charges the defendant with a violent sex crime, as listed in subdivision (c) of Section 667.61, that could be prosecuted under Sections 269, 288.7, subdivisions (b) through (i) of Section 667, Section 667.61, or 667.71, plea bargaining is prohibited unless there is insufficient evidence to prove the people's case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. At the time of presenting the agreement to the court, the district attorney shall state on the record why a sentence under one of those sections was not sought.
(b) As used in this section "plea bargaining" means any bargaining, negotiation, or discussion between a criminal defendant, or his or her counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant.
(c) As used in this section, "serious felony" means any of the following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a noninmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is 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; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 12034; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision.
(d) As used in this section, "bank robbery" means to take or attempt to take, by force or violence, or by intimidation from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association. As used in this subdivision, the following terms have the following meanings:
(1) "Bank" means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
(2) "Savings and loan association" means any federal savings and loan association and any "insured institution" as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
(3) "Credit union" means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union administration.
(e) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
1192.8. (a) For purposes of subdivision (c) of Section 1192.7, "serious felony" also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon, within the meaning of paragraph (8) or (23) of subdivision (c) of Section 1192.7.
(b) It is the intent of the Legislature, in enacting subdivision (a), to codify the court decisions of People v. Gonzales, 29 Cal. App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and to clarify that the crimes specified in subdivision (a) have always been, and continue to be, serious felonies within the meaning of subdivision (c) of Section 1192.7.
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Old 01-01-2011, 11:10 AM
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Default Violent Offenses Defined

Violent Offenses Defined

California Law http://www.leginfo.ca.gov/calaw.html
Definition of Violent Felony Offenses As specified in Penal Code (PC) Section 667.5(c) 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(a) Where one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant where the prior offense was one of the violent felonies specified in subdivision (c). However, no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction.
(b) Except where subdivision (a) applies, where the new offense is any felony for which a prison sentence is imposed, in addition and consecutive to any other prison terms therefor, the court shall impose a one-year term for each prior separate prison term served for any felony; provided that no additional term shall be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both prison custody and the commission of an offense which results in a felony conviction.
(c) For the purpose of this section, "violent felony" shall mean any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) 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.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation as defined in subdivision (c) or (d) of Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state prison for life.
(8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12) Attempted murder.
(13) A violation of Section 12308, 12309, or 12310.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society's condemnation for these extraordinary crimes of violence against the person.
(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody or until release on parole, whichever first occurs, including any time during which the defendant remains subject to reimprisonment for escape from custody or is reimprisoned on revocation of parole. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.
(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison.
(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony 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 if the defendant served one year or more in prison for the offense in the other jurisdiction.
(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole which is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.
(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State Department of Mental Health as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.
(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Director of Corrections is incarcerated at a facility operated by the Department of the Youth Authority, that incarceration shall be deemed to be a term served in state prison.
(k) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. This subdivision shall not apply when a full, separate, and consecutive term is imposed pursuant to any other provision of law
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