(a)An inmate imprisoned under a life sentence shall not be paroled until he or she has served the greater of the following:
(1)A term of at least seven calendar years.
(2)A term as established pursuant to any other law that establishes a minimum term or minimum period of confinement under a life sentence before eligibility for parole.
(b)If two or more life sentences are ordered to run consecutively to each other pursuant to Section 669, an inmate so imprisoned shall not be paroled until he or she has served the term specified in subdivision (a) on each of the
life sentences that are ordered to run consecutively.
(c)Notwithstanding subdivisions (a) and (b), an inmate found suitable for parole pursuant to a youth offender parole hearing as described in Section 3051 or an elderly parole hearing as described in Section 3055 shall be paroled regardless of the manner in which the board set release dates pursuant to subdivision (a) of Section 3041, subject to subdivision (b) of Section 3041 and Sections 3041.1 and 3041.2, as applicable.
(d)The Board of Parole Hearings shall, in considering a parole for an inmate, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other
persons interested in the granting or denying of parole. The board shall enter on its order granting or denying parole to these inmates, the fact that the statements and recommendations have been considered by it.
Notes of Decisions
Cited in
61
cases (
13 in the last 5 years), 1949–2025 · leading case:
People v. Dillon, 668 P.2d 697 (Cal. 1983).
People v. Dillon, 668 P.2d 697 (Cal. 1983).
· cites it 2× “(Pen. Code, § 3046.) Can it reasonably be said that a term probably ranging from 7 to 20 years in prison is "cruel or unusual punishment" for the first degree murder of which he was convicted? Emphatically not.”
In Re Alvernaz, 830 P.2d 747 (Cal. 1992).
· cites it 2× “After seven years (Pen. Code, § 3046) he will merely become "eligible" for parole; prior to that event the Board of Prison Terms (board) will hold a hearing (1) to determine whether he is actually "suitable" for parole, and if so, (2) to set a parole release date.”
People v. Herrera, 2001 Cal. Daily Op. Serv. 3783 (Cal. Ct. App. 2001).
· cites it 4× “Penal Code section 3046 sets forth the parole eligibility of persons serving a life sentence.”
In Re Jeanice D., 617 P.2d 1087 (Cal. 1980).
· cites it 2× “[8] Penal Code section 3046 provides in relevant part: "No prisoner imprisoned under a life sentence may be paroled until he has served at least seven calendar years.”
In re Jenson, 233 Cal. Rptr. 3d 868 (Cal. Ct. App. 5th 2018).
“" ( Pen. Code, § 3046, subd. (c).) Penal Code section 3041 sets forth the workings of parole generally.”
People v. Skeirik, 91 Cal. Daily Op. Serv. 2912 (Cal. Ct. App. 1991).
· cites it 2× “" Penal Code section 3046 provides: "No prisoner imprisoned under a life sentence may be paroled until he or she has served at least seven calendar years or has served a term as established pursuant to any other section of law that establishes a minimum period of confinement…”
People v. Ketchel, 381 P.2d 394 (Cal. 1963).
· cites it 2× “This comment only served to point up the law allowing a person under life imprisonment to be paroled after seven years in prison if the Adult Authority should allow it (Pen. Code, § 3046); while the prosecutor argued that a sentence of life imprisonment will mean "these men will…”
People v. Zimmerman, 680 P.2d 776 (Cal. 1984).
· cites it 2× “(Pen. Code, § 3046.) We conclude that defendant's constitutional attack on the penalty in this case is without merit.”
People v. Rowland, 134 Cal. App. 3d 1 (Cal. Ct. App. 1982).
· cites it 2× “(Pen. Code, § 3046; People v. Sampsell (1950) 34 Cal.”
People v. Norrell, 913 P.2d 458 (Cal. 1996).
· cites it 2× “(Pen. Code, § 3046.) Thus, the effective minimum term is seven years for the life sentence on the substantive offense plus the lower term of three years for the enhancement, for a total of ten years.”
In Re Grant, 553 P.2d 590 (Cal. 1976).
· cites it 2× “5), and the seven-year period of parole ineligibility prescribed for prisoners under a life sentence for conviction of crimes such as first degree murder (Pen. Code, § 3046). Each of these provisions punish offenses which are uniformly more violent and serious than any of the…”
In Re Earley, 534 P.2d 721 (Cal. 1975).
· cites it 2× “But he will not even be eligible for parole consideration until he has served at least seven years in prison (Pen. Code, § 3046), and in practice such parole is not ordinarily granted for approximately the first ten years.”
— Cal. Penal Code § 3046(a) — 1 case
— Cal. Penal Code § 3046(a)(1) — 1 case
— Cal. Penal Code § 3046(e) — 1 case
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