(a)(1)In the case of any inmate sentenced under Section 1168 for any offense of first or second degree murder with a maximum term of life imprisonment, the period of parole, if parole is granted, shall be the remainder of the inmate’s life.
(2)Notwithstanding any other law, in the case of any inmate sentenced to a life term under subdivision (b) of Section 209, if that offense was committed with the intent to commit a specified sexual offense, Section 269 or 288.7, subdivision (c) of Section 667.51, Section 667.71 in which one or more of the victims of the offense was a child under 14 years of age, or subdivision (j), (l), or (m) of Section 667.61, the period of parole, if parole is granted, shall
be the remainder of the inmate’s life.
(b)Notwithstanding any other law, when any person referred to in paragraph (1) of subdivision (a) has been released on parole from the state prison, and has been on parole continuously for seven years in the case of any person imprisoned for first degree murder, and five years in the case of any person imprisoned for second degree murder, since release from confinement, the board shall, within 30 days, discharge that person from parole, unless the board, for good cause, determines that the person will be retained on parole. The board shall make a written record of its determination and transmit a copy of it to the parolee.
(c)In the event of a retention on parole pursuant to subdivision (b), the parolee shall be entitled to a review by the board each year thereafter.
(d)There
shall be a hearing as provided in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole of a person referred to in subdivision (a) to consider the release of the inmate on parole and, notwithstanding paragraph (3) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise ineligible for parole release. The panel or board shall release the person within one year of the date of the revocation unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration or unless there is a new prison commitment following a conviction.
(e)The provisions of Section 3042 shall not apply to any hearing held pursuant to this section.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1993–2023 · leading case:
In re Moser, 862 P.2d 723 (Cal. 1993).
In re Moser, 862 P.2d 723 (Cal. 1993).
· cites it 2× “" (Pen. Code, § 3000.1, subd. (a).) [1] In May 1990, petitioner filed a petition for a writ of habeas corpus in the Superior Court of Humboldt County, asserting that, based on the trial court's erroneous advisement regarding parole, he should be allowed to withdraw his plea of…”
People v. Brian J., 150 Cal. App. 4th 97 (Cal. Ct. App. 2007).
· cites it 2× “Code, § 2968) and may have a review by the Board of Prison Terms at each presumptive early parole date (Pen. Code, §§ 3000.1, subd. (b), 3001; Cal.”
Thomas v. Yates, 637 F. Supp. 2d 837 (E.D. Cal. 2009).
· cites it 4× “The OSC was based in part on the Court’s construction of California Penal Code section 3000.1, which provides that the parole period for prisoners sentenced to indeterminate life sentences is the remainder of the parolee’s life.”
People v. Doyle, 220 Cal. App. 4th 1251 (Cal. Ct. App. 2013).
“(a)), plus parole for life after release (Pen. Code, § 3000.1, subd. (a)(1)). This difference can be attributed simply to the Legislature’s determination to punish murderers more harshly up front and to be more lenient with those convicted of manslaughter, while providing for…”
In re Chaudhary, 172 Cal. App. 4th 32 (Cal. Ct. App. 2009).
“Penal Code section 3000.1 provides that a person convicted of a second degree murder that occurred after January 1, 1983, is subject to lifetime parole and becomes eligible for discharge from parole “when [such a] person .”
Rasmussen v. Lazarus, 19 Cal. App. 5th 48 (Cal. Ct. App. 2018).
“Also at trial, the Rasmussens argued that this statute had been equitably tolled by Lazarus's attempts to hide her identity as the murderer or that the delayed discovery rule applied.”
Haugen v. Marshall, 740 F. Supp. 2d 1150 (C.D. Cal. 2010).
“California Penal Code § 3000.1, which imposes a lifetime parole term for “any inmate sentenced .”
Watson v. Clarke, 28 F. App'x 678 (9th Cir. 2002).
“More specifically, California law mandates that individuals convicted of second degree murder and subject to life-term parole will in fact be discharged from parole after five years unless good cause is found to retain the individual.”
Martinez v. Marshall, 713 F. Supp. 2d 992 (C.D. Cal. 2010).
“Therefore, “[t]he Court finds that the petition is not moot, as Petitioner’s parole term is determinate and not subject to the lifetime parole requirement set forth in California Penal Code section 3000.1. The Court may afford Petitioner a remedy, despite his release from…”
Rasmussen v. Lazarus, No. B277635 (Cal. Ct. App. Jan. 8, 2018).
“[¶] The purpose of the bill is to encourage felony victims to sue those convicted of the felony in order to obtain 6 A defendant sentenced to murder with a maximum term of life imprisonment can be discharged from parole no earlier than seven years after paroled.”
People v. Montes de Oca, No. B300064 (Cal. Ct. App. Dec. 7, 2020).
“(Pen. Code, § 3000.1.) The petition for revocation of defendant’s parole, filed on March 21, 2019, reported the relevant terms and conditions of parole, the circumstances of the alleged violation, and defendant’s pertinent history and background, and explained why his parole…”
Dept. of Corr. & Rehab. v. Super Ct., No. A166559 (Cal. Ct. App. Aug. 25, 2023).
“(Pen. Code, § 3000.1, subd. (a)(1); statutory references are to this code unless otherwise indicated.”
Cal. Penal Code § 3000.1(a): 1 case
Thomas v. Yates, 637 F. Supp. 2d 837 (E.D. Cal. 2009).
“The OSC was based in part on the Court’s construction of California Penal Code section 3000.1, which provides that the parole period for prisoners sentenced to indeterminate life sentences is the remainder of the parolee’s life.”
Cal. Penal Code § 3000.1(b)(1988): 1 case
Watson v. Clarke, 28 F. App'x 678 (9th Cir. 2002).
“More specifically, California law mandates that individuals convicted of second degree murder and subject to life-term parole will in fact be discharged from parole after five years unless good cause is found to retain the individual.”
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