California Codes

Cal. Penal Code § 3040 (2026)

✓ current as of May 2026

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The Board of Parole Hearings shall have the power to allow prisoners imprisoned in the state prisons pursuant to subdivision (b) of Section 1168 to go upon parole outside the prison walls and enclosures. The board may parole prisoners in the state prisons to camps for paroled prisoners established under Section 2792.

Notes of Decisions

Cited in 38 cases (2 in the last 5 years), 1947–2022 · leading case: In Re Rosenkrantz, 59 P.3d 174 (Cal. 2002).

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In Re Rosenkrantz, 59 P.3d 174 (Cal. 2002). · cites it 2× “(Pen.Code, §§ 3040, 5075 et seq.) Penal Code section 3041 provides that with regard to prisoners sentenced to indeterminate prison terms, one year prior to the inmate's minimum eligible parole release date, the Board "shall normally set a parole date .”

In Re Shaputis, 265 P.3d 253 (Cal. 2011). · cites it 2× “(Pen. Code, § 3040.) The Governor is granted de novo review of the Board's decision, and is free to make his or her own determination, based on the same factors the Board must consider.”

In Re Prather, 234 P.3d 541 (Cal. 2010). · cites it 2× “(Pen. Code, §§ 3040, 3056, 5054, 5077; In re Schoengarth [(1967)] 66 Cal.”

In Re Fain, 145 Cal. App. 3d 540 (Cal. Ct. App. 1983). · cites it 4× “The power to grant or deny parole, which is not a constitutional power, is by statute (Pen. Code, §§ 3040, 5077) committed entirely to the judgment and discretion of the Board.”

In Re Morrall, 125 Cal. Rptr. 2d 391 (Cal. Ct. App. 2003). · cites it 2× “(Pen. Code, § 3040 et seq.; Cal. Const., art.”

In Re Caswell, 112 Cal. Rptr. 2d 462 (Cal. Ct. App. 2001). · cites it 2× “(Pen. Code, §§ 3040, 3041.) A. Caswell’s Offenses The 1978 appellate decision affirming Caswell’s convictions summarizes the offenses as follows: “On the evening of May 20, 1976, at approximately 9:00 p.”

In Re Rosenkrantz, 95 Cal. Rptr. 2d 279 (Cal. Ct. App. 2000). · cites it 3× “(Pen.Code, §§ 3040 [the Board of Prison Terms has the power to allow prisoners serving indeterminate sentences "to go upon parole outside the prison walls and enclosures"], 3041 [in the case of prisoners except those serving terms of life without the possibility of parole, the…”

In Re DeLuna, 24 Cal. Rptr. 3d 643 (Cal. Ct. App. 2005). “(Pen. Code, §§ 3040, 3041, subd. (a), 3000, subd.”

In Re Lowe, 2005 Cal. Daily Op. Serv. 6099 (Cal. Ct. App. 2005). “(Pen. Code, § 3040 et seq.) In November 1988, California voters added article V, section 8, subdivision (b) to the California Constitution, vesting the Governor with the constitutional authority to review the Board’s decisions concerning parole for individuals convicted of…”

Clifford v. Latta v. C. J. Fitzharris, 521 F.2d 246 (9th Cir. 1975). “His parole is subject to revocation for reasons that would not permit the arrest or incarceration of other persons. Many of the conditions of his parole relate to noncriminal conduct that is thought likely to make his rehabilitation more difficult.”

In Re Carabes, 144 Cal. App. 3d 927 (Cal. Ct. App. 1983). “2 Penal Code section 3040 provides as follows: “The Board of Prison Terms shall have the power to allow prisoners imprisoned in the state prisons pursuant to subdivision (b) of Section 1168 to go upon parole outside the prison walls and enclosures.”

In re Ilasa, 3 Cal. App. 5th 489 (Cal. Ct. App. 2016). “V, § 8; Pen. Code, §§ 3040 et seq., 5075 et seq.) Thus, “[ijntrusions by the judiciary into the executive branch’s realm of parole matters may violate the separation of powers.”

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