(a)Prisoners on parole shall remain under the supervision of the department but shall not be returned to prison except as provided in subdivision (b) or as provided by subdivision (c) of Section 3000.09. A parolee awaiting a parole revocation hearing may be housed in a county jail while awaiting revocation proceedings. If a parolee is housed in a county jail, they shall be housed in the county in which they were arrested or the county in which a petition to revoke parole has been filed or, if there is no county jail in that county, in the housing facility with which that county has contracted to house jail inmates. Additionally, except as provided by subdivision (c) of Section 3000.09, upon revocation of parole, a parolee may be housed in a county jail for a maximum of 180 days per revocation. When housed in county facilities,
parolees shall be under the sole legal custody and jurisdiction of local county facilities. A parolee shall remain under the sole legal custody and jurisdiction of the local county or local correctional administrator, even if placed in an alternative custody program in lieu of incarceration, including, but not limited to, work furlough and electronic home detention. When a parolee is under the legal custody and jurisdiction of a county facility awaiting parole revocation proceedings or upon revocation, the parolee shall not be under the parole supervision or jurisdiction of the department. Unless otherwise serving a period of flash incarceration, whenever a parolee who is subject to this section has been arrested, with or without a warrant or the filing of a petition for revocation with the court, the court may order the release of the parolee from custody under any terms and conditions the court deems appropriate. When released from the county facility or county alternative custody program following a
period of custody for revocation of parole or because no violation of parole is found, the parolee shall be returned to the parole supervision of the department for the duration of parole.
(b)Inmates paroled pursuant to Section 3000.1 may be returned to prison following the revocation of parole by the Board of Parole Hearings until July 1, 2013, and thereafter by a court pursuant to Section 3000.08.
(c)Until July 1, 2021, a parolee who is subject to subdivision (a), but who is under 18 years of age, may be housed in a facility of the Division of Juvenile Justice, Department of Corrections and Rehabilitation.
Notes of Decisions
Cited in
44
cases (
3 in the last 5 years), 1946–2025 · leading case:
Armstrong v. Brown, 857 F. Supp. 2d 919 (N.D. Cal. 2012).
Armstrong v. Brown, 857 F. Supp. 2d 919 (N.D. Cal. 2012).
· cites it 9× “CaLPenal Code §§ 3056, 3062; In re Law, 10 Cal.”
John Armstrong v. Edmund Brown, Jr., 732 F.3d 955 (9th Cir. 2013).
· cites it 3× “Notwithstanding a series of careful district court orders dating back to 1996 and an opinion by this Court affirming the issuance of a permanent injunction, defendants have resisted complying with their federal obligations at every turn. These appeals provide no exception.”
People v. Wilson, 885 N.E.2d 1033 (Ill. 2008).
“Cal. Penal Code §3056 (West 2007). Similarly, in Illinois, prisoners not serving a term of natural life imprisonment will eventually become eligible for parole (730 ILCS 5/3 — 3—3(c) (West 2006)), and when eligible for parole are presented with an agreement that sets forth the…”
In re La Croix, 524 P.2d 816 (Cal. 1974).
· cites it 2× “Code, § 23102, subd. (a)) and a breath analyzer test revealed a .”
In re Smith, 178 P.3d 446 (Cal. 2008).
“Moreover, a prisoner on parole remains in constructive custody (Pen. Code, § 3056; see 3 Witkin & Epstein, Cal.”
United States v. Raphyal Crawford, 323 F.3d 700 (9th Cir. 2003).
“, post at 724 (citing the custody provisions of CAL. PEN. CODE § 3056); at 724 ("[Ujnder California law, a parolee is in fact in the custody of the Department of Corrections .”
Green v. Baca, 306 F. Supp. 2d 903 (C.D. Cal. 2004).
· cites it 2× “See Cal. Pen. Code § 3056 ("Prisoners on parole shall remain under the legal custody of the department and shall be subject at any time to be taken back within the inclosure of the prison”).”
In re Tucker, 486 P.2d 657 (Cal. 1971).
· cites it 2× “icial setting, wherein both judgment of conviction and sentence have been imposed by the court, no further judicial proceedings take place, and the revocation hearing itself is one gratuitously but nevertheless quite properly offered and conducted by the Adult Authority pursuant…”
In re Vasquez, 170 Cal. App. 4th 370 (Cal. Ct. App. 2009).
“(Pen. Code, § 3056; People v. Denne (1956) 141 Cal.”
People v. Denne, 297 P.2d 451 (Cal. Ct. App. 1956).
“Haydis was specifically charged with keeping a surveillance over defendant, who in legal effect, was at all times in his custody as a prisoner and was subject at any time to be taken back to the prison (Pen. Code, § 3056.) Having reasonable cause to believe defendant had…”
Cal. Penal Code § 3056(a): 2 cases
Armstrong v. Brown, 857 F. Supp. 2d 919 (N.D. Cal. 2012).
“CaLPenal Code §§ 3056, 3062; In re Law, 10 Cal.”
John Armstrong v. Edmund Brown, Jr., 732 F.3d 955 (9th Cir. 2013).
“Notwithstanding a series of careful district court orders dating back to 1996 and an opinion by this Court affirming the issuance of a permanent injunction, defendants have resisted complying with their federal obligations at every turn. These appeals provide no exception.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.