Section 2535 - Discharge Review(a) General. At the discharge review the Board shall consider the parolee's adjustment in prison and on parole and any other information relevant to determining whether the parolee should be discharged or retained under parole supervision.(b) Scheduling. (1) Three-Year Parolees. The review for those parolees who are subject to a three-year parole period as provided in § 2515(b) shall be performed during the thirteenth month of continuous parole, except for those who were committed for violent felonies as listed in Penal Code section 667.5(c), in which case the review shall be performed during the twenty-fifth month of continuous parole.(2) Five-Year Parolees. This review shall be performed during the 37th month of continuous parole for parolees subject to a five-year parole period as provided in Section 2515(d).(3) Life Parolees. This review shall be performed during the 85th month of continuous parole for first degree murder parolees and during the 61st month of continuous parole for second degree murder parolees.(4) Continuous Parole. A parolee has been on continuous parole if the parolee has not absconded parole supervision or had parole revoked since initial release on parole. A parolee has not been on continuous parole if he/she has been ordered returned to custody for psychiatric attention. A return to custody period for psychiatric attention which is added to the parole period shall change the parolee's discharge review date, but shall not affect the parolee's controlling discharge date.(5) One- and Three-Year Parolees. Parolees who were sentenced to prison for offenses committed on or after July 1, 1977, but on or before December 31, 1978, shall not be scheduled for discharge review hearings. These parolees will discharge after one or three years on parole or at the expiration of the maximum period of parole (see § 2515(c) and (e)).(c) Prisoner Rights. The prisoner does not have a right to a personal appearance during the review. The parolee shall receive a copy of the board's decision, including the reasons for a decision not to discharge the parolee. The parolee may appeal a refusal to discharge as provided in § 2050 -§ 2056. If the Board does not discharge the parolee, the Board shall review the case annually thereafter until discharge. Subsequent reviews shall be performed as provided in this section.
(d) Criteria. Factors tending to indicate there is good cause to retain a parolee on parole include: (1) Commitment Offense. The parolee was committed to prison for several offenses, for an offense involving weapons or great bodily harm, for an offense which was part of large scale criminal activity or for an offense which caused considerable concern in the local community.(2) Institutional Adjustment. While in prison the parolee was involved in serious gang activities or in general acts of violence.(3) Parole Adjustment. While on parole the parolee has been involved in criminal activity even if that activity did not result in revocation of parole, has been using drugs, has been involved in gang activities, is currently undergoing criminal prosecution or is being investigated for possible prosecution. For parolees whose commitment offense is described in Penal Code section 1192.7(c), engaging in any criminal conduct or other conduct described in § 2616(a) or (b) at any time while on parole shall be deemed good cause to retain that parolee on parole. For any parolee, engaging in any conduct described in § 2616(a) at any time while on parole shall be deemed good cause to retain the parolee on parole.(4) Placement Returns. The parolee has been returned to custody for controlled substance or psychiatric treatment.(5) Supervision Needed. The parolee is in special need of continued supervision for the safety of the parolee or of the public.Cal. Code Regs. Tit. 15, § 2535
1. Repealer of Article 3 (Sections 2535-2536) and new Article 3 (Sections 2535-2537) filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52). For prior history, see Registers 78, No. 14 and 77, No. 44.
2. Certificate of Non-compliance reinstating Article 3 as it existed prior to emergency repealer transmitted to AH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. Repealer of Article 3 (Sections 2535-2536) and new Article 3 (Sections 2535-2536) filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsection (c) filed 6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Repealer of subsection (b) and relettering of subsections (c)-(e) to subsections (b)-(d) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
9. Amendment of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
10. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
11. Amendment of subsections (b)(1) and (d)(3) and NOTE filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
12. Amendment of section and NOTE filed 10-22-98 as an emergency; operative 10-22-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-19-99 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99, No. 7). Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000.1, 3001, Penal Code (Stats. 1978, c. 582 and Stats. 1982, c. 1406); In re Carr (1995) 38 Cal.App.4th 209.
1. Repealer of Article 3 (Sections 2535-2536) and new Article 3 (Sections 2535-2537) filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52). For prior history, see Registers 78, No. 14 and 77, No. 44.
2. Certificate of Non-compliance reinstating Article 3 as it existed prior to emergency repealer transmitted to AH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. Repealer of Article 3 (Sections 2535-2536) and new Article 3 (Sections 2535-2536) filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsection (c) filed 6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Repealer of subsection (b) and relettering of subsections (c)-(e) to subsections (b)-(d) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
9. Amendment of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
10. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
11. Amendment of subsections (b)(1) and (d)(3) and Note filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
12. Amendment of section and Note filed 10-22-98 as an emergency; operative 10-22-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-19-99 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99, No. 7).