How Non-Revocable Parole (aka "Summery Parole") Will be Implemented in California
Definition of Non-Revocable ParoleCCR, Title 15, Division 3, Section 3000 states: Non-revocable parole is a form of unsupervised community release pursuant to the provisions of Penal Code Section 3000.03, wherein the parolee is not subject to placement of a hold, referral to the Board of Parole Hearings for violation of any condition of parole, or return to custody.
Any subsequent placement in a CDCR institution of parolees on non-revocable parole must be from a new commitment by the court.
Parolees on NRP will not have the following:An assigned parole agent or parole office, "Conditions" of parole, General residency restrictions, Statutorily mandated restrictions still apply. Meaning parolee are still subject to search by peace officers, etc ..., Pre-release plans, Reporting requirements. Parolees will still receive their resale funds or "Gate Money."
Any subsequent placement in a CDCR institution of parolees on non-revocable parole must be from a NEW COMMITMENT by the court. Meaning the only way a parolee can be returned to prison is if he/she is sentenced to a new term by court for a new criminal offense.
Determining EligibilityPursuant to statute, only inmates whose validated risk assessment score reveals a low to moderate risk to reoffend qualify for NRP. The California Static Risk Assessment (CSRA) is the validated tool CDCR will be using to comply with this statute.
SEX OFFENDERSOffenders required to register under PC Section 290 are not eligible for NRP. Offenders who have a current or prior conviction for a sexually violent offense listed in W&I Code Section 6600(b) are not eligible. These are sexually violent offenses addressed under the SVP statute in which the courts have discretion to order the offender to register under PC Section 290.
VIOLENT & SERIOUS FELONIESThe following make an inmate ineligible for NRP: A current or prior conviction for a violent felony offense listed under PC Section 667.5. A current or prior conviction for a serious felony offense listed under PC Sections 1192.7 and 1192.8.
This includes: Out of state convictions which are equivalent to a serious or violent offense in California, Stayed counts, Enhancements that qualify under serious or violent, Open dispositions for serious or violent offenses.
This does not include: Juvenile sustained petitions/adjudications, Good cause findings by the BPH, Active or potential holds.
GANG MEMBERS/ASSOCIATES and SERIOUS RULES VIOLATION REPORTSIf an inmate is validated as an "active" or "inactive" member or associate of a prison gang, they are excluded from NRP.
The following are not excluded: Street gangs / disruptive groups, Validated prison gang "dropouts"
Serious Rules Violation Reports
If an inmate is found guilty of a Division A, B or C offense during the current term, they are ineligible for NRP. The only exception is the Division C offense of Possession of Inmate Manufactured Alcohol.
STATUORY REQUIREMENTPC Section 3053.2 requires offenders being released from a conviction for domestic violence related offenses complete a 52-week batterer's treatment program prior to being discharged from parole.
PC Sections 3053.2 and 3053.4 outline specific no contact provisions with victims.
PC Section 3003(h) requires offenders being released from a conviction for stalking not live within 35 miles of the victims residence or place of employment upon written request of the victim.