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How Long Will Parole Be When One’s Prison Term Ends?
As one can probably understand, one’s period of parole varies by the underlying conviction that one served prison time for. This article will explain the length of parole. It does not apply to someone assigned to Post Release Community Supervision (PRCS), which is not parole.
A soon-to-be former inmate must be placed on parole, rather than PRCS, when the prison term was for a serious felony listed in Penal Code § 1192.7(c); the prison term was for a violent felony listed in Penal Code § 667.5(c); the person was sentenced as a three-striker under Penal Code §§ 667(b)-(i)/ 1170.12(c)(2); the person is classified by the California Department of Corrections and Rehabilitation (CDCR) as a High-Risk Sex Offender; or the person is found to be a Mentally Disordered Offender (MDO) under Penal Code § 2962. Penal Code § 3000.08(a); see also 15 CCR § 3079.1; People v. Toussain (2015) 240 Cal. App. 4th 974, 193 Cal. Rptr. 3d 48 (classification as a person with high risk sex offenses requires parole even if most recent offense not a sex-related crime).
It merits mention that inmates who have had their felony terms resentenced as misdemeanors under Proposition 47 are subject to parole for up to one year unless the court uses its discretion not to impose a parole term. Penal Code § 1170.18(d). Custody credits for excess time served cannot be applied to reduce this term; moreover, the parole period applies even if the person might otherwise qualify for PRCS or have already served some time on PRCS. People v. Morales (2016) 63 Cal. 4th 399, 203 Cal.Rptr.3d 130. However, the parole period cannot exceed the remaining time on the person’s PRCS term. People v. Pinon (2016) 6 Cal. App.5th 956, 211 Cal. Rptr. 3d 787.
A few things are good to know about the length of parole. The base parole period can be increased, up to a specified maximum, for parole violations resulting in revocation terms. Penal Code § 3000; Penal Code §§ 3000.1-3001; 15 CCR § 2515. Also, any time during which a person absconds (meaning they are not available for parole supervision) “stops the clock” and does not count toward the parole period. Penal Code § 3000(b)(6); Penal Code § 3064. When a person on parole undergoes Sexually Violent Predator (SVP) proceedings the parole term is “tolled” (paused) until the proceedings are dismissed or the person is discharged from the Department of State Hospitals (DSH). Penal Code § 3000(a)(4).
This is how long one’s parole period will be:
- Three Years Base Period, With a Maximum Four Year Length (Penal Code § 3000(b)(6)(A)): Inmates who served determinate (fixed length) prison terms and inmates who served terms of life with the possibility of parole for offenses committed before January 1, 1979. 15 CCR § 2515(e); In re Wilson (1981) 30 Cal. 3d 438, 440-441, 179 Cal. Rptr. 207.
- Five Year Base Period, With a Maximum Seven Year Length (Penal Code § 3000(b)(6)(B)): People sentenced to life with the possibility of parole who committed their offenses on or after January 1, 1979; inmates with violent felony sex-related crimes committed at certain times in the past; and inmates sentenced to life with the possibility of parole for some sex-related crimes in the past.
- Ten Year Base Period, With a Maximum Fifteen Year Length (Penal Code § 3000(b)(6)(C)): Inmates sentenced to life with the possibility of parole for a sex-related offense under Penal Code §§ 209(b) [with intent to commit a sex offense], 667.51, 667.61 or 667.71 (except those who committed their crimes in the time frames for which the parole terms were five years and those sub-groups who are subject to lifelong parole); inmates with violent felony sex-related crimes committed recently and at some times in the past; and inmates sentenced to life with the possibility of parole some sex-related crimes in the past.
- Twenty Year and Six Month Base Period With a Maximum Lifetime Parole Period: Inmates with some recent sex-related offenses with children, regardless of the type of sentence. This covers Penal Code §§ 261, 262, 264.1, 286, 288a, 288(b)(1), 288.5, or 289 crimes where the victim was under age 14 and the crime was committed on or after September 9, 2010. These inmates can be kept on parole longer upon a finding of good cause, even without parole violations. Penal Code § 3000(b)(4).
- Life-long parole period: Inmates sentenced to life with the possibility of parole for murder committed on or after January 1, 1983; inmates sentenced to life with the possibility of parole under Penal Code § 209(b) [with intent to commit a sex offense] committed on or after September 9, 2010; and inmates sentenced to life with the possibility of parole for sex offenses under Penal Code §§ 269, 288.7, 667.51(c), 667.61(j), (l), or (m), or 667.71 [if victim under age 14] committed on or after September 9, 2010.
This article would not be possible without reference to The California Prison and Parole Law Handbook by the Prison Law Offices. We greatly appreciate their work on this useful publication.
