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California Penal Code Section 3058.6

Legal Research Home > California Laws > Penal Code > California Penal Code Section 3058.6

3058.6.  (a) Whenever any person confined to state prison is serving
a term for the conviction of a violent felony listed in subdivision
(c) of Section 667.5, the Board of Parole Hearings, with respect to
inmates sentenced pursuant to subdivision (b) of Section 1168 or the
Department of Corrections and Rehabilitation, with respect to inmates
sentenced pursuant to Section 1170, shall notify the sheriff or
chief of police, or both, and the district attorney, who has
jurisdiction over the community in which the person was convicted
and, in addition, the sheriff or chief of police, or both, and the
district attorney, having jurisdiction over the community in which
the person is scheduled to be released on parole or rereleased
following a period of confinement pursuant to a parole revocation
without a new commitment.
   (b) (1) The notification shall be made by mail at least 60 days
prior to the scheduled release date, except as provided in paragraph
(3). In all cases, the notification shall include the name of the
person who is scheduled to be released, whether or not the person is
required to register with local law enforcement, and the community in
which the person will reside. The notification shall specify the
office within the Department of Corrections and Rehabilitation with
the authority to make final determination and adjustments regarding
parole location decisions.
   (2) Notwithstanding any other provision of law, the Department of
Corrections and Rehabilitation shall not restore credits nor take any
administrative action resulting in an inmate being placed in a
greater credit earning category that would result in notification
being provided less than 60 days prior to an inmate's scheduled
release date.
   (3) When notification cannot be provided at least 60 days prior to
release due to the unanticipated release date change of an inmate as
a result of an order from the court, an action by the Board of
Parole Hearings, the granting of an administrative appeal, or a
finding of not guilty or dismissal of a disciplinary action, that
affects the sentence of the inmate, or due to a modification of the
department's decision regarding the community into which the person
is scheduled to be released pursuant to paragraph (4), the department
shall provide notification as soon as practicable, but in no case
shall the department delay making the notification more than 24 hours
from the time the final decision is made regarding where the parolee
will be released.
   (4) Those agencies receiving the notice referred to in this
subdivision may provide written comment to the board or department
regarding the impending release. Agencies that choose to provide
written comments shall respond within 45 days prior to the inmate's
scheduled release, unless an agency received less than 60 days'
notice of the impending release, in which case the agency shall
respond as soon as practicable prior to the scheduled release. Those
comments shall be considered by the board or department which may,
based on those comments, modify its decision regarding the community
in which the person is scheduled to be released. The Department of
Corrections and Rehabilitation shall respond in writing not less than
15 days prior to the scheduled release with a final determination as
to whether to adjust the parole location and documenting the basis
for its decision, unless the department received comments less than
45 days prior to the impending release, in which case the department
shall respond as soon as practicable and prior to the scheduled
release. The comments shall become a part of the inmate's file.
   (c) If the court orders the immediate release of an inmate, the
department shall notify the sheriff or chief of police, or both, and
the district attorney, having jurisdiction over the community in
which the person was convicted and, in addition, the sheriff or chief
of police, or both, and the district attorney, having jurisdiction
over the community in which the person is scheduled to be released on
parole at the time of release.
   (d) (1) The notification required by this section shall be made
whether or not a request has been made under Section 3058.5.
   (2) In no case shall notice required by this section to the
appropriate agency be later than the day of release on parole. If,
after the 60-day notice is given to law enforcement and to the
district attorney relating to an out-of-county placement, there is a
change of county placement, notice to the ultimate county of
placement shall be made upon the determination of the county of
placement.

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Last modified: March 17, 2014